H-2211              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1107

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State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Long, Armstrong, Walk, Betrozoff, Brough, Tilly, Holland, Tanner, Silver, Schmidt, Wineberry, Taylor, Patrick, Cole, Walker, Sanders and May)

Read first time 3/8/85 and passed to Committee on Rules.

AN ACT Relating to prerequisites for the issuance of vehicle licenses; amending RCW 46.12.020; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 46.12.020, chapter 12, Laws of 1961 as last amended by section 7, chapter 25, Laws of 1975 andRCW 46.12.020 are each amended to read as follows:

(1) No vehicle license number plates or certificate of license registration, whether original issues or duplicates, ((shall)) may be issued or furnished by the department unless the applicant ((therefor shall)), at the same time, makes satisfactory application for a certificate of ownership or ((shall)) presents satisfactory evidence that such a certificate of ownership covering ((such)) the vehicle has been previously issued.

(2) Except as otherwise provided in this section, no vehicle license number plates or certificate of license registration, whether original issues or duplicates, and no renewed vehicle license may be issued by the department unless the applicant possesses a valid driver's license.  In the case of joint application by more than one person, each applicant shall possess a valid driver's license.

(3) Subsection (2) of this section applies only to applicants who are individual persons and does not apply to corporations.

(4) Subsection (2) of this section does not apply to any applicant with respect to whom the department determines that:

(a) The applicant's driver's license is not currently suspended or revoked and the applicant is not in suspended or revoked status;

(b) The applicant has not been convicted of a violation of RCW 46.20.021, 46.20.342, 46.20.416, 46.20.420, or 46.65.090; and

(c) Circumstances not related to any violation of Title 46 RCW account for the applicant's current lack of a driver's license and the applicant's need to register a vehicle.  The applicant shall by affidavit indicate:

(i) The reason for the applicant's lack of a driver's license;

(ii) The need the applicant has for registering a vehicle; and

(iii) That the applicant will not knowingly allow a person without a driver's license to drive any vehicle registered in the applicant's name.

(5) It is unlawful for any person in whose name a vehicle is registered knowingly to allow another person to drive the vehicle knowing that the other person is not authorized to do so under the laws of this state.

(6) A violation of subsection (5) of this section, or a knowingly made material misstatement on an affidavit under subsection (4)(c) of this section is a misdemeanor.

(7) No denial under this section of issuance or of renewal of plates or certificates affects the right of any person to maintain, transfer, or acquire title in any vehicle.  Unless the parties to the contract agree otherwise, no such denial affects the rights or obligations of any party to a contract for the purchase, or for the financing of the purchase, of a motor vehicle.

NEW SECTION. Sec. 2.     This act shall take effect on July 1, 1986.