H-1438

AN ACT Relating to enhancing novice driver traffic safety by improving traffic safety education and restricting the driving privilege for novice drivers who commit motor vehicle offenses; amending RCW 46.20.100, 28A.220.030, 46.82.290, 28A.220.040, 46.20.091, 46.20.120, and 46.68.041; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 46.20 RCW; and making appropriations.

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

Sec. 1. 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 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~~)) the minor, or ((~~in the event a minor under the age of eighteen~~)) the minor's employer if he or she 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~~)):

(a) Signs the application; and

(b) Beginning January 1, 2000, attests in writing that the minor completed the supervised driving practice as required under section 2 of this act.

(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~~)) adopted 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) Until the minor turns eighteen years of age, the parent or guardian who signed the application may rescind his or her signature and terminate the driving privilege upon payment of a five-dollar fee.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.220 RCW to read as follows:

The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules that establish a supervised driving practice requirement that a minor under the age of eighteen must satisfy in order to qualify for a driver's license. This requirement is in addition to the behind-the-wheel training required under RCW 28A.220.030 or 46.82.290.

(1) The rules must prescribe a required number of hours of practice in operating a motor vehicle. The required number of hours must be no less than fifteen hours and no more than fifty. The rules may require that the required hours include nighttime driving.

(2) In order for practice hours to count towards the requirement, the minor must hold a valid Washington learner's permit and must be accompanied by a licensed driver who has at least five years of driving experience and is occupying a seat beside the driver.

Sec. 3. RCW 28A.220.030 and 1979 c 158 s 196 are each amended to read as follows:

(1) The superintendent of public instruction ((~~is authorized to~~)) shall establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective state-wide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program((~~: PROVIDED, That~~)). The superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

(2) Effective September 1, 1999, the traffic safety education curriculum established by the superintendent under subsection (1) of this section must include a mandatory minimum of five hours of behind-the-wheel training for each student. The training must include a comprehensive driving skills test and individual knowledge test that a student must pass in order to receive a passing grade from a traffic safety education class.

(3) Effective September 1, 2000, the required curriculum must include a mandatory minimum of six hours of behind-the-wheel training for each student. In addition to the requirements of subsection (2) of this section, the training must include one training session for each student where the student drives a vehicle equipped with a device that simulates the loss of vehicular control that can occur when a vehicle skids from loss of traction. If a school is unable to provide training with the device, the six-hour training requirement is reduced to five and one-half hours. The superintendent may authorize the use of another training device in lieu of the device described in this section if the superintendent concludes that the alternative device is as effective.

(4) The superintendent's curriculum must include a provision that the additional two hours of behind-the-wheel training required under subsections (2) and (3) of this section are not required of students who demonstrate to the instructor of the traffic safety education course that the student possesses the driving skills necessary to safely operate a motor vehicle upon a highway and:

(a) Have held a juvenile agricultural driving permit under RCW 46.20.070 before enrolling in a traffic safety education course; or

(b) Previously held a driver's license in another state.

(5) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.

(6) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.

((~~(3)~~)) (7) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.

Sec. 4. RCW 46.82.290 and 1979 ex.s. c 51 s 2 are each amended to read as follows:

(1) The director ((~~shall be~~)) is responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.

(2) The director ((~~is authorized to~~)) may adopt and enforce such reasonable rules as may be consistent with and necessary to carry out this chapter.

(3) The director shall adopt a driver training curriculum established by the superintendent of public instruction. The curriculum must include a mandatory minimum of six hours of behind-the-wheel training and an individual knowledge test for each student. The six hours of training must include a comprehensive driving skills test that a student must pass in order to receive a certificate of completion from a driver training school.

Sec. 5. RCW 28A.220.040 and 1984 c 258 s 331 are each amended to read as follows:

(1) Each school district shall be reimbursed from funds appropriated for traffic safety education((~~: PROVIDED, That~~)).

(a) The state superintendent shall determine the per-pupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated.

(b) The state superintendent shall only provide per-pupil reimbursements to school districts where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(3).

(c) If a school district is unable to provide the training required by RCW 28A.220.030(3), the district reimbursement is reduced by the amount necessary to fund one-half hour of behind-the-wheel training.

(2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course.

