(a)(1) Pursuant to rules issued by the Mayor pursuant to § 50-705, operators of all covered fleets shall register with the Mayor within 120 days after the effective date of the rules. In the case of fleets which become covered fleets after the effective date of the rules, the fleet operator shall register with the Mayor within 90 days of becoming a covered fleet.

(2) Accurate records shall be maintained by covered fleet operators to verify compliance with this chapter. All records shall be maintained for the current model year and the previous model year. For purposes of enforcement of this chapter, officers and employees of the District, duly designated by the Mayor as inspectors, shall be authorized to inspect the records of a covered fleet operator. All records provided by covered fleet operators shall be treated as confidential and proprietary trade secrets.

(b)(1) Of the new covered fleet vehicles purchased each year by a covered fleet operator in Model Year 1998 and thereafter, at least a specified percentage of the vehicles shall be clean-fuel vehicles as provided in this subsection. These vehicles shall use a clean fuel when operating in the covered area.

(2) Clean-fuel vehicles shall be purchased according to the following percentages in Model Year 1998:

(A) 30% of light duty vehicles (“LDVs”) and light duty trucks (“LDTs”) under 6,000 pounds gross vehicle weight rating (GVWR);

(B) 30% of LDTs between 6,000 pounds and 8,500 pounds GVWR; and

(C) 50% of heavy duty vehicles (“HDVs”) over 8,500 pounds and less than 26,000 pounds GVWR.

(3) Clean-fuel vehicles shall be purchased according to the following percentages in Model Year 1999:

(A) 50% of LDTs and LDVs less than 6,000 pounds GVWR;

(B) 50% of LDTs and LDVs between 6,000 pounds and 8,500 pounds GVWR; and

(C) 50% of HDVs more than 8,500 pounds and less than 26,000 pounds GVWR.

(4) Clean-fuel vehicles shall be purchased according to the following percentages in Model Year 2000 and every Model Year thereafter:

(A) 70% of LDTs and LDVs less than 6,000 pounds GVWR;

(B) 70% of LDTs and LDVs between 6,000 pounds and 8,500 pounds GVWR; and

(C) 50% of HDVs more than 8,500 pounds and less than 26,000 pounds GVWR.

(c) Any owner or operator of a commercial fleet may petition the Mayor, pursuant to rules issued by the Mayor, for provisional relief from compliance with this section after demonstrating or showing cause of hardship. The Mayor may, after careful and balanced review and after taking into account various factors including cost, available technology, service and repair facilities, safety, lead time, environmental impact pursuant to the public health, safety, or welfare, and any other relevant factors, grant whatever provisional relief deemed appropriate.

(d) Failure to comply with the requirements of this section shall result in a fine not to exceed $5,000 for each day of noncompliance and may result in the forfeiture of any right, license, permit, or privilege to operate a commercial vehicle in the District.

(Mar. 8, 1991, D.C. Law 8-243, § 4, 38 DCR 355; Mar. 17, 1994, D.C. Law 10-78, § 2(b), 40 DCR 8464; Mar. 14, 1995, D.C. Law 10-201, § 2(c), 41 DCR 7178.)

1981 Ed., § 40-2003.

For temporary amendment of section, see § 2(b) of the Alternative Fuels Technology Emergency Amendment Act of 1993 (D.C. Act 10-135, October 27, 1993, 40 DCR 7607), § 2(b) of the Alternative Fuels Technology Congressional Recess Emergency Amendment Act of 1994 (D.C. Act 10-175, January 25, 1994, 41 DCR 510) and § 2 of the Fuels Technology Emergency Amendment Act of 1994 (D.C. Act 10-211, March 17, 1994, 41 DCR 1652).

For temporary (225 day) amendment of section, see § 2(b) of Alternative Fuels of 1990 Temporary Amendment Act of 1992 (D.C. Law 9-232, March 17, 2003, law notification 40 DCR __.