H-2147              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 227

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Lux, Ballard, Jacobsen, Winsley, Leonard, Baugher, Unsoeld, Patrick, Chandler, Rayburn, Braddock, Brough, Lewis, Miller, Van Luven, May, Taylor, D. Nelson and Schoon)

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

AN ACT Relating to mandatory motor vehicle liability insurance; amending RCW 46.52.030 and 46.63.020; creating a new chapter in Title 46 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1.     This chapter applies to the operation of motor vehicles that must be licensed in accordance with chapter 46.16 RCW except off-road vehicles, as defined in RCW 46.09.020, while used exclusively in an off-road capacity.

NEW SECTION. Sec. 2.     (1) No person may operate a motor vehicle in this state unless the person is insured under a motor vehicle liability policy as defined in RCW 46.29.490, is self-insured under RCW 46.29.630, or is covered by a certificate of deposit in compliance with RCW 46.29.550 or by a bond in compliance with RCW 46.29.520.

          (2) Any person who operates a motor vehicle in violation of this section is guilty of a misdemeanor as defined in chapter 9A.20 RCW, and is guilty of a gross misdemeanor as defined in chapter 9A.20 RCW if convicted a second or subsequent time within five years of the first conviction.

NEW SECTION. Sec. 3.     (1) The department of licensing shall suspend the driving privileges of any person convicted of a violation of section 2 of this act.  Such privileges shall not be reinstated until the person has complied with the provisions of chapter 46.29 RCW requiring proof of financial responsibility for the future.

          (2) If a person is convicted of a violation of section 2 of this act for a second time within five years of the first conviction, the department of licensing shall suspend such person's driving privileges for one year.  After one year, such privileges shall not be reinstated until the person has complied with the provision of chapter 46.29 RCW requiring proof of financial responsibility for the future.

NEW SECTION. Sec. 4.     (1) No motor vehicle license may be issued or renewed unless the license applicant has insurance, self-insurance, a certificate of deposit, or a bond as provided in section 2 of this act.

          (2) The license applicant may provide proof of compliance with the provisions of subsection (1) of this section by signing a statement under penalty of perjury as provided for in RCW 9A.72.085.  Any person who knowingly makes a materially false statement under this subsection is guilty of a gross misdemeanor as defined in chapter 9A.20 RCW.

        Sec. 5.  Section 2, chapter 11, Laws of 1979 as last amended by section 1, chapter 30, Laws of 1981 and RCW 46.52.030 are each amended to read as follows:

          (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extent of three hundred dollars or more, shall, within twenty-four hours after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns.

          (2) If such accident was not investigated by a law enforcement officer, the original of such report shall be immediately forwarded by the authority receiving such report to the chief of the Washington state patrol at Olympia, Washington, and the second copy of such report to be forwarded to the department of licensing at Olympia, Washington.

          (3) If such accident was investigated by a law enforcement officer, the original of each driver's report required by subsection (1) of this section shall be retained by the local law enforcement agency where the accident occurred, and the second copy shall be forwarded to the department of licensing at Olympia, Washington.

          (4) Any law enforcement officer who investigates an accident for which a driver's report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 46.52.070.

          (5) The chief of the Washington state patrol may require any driver of any vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report in his opinion is insufficient, and may likewise require witnesses of any such accident to render reports.  For this purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department, coroner, sheriff, and any other suitable agency or individual, sample forms of accident reports required hereunder, which reports shall be upon a form devised by the chief of the Washington state patrol and shall call for sufficiently detailed information to disclose all material facts with reference to the accident to be reported thereon, including the location, the cause, the conditions then existing, ((and)) the persons and vehicles involved, the insurance required under section 2 of this act, personal injury or death, if any, the amounts of property damage claimed, the total number of vehicles involved, whether the vehicles were legally parked, legally standing, or moving, and whether such vehicles were occupied at the time of the accident.  Every required accident report shall be made on a form prescribed by the chief of the Washington state patrol and each authority charged with the duty of receiving such reports shall provide sufficient report forms in compliance with the form devised.  The report forms shall be designated so as to provide that a copy may be retained by the reporting person.

        Sec. 6.  Section 12, chapter 10, Laws of 1982 as amended by section 6, chapter 164, Laws of 1983 and RCW 46.63.020 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 46.16.160 relating to vehicle trip permits;

          (7) RCW 46.20.021 relating to driving without a valid driver's license;

          (8) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

          (9) RCW 46.20.342 relating to driving with a suspended or revoked license;

          (10) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

          (11) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

          (12) Chapter 46.29 RCW relating to financial responsibility;

          (13) Chapter 46.--- RCW (sections 1 through 4 of this act);

(14) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

          (((14))) (15) RCW 46.48.175 relating to the transportation of dangerous articles;

          (((15))) (16) RCW 46.52.010 relating to duty on striking an unattended car or other property;

          (((16))) (17) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (((17))) (18) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

          (((18))) (19) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

          (((19))) (20) RCW 46.52.108 relating to disposal of abandoned vehicles or hulks;

          (((20))) (21) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company and an employer;

          (((21))) (22) RCW 46.52.210 relating to abandoned vehicles or hulks;

          (((22))) (23) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

          (((23))) (24) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

          (((24))) (25) RCW 46.61.022 relating to failure to stop and give identification to an officer;

          (((25))) (26) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

          (((26))) (27) RCW 46.61.500 relating to reckless driving;

          (((27))) (28) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

          (((28))) (29) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

          (((29))) (30) RCW 46.61.522 relating to vehicular assault;

          (((30))) (31) RCW 46.61.525 relating to negligent driving;

          (((31))) (32) RCW 46.61.530 relating to racing of vehicles on highways;

          (((32))) (33) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

          (((33))) (34) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

          (((34))) (35) RCW 46.64.020 relating to nonappearance after a written promise;

          (((35))) (36) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

          (((36))) (37) Chapter 46.65 RCW relating to habitual traffic offenders;

          (((37))) (38) 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;

          (((38))) (39) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

          (((39))) (40) Chapter 46.80 RCW relating to motor vehicle wreckers;

          (((40))) (41) Chapter 46.82 RCW relating to driver's training schools.

NEW SECTION. Sec. 7.     Sections 1 through 4 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 8.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9.     This act takes effect on January 1, 1987.