AN ACT Relating to motor vehicles; amending RCW 81.80.070, 81.80.130, 81.80.190, 81.80.211, 81.80.260, 81.80.371, 81.04.010, 81.04.110, 81.04.130, 81.04.150, 81.04.250, 81.04.450, 46.20.440, 46.20.450, 46.52.130, 46.64.015, and 46.63.110; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.64 RCW; adding new sections to chapter 81.80 RCW; repealing RCW 81.80.020, 81.80.140, 81.80.150, 81.80.175, and 46.20.460; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 81.80 RCW to read as follows:

It is the intent of the legislature to adopt a new state policy toward motor freight carriers to the end that rates, charges, rules, and regulations affecting that industry reflect market place needs. That policy is intended to:

(1) Recognize and preserve the inherent advantages of each mode of transportation;

(2) Promote safe, adequate, economical, and efficient transportation;

(3) Encourage sound economic conditions in transportation, including sound economic conditions among carriers;

(4) Encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;

(5) Promote cooperation among federal, state, and local agencies, and the officials of federal, state, and local agencies on transportation matters;

(6) Encourage fair wages and working conditions in the transportation industry; and

(7) Promote a safe, stable, and financially sound system of transportation of household goods for the protection of the interests of individual shippers.

In adopting this new policy, the legislature intends that entry into the field of motor freight transportation within the state shall be eased, that the filing of motor freight tariffs by individual carriers be encouraged, and that the administrative regulation of motor freight carriers be reduced to enable the Washington utilities and transportation commission to concentrate its time and energies where the public need is greater.

NEW SECTION. Sec. 2. A new section is added to chapter 81.80 RCW to read as follows:

It is the policy of the state of Washington to promote by impartial regulation competitive and efficient motor freight transportation services in order to:

(1) Meet the needs of shippers, receivers, and consumers;

(2) Allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and consuming public;

(3) Allow the most productive use of equipment and energy resources;

(4) Enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;

(5) Provide and maintain service to small communities and small shippers;

(6) Improve and maintain a sound, safe, and competitive privately owned motor carrier system;

(7) Promote greater participation by minorities in the motor carrier system; and

(8) Promote intermodal transportation.

Sec. 3. Section 81.80.070, chapter 14, Laws of 1961 as amended by section 1, chapter 242, Laws of 1963 and RCW 81.80.070 are each amended to read as follows:

No "common carrier," "contract carrier," "freight forwarder," or "temporary carrier" shall operate for the transportation of property for compensation in this state without first obtaining from the commission a permit so to do: PROVIDED, That no permit shall be required for transportation to which the provisions of this chapter are declared inapplicable by RCW 81.80.040. Permits heretofore issued or hereafter issued to any carrier((,)) shall be exercised by said carrier to the fullest extent so as to render reasonable service to the public. Applications for common or contract carrier permits or extensions thereof shall be on file for a period of at least thirty days prior to the granting thereof unless the commission finds that special conditions require the earlier granting thereof. The commission shall render an administratively final decision granting or denying an application for a permit within one hundred twenty days of the date the application is filed.

A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the services proposed and conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and that such operations will be consistent with the public interest, and, in the case of common carriers of household goods, that the same are or will be required by the present or future public convenience and necessity, otherwise such application shall be denied. If any protest to an application for a permit or extension thereof is filed asserting that the applicant is not fit, willing, and able to perform the services proposed, or that the operations will not be consistent with the public interest, the burden of proving such assertions shall be on the person or persons filing the protest.

Nothing contained in this chapter shall be construed to confer upon any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.

Sec. 4. Section 81.80.130, chapter 14, Laws of 1961 and RCW 81.80.130 are each amended to read as follows:

The commission shall supervise and regulate every "common carrier," "contract carrier," and "freight forwarder" in this state; ((~~make, fix, alter, and amend,~~)) ensure that just, fair, and reasonable((~~, minimum, maximum, or minimum and maximum,~~)) rates, charges, classifications, rules, and regulations ((~~for all~~)) are maintained by each "common carrier((s))," "contract carrier," and "freight forwarder"; regulate the accounts, service, and safety of operations thereof; require the filing of reports and other data thereby; and supervise and regulate all "common carriers" and "contract carriers" in all other matters affecting their relationship with competing carriers of every kind and the shipping and general public((: PROVIDED, The commission may by order approve rates filed by common carriers in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, or prescribe rates covering such commodities and services)).

