AN ACT Relating to enforcement of traffic laws;
amending RCW 46.20.031, 46.20.207, 46.20.291, 46.20.311, 46.20.342, 46.61.515,
46.63.020, 46.63.060, 46.63.070, 46.63.110, and 46.52.120; adding a new section
to chapter 46.20 RCW; repealing RCW 46.64.020 and 46.64.027; and prescribing
penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 46.20 RCW to read as follows:
The department shall suspend all driving
privileges of a person when the department receives notice from a court under
RCW 46.63.070(5) or 46.64.025 that the person has failed to respond to a notice
of traffic infraction, failed to appear at a requested hearing, violated a
written promise to appear in court, or has failed to comply with the terms of a
notice of traffic infraction or citation, other than for a notice of a
standing, stopping, or parking violation. A suspension under this section
takes effect thirty days after the date the department mails notice of the
suspension, and remains in effect until the department has received a
certificate from the court showing that the case has been adjudicated, and
until the person meets the requirements of RCW 46.20.311. A suspension under
this section does not take effect if, prior to the effective date of the
suspension, the department receives a certificate from the court showing that
the case has been adjudicated.
Sec. 2.
RCW 46.20.031 and 1985 c 101 s 1 are each amended to read as follows:
The department shall not issue a driver's
license hereunder:
(1) To any person who is under the age of
sixteen years;
(2) To any person whose license has been
suspended during such suspension, nor to any person whose license has been
revoked, except as provided in RCW 46.20.311;
(3) ((To any person when the department has
been notified by a court that such person has violated his written promise to
appear in court, unless the department has received a certificate from the
court in which such person promised to appear, showing that the case has been
adjudicated. The deposit of bail by a person charged with a violation of any
law regulating the operation of motor vehicles on highways shall be deemed an
appearance in court for the purpose of this section;
(4)))
To any person who has been evaluated by a program approved by the department of
social and health services as being an alcoholic, drug addict, alcohol abuser
and/or drug abuser: PROVIDED, That a license may be issued if the department
determines that such person has been granted a deferred prosecution, pursuant
to chapter 10.05 RCW, or is satisfactorily participating in or has successfully
completed an alcohol or drug abuse treatment program approved by the department
of social and health services and has established control of his or her alcohol
and/or drug abuse problem;
(((5))) (4) To any person who has
previously been adjudged to be mentally ill or insane, or to be incompetent due
to any mental disability or disease, and who has not at the time of application
been restored to competency by the methods provided by law: PROVIDED, HOWEVER,
That no person so adjudged shall be denied a license for such cause if the
superior court should find him able to operate a motor vehicle with safety upon
the highways during such incompetency;
(((6))) (5) To any person who is
required by this chapter to take an examination, unless such person shall have
successfully passed such examination;
(((7))) (6) To any person who is
required under the laws of this state to deposit proof of financial
responsibility and who has not deposited such proof;
(((8))) (7) To any person when
the department has good and substantial evidence to reasonably conclude that
such person by reason of physical or mental disability would not be able to
operate a motor vehicle with safety upon the highways; subject to review by a
court of competent jurisdiction.
Sec. 3.
RCW 46.20.207 and 1991 c 293 s 4 are each amended to read as follows:
(1) The department is authorized to cancel any
driver's license upon determining that the licensee was not entitled to the
issuance of the license, or that the licensee failed to give the required or
correct information in his or her application, or that the licensee is
incompetent to drive a motor vehicle for any of the reasons under RCW 46.20.031
(((5) and (8))) (4) and (7).
(2) Upon such cancellation, the licensee must
surrender the license so canceled to the department.
Sec. 4.
RCW 46.20.291 and 1991 c 293 s 5 are each amended to read as follows:
The department is authorized to suspend the
license of a driver upon a showing by its records or other sufficient evidence
that the licensee:
(1) Has committed an offense for which
mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in death or
injury to any person or serious property damage;
(3) Has been convicted of offenses against
traffic regulations governing the movement of vehicles, or found to have
committed traffic infractions, with such frequency as to indicate a disrespect
for traffic laws or a disregard for the safety of other persons on the
highways;
(4) Is incompetent to drive a motor vehicle ((for
any of the reasons enumerated in subsection (4) of)) under RCW
46.20.031(3); or
(5) Has failed to respond to a notice of
traffic infraction, failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the terms of a notice
of traffic infraction or citation, as provided in section 1 of this act; or
(6) Has committed one of the prohibited
practices relating to drivers' licenses defined in RCW 46.20.336.
