COUNCIL OF THE DISTRICT OF COLUMBIA
OFFICE OF COUNCILMEMBER BROOKE PINTO
THE JOHN A. WILSON BUILDING
1350 PENNSLYVANIA AVENUE, N.W., SUITE 106
WASHINGTON, D.C. 20004
January 18, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, along with Councilmember Brianne K. Nadeau, I am introducing the Vehicular Noise
Reduction Act of 2023. Please find enclosed a signed copy of the legislation.
The purpose of the Vehicular Noise Reduction Act is to reduce vehicular noise in the District by
(1) implementing a noise camera pilot program; (2) creating a vehicle repair subsidy program to
offset costs of vehicle repairs; and (3) commissioning a DDOT and DOEE study on strategies to
reduce vehicular and transit noise in the District.
Excessive vehicle noise, including noise caused by defective or altered muffler and exhaust
systems and roadway noise from tires on pavement, is disruptive in myriad ways to District
residents’ lives, including interrupting sleep;
creating noise barriers to communication in business,
educational, and social settings;
and creating continuous, high levels of noise, commonly referred
to as “noise pollution,” that can lead to various health and developmental issues.
Noise pollution, both during the day and at night, has serious effects on District residents’ physical
and mental health. Noise pollution is correlated to increased anxiety, depression, heart disease,
cognitive impairments, and strokes. Continuous exposure to high noise levels can also bring about
the “flight or fight” response within the body, triggering stress hormones that contribute to elevated
blood pressure, accelerated heart rates, and disrupted digestive systems. Sleep interruption from
loud and continuous noises can inhibit child development, learning, mood regulation, and optimal
healing from injuries, even when a person is never actually awoken by the noise.
Noise pollution from vehicles is also an equity issue in our city, as communities of color,
immigrants, and people with low incomes are more likely to live near roadways with elevated and
constant vehicular noise and are thus at greater risk of experiencing these negative health impacts.
This legislation, through its three-pronged approach, will aid in reducing vehicle noise in the
District and provide an opportunity to understand further noise-reduction options that may be
available to lower vehicular noise and improve equity, quality of life, and health for District
residents, workers, and visitors. Should you have any questions about this legislation, please contact my Legislative Counsel,
Kristin Ewing, at kewing@dccouncil.gov.
Thank you,
Brooke Pinto _______________________________ _______________________________
Councilmember Brianne K. Nadeau Councilmember Brooke Pinto
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A BILL 2
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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To establish a noise camera demonstration project using acoustic imaging technology to identify 10
violators of District motor vehicle noise law, to require reporting on the demonstration 11
project to the Council, to set certain calibration requirements for a photo noise violation 12
monitoring device, to require operator training for a photo noise violation monitoring 13
device, to prescribe the parameters for the use of a photo noise violation monitoring 14
device image, to state the evidentiary value of a photo noise violation monitoring device 15
image, to conduct a study of vehicular and traffic noise-reducing strategies, and to 16
establish a subsidy program for car repairs related to noise violations. 17
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
act may be cited as the “Vehicular Noise Reduction Act of 2023”. 20
Sec. 2. Definitions. 21
For the purposes of this act, the term: 22
(1) “Decibel reader” means a measuring instrument used to assess noise or sound levels 23
by measuring sound pressure expressed in decibel (dB) units. 24
(2) “Motor vehicle noise limits” means the noise limits prescribed pursuant to 20 DCMR 25
§ 2811. 26
(3) “Operator of a photo noise violation monitoring device” means a natural or legal 27
person authorized to set up, test, or operate the noise violation monitoring device described 28
herein. 29
(4) “Photo noise violation monitoring device” means one or more mobile or fixed vehicle 30
sensors installed to work in conjunction with one or more noise measuring apparatuses such as a 31
decibel reader which automatically produces two or more photographs, two or more 32
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microphotographs, a videotape, or other recorded images of each motor vehicle at the time it is 33
used or operated in violation of the motor vehicle noise limits pursuant to 20 DCMR § 2811. 34
Sec. 3. Photo noise violation monitoring device program established. 35
The District Department of Transportation (“DDOT”), in consultation with the 36
Department of Energy and Environment (“DOEE”), shall establish a two-year demonstration 37
program of photo noise violation monitoring devices using acoustic imaging technology to 38
identify violators of District motor vehicle noise law pursuant to 20 DCMR § 2811. 39
Sec. 4. Violations authorization and fines. 40
(a) The Mayor is authorized to use a photo noise violation monitoring device to detect 41
noise violations. Proof of a violation may be evidenced by information obtained through the use 42
of a photo noise violation monitoring device. 43
(b) The Mayor shall impose a fine for a violation detected by a photo noise violation 44
monitoring device. 45
Sec. 5. Demonstration program implementation. 46
As part of the implementation of the demonstration program, DDOT shall: 47
(a) Conduct an acoustical engineering study to determine appropriate noise detection 48
equipment and placement location options; 49
(b) Consult with ward Councilmembers to determine best noise camera placement 50
locations within their ward; 51
(c) Test photo noise violation monitoring devices to determine the most appropriate 52
device for use in the District; 53
(d) Provide a report to the Council describing how the placement of each noise detection 54
device was determined; 55
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(e) Install signs giving notice to approaching motor vehicle operators where a photo 56