Sec. 6. RCW 46.20.091 and 1998 c 41 s 11 are each amended to read as follows:

(1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. An applicant making a false statement under this subsection is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040. Every application for an instruction permit containing a photograph shall be accompanied by a fee of ((~~five~~)) ten dollars. The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.

(2) Every such application shall state the name of record, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require, including a statement that identifying documentation presented by the applicant is valid.

(3) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this state.

(4) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington. Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.

Sec. 7. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:

(1) No new driver's license may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination.

(a) 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.

(b) 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.

(c) The department may waive the written examination and the actual demonstration of the ability to operate a motor vehicle for a driver who passed a traffic safety education class offered by a Washington state school district within one year of the date he or she applies for a license if the driver earned at least ninety-five percent of the total points available, as measured by numerical scoring.

(2) 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.

NEW SECTION. Sec. 8. A new section is added to chapter 46.20 RCW to read as follows:

If a novice driver is convicted of or found to have committed one or more of the traffic offenses listed in subsection (2) of this section or two or more of the traffic offenses listed in subsection (3) of this section, his or her driving privilege is subject to the restrictions detailed in subsection (1) of this section. For purposes of this section "novice driver" means a driver who is within two years of the date he or she was licensed to drive.

(1) The department shall restrict the driving privilege of a novice driver who violates subsection (2), (3), or (4) of this section as follows:

(a) The novice driver may only drive unsupervised between the hours of five a.m. and ten p.m. At all other times the novice driver must be supervised. While being supervised, the novice driver must be accompanied by a parent, guardian, or other person twenty-one years of age or older with at least five years of driving experience. The supervisor must possess a valid driver's license. The supervisor must be the only other occupant of the front passenger section of the vehicle.

(b) The department shall impose the restrictions of this section for one year. The department shall extend the restrictions for one additional year if the driver drives a motor vehicle in violation of law while the restrictions are in place.

(c) In addition to the mandatory restrictions of this subsection (1), a judge may restrict the number of passengers under the age of twenty-one who a novice driver under the age of twenty-one may transport while driving with a restricted license under this section.

(d) Operating a motor vehicle in violation of the restrictions of this section is a traffic infraction.

(2) If a novice driver is convicted of one or more of the traffic offenses listed in this subsection, the department shall restrict his or her license as described in subsection (1) of this section:

(a) RCW 46.30.040: False insurance evidence;

(b) RCW 46.61.015, 46.61.020, or 46.61.021: Failure to respond or comply with officer;

(d) RCW 46.61.070: Wrong way in reversible lane;

(e) RCW 46.61.100, 46.61.105, 46.61.110, 46.61.120, 46.61.125, 46.61.130, or 46.61.140: Driving on wrong side of road/failure to stay in lane;

(f) RCW 46.61.105 or 46.61.120: Illegal overtaking or passing;

(g) RCW 46.61.135: Wrong way on a one-way street;

(h) RCW 46.61.145: Following too closely;

(i) RCW 46.61.150: Improperly crossing median;

(j) RCW 46.61.180 through 46.61.220: Failure to yield right-of-way;

(k) RCW 46.61.245 or 46.61.445: Failure to use due care;

(l) RCW 46.61.260: Driving in safety zone;

(m) RCW 46.61.370: Passing stopped school bus;

(n) RCW 46.61.400 or 46.61.440: Driving ten miles or more over the speed limit;

(o) RCW 46.61.400: Driving too fast for conditions;

(p) RCW 46.61.519: Open container violation;

(q) RCW 46.61.5195: Disguising an alcoholic beverage container;

(r) RCW 46.61.5249 and 46.61.525: Negligent driving;

(s) RCW 46.61.608: Failure to give motorcycle full use of lane;

(t) RCW 46.61.385: Failure to stop for school patrol;

(u) RCW 46.61.660: Carrying persons outside vehicle;

(v) RCW 46.61.665: Embracing while driving;

(w) RCW 46.61.675: Permitting illegal vehicle operation; and

(x) RCW 46.61.685: Unattended child in running vehicle.