Sec. 5.
RCW 46.20.311 and 1990 c 250 s 45 are each amended to read as follows:
(1) The department shall not suspend a driver's
license or privilege to drive a motor vehicle on the public highways for a
fixed period of more than one year, except as permitted under RCW 46.20.342 or
46.61.515. Except for a suspension under section 1 of this act and RCW
46.20.291(5), whenever the license or driving privilege of any person is
suspended by reason of a conviction, a finding that a traffic infraction has
been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291,
the suspension shall remain in effect until the person gives and thereafter
maintains proof of financial responsibility for the future as provided in
chapter 46.29 RCW. The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue fee of twenty
dollars. If the suspension is the result of a violation of RCW 46.61.502 or
46.61.504, the reissue fee shall be fifty dollars.
(2) Any person whose license or privilege to
drive a motor vehicle on the public highways has been revoked, unless the
revocation was for a cause which has been removed, is not entitled to have the
license or privilege renewed or restored until: (a) After the expiration of
one year from the date the license or privilege to drive was revoked; (b) after
the expiration of the applicable revocation period provided by RCW 46.61.515(3)
(b) or (c); (c) after the expiration of two years for persons convicted of
vehicular homicide; (d) after the expiration of one year in cases of revocation
for the first refusal within five years to submit to a chemical test under RCW
46.20.308; (e) after the expiration of two years in cases of revocation for the
second or subsequent refusal within five years to submit to a chemical
test under RCW 46.20.308; or (f) after the expiration of the applicable
revocation period provided by RCW 46.20.265. After the expiration of the
appropriate period, the person may make application for a new license as
provided by law together with a reissue fee in the amount of twenty dollars,
but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502,
or 46.61.504, the reissue fee shall be fifty dollars. Except for a revocation
under RCW 46.20.265, the department shall not then issue a new license unless
it is satisfied after investigation of the driving ability of the person that
it will be safe to grant the privilege of driving a motor vehicle on the public
highways, and until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29 RCW. For
a revocation under RCW 46.20.265, the department shall not issue a new license
unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant that person the privilege of driving a motor
vehicle on the public highways.
(3) Whenever the driver's license of any person
is suspended pursuant to Article IV of the nonresident violators compact or RCW
46.23.020 or section 1 of this act or RCW 46.20.291(5), the department
shall not issue to the person any new or renewal license until the person pays
a reissue fee of twenty dollars. If the suspension is the result of a
violation of the laws of ((another)) this or any other state,
province, or other jurisdiction involving (a) the operation or physical control
of a motor vehicle upon the public highways while under the influence of
intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test
of the driver's blood alcohol content, the reissue fee shall be fifty dollars.
Sec. 6.
RCW 46.20.342 and 1992 c 130 s 1 are each amended to read as follows:
(1) It is unlawful for any person to drive a
motor vehicle in this state while that person is in a suspended or revoked
status or when his or her privilege to drive is suspended or revoked in this or
any other state. Any person who has a valid Washington driver's license is not
guilty of a violation of this section.
(a) A person found to be an habitual offender
under chapter 46.65 RCW, who violates this section while an order of revocation
issued under chapter 46.65 RCW prohibiting such operation is in effect, is
guilty of driving while license suspended or revoked in the first degree, a
gross misdemeanor. Upon the first such conviction, the person shall be
punished by imprisonment for not less than ten days. Upon the second
conviction, the person shall be punished by imprisonment for not less than
ninety days. Upon the third or subsequent conviction, the person shall be
punished by imprisonment for not less than one ((year)) hundred
eighty days. If the person is also convicted of the offense defined in RCW
46.61.502 or 46.61.504, when both convictions arise from the same event, the
minimum sentence of confinement shall be not less than ninety days. The
minimum sentence of confinement required shall not be suspended or deferred. A
conviction under this subsection does not prevent a person from petitioning for
reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an
order of suspension or revocation prohibiting such operation is in effect and
while the person is not eligible to reinstate his or her driver's license or
driving privilege, other than for a suspension for the reasons described in (c)
of this subsection, is guilty of driving while license suspended or revoked in
the second degree, a gross misdemeanor. This subsection applies when a
person's driver's license or driving privilege has been suspended or revoked by
reason of:
(i) A conviction of a felony in the commission
of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from
a court or diversion unit as provided by RCW 46.20.265, relating to a minor who
has committed, or who has entered a diversion unit concerning an offense
relating to alcohol, legend drugs, controlled substances, or imitation
controlled substances;
(iv) A conviction of RCW 46.20.410, relating to
the violation of restrictions of an occupational driver's license;
(v) A conviction of RCW 46.20.420, relating to
the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to
duty in case of injury to or death of a person or damage to an attended
vehicle;
(vii) A conviction of RCW 46.61.024, relating
to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating
to reckless driving;
(ix) A conviction of RCW 46.61.502 or
46.61.504, relating to a person under the influence of intoxicating liquor or
drugs;
(x) A conviction of RCW 46.61.520, relating to
vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to
vehicular assault;
(xii) A conviction of RCW 46.61.530, relating
to racing of vehicles on highways;
(xiii) A conviction of RCW 46.61.685, relating
to leaving children in an unattended vehicle with motor running;
(xiv) A conviction of RCW 46.64.048, relating
to attempting, aiding, abetting, coercing, and committing crimes; or
(xv) An administrative action taken by the
department under chapter 46.20 RCW.
