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SENATE BILL NO. 4537
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AS AMENDED BY THE HOUSE
C 213 L 86
State of Washington 49th Legislature 1986 Regular Session
By Senators Bauer, Peterson, Patterson, Bender and Vognild
Read first time 1/15/86 and referred to Committee on Transportation.
AN ACT Relating to driving with an expired license; and amending RCW 46.64.020 and 46.63.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 46.64.020, chapter 12, Laws of 1961 as amended by section 8, chapter 128, Laws of 1980 and RCW 46.64.020 are each amended to read as follows:
Any person
wilfully violating his written and signed promise to appear in court or his
written and signed promise to respond to a notice of traffic infraction, as
provided in this title, ((shall be)) is guilty of a misdemeanor
regardless of the disposition of the charge upon which he was originally
arrested or the disposition of the notice of infraction: PROVIDED, That a
written promise to appear in court or a written promise to respond to a notice
of traffic infraction may be complied with by an appearance by counsel:
PROVIDED FURTHER, That a person charged under RCW 46.20.021 with driving with
an expired driver's license may respond by mailing to the court within fifteen
days of the violation, a copy of the person's currently valid driver's license.
Any person who has been issued a notice of infraction pursuant to RCW
46.63.030(3) and who wilfully fails to respond as provided in this title ((shall
be)) is guilty of a misdemeanor regardless of the disposition of the
notice of infraction.
Sec. 2. Section 330, chapter 258, Laws of 1984 and RCW 46.63.110 are each amended to read as follows:
(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.
(2) The
supreme court ((may)) shall prescribe by rule a schedule of
monetary penalties for designated traffic infractions. This rule shall also
specify the conditions under which local courts may exercise discretion in
assessing fines and penalties for traffic infractions. The legislature
respectfully requests the supreme court to adjust this schedule every two years
for inflation.
(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department may not renew the person's driver's license until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.