AN
ACT Relating to traffic safety; amending RCW 43.59.150, 46.52.070, and
46.20.305; adding a new section to chapter 46.16 RCW; adding a new section to
chapter 46.32 RCW; adding a new section to chapter 81.04 RCW; and prescribing
penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.59.150 and 1998 c 165 s 3 are each amended to read as follows:
(1)
The Washington state traffic safety commission shall establish a program for
improving bicycle and pedestrian safety, and shall cooperate with the
stakeholders and independent representatives to form an advisory committee to
develop programs and create public private partnerships which promote bicycle
and pedestrian safety. The traffic safety commission shall periodically
report and make recommendations to the legislative transportation committee ((and
the fiscal committees of the house of representatives and the senate by
December 1, 1998, regarding the conclusions of the advisory)) on the
progress of the bicycle and pedestrian safety committee.
(2)
The bicycle and pedestrian safety account is created in the state treasury to
support bicycle and pedestrian education or safety programs. ((To the
extent that private contributions are received by the traffic safety commission
for the purposes of bicycle and pedestrian safety programs established under
this section, the appropriations from the highway safety account for this
purpose shall lapse.))
Sec.
2. RCW
46.52.070 and 1998 c 165 s 8 are each amended to read as follows:
(1)
Any police officer of the state of Washington or of any county, city, town or
other political subdivision, present at the scene of any accident or in
possession of any facts concerning any accident whether by way of official
investigation or otherwise shall make report thereof in the same manner as
required of the parties to such accident and as fully as the facts in his
possession concerning such accident will permit.
(2)
The police officer shall report to the department, on a form prescribed by the
director: (a) When ((an accident)) a collision has occurred that
results in a fatality ((or serious injury)); and (b) the identity
of the operator of a vehicle involved in the ((accident)) collision
when the officer has reasonable grounds to believe the operator ((who))
caused the ((fatality or serious injury may not be competent to operate a
motor vehicle; and (c) the reason or reasons for such belief)) collision.
(3)
The police officer shall report to the department, on a form prescribed by the
director: (a) When a collision has occurred that results in a serious injury;
(b) the identity of the operator of a vehicle involved in the collision when
the officer has reasonable grounds to believe the operator who caused the
serious injury may not be competent to operate a motor vehicle; and (c) the
reason or reasons for the officer's belief.
Sec.
3. RCW
46.20.305 and 1998 c 165 s 13 are each amended to read as follows:
(1)
The department, having good cause to believe that a licensed driver is
incompetent or otherwise not qualified to be licensed may upon notice require
him or her to submit to an examination.
(2)
The department shall require a driver reported under RCW 46.52.070 (2)((,
when a fatality occurred,)) and (3) to submit to an examination.
The examination must be completed no later than one hundred twenty days after
the accident report required under RCW 46.52.070(2) is received by the
department unless the department, at the request of the operator, extends the
time for examination.
(3)
((The department may require a driver reported under RCW 46.52.070(2) to
submit to an examination, or suspend the person's license subject to RCW
46.20.322, when a serious injury occurred. The examination must be completed
no later than one hundred twenty days after the accident report required under
RCW 46.52.070(2) is received by the department.
(4))) The
department may in addition to an examination under this section require such
person to obtain a certificate showing his or her condition signed by a
licensed physician or other proper authority designated by the department.
(((5)))
(4) Upon the conclusion of an examination under this section the
department shall take driver improvement action as may be appropriate and may
suspend or revoke the license of such person or permit him or her to retain
such license, or may issue a license subject to restrictions as permitted under
RCW 46.20.041. The department may suspend or revoke the license of such person
who refuses or neglects to submit to such examination.
(((6)))
(5) The department may require payment of a fee by a person subject to
examination under this section. The department shall set the fee in an amount
that is sufficient to cover the additional cost of administering examinations
required by this section.
NEW
SECTION. Sec. 4. A
new section is added to chapter 46.16 RCW to read as follows:
When
applicable, the certificate of registration must include a statement that the
owner or entity operating a commercial vehicle must be in compliance with the
requirements of the United States department of transportation federal motor
carrier safety regulations contained in Title 49 C.F.R. Part 382, controlled
substances and alcohol use and testing.
NEW
SECTION. Sec. 5. A
new section is added to chapter 46.32 RCW to read as follows:
A
person or employer operating as a motor carrier shall comply with the
requirements of the United States department of transportation federal motor
carrier safety regulations as contained in Title 49 C.F.R. Part 382, controlled
substances and alcohol use and testing. A person or employer who begins or
conducts commercial motor vehicle operations without having a controlled
substance and alcohol testing program that is in compliance with the
requirements of Title 49 C.F.R. Part 382 is subject to a penalty, under the
process set forth in RCW 46.32.100, of up to one thousand five hundred dollars
and up to an additional five hundred dollars for each motor vehicle driver
employed by the person or employer who is not in compliance with the motor
vehicle driver testing requirements. A person or employer having actual
knowledge that a driver has tested positive for controlled substances or
alcohol who allows a positively tested person to continue to perform a
safety-sensitive function is subject to a penalty, under the process set forth
in RCW 46.32.100, of one thousand five hundred dollars.
NEW
SECTION. Sec. 6. A
new section is added to chapter 81.04 RCW to read as follows:
A person or employer operating as a motor carrier shall comply with
the requirements of the United States department of transportation federal
motor carrier safety regulations as contained in Title 49 C.F.R. Part 382,
controlled substances and alcohol use and testing. A person or employer who
begins or conducts commercial motor vehicle operations without having a
controlled substance and alcohol testing program that is in compliance with the
requirements of Title 49 C.F.R. Part 382 is subject to a penalty, under the
process set forth in RCW 81.04.405, of up to one thousand five hundred dollars
and up to an additional five hundred dollars for each motor vehicle driver
employed by the person or employer who is not in compliance with the motor
vehicle driver testing requirements. A person or employer having actual
knowledge that a driver has tested positive for controlled substances or
alcohol who allows a positively tested person to continue to perform a
safety-sensitive function is subject to a penalty, under the process set forth
in RCW 81.04.405, of one thousand five hundred dollars.