(c) A person who violates this section when his
or her driver's license or driving privilege is, at the time of the violation,
suspended or revoked solely because (i) the person must furnish proof of
satisfactory progress in a required alcoholism or drug treatment program, (ii)
the person must furnish proof of financial responsibility for the future as
provided by chapter 46.29 RCW, (iii) the person has failed to comply with the
provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the
person has failed to respond to a notice of traffic infraction, failed to
appear at a requested hearing, violated a written promise to appear in court,
or has failed to comply with the terms of a notice of traffic infraction or
citation, as provided in section 1 of this act, (v) the person has
committed an offense in another state that, if committed in this state, would
not be grounds for the suspension or revocation of the person's driver's
license, or (((v))) (vi) the person has been suspended or revoked
by reason of one or more of the items listed in (b) of this subsection, but was
eligible to reinstate his or her driver's license or driving privilege at the
time of the violation, or any combination of (i) through (((v))) (vi),
is guilty of driving while license suspended or revoked in the third degree, a
misdemeanor.
(2) Upon receiving a record of conviction of
any person or upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile under this section,
the department shall:
(a) For a conviction of driving while suspended
or revoked in the first degree, as provided by subsection (1)(a) of this
section, extend the period of administrative revocation imposed under chapter
46.65 RCW for an additional period of one year from and after the date the
person would otherwise have been entitled to apply for a new license or have his
or her driving privilege restored; or
(b) For a conviction of driving while suspended
or revoked in the second degree, as provided by subsection (1)(b) of this
section, not issue a new license or restore the driving privilege for an
additional period of one year from and after the date the person would
otherwise have been entitled to apply for a new license or have his or her
driving privilege restored; or
(c) Not extend the period of suspension or
revocation if the conviction was under subsection (1)(c) of this section. If
the conviction was under subsection (1) (a) or (b) of this section and the
court recommends against the extension and the convicted person has obtained a
valid driver's license, the period of suspension or revocation shall not be extended.
Sec. 7.
RCW 46.61.515 and 1985 c 352 s 1 are each amended to read as follows:
(1) Every person who is convicted of a
violation of RCW 46.61.502 or 46.61.504 shall be punished by imprisonment for
not less than twenty-four consecutive hours nor more than one year, and by a
fine of not less than two hundred fifty dollars and not more than one thousand
dollars. Unless the judge finds the person to be indigent, two hundred fifty
dollars of the fine shall not be suspended or deferred. Twenty-four
consecutive hours of the jail sentence shall not be suspended or deferred
unless the judge finds that the imposition of the jail sentence will pose a substantial
risk to the defendant's physical or mental well-being. Whenever the mandatory
jail sentence is suspended or deferred, the judge must state, in writing, the
reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based. The court may impose conditions of probation
that may include nonrepetition, alcohol or drug treatment, supervised
probation, or other conditions that may be appropriate. The convicted person
shall, in addition, be required to complete a course in an alcohol information
school approved by the department of social and health services or more
intensive treatment in a program approved by the department of social and
health services, as determined by the court. A diagnostic evaluation and
treatment recommendation shall be prepared under the direction of the court by an
alcoholism agency approved by the department of social and health services or a
qualified probation department approved by the department of social and health
services. A copy of the report shall be forwarded to the department of
licensing. Based on the diagnostic evaluation, the court shall determine
whether the convicted person shall be required to complete a course in an
alcohol information school approved by the department of social and health
services or more intensive treatment in a program approved by the department of
social and health services. Standards for approval for alcohol treatment
programs shall be prescribed by rule under the administrative procedure act,
chapter 34.05 RCW. The ((courts)) department of social and health
services shall periodically review the costs of alcohol information schools
and treatment programs ((within their jurisdictions)) as part of the
approval process.
