S-4769

AN ACT Relating to occupational drivers' licenses; amending RCW 46.20.391; and providing an effective date.

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

Sec. 1. RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:

(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

(2)(a)(i) A person licensed under this chapter who is not eligible to apply for an occupational driver's license under subsection (1) of this section may submit to the department an application for an occupational driver's license if:

(A) The applicant's driver's license or driving privilege has been suspended or revoked, other than for vehicular homicide, vehicular assault, refusing a breath or blood test, noncompliance with a child support order, or for a physical or mental disability that would prevent the person from operating a motor vehicle with safety upon the highways; and

(B) The applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:

(I) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;

(II) The applicant is in the process of applying for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program; or

(III) The applicant is in a program that assists persons who are on welfare to become gainfully employed and requires a driver's license.

(ii) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.

(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation but not more than two years.

(c) For occupational drivers' licenses based on this subsection, the department may, as a condition of granting the licenses, require such subsequent proof as it deems appropriate that the apprenticeship or on-the-job training program applications are actively pursued by the licensees.

(3) An applicant for an occupational driver's license is eligible to receive such license only if:

(a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

(b) Within five years immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and

(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

((~~(3)~~)) (4) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

NEW SECTION. Sec. 2. This act takes effect January 1, 1999.