AN ACT Relating to driver's licenses; amending RCW 46.20.011, 46.20.102, and 46.20.161; adding new sections to chapter 46.20 RCW; creating a new section; repealing RCW 46.20.104; prescribing penalties; declaring an emergency; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature recognizes that the first four years for a newly licensed driver, regardless of age, are critical in terms of acquiring the proper attitudes and skills necessary to be a safe and responsible motor vehicle operator. The socio-economic costs attributed to this new group of drivers in terms of accidents, injuries, fatalities, and the loss of human resources exceeds eighty million dollars annually in Washington state. It is the intent of the legislature to reduce these costs.

Sec. 2. Section 8, chapter 167, Laws of 1967 as amended by section 42, chapter 292, Laws of 1971 ex. sess. and RCW 46.20.011 are each amended to read as follows:

For the purpose of chapter 46.20 RCW the term "((~~adult~~)) regular driver's license" ((~~shall~~)) means the driver's license which shall be issued only to persons ((~~eighteen years of age or older; and "minor~~)) who can certify under penalty of perjury to the department that they have held a valid driver's license for at least four consecutive years in Washington or in any other state or country, or who have completed a provisional licensing period of four years, the first six months of which shall be probationary in accordance with the restrictions of section 4 of this act. A provisional driver's license((~~" shall~~)) does not mean ((~~the driver's license which shall be issued only to persons sixteen years of age or older and under eighteen years of age but shall not mean~~)) a juvenile agricultural driving permit as provided for in RCW 46.20.070. "Driver's license" ((~~shall~~)) includes ((~~an "adult~~)) a "regular driver's license" and a "((~~minor's~~)) provisional driver's license((".))."

Sec. 3. Section 46.20.102, chapter 12, Laws of 1961 as last amended by section 5, chapter 61, Laws of 1979 and RCW 46.20.102 are each amended to read as follows:

The ((~~minor~~)) provisional driver's license ((~~and adult driver's license as provided for in this chapter~~)) shall ((~~each~~)) have the words "provisional license" distinctively printed on the license and be distinguishable in color or design from the regular driver's license.

NEW SECTION. Sec. 4. A new section is added to chapter 46.20 RCW to read as follows:

(1) Regardless of age, an applicant for a Washington driver's license who cannot certify to the department that he or she has held a valid driver's license for at least four consecutive years in Washington or in any other state or country, or has not completed a provisional licensing period of four years, the first six months of which shall be a probationary period, is eligible only for a provisional driver's license. Such license shall be distinctive in its appearance and easily identified as a provisional driver's license. Any special terms, conditions, or restrictions regarding the use of the license shall be stated or coded on its face or on an attachment that shall accompany the license at all times. The fee for a provisional license shall be the same as for a regular driver's license.

(2) A provisional license shall be issued to sixteen and seventeen year old applicants only if they have successfully completed an approved course in traffic safety education, have the written signature of the applicant's parent or legal guardian on the application, and otherwise meet the requirements of this chapter.

(3) A provisional license shall be deemed a probationary license for the first six months after its issuance. During that time the licensee has the responsibility of maintaining a driving record free of findings that a traffic infraction has been committed or convictions of or bail forfeitures for criminal traffic offenses. The probationary period also applies to those individuals from outside this state or the United States who take up Washington residency and apply for a Washington driver's license but have held an out-of-state license for less than six months. In applying for the provisional license the applicant accepts all conditions and limitations of the provisional and probationary license.

(4) A probationary license is valid only during the hours from 5:00 a.m. until 11:00 p.m. Operation of a motor vehicle upon the public highways outside those hours by a probationary license holder is a traffic infraction, except as provided by section 8 of this act.

(5) The department shall extend the probationary status of the provisional license for an additional six months, up to a maximum of four years, each time that the holder has been found to have committed a traffic infraction or has been convicted of, or forfeited bail for, a criminal traffic offense.

(6) The department shall suspend the driving privileges of a person who is found to have committed a third traffic infraction enumerated in chapter 46.61 RCW or is convicted of, or forfeits bail for, any criminal traffic offense enumerated in RCW 46.63.020, during the person's probational driving period for not less than thirty days, or in the case of a criminal traffic offense, for the period otherwise prescribed by law. Before reapplying for a probational driver's license, the applicant must show proof of having satisfactorily completed a state-certified driver improvement course. The six-month probationary driving period shall begin again on the reinstatement date.

NEW SECTION. Sec. 5. A new section is added to chapter 46.20 RCW to read as follows:

(1) The holder of a probationary driver's license who has not been found to have committed any traffic infractions or been convicted of or forfeited bail for any criminal traffic offenses as defined in chapter 46.61 or 46.63 RCW during the six-month probationary period automatically achieves provisional licensing status.

(2) A provisional license is valid for a period of three and one-half years after successful completion of the probationary status. No restrictions will be placed upon a driver having no criminal traffic offenses or traffic infractions during the provisional licensing period.

NEW SECTION. Sec. 6. A new section is added to chapter 46.20 RCW to read as follows:

The department shall suspend or revoke, as appropriate, until age nineteen, or for a period normally imposed by law under the regular driver's licensing standards, whichever time is greater, the probationary or provisional license of any driver (1) who has been convicted of or forfeited bail for any criminal traffic offense enumerated in RCW 46.63.020; (2) violating an occupational license restriction; (3) operating a motor vehicle with a suspended or revoked license; or (4) who is found to have violated any license restriction imposed under this section or section 4 or 8 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 46.20 RCW to read as follows:

The department shall carry forward the probationary and provisional licensee's driving record under sections 4 through 6 of this act to the licensee's regular driving record.

NEW SECTION. Sec. 8. A new section is added to chapter 46.20 RCW to read as follows:

(1) The department may exempt a person issued a probationary license from the restrictions of section 4 of this act if the driver can sufficiently document in writing under penalty of perjury one of the following conditions:

(a) The driver is the sole provider of primary support to a household; or

(b) The driver is a member of the armed forces of the United States under the direct authority of the Uniform Code of Military Justice and is required to possess a license authorizing operation of a tactical military vehicle during restricted hours.

(2) The burden of proof shall rest on the person exempted under this section to verify to any law enforcement officer that he or she is qualified for the exemption.

NEW SECTION. Sec. 9. A new section is added to chapter 46.20 RCW to read as follows:

Sections 4 through 8 of this act do not preclude the existing driver improvement provisions of chapter 46.20 RCW.

Sec. 10. Section 11, chapter 121, Laws of 1965 ex. sess. as last amended by section 1, chapter 245, Laws of 1981 and RCW 46.20.161 are each amended to read as follows:

The department, upon receipt of a fee ((~~of fourteen dollars~~)) established by rule of the department for a regular driver's license or a provisional driver's license, which includes the fee for the required photograph, shall issue to every applicant qualifying therefor ((a)) the appropriate driver's license, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license ((~~shall be~~)) is valid until it has been so signed by the licensee.

NEW SECTION. Sec. 11. Section 46.20.104, chapter 12, Laws of 1961, section 13, chapter 121, Laws of 1965 ex. sess., section 3, chapter 167, Laws of 1967, section 44, chapter 292, Laws of 1971 ex. sess. and RCW 46.20.104 are each repealed.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1986.