noise violation monitoring device is in use; 57
(f) Install at least 2 photo noise violation monitoring locations in each of the 8 District 58
Wards; and 59
(g) Collect appropriate data on the effectiveness of the photo noise violation monitoring 60
devices. 61
Sec. 6. Demonstration program reporting. 62
One year after the effective date of this act and 60 days after the conclusion of the 63
demonstration project, DDOT shall submit a report on the results of the demonstration program 64
to the Council. The report shall include: 65
(a) The locations where and dates when photo noise violation monitoring devices were 66
used; 67
(b) The total number of violations recorded by photo noise violation monitoring devices 68
on a daily, weekly and monthly basis; 69
(c) The total number of notices of violation issued for violations recorded by the installed 70
devices; 71
(d) The number of fines and total amount of fines paid after the first notice of violation 72
issued for violations recorded by the devices; 73
(e) The number of violations adjudicated and the results of such adjudications including 74
breakdowns of dispositions made for violations recorded by the devices; 75
(f) The total amount of revenue realized by the District in connection with the program; 76
(g) A cost-benefit analysis of the different types of technology tested pursuant to this act; 77
(h) The expenses incurred by the District in connection with the demonstration program; 78
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and 79
(i) A description of the quality of the adjudication process and its results. 80
Sec. 7. Calibration requirements for photo noise violation monitoring devices. 81
(a) No photo noise violation monitoring device shall be used unless it has undergone a 82
calibration check performed pursuant to this section. 83
(1) Each photo noise violation monitoring device shall undergo: 84
(A) An annual calibration check performed by an independent calibration 85
laboratory which shall issue a signed certificate of calibration; and 86
(B) A successfully passed self-test of its functions on the day it is used to 87
record a noise violation; 88
(2) The department shall keep each annual certificate of calibration on file until 89
the final resolution of all cases involving a notice of violation issued during the year which were 90
based on photographs, microphotographs, videotape, or other recorded images produced by the 91
photo noise violation monitoring device. 92
(3) It shall be a defense to any prosecution for a violation of motor vehicle noise 93
limits pursuant to this section that a photo noise violation monitoring device was malfunctioning 94
at the time of the alleged violation. 95
Sec. 8. Operator training for photo noise violation monitoring devices. 96
(a) Operators of a photo noise violation monitoring device shall have completed training 97
in the procedures for setting up, testing, and operating the device. 98
(b) Each operator shall maintain a daily camera log report for each device that states: 99
(1) The date and time when, and the location where, the device was set up that 100
day; and 101
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(2) That the operator successfully performed, and the device passed, the self-tests 102
of the device before producing a recorded image that day. 103
(c) The District shall retain each daily camera log report until the later of the date on 104
which the photo noise violation monitoring device to which it applies has been permanently 105
removed from use or the final resolution of all cases involving notices of violation issued based 106
on photographs, microphotographs, video, or other recorded images produced by the device. 107
Sec. 9. Use of a photo noise violation monitoring device image. 108
(a) The demonstration program shall utilize necessary technologies to ensure to the 109
extent practicable, that photographs, microphotographs, videotape, or other recorded images 110
produced by a photo noise violation monitoring device shall not include images that identify the 111
driver, the passengers, or the contents of the motor vehicle. 112
(b) Notwithstanding subsection (a) of this section, no notice of violation issued pursuant 113
to this section shall be dismissed solely because a photograph, microphotograph, videotape, or 114
other recorded image allows for the identification of the driver, the passengers, or the contents of 115
motor vehicles where the department shows that it made reasonable efforts to comply with the 116
provisions of this paragraph in case. 117
(c) Any photograph, microphotograph, videotape or other recorded image from a photo 118
noise violation monitoring device shall be for the exclusive use of the District for the purpose of 119
the adjudication of liability of the motor vehicle owner receiving a notice of violation, and shall 120
be destroyed by the department upon the final resolution of the notice of violation to which the 121
photograph, microphotograph, videotape or other recorded image relates, or one year following 122
the date of issuance of the notice of violation, whichever is later. 123
(d) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a 124
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photograph, microphotograph, videotape, or other recorded image from a photo noise violation 125
monitoring device shall not be available to the public, nor subject to civil or criminal process or 126
discovery, nor used by any court or administrative or adjudicatory body in any action or 127
proceeding therein except that which is necessary for the adjudication of a notice of violation, 128
and no public entity or employee, officer or agent thereof shall disclose the information, except 129
that a photograph, microphotograph, videotape, or other recorded image from a device: 130
(1) Shall be available for inspection and copying and use by the motor vehicle 131
owner and operator for so long as the photographs, microphotographs, videotape, or other 132
recorded images are required to be maintained or are maintained by the public entity, employee, 133
officer, or agent; 134
(2) Shall be furnished for use in a criminal action or proceeding when described 135
in a search warrant issued by a court authorized to issue a search warrant or a federal court 136
