[atlas:bill]

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 46.63.110; 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) 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.

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) The traffic safety education curriculum established by the superintendent under subsection (1) of this section must include a mandatory minimum of six hours of behind-the-wheel training for each student. The six hours of training must include:

(a) 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; and

(b) 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.

(3) 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.

(4) 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)~~)) (5) 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 establish a driver training curriculum. The curriculum must include a mandatory minimum of six hours of behind-the-wheel training 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(2)(b), 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 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 shall 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 school district within one year of the date he or she applies for a license if the driver's performance was in the top ten percent of the class, 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) or (3) 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 46.29.605: Driving with suspended registration;

(b) RCW 46.30.020: Driving without liability insurance;

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

(e) RCW 46.61.050 or 46.61.340 through 46.61.385: Failure to stop;

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

(g) 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;

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

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

(j) RCW 46.61.145: Following too closely;

(k) RCW 46.61.150: Improperly crossing median;

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

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

(n) RCW 46.61.260: Driving in safety zone;

(o) RCW 46.61.370: Passing stopped school bus;

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

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

(r) RCW 46.61.519: Open container violation;

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

(t) RCW 46.61.5249 and 46.61.525: Negligent driving;

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

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

(w) RCW 46.61.660: Carrying persons outside vehicle;

(x) RCW 46.61.665: Embracing while driving;

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

(z) 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 46.37.010: Defective equipment;

(d) RCW 46.37.020: Driving without lights;

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

(f) RCW 46.61.100: Improper lane change;

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

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

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

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

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

(l) RCW 46.61.295: Improper U-turn;

(m) RCW 46.61.300: Starting vehicle illegally;

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

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

(p) RCW 46.61.600: Improperly secured vehicle;

(q) RCW 46.61.605: Improper backing;

(r) RCW 46.61.615: Obstructed vision or control;

(s) RCW 46.61.630: Coasting on downgrade;

(t) RCW 46.61.635: Following emergency vehicles;

(u) RCW 46.61.640: Crossing fire hose;

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

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

(x) RCW 46.61.670: Wheels off roadway;

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

(z) RCW 46.61.687: Child restraint violation; and

(aa) RCW 46.61.688: Seat belt violation.

Sec. 9. RCW 46.63.110 and 1997 c 331 s 3 are each amended to read as follows:

(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

(2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

(4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

(5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.

(6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040.

(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction must be assessed a fee of thirteen dollars per infraction. Under no circumstances may this fee be reduced or waived. Revenue from this fee must be forwarded to the state treasurer for deposit in the public safety and education account and must be used to fund the fifth and sixth hours of behind-the-wheel training at school district traffic safety education programs authorized under RCW 28A.220.030(2).

NEW SECTION. Sec. 10. (1) The sum of seven million four hundred four 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 five hundred seven 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 coordinators.