Sec. 5. Section 81.80.190, chapter 14, Laws of 1961 as amended by section 5, chapter 191, Laws of 1986 and RCW 81.80.190 are each amended to read as follows:

The commission shall ((~~in the granting of permits to "common carriers" and "contract carriers" under this chapter~~)) require ((~~such carriers~~)) all "common carriers" and "contract carriers" to either procure and file liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or deposit such security, for such limits of liability and upon such terms and conditions as the commission shall determine to be necessary for the reasonable protection of the public against damage and injury for which such carrier may be liable by reason of the operation of any motor vehicle.

In fixing the amount of said insurance policy or policies, or deposit of security, the commission shall give due consideration to the character and amount of traffic and the number of persons affected and the degree of danger which the proposed operation involves.

If the commission is notified of the cancellation, revocation, or any other changes in the required insurance or security of a common carrier or contract carrier with a permit to transport radioactive or hazardous materials, the commission shall immediately notify the state radiation control agency of the change.

Sec. 6. Section 81.80.211, chapter 14, Laws of 1961 and RCW 81.80.211 are each amended to read as follows:

The commission may adopt rules and regulations relating to the hours of duty of motor carrier drivers and operators, including those engaged in transportation to which the provisions of this chapter are declared inapplicable by RCW 81.80.040.

Sec. 7. Section 81.80.260, chapter 14, Laws of 1961 as amended by section 3, chapter 69, Laws of 1967 and RCW 81.80.260 are each amended to read as follows:

It shall be unlawful for any person to operate any vehicle at the same time in more than one class of operation, except upon approval of the commission and a finding that such operation will be in the public interest: PROVIDED, That nothing contained in this chapter shall be construed to prohibit the issuance of a "common carrier," "contract carrier," or "temporary carrier" permit, or extension thereof, to a "private carrier" upon proper application therefor and a finding by the commission as required by RCW 81.80.070.

No "exempt carrier" as such shall transport property for compensation except as hereinabove provided.

Sec. 8. Section 9, chapter 59, Laws of 1963 and RCW 81.80.371 are each amended to read as follows:

It shall be unlawful for any carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate authority from the Interstate Commerce Commission, if such authority is required, and without first having registered such authority, if any, with the commission.

It shall also be unlawful for a carrier to perform a transportation service for compensation on the public highways of this state as an interstate carrier of commodities included in the exemptions provided in section ((~~203(b)~~)) 10526 of the Interstate Commerce Act without having first registered as such a carrier with the commission.

Such registration shall be granted upon application, without hearing, upon payment of the appropriate filing fee prescribed by this chapter for other applications for operating authority.

NEW SECTION. Sec. 9. A new section is added to chapter 81.80 RCW to read as follows:

(1) Each motor freight carrier, other than a carrier of household goods as a commodity, holding a valid "common carrier," "freight forwarder," or "temporary carrier" permit shall compile an independent tariff and be governed thereby in the delivery of all transportation services, other than those to which the provisions of this chapter are declared inapplicable by RCW 81.80.040. A tariff created under this section shall:

(a) Establish rates and classifications for transportation and service which may be provided under this chapter;

(b) Establish rules and practices on matters related to the transportation or service, including rules and practices on the issuance of receipts, bills of lading, and manifests, the manner and method of presenting, marking, packing, and delivering property for transportation, and the facilities for transportation; and

(2) Unless a shorter notice period is authorized by the commission in particular circumstances, an independent tariff, and any amendment, alteration, or rescission thereof, shall take effect ten days after filing with the commission, except that rate reduction amendments shall take effect five days after filing, provided that:

(a) The independent tariff, and any amendment, alteration, or rescission thereof has been filed with the commission in compliance with any rules and regulations established by the commission to achieve a reasonably clear tariff with a minimum of technical regulation; and

(b) The independent tariff, or an amendment, alteration, or rescission thereof is not disapproved by the commission in a proceeding under section 12 of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 81.80 RCW to read as follows:

Each motor freight carrier holding a valid "contract carrier" permit shall establish and file with the commission actual rates for transportation services which it may provide, and rules and practices related to those rates, other than those to which the provisions of this chapter are declared inapplicable by RCW 81.80.040. However, this section does not require a motor contract carrier to maintain the same rates and rules for the same transportation provided to all shippers served by it.

