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AN ACT Relating to graduated driver's licensing; amending RCW 46.20.100 and 46.20.120; adding a new section to chapter 46.20 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the number of motor vehicle accidents and fatalities involving younger drivers warrants the establishment of a graduated licensing system. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle accidents.

NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

(1) A person under eighteen years of age is ineligible for a regular driver's license until satisfactory completion of the provisional driver's license requirements of this section, for a period of not less than six months. An applicant for a provisional license must:

(a) Pay a fee of five dollars; and

(b) Pass a road test under RCW 46.20.130(3).

(2) A provisional license allows unsupervised driving from 5:00 a.m. to 9:00 p.m. At all other times the provisional licensee must be accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver. The supervising licensed driver must be the only other occupant of the front passenger section of the vehicle.

(3) The provisional licensee shall not place the vehicle in motion until every occupant of the vehicle has a seat belt properly fastened about his or her body.

(4) A provisional licensee who has maintained a satisfactory driving record for one year may upon proper application and payment of the fee prescribed in RCW 46.20.161 be issued a regular driver's license.

(5) If a provisional licensee drives a motor vehicle in violation of the provisional license conditions specified in this section, the conditions will remain in effect for an additional six months, unless a stricter penalty of suspension or revocation for the offense is provided elsewhere in statute.

Sec. 3. RCW 46.20.100 and 1990 c 250 s 36 are each amended to read as follows:

The department of licensing shall not consider an application of any minor under the age of eighteen years for a regular driver's license or the issuance of a motorcycle endorsement for a particular category unless:

(1) The application is also signed by a parent or guardian having the custody of such minor, or in the event a minor under the age of eighteen has no father, mother, or guardian, then a driver's license shall not be issued to the minor unless his or her application is also signed by the minor's employer; ((~~and~~))

(2) The applicant has satisfactorily completed a traffic safety education course as defined in RCW 28A.220.020, conducted by a recognized secondary school, that meets the standards established by the office of the state superintendent of public instruction or the applicant has satisfactorily completed a traffic safety education course, conducted by a commercial driving instruction enterprise, that meets the standards established by the office of the superintendent of public instruction and is officially approved by that office on an annual basis: PROVIDED, HOWEVER, That the director may upon a showing that an applicant was unable to take or complete a driver education course waive that requirement if the applicant shows to the satisfaction of the department that a need exists for the applicant to operate a motor vehicle and he or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property, under rules to be promulgated by the department in concert with the supervisor of the traffic safety education section, office of the superintendent of public instruction. For a person under the age of eighteen years to obtain a motorcycle endorsement, he or she must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

The department may waive any education requirement under this subsection for an applicant previously licensed to drive a motor vehicle or motorcycle outside this state if the applicant provides proof satisfactory to the department that he or she has had education equivalent to that required under this subsection;

(3) The applicant possessed a valid instruction permit under RCW 46.20.055 for a period of not less than six months, during which time no conviction of drug, driver under twenty-one consuming alcohol under RCW 46.61.503, seat belt under RCW 46.61.688, or other driver-related safety laws occurred;

(4) The applicant has satisfied the provisional driver licensing requirements of section 2 of this act; and

(5) The applicant has maintained a satisfactory driving record. For purposes of this section, a person's driving record is deemed satisfactory if he or she has not been found to have committed or been convicted of any traffic regulations governing the movement of vehicles, and has not violated any state drug, driver under twenty-one consuming alcohol under RCW 46.61.503, seat belt under RCW 46.61.688, or other driver-related safety law of any state for at least the period of one year immediately before the date of the application for a regular license.

Sec. 4. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:

No new driver's license, including a provisional driver's license as prescribed in section 2 of this act, may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination. However, the department may waive all or any part of the examination of any person applying for the renewal of a driver's license except when the department determines that an applicant for a driver's license is not qualified to hold a driver's license under this title. The department may also waive the actual demonstration of the ability to operate a motor vehicle by a person who surrenders a valid driver's license issued by the person's previous home state and who is otherwise qualified to be licensed. For a new license examination a fee of seven dollars shall be paid by each applicant, in addition to the fee charged for issuance of the license. A new license is one issued to a driver who has not been previously licensed in this state or to a driver whose last previous Washington license has been expired for more than four years.

Any person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee under RCW 46.20.181. The penalty fee shall be deposited in the highway safety fund.

Any person who is outside the state at the time his or her driver's license expires or who is unable to renew the license due to any incapacity may renew the license within sixty days after returning to this state or within sixty days after the termination of any such incapacity without the payment of the penalty fee.

The department shall provide for giving examinations at places and times reasonably available to the people of this state.