S-2064

AN ACT Relating to occupational drivers' licenses; amending RCW 46.20.394; reenacting and amending RCW 46.20.391; providing an effective date; and providing an expiration date.

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

Sec. 1. RCW 46.20.391 and 1998 c 209 s 4 and 1998 c 207 s 9 are each reenacted and 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, or who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), 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 or pursuant to RCW 46.20.3101 (2)(a) or (3)(a). 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) 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:

(i) 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

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

(A) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required or has been accepted into such a program conditioned upon receiving an occupational driver's license; or

(B) The applicant is in a program that assists persons who are enrolled in a WorkFirst program under chapter 74.08A RCW to become gainfully employed and the program requires a driver's license.

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

(c) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license will be canceled. The effective date of cancellation is fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation is stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.

(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 seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, 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 meets at least one of the following qualifying circumstances: (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; (ii) is in an apprenticeship program or an on-the-job training program for which a driver's license is required; (iii) has been accepted into an apprenticeship or on-the-job training program conditioned upon receiving an occupational driver's license; or (iv) is in a program that assists persons who are enrolled in a WorkFirst program under chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; 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.

Sec. 2. RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:

In issuing an occupational driver's license under RCW 46.20.391, the department shall describe the ((~~type of occupation permitted~~)) qualifying circumstances and shall set forth in detail the specific hours of the day during which the person may drive to and from his ((~~place of work~~)) or her home, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.

NEW SECTION. Sec. 3. This act takes effect January 1, 2000.

NEW SECTION. Sec. 4. This act expires January 1, 2003.