S-3310               _______________________________________________

 

                                                   SENATE BILL NO. 4687

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senators Guess, Peterson, Hansen, Granlund, Vognild and Bender

 

 

Read first time 1/20/86 and referred to Committee on Transportation.

 

 


AN ACT Relating to motor vehicle equipment; amending RCW 46.37.005 and 46.37.010; reenacting and amending RCW 46.63.020; adding new sections to chapter 46.37 RCW; and prescribing penalties.

 

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

 

        Sec. 1.  Section 46.37.005, chapter 12, Laws of 1961 as last amended by section 1, chapter 165, Laws of 1985 and RCW 46.37.005 are each amended to read as follows:

          There is constituted a state commission on equipment which shall consist of the director of the department of licensing, the chief of the Washington state patrol, and the secretary of transportation.  Each official may designate an administrative staff person to serve as the official's designee on the commission.  For purposes of continuity this designee shall, where possible, be one individual.  The chief of the Washington state patrol or his designee shall act as the chairman of the state commission on equipment.  He shall appoint either the director of licensing or the secretary of transportation or their respective designees to serve as vice-chairman in his absence.  The chairman or the designated vice-chairman must be present at each meeting of the commission.  The chief shall appoint a person under his supervision to act as secretary of the state commission on equipment who shall be responsible for the issuance of rules ((and regulations)) adopted by the commission, for the issuance of certificates of approval for vehicle equipment requiring approval and letters of appointment to tow operators, and for the administration of such other business of the commission on equipment as the commission shall specify.

          ((In addition to those powers and duties elsewhere granted by the provisions of this title the state commission on equipment shall have the power and the duty to adopt, apply, and enforce such reasonable rules and regulations (1) relating to proper types of vehicles or combinations thereof for hauling passengers, commodities, freight, and supplies, (2) relating to vehicle equipment, and (3) relating to the enforcement of the provisions of this title with regard to vehicle equipment, as may be deemed necessary for the public welfare and safety in addition to but not inconsistent with the provisions of this title.

          The state commission on equipment is authorized to adopt by regulation, federal standards relating to motor vehicles and vehicle equipment, issued pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, or any amendment to said act, notwithstanding any provision in Title 46 RCW inconsistent with such standards.  Federal standards adopted pursuant to this section shall be applicable only to vehicles manufactured in a model year following the adoption of such standards.))

 

        Sec. 2.  Section 46.37.010, chapter 12, Laws of 1961 as last amended by section 69, chapter 136, Laws of 1979 ex. sess. and RCW 46.37.010 are each amended to read as follows:

          (1) It is a ((traffic infraction)) misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or in ((regulations issued)) rules adopted by the state commission on equipment, or which is equipped in any manner in violation of this chapter or the commission's ((regulations)) rules, or for any person to do any act forbidden or fail to perform any act required under this chapter or the commission's ((regulations)) rules.

          (2) Nothing contained in this chapter or the commission's ((regulations)) rules shall be construed to prohibit equipment required by the United States department of transportation or the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the commission's ((regulations)) rules.

          (3) The provisions of the chapter and the commission's ((regulations)) rules with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as ((herein)) specifically made applicable.

          (4) ((No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.

          (5) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the commission on equipment as prescribed in RCW 46.37.005 unless it has been approved by the state commission on equipment.

          (6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles except as herein made applicable)) If any provision of this chapter is determined by the department to be in conflict with a superseding federal law or regulation, the department shall report the conflict to the appropriate standing committees of the legislature and may adopt a rule to replace the provision.

 

          NEW SECTION.  Sec. 3.     (1) The commission may issue a permit that will allow operation of a vehicle in violation of the provisions in this chapter or in violation of the commission's rules.

          (2) The permit shall be carried by the driver or in the vehicle and shall be displayed upon demand of a judge or law enforcement officer.

          (3) In issuing such permits, the commission may limit the time, manner, or duration of operation and may otherwise prescribe conditions of operation that are necessary to protect the safety of highway users or efficient movement of traffic.  The conditions shall be stated on the permit and a person shall not violate them.

 

          NEW SECTION.  Sec. 4.     (1) A person shall not sell any item of vehicle equipment unless it complies with this chapter.

          (2) Each sale of a noncomplying item of vehicle equipment constitutes a separate offense under this section.

 

          NEW SECTION.  Sec. 5.     A person shall not sell any item of vehicle equipment regulated under this chapter unless the item or its individual package bears the manufacturer's trade mark or brand name, or unless it complies with identification requirements of the United States department of transportation or other federal agencies.

 

          NEW SECTION.  Sec. 6.     (1) The commission may adopt standards for vehicle equipment as necessary or desirable in order to protect the public from unreasonable risk of death or personal injury from vehicular accidents, or in order to permit state enforcement of federal safety standards for vehicle equipment.