(3) If a novice driver is convicted of two or more of the traffic offenses listed in this subsection, the department must restrict his or her license as described in subsection (1) of this section:

(a) RCW 46.20.190: No license on person;

(b) RCW 46.29.605: Driving with suspended registration;

(d) RCW 46.37.010: Defective equipment;

(e) RCW 46.37.010: Illegal lights or other equipment;

(f) RCW 46.37.020: Driving without lights;

(g) RCW 46.61.015 or 46.61.050: Disobeying road sign other than a stop or yield sign or signaler or officer;

(h) RCW 46.61.100: Improper lane change;

(i) RCW 46.61.100 (3) or (4) or 46.61.425: Impeding traffic;

(j) RCW 46.61.155: Improper access to limited access highway;

(k) RCW 46.61.235: Failure to stop for pedestrian;

(l) RCW 46.61.261, 46.61.428, or 46.61.606: Driving on shoulder or sidewalk;

(m) RCW 46.61.290 through 46.61.305: Improper or prohibited turn;

(n) RCW 46.61.295: Improper U-turn;

(o) RCW 46.61.300: Starting vehicle illegally;

(p) RCW 46.61.305: Failure to use or improper signal;

(q) RCW 46.61.400: Speeding less than ten miles over limit;

(r) RCW 46.61.600: Improperly secured vehicle;

(s) RCW 46.61.605: Improper backing;

(t) RCW 46.61.615: Obstructed vision or control;

(u) RCW 46.61.630: Coasting on downgrade;

(v) RCW 46.61.635: Following emergency vehicles;

(w) RCW 46.61.640: Crossing fire hose;

(x) RCW 46.61.645: Throwing dangerous material on roadway;

(y) RCW 46.61.655: Improperly secured or covered load;

(z) RCW 46.61.670: Wheels off roadway;

(aa) RCW 46.61.680: Lowering vehicle below legal clearance;

(bb) RCW 46.61.687: Child restraint violation; and

(cc) RCW 46.61.688: Seat belt violation.

(4) If a novice driver's driving privilege is withheld under any of the sections listed in this subsection, his or her license is subject to the restrictions in subsection (1) of this section if and when the driving privilege is reinstated.

(a) RCW 46.20.041: Violating driver's license restrictions;

(b) RCW 46.20.265: Minor in possession of alcohol or drugs;

(d) RCW 46.20.285: Conviction of a felony involving a motor vehicle;

(e) RCW 46.20.289: Failure to appear/unpaid traffic ticket;

(f) RCW 46.20.291: Multiple violations within a specified time period;

(g) RCW 46.20.3101: Refusal to submit to breath or blood alcohol test;

(h) RCW 46.20.336: Fraudulent application, alteration, or display of driver's license;

(i) RCW 46.20.342: Driving while license is suspended or revoked;

(j) Chapter 46.29 RCW other than RCW 46.29.605: Violation of financial responsibility laws;

(k) RCW 46.52.020: Hit and run, vehicle attended;

(l) RCW 46.61.024: Eluding police;

(m) RCW 46.61.500: Reckless driving;

(n) RCW 46.61.502: Driving under the influence;

(o) RCW 46.61.504: Physical control of a motor vehicle while under the influence;

(p) RCW 46.61.5055: Violating probation for DUI conviction;

(q) RCW 46.61.5056: Failure to meet requirements of court-ordered drug or alcohol treatment program, e.g., failure to submit alcohol report, failure to comply with treatment program, relapse;

(r) RCW 46.61.520: Vehicular homicide;

(s) RCW 46.61.522: Vehicular assault;

(t) RCW 46.61.527: Reckless endangerment in a construction zone;

(u) RCW 46.61.530: Racing; and

(v) Chapter 46.65 RCW: Habitual traffic offender, twenty moving violations in five years.

Sec. 9. RCW 46.68.041 and 1998 c 212 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.

(2) Sixty-three percent of each fee collected by the department under RCW 46.20.311 (1)(b)(ii), (2)(b)(ii), and (3)(b) shall be deposited in the impaired driving safety account.

(3) Fifty percent of each fee for an instruction permit collected under RCW 46.20.091 must be deposited in the public safety and education account and must be used to fund traffic safety education.

NEW SECTION. Sec. 10. (1) The sum of three million four hundred ninety thousand dollars, or as much thereof as may be necessary, is appropriated from the public safety and education account to the superintendent of public instruction for the biennium ending June 30, 2001, to provide behind-the-wheel driver training as required under RCW 28A.220.030(2).

(2) The sum of two hundred forty thousand dollars, or as much thereof as may be necessary, is appropriated from the public safety and education account to the office of the superintendent of public instruction for the biennium ending June 30, 2001, to provide additional traffic safety education coordination.