H-0377.1  _______________________________________________

                          HOUSE BILL 1340

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Dunn, D. Schmidt and Delvin

Read first time 01/21/1999.  Referred to Committee on Transportation.

Strengthening penalties for vehicle registration violations.

    AN ACT Relating to motor vehicle registration violations; amending RCW 46.63.020; reenacting and amending RCW 46.16.010; and prescribing penalties.

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

    Sec. 1.  RCW 46.16.010 and 1997 c 328 s 2 and 1997 c 241 s 13 are each reenacted and amended to read as follows:

    (1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided.  Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted thereof shall be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred.  Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.

    (2) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a ((gross misdemeanor)) class C felony punishable as follows:

    (a) For a first offense, up to ((one year in the county jail)) five years in a state correctional institution and a fine equal to ((twice)) four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred;

    (b) For a second or subsequent offense, up to ((one year in the county jail)) five years in a state correctional institution and a fine equal to four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred, and the offender's driver's license will be suspended for ninety days;

    (c) For fines levied under (a) or (b) of this subsection, an amount equal to the avoided taxes and fees owed shall be deposited in the vehicle licensing fraud account created in the state treasury;

    (d) ((The)) For fines levied under (a) or (b) of this subsection, an amount equal to the avoided taxes and fees owed shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion;

(e) For fines levied under (a) or (b) of this subsection, an amount equal to the avoided taxes and fees owed will be distributed to the Washington state patrol or the agency issuing the citation for the violation;

(f) For fines levied under (a) or (b) of this subsection, an amount equal to the avoided taxes and fees owed will be distributed to the court system that holds the original trial for the offense.

    (3) These provisions shall not apply to the following vehicles:

    (a) Electric-assisted bicycles;

    (b) Farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law;

    (c) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transportation;

    (d) Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve:  PROVIDED FURTHER, That these provisions shall not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks;

    (e) "Special highway construction equipment" defined as follows:  Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway.  It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (i) are in excess of the legal width, or (ii) which, because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (iii) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface.

    Exclusions:

    "Special highway construction equipment" does not include any of the following:

    Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

    (4) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter:

    (a) A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle.  Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.

    (b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle.  The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar.

    Sec. 2.  RCW 46.63.020 and 1998 c 294 s 3 are each amended to read as follows:

    Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

    (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

    (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

    (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit‑forming drugs or in a manner endangering the person of another;

    (4) RCW 46.10.130 relating to the operation of snowmobiles;

    (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

    (6) RCW 46.16.010 relating to ((initial)) registration of motor vehicles;

    (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

    (8) RCW 46.16.160 relating to vehicle trip permits;

    (9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;

    (10) RCW 46.20.005 relating to driving without a valid driver's license;

    (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

    (12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

    (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

    (14) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

    (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

    (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

    (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

    (18) RCW 46.25.170 relating to commercial driver's licenses;

    (19) Chapter 46.29 RCW relating to financial responsibility;

    (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;

    (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;

    (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

    (23) RCW 46.48.175 relating to the transportation of dangerous articles;

    (24) RCW 46.52.010 relating to duty on striking an unattended car or other property;

    (25) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

    (26) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

    (27) ((RCW 46.52.100 relating to driving under the influence of liquor or drugs;

    (28))) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

    (((29))) (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

    (((30))) (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;

    (((31))) (30) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

    (((32))) (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

    (((33))) (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;

    (((34))) (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

    (((35))) (34) RCW 46.61.500 relating to reckless driving;

    (((36))) (35) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

    (((37))) (36) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

    (((38))) (37) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

    (((39))) (38) RCW 46.61.522 relating to vehicular assault;

    (((40))) (39) RCW 46.61.5249 relating to first degree negligent driving;

    (((41))) (40) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

    (((42))) (41) RCW 46.61.530 relating to racing of vehicles on highways;

    (((43))) (42) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

    (((44))) (43) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

    (((45))) (44) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

    (((46))) (45) Chapter 46.65 RCW relating to habitual traffic offenders;

    (((47))) (46) RCW 46.68.010 relating to false statements made to obtain a refund;

    (((48))) (47) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

    (((49))) (48) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

    (((50))) (49) RCW 46.72A.060 relating to limousine carrier insurance;

    (((51))) (50) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

    (((52))) (51) RCW 46.72A.080 relating to false advertising by a limousine carrier;

    (((53))) (52) Chapter 46.80 RCW relating to motor vehicle wreckers;

    (((54))) (53) Chapter 46.82 RCW relating to driver's training schools;

    (((55))) (54) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

    (((56))) (55) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

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