(2) On a second or subsequent conviction for
driving or being in physical control of a motor vehicle while under the
influence of intoxicating liquor or drugs within a five-year period a person
shall be punished by imprisonment for not less than seven days nor more than
one year and by a fine of not less than five hundred dollars and not more than
two thousand dollars. District courts and courts organized under chapter 35.20
RCW are authorized to impose such fine. Unless the judge finds the person to
be indigent, five hundred dollars of the fine shall not be suspended or
deferred. The minimum jail sentence shall not be suspended or deferred
unless the judge finds that the imposition of the jail sentence will pose a substantial
risk to the defendant's physical or mental well-being. Whenever the mandatory
jail sentence is suspended or deferred, the judge must state, in writing, the
reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based. If, at the time of the arrest on a
second or subsequent ((conviction)) offense, the driver is
without a license or permit because of a previous suspension or revocation for
a reason listed in RCW 46.20.342(1) (a) or (b), or because of a previous
suspension or revocation for a reason listed in RCW 46.20.342(1)(c) if the
original suspension or revocation was the result of a conviction of RCW
46.61.502 or 46.61.504, the minimum mandatory sentence shall be ninety days
in jail and a ((two)) five hundred dollar fine. The penalty so
imposed shall not be suspended or deferred. The person shall, in addition, be
required to complete a diagnostic evaluation by an alcoholism agency approved
by the department of social and health services or a qualified probation
department approved by the department of social and health services. The
report shall be forwarded to the department of licensing. If the person is
found to have an alcohol or drug problem requiring treatment, the person shall
complete treatment at an approved alcoholism treatment ((facility)) program
or approved drug treatment center.
In addition to any nonsuspendable and
nondeferrable jail sentence required by this subsection, whenever the court
imposes less than one year in jail, the court shall ((sentence a person
to a term of imprisonment not exceeding one hundred eighty days and shall))
also suspend but shall not defer ((the sentence)) a period of
confinement for a period not exceeding two years. The suspension of the
sentence may be conditioned upon nonrepetition, alcohol or drug treatment,
supervised probation, or other conditions that may be appropriate. The
sentence may be imposed in whole or in part upon violation of a condition of
suspension during the suspension period.
(3) The license or permit to drive or any
nonresident privilege of any person convicted of driving or being in physical
control of a motor vehicle while under the influence of intoxicating liquor or
drugs shall:
(a) On the first conviction under either
offense, be suspended by the department until the person reaches age nineteen
or for ninety days, whichever is longer. The department of licensing shall
determine the person's eligibility for licensing based upon the reports
provided by the designated alcoholism agency or probation department and shall
deny reinstatement until enrollment and participation in an approved program
has been established and the person is otherwise qualified;
(b) On a second conviction under either offense
within a five-year period, be revoked by the department for one year. The
department of licensing shall determine the person's eligibility for licensing
based upon the reports provided by the designated alcoholism agency or
probation department and shall deny reinstatement until satisfactory progress
in an approved program has been established and the person is otherwise
qualified;
(c) On a third or subsequent conviction of
driving or being in physical control of a motor vehicle while under the
influence of intoxicating liquor or drugs, vehicular homicide, or vehicular
assault, or any combination thereof within a five-year period, be revoked by
the department for two years.
(4) In any case provided for in this section,
where a driver's license is to be revoked or suspended, the revocation or
suspension shall be stayed and shall not take effect until after the
determination of any appeal from the conviction which may lawfully be taken,
but in case the conviction is sustained on appeal the revocation or suspension
takes effect as of the date that the conviction becomes effective for other
purposes.
Sec. 8.
