AN ACT
Relating to mandatory liability insurance; amending RCW 46.30.020, 46.30.040,
and 46.63.151; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.30.020 and 1991 c 339 s 24 are each amended to read as follows:
(1)(a)
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. Written proof of financial
responsibility for motor vehicle operation must be provided on the request of a
law enforcement officer in the format specified under RCW 46.30.030.
(b)
A person who drives a motor vehicle that is 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.
(c)
When asked to do so by a law enforcement officer, failure to display an
insurance identification card as specified under RCW 46.30.030 creates a
presumption that the person does not have motor vehicle insurance.
(d)
Failure to provide proof of motor vehicle insurance is a traffic infraction and
is subject to penalties as set by the supreme court under RCW 46.63.110 or
community service.
(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.
(3))) If a
person cited for a violation of subsection (1) 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 the financial
responsibility requirements of subsection (1) of this section, the citation
shall be dismissed. In lieu of personal appearance, a person cited for a
violation of subsection (1) 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 the financial responsibility requirements of subsection (1)
of this section, in which case the citation shall be dismissed without
cost, except that the court may assess court administrative costs of
twenty-five dollars at the time of dismissal.
(((4)))
(3) 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)))
(4) 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.
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))) 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.
Sec.
3. RCW
46.63.151 and 1981 c 19 s 4 are each amended to read as follows:
Each
party to a traffic infraction case is responsible for costs incurred by that
party. No costs or attorney fees may be awarded to either party in a traffic
infraction case, except as provided for in RCW 46.30.020(2).
