BP BHEAD INT S [atlas:bill]

AN ACT Relating to promoting terminal inspections of commercial vehicles; amending RCW 46.32.010 and 46.32.040; adding a new section to chapter 46.61 RCW; creating a new section; repealing RCW 46.64.060 and 46.64.070; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the practice of conducting random inspections of commercial motor vehicles by law enforcement officers without establishment of probable cause is both inefficient and costly to law enforcement agencies and to business and industry. The legislature further finds that in protecting public safety on the roads of this state, the enforcement of safety laws and regulations must be done within the parameter of both the state and federal Constitutions. It is the intent of this act to require that a commercial motor vehicle operating upon the public highways of this state must not be subjected to a random inspection without the establishment of probable cause.

Sec. 2. RCW 46.32.010 and 1993 c 403 s 2 are each amended to read as follows:

(1) The chief of the Washington state patrol may operate, maintain, or designate, throughout the state of Washington, stations for the inspection of school buses and private carrier buses, with respect to vehicle equipment, drivers' qualifications, and hours of service and to set reasonable times when inspection of vehicles shall be performed.

(2) The state patrol may inspect a commercial motor vehicle upon the establishment of probable cause while the vehicle is operating on the public highways of this state with respect to vehicle equipment, hours of service, and driver qualifications. The state patrol shall, whenever possible, conduct these inspections at commercial vehicle terminals instead of along the highway.

(3) It is unlawful for any vehicle required to be inspected to be operated over the public highways of this state unless and until it has been approved periodically as to equipment.

(4) Inspections shall be performed by a responsible employee of the chief of the Washington state patrol, who shall be duly authorized and who shall have authority to secure and withhold, with written notice to the director of licensing, the certificate of license registration and license plates of any vehicle found to be defective in equipment so as to be unsafe or unfit to be operated upon the highways of this state, and it shall be unlawful for any person to operate such vehicle unless and until it has been placed in a condition satisfactory to pass a subsequent equipment inspection. The police officer in charge of such vehicle equipment inspection shall grant to the operator of such defective vehicle the privilege to move such vehicle to a place for repair under such restrictions as may be reasonably necessary.

(5) In the event any insignia, sticker, or other marker is adopted to be displayed upon vehicles in connection with the inspection of vehicle equipment, it shall be displayed as required by the rules of the chief of the Washington state patrol, and it is a traffic infraction for any person to mutilate, destroy, remove, or otherwise interfere with the display thereof.

(6) It is a traffic infraction for any person to refuse to have his motor vehicle examined as required by the chief of the Washington state patrol, or, after having had it examined, to refuse to place an insignia, sticker, or other marker, if issued, upon the vehicle, or fraudulently to obtain any such insignia, sticker, or other marker, or to refuse to place his motor vehicle in proper condition after having had it examined, or in any manner, to fail to conform to the provisions of this chapter.

(7) It is a traffic infraction for any person to perform false or improvised repairs, or repairs in any manner not in accordance with acceptable and customary repair practices, upon a motor vehicle.

Sec. 3. RCW 46.32.040 and 1986 c 123 s 3 are each amended to read as follows:

Vehicle equipment inspection shall be at such intervals as required by the chief of the Washington state patrol and shall be made without charge. A commercial motor vehicle while operating upon the public highways of this state must not be stopped for a safety inspection without probable cause.

NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:

A commercial motor vehicle as defined in chapter 46.32 RCW while operating upon the public highways of this state must not be stopped by a law enforcement officer for a safety inspection without probable cause.

NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

(1) RCW 46.64.060 and 1967 c 144 s 1; and

(2) RCW 46.64.070 and 1973 2nd ex.s. c 22 s 1 & 1967 c 144 s 2.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.