SENATE BILL 5439
State of Washington 52nd Legislature 1991 Regular Session
By Senators Nelson, Erwin, McMullen, Owen, Oke, A. Smith, Stratton and Thorsness.
Read first time January 31, 1991. Referred to Committee on Law & Justice.
AN ACT Relating to driving violations; amending RCW 46.61.525; adding a new section to chapter 46.61 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.61.525 and 1979 ex.s. c 136 s 86 are each amended to read as follows:
be)) is unlawful for any person to operate a motor vehicle in
this state in a negligent manner. For the purpose of this section to
"operate in a negligent manner" (( shall be construed to)) means
the operation of a vehicle in such a manner as to endanger or be likely to
endanger any persons or property: PROVIDED HOWEVER, That any person operating
a motor vehicle on private property with the consent of the owner in a manner
consistent with the owner's consent (( shall)) is not (( be))
guilty of negligent driving.
offense of operating a vehicle in a negligent manner ((
shall be)) is
considered to be a lesser offense than, but included in, the offense of
operating a vehicle in a reckless manner, and any person charged with operating
a vehicle in a reckless manner may be convicted of the lesser offense of
operating a vehicle in a negligent manner. Any person violating the provisions
of this section (( will be)) is guilty of a misdemeanor(( :
PROVIDED, That)). The director may not revoke any license under
this section, and such offense is (( not)) punishable by imprisonment (( or))
not exceeding ninety days and by a fine not exceeding (( two
hundred fifty)) one thousand dollars.
NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:
It is a traffic infraction for a person to operate a motor vehicle in an inattentive manner. For the purposes of this section to "operate a motor vehicle in an inattentive manner" means the operation of a motor vehicle in a manner that evidences a lack of (1) that degree of attentiveness required to safely operate the vehicle under the prevailing conditions, including but not limited to the nature and condition of the roadway, presence of pedestrians, presence of other traffic, and weather conditions; or (2) that degree of attentiveness as will allow the driver of a motor vehicle to observe anything resting on or traveling on the roadway in time to take appropriate action as circumstances require.