RCW 46.63.020 and 1992 c 32 s 4 are each amended to read as follows:
Failure to perform any act required or the
performance of any act prohibited by this title or an equivalent administrative
regulation or local law, ordinance, regulation, or resolution relating to
traffic including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as a criminal
offense, except for an offense contained in the following provisions of this
title or a violation of an equivalent administrative regulation or local law,
ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation
of a nonhighway vehicle while under the influence of intoxicating liquor or a
controlled substance;
(2) RCW 46.09.130 relating to operation of
nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation
of a snowmobile while under the influence of intoxicating liquor or narcotics
or habit‑ forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of
snowmobiles;
(5) Chapter 46.12 RCW relating to certificates
of ownership and registration;
(6) RCW 46.16.010 relating to initial
registration of motor vehicles;
(7) RCW 46.16.011 relating to permitting
unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip
permits;
(9) RCW 46.16.381 (6) or (8) relating to
unauthorized use or acquisition of a special placard or license plate for
disabled persons' parking;
(10) RCW 46.20.021 relating to driving without
a valid driver's license;
(11) RCW 46.20.336 relating to the unlawful
possession and use of a driver's license;
(12) RCW 46.20.342 relating to driving with a
suspended or revoked license or status;
(13) RCW 46.20.410 relating to the violation of
restrictions of an occupational driver's license;
(14) RCW 46.20.420 relating to the operation of
a motor vehicle with a suspended or revoked license;
(15) RCW 46.20.750 relating to assisting
another person to start a vehicle equipped with an ignition interlock device;
(16) RCW 46.25.170 relating to commercial
driver's licenses;
(17) Chapter 46.29 RCW relating to financial
responsibility;
(18) RCW 46.30.040 relating to providing false
evidence of financial responsibility;
(19) RCW 46.37.435 relating to wrongful
installation of sunscreening material;
(20) RCW 46.44.180 relating to operation of
mobile home pilot vehicles;
(21) RCW 46.48.175 relating to the
transportation of dangerous articles;
(22) RCW 46.52.010 relating to duty on striking
an unattended car or other property;
(23) RCW 46.52.020 relating to duty in case of
injury to or death of a person or damage to an attended vehicle;
(24) RCW 46.52.090 relating to reports by
repairmen, storagemen, and appraisers;
(25) RCW 46.52.100 relating to driving under
the influence of liquor or drugs;
(26) RCW 46.52.130 relating to confidentiality
of the driving record to be furnished to an insurance company, an employer, and
an alcohol/drug assessment or treatment agency;
(27) RCW 46.55.020 relating to engaging in the
activities of a registered tow truck operator without a registration
certificate;
(28) RCW 46.55.035 relating to prohibited
practices by tow truck operators;
(29) RCW 46.61.015 relating to obedience to
police officers, flagmen, or fire fighters;
(30) RCW 46.61.020 relating to refusal to give
information to or cooperate with an officer;
(31) RCW 46.61.022 relating to failure to stop
and give identification to an officer;
(32) RCW 46.61.024 relating to attempting to
elude pursuing police vehicles;
(33) RCW 46.61.500 relating to reckless
driving;
(34) RCW 46.61.502 and 46.61.504 relating to
persons under the influence of intoxicating liquor or drugs;
(35) RCW 46.61.520 relating to vehicular
homicide by motor vehicle;
(36) RCW 46.61.522 relating to vehicular
assault;
(37) RCW 46.61.525 relating to negligent
driving;
(38) RCW 46.61.530 relating to racing of
vehicles on highways;
(39) RCW 46.61.685 relating to leaving children
in an unattended vehicle with the motor running;
(40) RCW 46.64.010 relating to unlawful
cancellation of or attempt to cancel a traffic citation;
(41) ((RCW 46.64.020 relating to
nonappearance after a written promise;
(42) RCW 46.64.027 relating to failure to
comply;
(43)))
RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and
committing crimes;
(((44))) (42) Chapter 46.65 RCW
relating to habitual traffic offenders;
(((45))) (43) Chapter 46.70 RCW
relating to unfair motor vehicle business practices, except where that chapter
provides for the assessment of monetary penalties of a civil nature;
(((46))) (44) Chapter 46.72 RCW
relating to the transportation of passengers in for hire vehicles;
(((47))) (45) Chapter 46.80 RCW
relating to motor vehicle wreckers;
(((48))) (46) Chapter 46.82 RCW
relating to driver's training schools;
(((49))) (47) RCW 46.87.260
relating to alteration or forgery of a cab card, letter of authority, or other
temporary authority issued under chapter 46.87 RCW;
(((50))) (48) RCW 46.87.290
relating to operation of an unregistered or unlicensed vehicle under chapter
46.87 RCW.
Sec. 9.
