DC Taxicab Commission response to complaint

On September 5, I took a taxicab from DC to Alexandria. When I got in the car, it was SO obvious that the driver had been smoking. I had to keep the windows rolled down the entire ride. I sent in this to the DC Taxicab Commission via email:

Taxi clearly smelled like smoke when I got in. No smoking sign on the window. 

Four days later I got this response:

DCMR title 31 section 807.1 prohibits smoking in District licensed taxicabs while transporting passengers in the District. Since the car only smelled like smoke and the driver was not actually smoking while a passenger was in the car there is no violation that he can be charged with.

Is it just me, or is this totally lame?? Can you say letter of the law much?? If you think so too, feel free to send an email to Renee Hevor of DCTC at renee.hevor@dc.gov and let them know what you think.