authorized to issue a search warrant under federal law, where the search warrant states that there 137
is reasonable cause to believe information constitutes evidence of, or tends to demonstrate that, a 138
misdemeanor or felony offense was committed in this state or another state, or that a particular 139
person participated in the commission of a misdemeanor or felony offense in this state or another 140
state, provided, that if the offense was against the laws of another state, the court shall only issue 141
a warrant if the conduct comprising the offense would, if occurring in this state, constitute a 142
misdemeanor or felony against the laws of this state; and 143
(3) Shall be furnished for use in a criminal action or proceeding in response to a 144
subpoena duces tecum signed by a judge of competent jurisdiction and issued pursuant the 145
criminal procedure law or a judge or magistrate of a federal court authorized to issue a subpoena 146
duces tecum under federal law, where the judge finds and the subpoena states that there is 147
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reasonable cause to believe the information is relevant and material to the prosecution, or the 148
defense, or the investigation by an authorized law enforcement official, of the alleged 149
commission of a misdemeanor or felony in the District or another state, provided, that if the 150
offense was against the laws of another state, the judge or magistrate shall only issue a subpoena 151
if the conduct comprising the offense would, if occurring in the District, constitute a 152
misdemeanor or felony in the District; and 153
(4) May be used in a criminal action or proceeding if lawfully obtained pursuant 154
to this section and otherwise admissible. 155
Sec. 10. Photo noise violation monitoring device image as evidence. 156
(a) A certificate, sworn to or affirmed by a technician employed by the city, or a 157
facsimile thereof, based upon inspection of photographs, microphotographs, videotapes, or other 158
recorded images produced by a photo noise violation monitoring device, shall be prima facie 159
evidence of the facts contained therein. 160
(b) Any photographs, microphotographs, videotapes, or other recorded images 161
evidencing a violation shall include at least two date and time stamped images of the rear of the 162
motor vehicle that include the same stationary object near the motor vehicle and shall be 163
available for inspection reasonably in advance of and at any proceeding to adjudicate the liability 164
for the violation. 165
Sec. 11. Vehicle and transportation noise-reducing strategies study and report. 166
In Fiscal Year 2023, DDOT, in consultation with DOEE, shall conduct a study on vehicle 167
and other transportation-related noise and identify and evaluate short-term and long-term 168
strategies for reducing vehicle and other transportation-related noise, including noise-reducing 169
roadway material. DDOT shall provide a report to the Council within one year of enactment of 170
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this Act to include recommendations on the feasibility, efficacy, and environmental impact of the 171
identified noise-reducing strategies as well as a cost-benefit analysis of identified strategies. 172
Sec. 12. Vehicle repair subsidy program established. 173
The Department of Motor Vehicles (“DMV”) shall create a non-means tested program to 174
subsidize, in full or in part, the cost of repairing a vehicle to bring it within the motor vehicle 175
noise limits pursuant to 20 DCMR § 2811. This program shall apply to: 176
(a) Vehicles that are: 177
(1) Registered in the District; 178
(2) Registered in another jurisdiction to a person employed in the District; or 179
(3) Registered in another jurisdiction but operated in the District for commercial 180
or business purposes. 181
(b) Vehicles that are in violation of the motor vehicle noise limits pursuant to 20 DCMR 182
§ 2811, regardless of whether that vehicle has been assessed a fine pursuant to 183
Section 4 of this Act. 184
(c) Only the repairs necessary to reduce noise and bring the vehicle into compliance with 185
the motor vehicle noise limits pursuant to 20 DCMR § 2811, including necessary 186
repairs caused by: 187
(1) Normal wear and tear; 188
(2) Purposeful alteration, 189
(3) Outdated machinery or mechanics; or 190
(4) Accidental damage. 191
(d) Each eligible vehicle no more than once. 192
Sec. 13. Waiver of fine. 193
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A photo noise violation fine shall be waived if the vehicle is brought into compliance 194
with District motor vehicle noise law pursuant to 20 DCMR § 2811. 195
Sec. 14. Rulemaking. 196
Within 180 days of the effective date of this act, the Mayor shall promulgate rules to 197
implement this act. The proposed rules shall be submitted to the Council for a 45-day period of 198
review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council 199
does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 200
45-day review period, the proposed rules shall be deemed disapproved. 201
Sec. 15. Applicability. 202
(a) This act shall take effect subject to the inclusion of its fiscal effect in an approved 203
budget and financial plan. 204
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 205
in an approved budget and financial plan, and provide notice to the Budget Director of the 206
Council of the certification. 207
(c) (1) The Budget Director shall cause the notice of the certification to be published in 208
the District of Columbia Register. 209
(2) The date of publication of the notice of the certification shall not affect the 210
applicability of this act. 211
Sec. 16. Fiscal impact statement. 212
The Council adopts the fiscal impact statement in the committee report as the fiscal 213
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 214
approved December 24, 1973 (87 Stat. 813; D.C. Official Code §l-206.02(c)(3)). 215
Sec. 17. Effective date. 216
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This act shall take effect following approval by the Mayor (or in the event of veto by the 217
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 218
provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 219
24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of 220
Columbia Register. 221