RCW 46.63.060 and 1984 c 224 s 2 are each amended to read as follows:
(1) A notice of traffic infraction represents a
determination that an infraction has been committed. The determination will be
final unless contested as provided in this chapter.
(2) The form for the notice of traffic
infraction shall be prescribed by rule of the supreme court and shall include
the following:
(a) A statement that the notice represents a
determination that a traffic infraction has been committed by the person named
in the notice and that the determination shall be final unless contested as
provided in this chapter;
(b) A statement that a traffic infraction is a
noncriminal offense for which imprisonment may not be imposed as a sanction;
that the penalty for a traffic infraction may include sanctions against the
person's driver's license including suspension, revocation, or denial; that the
penalty for a traffic infraction related to standing, stopping, or parking may
include nonrenewal of the vehicle license;
(c) A statement of the specific traffic
infraction for which the notice was issued;
(d) A statement of the monetary penalty
established for the traffic infraction;
(e) A statement of the options provided in this
chapter for responding to the notice and the procedures necessary to exercise
these options;
(f) A statement that at any hearing to contest
the determination the state has the burden of proving, by a preponderance of
the evidence, that the infraction was committed; and that the person may
subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested
for the purpose of explaining mitigating circumstances surrounding the
commission of the infraction the person will be deemed to have committed the
infraction and may not subpoena witnesses;
(h) A statement that the person must respond to
the notice as provided in this chapter within fifteen days or the person's
driver's license or driving privilege will ((not)) be ((renewed))
suspended by the department until any penalties imposed pursuant to this
chapter have been satisfied;
(i) A statement that failure to appear at a
hearing requested for the purpose of contesting the determination or for the
purpose of explaining mitigating circumstances will result in the ((refusal
of the department to renew)) suspension of the person's driver's
license or driving privilege, or in the case of a standing, stopping, or
parking violation, refusal of the department to renew the vehicle
license, until any penalties imposed pursuant to this chapter have been
satisfied;
(j) A statement, which the person shall sign,
that the person promises to respond to the notice of infraction in one of the
ways provided in this chapter((;
(k) A statement that failure to respond to a
notice of infraction as promised is a misdemeanor and may be punished by a fine
or imprisonment in jail)).
Sec. 10.
RCW 46.63.070 and 1984 c 224 s 3 are each amended to read as follows:
(1) Any person who receives a notice of traffic
infraction shall respond to such notice as provided in this section within
fifteen days of the date of the notice.
(2) If the person determined to have committed
the infraction does not contest the determination the person shall respond by completing
the appropriate portion of the notice of infraction and submitting it, either
by mail or in person, to the court specified on the notice. A check or money
order in the amount of the penalty prescribed for the infraction must be
submitted with the response. When a response which does not contest the
determination is received, an appropriate order shall be entered in the court's
records, and a record of the response and order shall be furnished to the
department in accordance with RCW 46.20.270.
(3) If the person determined to have committed
the infraction wishes to contest the determination the person shall respond by
completing the portion of the notice of infraction requesting a hearing and
submitting it, either by mail or in person, to the court specified on the
notice. The court shall notify the person in writing of the time, place, and
date of the hearing, and that date shall not be sooner than seven days from the
date of the notice, except by agreement.
(4) If the person determined to have committed
the infraction does not contest the determination but wishes to explain
mitigating circumstances surrounding the infraction the person shall respond by
completing the portion of the notice of infraction requesting a hearing for
that purpose and submitting it, either by mail or in person, to the court
specified on the notice. The court shall notify the person in writing of the
time, place, and date of the hearing.
(5) (((a))) If any person issued a
notice of traffic infraction:
(((i))) (a) Fails to respond to
the notice of traffic infraction as provided in subsection (2) of this section;
or
(((ii))) (b) Fails to appear at a
hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the
monetary penalty prescribed for the traffic infraction and any other penalty
authorized by this chapter and shall notify the department in accordance with
RCW 46.20.270, of the failure to respond to the notice of infraction or to
appear at a requested hearing.
