H-784                _______________________________________________

                                                    HOUSE BILL NO. 227

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

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 1/25/85 and referred to Committee on Financial Institutions & Insurance.

AN ACT Relating to mandatory motor vehicle liability insurance; amending RCW 46.52.030, 46.61.020, 46.61.021, 46.63.020, and 48.22.030; 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.

          In addition to the one-year suspension of driving privileges, such person shall not be permitted to license a motor vehicle in this state for one year following the second conviction, and any motor vehicle license held by such person at the time of the second conviction shall be suspended for one year.

NEW SECTION. Sec. 4.     (1) No motor vehicle license may be issued or renewed unless the license applicant presents to the department of licensing evidence of insurance, self-insurance, certificate of deposit, or bonding as provided in section 2 of this act.

          Such evidence shall be presented in a form and manner designated by the department of licensing and shall include at least:  (a) The name of the insurer, self-insurer, deposit holder, or surety company; (b) the effective dates of such liability coverage; (c) the identification number of the covered vehicle; and, as appropriate, (d) the number identifying the insurance policy, self-insurance certificate, certificate of deposit, or bond.

          (2) Any applicant for a motor vehicle license who knowingly makes a materially false statement regarding the evidence required under subsection (1) of this section is guilty of a gross misdemeanor as defined in chapter 9A.20 RCW.  Upon conviction, such applicant shall not be permitted to license a motor vehicle in this state for one year following conviction, and any motor vehicle license held by such person at the time of conviction shall be suspended for one year following conviction.

NEW SECTION. Sec. 5.     (1) Whenever an insurance company issues or renews a motor vehicle liability policy, the company shall provide the policyholder with an insurance identification card which shall indicate at least the company's name, the identification number of each vehicle insured under the policy, and the effective dates of the policy.  Such card shall be provided for each vehicle insured under the policy.

          (2) The department of licensing shall adopt rules specifying the form and content of insurance identification cards, which must be provided by self-insurers, deposit holders, and surety companies to persons who comply with section 2 of this act through self-insurance, deposit of money or securities, or bonding.  Such card shall, at a minimum, identify the person insured against liability, the vehicle covered, and the effective dates of the coverage.

NEW SECTION. Sec. 6.     Whenever any person operates a motor vehicle, the person shall have an insurance identification card issued or provided in accordance with section 5 of this act in the vehicle and shall display the card upon demand to any law enforcement officer.  A violation of this section constitutes a traffic infraction.

        Sec. 7.  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 information required under section 5 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. 8.  Section 46.56.190, chapter 12, Laws of 1961 as amended by section 65, chapter 32, Laws of 1967 and RCW 46.61.020 are each amended to read as follows:

          It ((shall be)) is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it ((shall)) is likewise ((be)) unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his certificate of license registration of such vehicle, his insurance identification card, or his vehicle driver's license or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his vehicle driver's license when requested by any court.  Any police officer shall on request produce evidence of his authorization as such.

        Sec. 9.  Section 4, chapter 136, Laws of 1979 ex. sess. and RCW 46.61.021 are each amended to read as follows:

          (1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.

          (2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction.

          (3) Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of infraction.

        Sec. 10.  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 6 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.

        Sec. 11.  Section 27, chapter 150, Laws of 1967 as last amended by section 1, chapter 182, Laws of 1983 and RCW 48.22.030 are each amended to read as follows:

          (1) "Underinsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or property damage liability bond or insurance policy applies at the time of an accident, or with respect to which the sum of the limits of liability under all bodily injury or property damage liability bonds and insurance policies applicable to a covered person after an accident is less than the applicable damages which the covered person is legally entitled to recover.

          (2) No ((new)) policy ((or renewal of an existing policy insuring)) that insures against loss ((resulting)) from liability imposed by law for ((bodily injury, death, or property damage, suffered by any person)) damages arising out of the ownership, maintenance, or use of a motor vehicle ((shall)) may be issued or renewed with respect to any motor vehicle registered or principally garaged in this state unless ((coverage is provided therein or supplemental thereto)) the policy provides coverage  for the protection of persons insured ((thereunder)) under the policy who are legally entitled to recover damages from owners or operators of underinsured motor vehicles, hit-and-run motor vehicles, and phantom vehicles because of bodily injury, death, or property damage, ((resulting therefrom)) arising out of the ownership, maintenance, or use of vehicles, except while such persons insured under the policy are operating or occupying a motorcycle or motor-driven cycle((, and except while operating or occupying)) or a motor vehicle that is owned or available for the regular use by the named insured or any family member((,)) and ((which)) is not insured under the liability coverage of the policy.

          (3) Coverage required under subsection (2) of this section for bodily injury or death shall be in the same amount as the insured's third party liability coverage ((unless the insured rejects all or part of the coverage as provided in subsection (4) of this section.  Coverage for property damage need only be issued in conjunction  with coverage for bodily injury or death.  Property damage)).  Coverage required under subsection (2) of this section for property damage shall ((mean)) be limited to physical damage ((to)) of the insured motor vehicle unless the policy specifically provides coverage for the contents thereof or other forms of property damage.

          (4) The named insured may reject, in writing, ((underinsured coverage for bodily injury or death, or)) the property damage((, and the requirements of)) coverage required under subsections (2) and (3) of this section ((shall not apply)).  If the named insured has rejected ((underinsured)) such coverage, ((such)) the coverage shall not be included in any supplemental or renewal policy unless the named insured subsequently requests ((such)) the coverage in writing.  The requirement of a written rejection under this subsection shall apply only to the original issuance of policies issued after July 24, 1983, and not to any renewal or replacement policy.

          (5) The limit of liability under the policy coverage may be defined as the maximum limits of liability for all damages resulting from any one accident regardless of the number of covered persons, claims made, or vehicles or premiums shown on the policy, or premiums paid, or vehicles involved in an accident.

          (6) The policy may provide that if an injured person has other similar insurance available to him under other policies, the total limits of liability of all coverages shall not exceed the higher of the applicable limits of the respective coverages.

          (7) (a) The policy may provide for a deductible of not more than three hundred dollars for payment for property damage when the damage is caused by a hit-and-run driver or a phantom vehicle.

          (b) In all other cases of underinsured property damage coverage, the policy may provide for a deductible of not more than one hundred dollars.

          (8) For the purposes of this chapter, a "phantom vehicle" shall mean a motor vehicle which causes bodily injury, death, or property damage to an insured and has no physical contact with the insured or the vehicle which the insured is occupying at the time of the accident if:

          (a) The facts of the accident can  be corroborated by competent evidence other than the testimony of the insured or any person having an underinsured motorist claim resulting from the accident; and

          (b) The accident has been reported to the appropriate law enforcement agency within seventy-two hours of the accident.

NEW SECTION. Sec. 12.    Sections 1 through 6 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 13.    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. 14.    This act takes effect on January 1, 1986.