NEW SECTION. Sec. 11. A new section is added to chapter 81.80 RCW to read as follows:

When the commission, after a full hearing, determines that a rate filed by a carrier for providing transportation subject to its jurisdiction under this chapter is noncompensatory, predatory, or discriminatory, or that a classification, rule, or practice of the carrier, does or will violate this chapter, the commission shall disapprove the rate, classification, rule, or practice.

When a rate is disapproved by the commission, the carrier shall cease offering service at that rate.

NEW SECTION. Sec. 12. A new section is added to chapter 81.80 RCW to read as follows:

(1) The commission may begin a proceeding to determine the lawfulness of a rate, classification, rule, or practice immediately, on its own initiative, or on application of another carrier or a shipper when:

(a) A new rate, classification, rule, or practice affecting a rate is filed with the commission by a common carrier, under section 9 of this act; or

(b) A new rate or rule or practice is filed with the commission by a contract carrier under section 10 of this act.

The commission shall give reasonable notice before beginning a proceeding.

(2) In a proceeding under this section, the burden is on the party protesting the rate, classification, rule, or practice to prove that it is, or results in, a noncompensatory, predatory, or discriminatory rate. A rate which exceeds the variable cost of the carrier providing the service shall be deemed to be compensatory. The commission shall give proceedings under this section preference over all other proceedings related to that type of carrier pending before it and make its decisions at the earliest practical time.

(3) If the commission finds that a protest is frivolous, it may require the protestant to reimburse the applicant and the commission their costs of defending and hearing the protest.

Sec. 13. Section 81.04.010, chapter 14, Laws of 1961 as amended by section 2, chapter 13, Laws of 1981 and RCW 81.04.010 are each amended to read as follows:

As used in this title, unless specially defined otherwise or unless the context indicates otherwise:

"Commission" means the utilities and transportation commission.

"Commissioner" means one of the members of such commission.

"Corporation" includes a corporation, company, association or joint stock association.

"Person" includes an individual, a firm or copartnership.

"Street railroad" includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for hire, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such street railroad, within this state.

"Street railroad company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any street railroad or any cars or other equipment used thereon or in connection therewith within this state.

"Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad.

"Railroad company" includes every corporation, company, association, joint stock association, partnership or person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any railroad or any cars or other equipment used thereon or in connection therewith within this state.

"Express company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, who shall engage in or transact the business of carrying any freight, merchandise or property for hire on the line of any common carrier operated in this state.

"Common carrier" includes all railroads, railroad companies, street railroads, street railroad companies, steamboat companies, express companies, car companies, sleeping car companies, freight companies, freight line companies, and every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town, owning, operating, managing or controlling any such agency for public use in the conveyance of persons or property for hire within this state.

"Vessel" includes every species of watercraft, by whatsoever power operated, for public use in the conveyance of persons or property for hire over and upon the waters within this state, excepting all towboats, tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tons burden, open steam launches of five tons gross and under, and vessels under five tons gross propelled by gas, fluid, naphtha or electric motors.

"Steamboat company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, controlling, leasing, operating or managing any vessel over and upon the waters of this state.

"Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported, and the transmission of credit.

"Transportation of persons" includes any service in connection with the receiving, carriage and delivery of the person transported and his baggage and all facilities used, or necessary to be used in connection with the safety, comfort and convenience of the person transported.

"Public service company" and "public service corporation" includes every common carrier with the exception of those motor freight carriers engaged exclusively in the operation of motor vehicles exempt from the provisions of chapter 81.80 RCW.

The term "service" is used in this title in its broadest and most inclusive sense.

Sec. 14. Section 81.04.110, chapter 14, Laws of 1961 and RCW 81.04.110 are each amended to read as follows:

Complaint may be made by the commission of its own motion or by any person or corporation, chamber of commerce, board of trade, or any commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission.

When two or more public service corporations, (meaning to exclude municipal and other public corporations) are engaged in competition in any locality or localities in the state, either may make complaint against the other or others that the rates, charges, rules, regulations or practices of such other or others with or in respect to which the complainant is in competition, are unreasonable, unremunerative, discriminatory, illegal, unfair or intending or tending to oppress the complainant, to stifle competition, or to create or encourage the creation of monopoly, and upon such complaint or upon complaint of the commission upon its own motion, the commission shall have power, after notice and hearing as in other cases, to, by its order, subject to appeal as in other cases, correct the abuse complained of by establishing such uniform rates, charges, rules, regulations or practices in lieu of those complained of, to be observed by all of such competing public service corporations in the locality or localities specified as shall be found reasonable, remunerative, nondiscriminatory, legal, and fair or tending to prevent oppression or monopoly or to encourage competition, and upon any such hearing it shall be proper for the commission to take into consideration the rates, charges, rules, regulations and practices of the public service corporation or corporations complained of in any other locality or localities in the state.

