BP BHEAD INT H

AN ACT Relating to vehicle liability insurance; and amending RCW 46.30.020.

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

Sec. 1. RCW 46.30.020 and 1991 sp.s. c 25 s 1 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)(i) 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. The court shall waive the penalty for an infraction under this subsection if the person cited for the violation proves to the court that the person has obtained the required motor vehicle insurance since the notice of infraction was issued and the amount paid for this insurance was at least the amount of the monetary penalty.

(ii) If a person fails to provide proof of motor vehicle insurance more than one time during a twenty-four-month period, and the previous citation or citations have not been dismissed under subsection (2) of this section, the sentencing court shall order the surrender of the vehicle registration and license plates for the vehicle operated at the time of the citation if that vehicle was operated by a registered owner, by a member of the registered owner's immediate family, or by a person who was authorized by a registered owner to operate the vehicle. The court shall send the registration and license plates and a copy of the disposition order to the department, which shall immediately suspend the registration and license plates until a registered owner provides proof that a one-year, nonrefundable vehicle insurance policy has been obtained to meet the required motor vehicle insurance coverage, or until one year has passed since the registration and license plates were suspended, whichever occurs first. If the vehicle is transferred to a new owner, the new owner may register the vehicle. The department may charge reasonable fees to suspend and reinstate the registration and license plates.

(2) 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.

(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.

(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.