(((b) The department may not renew the
driver's license, or in the case of a standing, stopping, or parking violation
the vehicle license, of any person for whom the court has entered an order
pursuant to (a) of this subsection until any penalties imposed pursuant to this
chapter have been satisfied. For purposes of driver's license nonrenewal only,
the lessee of a vehicle shall be considered to be the person to whom a notice
of a standing, stopping, or parking violation has been issued for such violations
of the vehicle incurred while the vehicle was leased or rented under a bona
fide commercial lease or rental agreement between a lessor engaged in the
business of leasing vehicles and a lessee who is not the vehicle's registered
owner, if the lease agreement contains a provision prohibiting anyone other
than the lessee from operating the vehicle. Such a lessor shall, upon the
request of the municipality issuing the notice of infraction, supply the
municipality with the name and driver's license number of the person leasing
the vehicle at the time of the infraction.))
Sec. 11.
RCW 46.63.110 and 1986 c 213 s 2 are each amended to read as follows:
(1) A person found to have committed a traffic
infraction shall be assessed a monetary penalty. No penalty may exceed two
hundred and fifty dollars for each offense unless authorized by this chapter or
title.
(2) The supreme court shall prescribe by rule a
schedule of monetary penalties for designated traffic infractions. This rule
shall also specify the conditions under which local courts may exercise
discretion in assessing fines and penalties for traffic infractions. The
legislature respectfully requests the supreme court to adjust this schedule
every two years for inflation.
(3) There shall be a penalty of twenty-five
dollars for failure to respond to a notice of traffic infraction except where
the infraction relates to parking as defined by local law, ordinance,
regulation, or resolution or failure to pay a monetary penalty imposed pursuant
to this chapter. A local legislative body may set a monetary penalty not to
exceed twenty-five dollars for failure to respond to a notice of traffic
infraction relating to parking as defined by local law, ordinance, regulation,
or resolution. The local court, whether a municipal, police, or district
court, shall impose the monetary penalty set by the local legislative body.
(4) Monetary penalties provided for in chapter
46.70 RCW which are civil in nature and penalties which may be assessed for
violations of chapter 46.44 RCW relating to size, weight, and load of motor
vehicles are not subject to the limitation on the amount of monetary penalties
which may be imposed pursuant to this chapter.
(5) Whenever a monetary penalty is imposed by a
court under this chapter it is immediately payable. If the person is unable to
pay at that time the court may, in its discretion, grant an extension of the
period in which the penalty may be paid. If the penalty is not paid on or
before the time established for payment the court shall notify the department
of the failure to pay the penalty, and the department ((may not renew)) shall
suspend the person's driver's license or driving privilege until the
penalty has been paid and the penalty provided in subsection (3) of this
section has been paid.
Sec. 12.
RCW 46.52.120 and 1992 c 32 s 3 are each amended to read as follows:
(1) The director shall keep a case record on
every motor vehicle driver licensed under the laws of this state, together with
information on each driver, showing all the convictions and findings of traffic
infractions certified by the courts, together with an index cross-reference
record of each accident reported relating to such individual with a brief
statement of the cause of the accident. The chief of the Washington state
patrol shall furnish the index cross-reference record to the director, with
reference to each driver involved in the reported accidents.
(2) The records shall be for the confidential
use of the director, the chief of the Washington state patrol, the director of
the Washington traffic safety commission, and for such police officers or other
cognizant public officials as may be designated by law. Such case records
shall not be offered as evidence in any court except in case appeal is taken
from the order of the director, suspending, revoking, canceling, or refusing a
vehicle driver's license ((or to provide proof of a person's failure to
appear under RCW 46.64.020 or failure to comply under RCW 46.64.027)).
(3) The director shall tabulate and analyze
vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle
driver's license to a person when it is deemed from facts contained in the case
record of such person that it is for the best interest of public safety that
such person be denied the privilege of operating a motor vehicle. Whenever the
director orders the vehicle driver's license of any such person suspended,
revoked, or canceled, or refuses the issuance of a vehicle driver's license,
such suspension, revocation, cancellation, or refusal is final and effective
unless appeal from the decision of the director is taken as provided by law.
NEW SECTION. Sec. 13.
The following acts or parts of acts are each repealed:
(1) RCW
46.64.020 and 1992 c 32 s 1, 1990 c 250 s 61, 1990 c 210 s 1, 1988 c 38 s 1,
1987 c 345 s 1, 1986 c 213 s 1, 1980 c 128 s 8, & 1961 c 12 s 46.64.020;
and
(2) RCW
46.64.027 and 1992 c 32 s 2.