All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review of the courts of orders of the commission the same rule shall apply and pertain with regard to the joinder of complaints and parties as herein provided: PROVIDED, All grievances to be inquired into shall be plainly set forth in the complaint. No complaint shall be dismissed because of the absence of direct damage to the complainant.

Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the person or corporation complained of, which shall be accompanied by a notice fixing the time when and place where a hearing will be had upon such complaint. The time fixed for such hearing shall not be less than ten days after the date of the service of such notice and complaint, excepting as herein provided. Rules of practice and procedure not otherwise provided for in this title may be prescribed by the commission.

This section does not apply to motor carriers of freight other than household goods, which shall be regulated in this regard by chapter 81.80 RCW and rules adopted thereunder.

Sec. 15. Section 81.04.130, chapter 14, Laws of 1961 as amended by section 1, chapter 143, Laws of 1984 and RCW 81.04.130 are each amended to read as follows:

Whenever any public service company, other than a railroad company, files with the commission any schedule, classification, rule, or regulation, the effect of which is to change any rate, fare, charge, rental, or toll previously charged, the commission has power, either upon its own motion or upon complaint, upon notice, to hold a hearing concerning the proposed change and the reasonableness and justness of it. Pending the hearing and the decision the commission may suspend the operation of the rate, fare, charge, rental, or toll, if the change is proposed by a common carrier subject to the jurisdiction of the commission, for a period not exceeding seven months, and, if proposed by a public service company other than such a common carrier, for a period not exceeding ten months from the time the change would otherwise go into effect. After a full hearing the commission may make such order in reference to the change as would be provided in a hearing initiated after the change had become effective.

At any hearing involving any change in any schedule, classification, rule, or regulation the effect of which is to increase any rate, fare, charge, rental, or toll theretofore charged, the burden of proof to show that such increase is just and reasonable is upon the public service company. When any common carrier subject to the jurisdiction of the commission files any tariff, classification, rule, or regulation the effect of which is to decrease any rate, fare, or charge, the burden of proof to show that such decrease is just and reasonable is upon the common carrier.

This section does not apply to motor carriers of freight other than household goods, which shall be regulated in this regard by chapter 81.80 RCW and rules adopted thereunder.

Sec. 16. Section 81.04.150, chapter 14, Laws of 1961 as amended by section 2, chapter 143, Laws of 1984 and RCW 81.04.150 are each amended to read as follows:

Whenever the commission finds, after hearing had upon its own motion or upon complaint as provided in this chapter, that any rate, toll, rental, or charge that has been the subject of complaint and inquiry is sufficiently remunerative to the public service company, other than a railroad company, affected by it, the commission may order that the rate, toll, rental, or charge shall not be changed, altered, abrogated, or discontinued, nor shall there be any change in the classification that will change or alter the rate, toll, rental, or charge without first obtaining the consent of the commission authorizing the change to be made.

This section does not apply to motor carriers of freight other than household goods, which shall be regulated in this regard by chapter 81.80 RCW and rules adopted thereunder.

Sec. 17. Section 81.04.250, chapter 14, Laws of 1961 as amended by section 3, chapter 143, Laws of 1984 and RCW 81.04.250 are each amended to read as follows:

The commission has the power upon complaint or upon its own motion to prescribe and authorize just and reasonable rates for the transportation of persons or property by carriers other than railroad companies, and shall exercise that power whenever and as often as it deems necessary or proper. The commission shall, before any hearing is had upon the complaint or motion, notify the complainants and the carrier concerned of the time and place of the hearing by giving at least ten days' written notice thereof, specifying that at the time and place designated a hearing will be held for the purpose of prescribing and authorizing the rates. The notice is sufficient to authorize the commission to inquire into and pass upon the matters designated in this section.

In exercising this power the commission may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of prescribing and authorizing just and reasonable rates.

In the exercise of this power the commission may give consideration, in addition to other factors, to the following:

(1) To the effect of the rates upon movement of traffic by the carriers;

(2) To the public need for adequate transportation facilities, equipment, and service at the lowest level of charges consistent with the provision, maintenance, and renewal of the facilities, equipment and service; and

(3) To the carrier's need for revenue ((of)) at a level that under honest, efficient, and economical management is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, and taxes of every kind) of providing adequate transportation service, plus an amount equal to the percentage of that cost as is reasonably necessary for the provision, maintenance, and renewal of the transportation facilities or equipment and a reasonable profit to the carrier. The relation of carrier expenses to carrier revenues may be deemed the proper test of a reasonable profit.