          (2) As used in this chapter, the term "vehicle equipment" includes all of the following:

          (a) Any system, part, or component as originally manufactured or sold;

          (b) Any system, part, or  component manufactured or sold for replacement or improvement of a similar item, or as an accessory or addition to the vehicle; and

          (c) Any device, article, or apparel manufactured or sold to safeguard vehicle or highway users from the risk of vehicular accidents.

          (3) Where the United States department of transportation has issued a current federal motor vehicle safety standard applicable to a particular item of vehicle equipment, a standard adopted by the commission applicable to the same aspect of performance of that item of vehicle equipment shall be identical to the federal standard.

          (4) Where there is no federal motor vehicle safety standard applicable to the same aspect of performance of the item of vehicle equipment, a standard adopted by the commission shall conform to the greatest extent feasible with any other relevant standards, issued or endorsed by federal agencies or recognized standard setting organizations.

 

          NEW SECTION.  Sec. 7.     (1) The commission shall determine, concurrent with the first sale or thereafter within the state, whether any item of vehicle equipment for which a standard has been adopted under section 6 of this act, is in compliance with the applicable standard.  The commission may provide for the review of the submissions of manufacturers to determine compliance.  The commission may purchase items of vehicle equipment on the open market for the purpose of compliance testing.

          (2) Nothing in this section prevents the commission from establishing a requirement for state approval as a condition of the sale or the offer for sale of any item of vehicle equipment for which no federal motor vehicle safety standard has been adopted.

          (3) The commission shall establish standards for and approve testing laboratories and facilities for any test report submissions required by the commission under this chapter.

          (4) In performing its functions under this section, the commission may enter into cooperative arrangements with other states and with the American association of motor vehicle administrators, or other suitable interstate agency, in order to minimize duplication of effort and to facilitate compliance by manufacturers and sellers with this section.

          (5) The commission may adopt such rules as may be necessary to carry out this chapter.

 

          NEW SECTION.  Sec. 8.     The commission may require, concurrent with, or after, the first sale of an item of vehicle equipment within the state, that a vehicle equipment manufacturer or seller submit adequate test data either directly to the commission, or to the American association of motor vehicle administrators, or other suitable agency as may be designated by the commission, for the purpose of reviewing such data and notifying the vehicle equipment manufacturer of equipment compliance.  The commission may require by rule that such test data are periodically resubmitted to insure continuing compliance.

 

          NEW SECTION.  Sec. 9.     (1) Whenever the commission has reason to believe that an item of vehicle equipment is being sold in this state in violation of this chapter, the commission shall give notice to that effect to the manufacturer of the item or to the principal person or persons known to be selling the item within this state.  If, at the expiration of thirty days following such notice, the commission is not satisfied that the item sold complies with this chapter, the commission shall conduct a hearing on the question of the compliance of the regulated item.

          (2) Following the hearing, the commission shall determine whether the item is in compliance based upon:

          (a) A finding that the item of vehicle equipment has been sold in this state and that any submissions required by the commission under section 7 or 8 of this act have not been made; or

          (b) A finding that the item of vehicle equipment has been sold in this state and that the identification requirements of section 5 of this act have not been met.

          (3) After a determination of noncompliance, the commission shall give written notice of the determination to the manufacturer or to the principal person or persons who are known to have sold the item of equipment within this state.  The commission may enforce the determination of noncompliance through criminal prosecution or through civil process to enjoin future sales of the item.

          (4) Any person aggrieved by the determination of noncompliance may seek judicial review of the commission's action according to chapter 34.04 RCW, the state Administrative Procedure Act.  However, a petition for judicial review shall not automatically stay the determination of noncompliance pending the review, but the court may grant a stay upon a finding that the petitioner probably will prevail and that the petitioner will suffer irreparable injury if a stay is not granted.

 

        Sec. 10.  Section 12, chapter 10, Laws of 1982 as last amended by section 7, chapter 302, Laws of 1985 and by section 2, chapter 353, Laws of 1985 and by section 28, chapter 377, Laws of 1985 and RCW 46.63.020 are each reenacted and 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 46.16.028 relating to registration of motor vehicles by residents;

          (7) RCW 46.16.160 relating to vehicle trip permits;

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

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

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

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

          (12) RCW 46.20.416 relating to driving while in a suspended or revoked status;

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

          (14) Chapter 46.29 RCW relating to financial responsibility;

          (15) Chapter 46.37 RCW relating to vehicle equipment;

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

          (((16))) (17) RCW 46.48.175 relating to the transportation of dangerous articles;

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

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

          (((19))) (20) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

          (((20))) (21) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

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

          (((22))) (23) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          (((38))) (39) 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;

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

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

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

 

          NEW SECTION.  Sec. 11.    Sections 3 through 9 of this act are each added to chapter 46.37 RCW.