5790-S.E AMH DELL H3173.1

ESSB 5790 - H AMD  673  ADOPTED  6-26-91

By Representative Dellwo

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 46.30.020 and 1991 c 339 s 24 are each amended to read as follows:

    (1) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090.

    (2) A violation of this section constitutes a traffic infraction ((punishable by a fine of two hundred and fifty dollars unless a court determines that in the interest of justice the fine should be reduced.  In lieu of the fine, a court may permit the defendant to perform community service designated by the court)).  A person found to have committed such infraction shall be assessed a monetary penalty or community service in accordance with RCW 46.63.110 and 46.63.120.

    (3) If a person cited for a violation of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she was in compliance with this section, the citation shall be dismissed without cost.  In lieu of personal appearance, a person cited for a violation of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with this section, in which case the citation shall be dismissed without cost.

    (4) The provisions of this chapter shall not govern:

    (a) The operation of a motor vehicle registered under RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or

    (b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.

    (5) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.

(6) An investigating officer may issue a citation for a violation of this section if the person fails to provide evidence of financial responsibility or insurance as required under RCW 46.30.040."

    "Sec. 2.  RCW 46.30.040 and 1989 c 353 s 4 are each amended to read as follows:

    (1) Whenever a person operates a motor vehicle subject to registration under chapter 46.16 RCW, the person shall have in his or her possession an identification card of the type specified in RCW 46.30.030 and shall display the card upon demand to a law enforcement officer.

    (2) Every person who drives a motor vehicle required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.

    (3) A violation of subsection (1) or (2) of this section is not a traffic infraction.  Failure to provide evidence of financial responsibility as required under subsection (1) or (2) of this section is reasonable cause for an investigating officer to believe that the person driving the motor vehicle is not insured or otherwise financially responsible as required by RCW 46.30.020(1).  The officer may cite the person for a traffic infraction under RCW 46.30.020.

(4) Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a misdemeanor."

ESSB 5790 - H AMD

By Representative Dellwo

    In line 1 of the title, after "insurance;" strike the remainder of the title and insert "amending RCW 46.30.020 and 46.30.040; and prescribing penalties."