This section does not apply to motor carriers of freight other than household goods, which shall be regulated in this regard by chapter 81.80 RCW and rules adopted thereunder, nor to railroad companies, which shall be regulated in this regard by chapter 81.34 RCW and rules adopted thereunder.

Sec. 18. Section 81.04.450, chapter 14, Laws of 1961 and RCW 81.04.450 are each amended to read as follows:

Upon application of any person the commission shall furnish certified copies of any classification, rate, rule, regulation or order filed with or established by such commission, and the printed copies published by authority of the commission, or any certified copy of any such classification, rate, rule, regulation or order, with seal affixed, shall be admissible in evidence in any action or proceeding, and shall be sufficient to establish the fact that the charge, rate, rule, order or classification therein contained is the official record or act of the commission. When copies of any classification, rate, rule, regulation or order not contained in the printed reports, or copies of papers, accounts or records of public service companies filed with the commission shall be demanded from the commission for proper use, the commission shall charge a reasonable compensation therefor.

Sec. 19. Section 1, chapter 20, Laws of 1967 ex. sess. as last amended by section 1, chapter 114, Laws of 1980 and RCW 46.20.440 are each amended to read as follows:

It is unlawful for a person to operate upon the public highway any motor-truck, truck-tractor, school bus, auto stage, for hire vehicle, or private carrier bus as defined by RCW 46.04.310, 46.04.650, 46.04.521, 46.04.050, 46.04.190, and 46.04.416 respectively, found by the director to require special operating skills as hereafter provided, unless the driver has established the driver's physical fitness to operate the vehicle or vehicles upon the public highway without unnecessarily endangering the safety of the driver and others, and has successfully completed an examination, in addition to the examinations in RCW 46.20.130, demonstrating the ability of the driver to operate and maneuver the vehicle or vehicles upon the public highway in a manner not to jeopardize the safety of persons or property: PROVIDED, That this requirement does not apply to any person hauling farm commodities from the farm to the processing plant or shipping point, not to exceed a radius of fifty miles from the farm.

The director may issue an instruction permit to an applicant for a period not to exceed one hundred eighty days. This instruction permit may be renewed for one additional one hundred eighty-day period. The director shall collect a two dollars and fifty cent fee for the instruction permit or renewal, and the fee shall be deposited in the highway safety fund.

The director shall upon completion of such tests specially endorse the driver's license of the applicant to indicate the type of vehicle qualifications met.

Sec. 20. Section 2, chapter 20, Laws of 1967 ex. sess. and RCW 46.20.450 are each amended to read as follows:

The director shall, pursuant to chapter 34.04 RCW, hold public hearings to adopt rules and regulations and standards and specifications pertaining to:

(1) A determination of what types of vehicles require special skills for the operation thereof, taking into consideration the extent to which a special knowledge of traffic laws pertaining to the type of vehicle and a special ability to maneuver such vehicles is necessary for the safe operation of the vehicle both alone and in relationship to other types of vehicles on the road;

(2) The establishment of reasonable classifications within one vehicle category or among several categories for the purpose of either requiring or not requiring a special skill test;

(3) The establishment of the type of examinations to be given, taking into consideration that certain categories of equipment may require a more comprehensive testing than others. The director may, however, allow the substitution of a training course or examination given by common carriers or other persons in lieu of the department's examination, if it meets the standards required by the department;

(4) The determination of the physical fitness of an applicant for a license to operate a vehicle requiring special operating skills.

Sec. 21. Section 27, chapter 21, Laws of 1961 ex. sess. as last amended by section 1, chapter 74, Laws of 1986 and RCW 46.52.130 are each amended to read as follows:

Any request for a certified abstract must specify which part is requested, and only the part requested shall be furnished. The employment driving record part shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the employer, or a prospective employer. The other part shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the named individual, or the insurance carrier to which the named individual has applied. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years, and the abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; and any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.

