AN ACT Relating to motor vehicles; adding a new chapter to Title 46 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. Every driver and registered owner of a motor vehicle shall, at all times, maintain in force one of the forms of financial responsibility specified in section 2 of this act.

NEW SECTION. Sec. 2. Financial responsibility of the driver or owner is established if the driver or owner of the vehicle is:

(1) The insured under a motor vehicle liability policy as provided in RCW 46.29.490;

(2) The obligee under a bond as provided in RCW 46.29.520;

(3) The holder of a certificate of deposit as provided in RCW 46.29.550;

(4) The holder of a certificate of self-insurance as provided in RCW 46.29.630; or

(5) The United States of America, this state, and county, municipality, or subdivision thereof, or the lawful agent thereof.

NEW SECTION. Sec. 3. Any liability insurer issuing or renewing a motor vehicle liability policy as provided in RCW 46.29.490 shall provide written notice to the named insured of the policy identification number that may be used for verifying financial responsibility for purposes of section 4 of this act. This notice may be provided in a written binder, if any, or in the policy documents provided upon issuance or renewal of the policy.

NEW SECTION. Sec. 4. (1) Every person who drives a motor vehicle required to be registered in this state upon a highway shall, when requested by a law enforcement officer provide evidence of financial responsibility for the vehicle.

Except as otherwise provided in this subsection and subsection (4) of this section, any person who violates this subsection has committed an infraction and shall be punished for each offense by a monetary penalty of one hundred dollars. Each defendant shall be assessed a monetary penalty in the amount specified in this section, upon conviction, unless the court determines that in the interest of justice the fine should be reduced. Any reduction of the fine shall be in the same proportion and the court shall state the reasons for reducing the fine on the record.

In lieu of the fine otherwise assessable under this subsection, the court may permit the defendant to perform community service designated by the court.

(2) For purposes of this section, "evidence of financial responsibility" means either of the following:

(a) The name of the insurance or surety company which issued the motor vehicle liability policy as provided in RCW 46.29.490, or bond as provided in RCW 46.29.520, in effect for the vehicle, and the number of the insurance policy or surety bond;

(b) If the owner is a self-insurer as provided in RCW 46.29.630 or a depositor as provided in RCW 46.29.550, the certificate or deposit number issued by the department.

(3) If the driver fails to provide evidence of financial responsibility the law enforcement officer may issue the driver a notice of infraction for violation of subsection (1) of this section. The notice of infraction for violation of subsection (1) of this section shall be written on the same citation form as the original violation.

(4) A person cited in a notice to appear for violation of subsection (1) of this section may personally appear before the clerk of the court, as designated in the notice of infraction, and provide written evidence of financial responsibility that is acceptable to the clerk of the court showing that the driver was in compliance with section 1 of this act at the time the notice to appear for violating subsection (1) of this section was issued. In lieu of a personal appearance, the person may submit written evidence of financial responsibility by mail to the court. Upon receipt by the clerk of written evidence of financial responsibility that is acceptable to the court, further proceedings on the notice to appear for the violation of subsection (1) of this section shall be dismissed.

NEW SECTION. Sec. 5. Any person who provides false evidence of financial responsibility (1) when requested by a law enforcement officer pursuant to section 4(3) of this act or (2) to the clerk of the court as permitted by section 4(4) of this act, including an expired or canceled insurance policy, bond, or certificate or deposit number, is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding thirty days, or by both that fine and imprisonment. The department shall additionally suspend the driver's license of any person convicted of a violation of this subsection for a period of one year commencing upon the date of the conviction, in accordance with RCW 46.20.315 and 46.20.320. Driver's licenses surrendered to the court pursuant to this section shall be transmitted by the court, together with the required report of the conviction to the department within ten days of the conviction. Upon conclusion of the period of suspension, the department shall not return the driver's license until the licensee establishes proof of financial responsibility as provided in chapter 46.29 RCW.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 46 RCW.