The abstract provided to an insurance company shall have excluded from it any information pertaining to any occupational driver's license when the license is issued to any person employed by another or self-employed as a motor vehicle driver who during the five years preceding the request has been issued such a license by reason of a conviction or finding of a traffic infraction involving a motor vehicle offense outside the scope of his principal employment, and who has during that period been principally employed as a motor vehicle driver deriving the major portion of his income therefrom. The abstract provided to the insurance company shall also exclude any information pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any member of the Washington state patrol, while driving official vehicles in the performance of occupational duty during an emergency situation if the chief of the officer's or fire fighter's department certifies on the accident report that the actions of the officer or fire fighter were reasonable under the circumstances as they existed at the time of the accident.

The director shall collect for each abstract the sum of three dollars and fifty cents which shall be deposited in the highway safety fund.

Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, or denied on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment.

Any employer or prospective employer receiving the certified abstract shall use it exclusively for his own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.

Any violation of this section is a gross misdemeanor.

Sec. 22. Section 46.64.015, chapter 12, Laws of 1961 as last amended by section 11, chapter 303, Laws of 1985 and RCW 46.64.015 are each amended to read as follows:

Whenever any person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon ((~~him~~)) the person a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of RCW 46.64.010, and in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense or violation charged, the time and place where such person shall appear in court, and a place where the person arrested may sign. Such spaces shall be filled with the appropriate information by the arresting officer. The arrested person, in order to secure release, and when permitted by the arresting officer, must give ((~~his~~)) the person's written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer and if the arrested person is not a resident of this state, shall also post bail as required under RCW 46.63.110. An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in ((~~his~~)) the officer's presence or when a person may be arrested pursuant to RCW 10.31.100, as now or hereafter amended. The detention arising from an arrest under this section may not be for a period of time longer than is reasonably necessary to issue and serve a citation and notice, except that the time limitation does not apply under any of the following circumstances:

(1) Where the arrested person refuses to sign a written promise to appear in court as required by the citation and notice provisions of this section;

(2) Where the arresting officer has probable cause to believe that the arrested person has committed any of the offenses enumerated in RCW 10.31.100(3), as now or hereafter amended;

(3) Where the arrested person is not a resident of this state and is being detained for a hearing under RCW 46.63.110.

Sec. 23. Section 330, chapter 258, Laws of 1984 as amended by section 2, chapter 213, Laws of 1986 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 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, and for violation by motor carriers of chapter 46.37 RCW relating to vehicle lighting and other equipment 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.

NEW SECTION. Sec. 24. A new section is added to chapter 46.64 RCW to read as follows:

Any nonresident of the state of Washington who is issued a notice of infraction or a citation for a traffic offense shall be required to post bail. If the person cannot post bail, that person shall be taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply with this section, that person shall be guilty of a misdemeanor. This section does not apply to residents of states that have entered into the nonresident violator compact under chapter 46.23 RCW.

NEW SECTION. Sec. 25. A new section is added to chapter 81.80 RCW to read as follows:

The commission has the authority and duty to supervise and regulate every private carrier in the state in regard to safety of operation. In carrying out its duties under this section, the commission may inspect vehicles, records, or any other necessary item, on public property or private property owned, leased, or otherwise controlled by the private carrier whose vehicles or records or other items are subject to inspection.

NEW SECTION. Sec. 26. A new section is added to chapter 46.16 RCW to read as follows:

In addition to other fees for the licensing of vehicles there shall be paid annually a truck safety fee of ten cents for each one thousand pounds of licensed gross vehicle weight for each motor truck, truck tractor, or tractor with a licensed gross vehicle weight of fourteen thousand pounds or more.

The fee shall be paid at the time of payment of the fee imposed by RCW 46.16.070. Revenues from this fee shall be deposited in the state patrol highway account of the motor vehicle fund to be used by the commercial vehicle enforcement section for truck safety.

NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:

(1) Section 81.80.020, chapter 14, Laws of 1961 and RCW 81.80.020;

(2) Section 81.80.140, chapter 14, Laws of 1961 and RCW 81.80.140;

(3) Section 81.80.150, chapter 14, Laws of 1961, section 11, chapter 115, Laws of 1973, section 2, chapter 116, Laws of 1981 and RCW 81.80.150;

(4) Section 5, chapter 242, Laws of 1963 and RCW 81.80.175; and

(5) Section 3, chapter 20, Laws of 1967 ex. sess., section 2, chapter 68, Laws of 1969 ex. sess., section 2, chapter 126, Laws of 1971 ex. sess. and RCW 46.20.460.

NEW SECTION. Sec. 28. 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. 29. Section 26 of this act shall take effect on January 1, 1988.