AN ACT Relating to the
disqualification of drivers of commercial motor vehicles; and amending RCW
46.25.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.25.090 and 1996 c
30 s 3 are each amended to read as follows:
(1) A person is
disqualified from driving a commercial motor vehicle for a period of not less
than one year if a report has been received by the department pursuant to RCW
46.25.120, or if the person has been convicted of a first violation, within
this or any other jurisdiction, of:
(a) Driving a
commercial motor vehicle under the influence of alcohol or any drug;
(b) Driving a
commercial motor vehicle while the alcohol concentration in the person's system
is 0.04 or more as determined by any testing methods approved by law in this
state or any other state or jurisdiction;
(c) Leaving the scene
of an accident involving a commercial motor vehicle driven by the person;
(d) Using a commercial
motor vehicle in the commission of a felony;
(e) Refusing to submit
to a test to determine the driver's alcohol concentration while driving a motor
vehicle.
If any of the
violations set forth in this subsection occurred while transporting a hazardous
material required to be identified by a placard, the person is disqualified for
a period of not less than three years.
(2) A person is
disqualified for life if it has been determined that the person has committed
or has been convicted of two or more violations of any of the offenses
specified in subsection (1) of this section, or any combination of those
offenses, arising from two or more separate incidents. Only offenses committed
after October 1, 1989, may be considered in applying this subsection.
(3) The department may
adopt rules, in accordance with federal regulations, establishing guidelines,
including conditions, under which a disqualification for life under subsection
(2) of this section may be reduced to a period of not less than ten years.
(4) A person is
disqualified from driving a commercial motor vehicle for life who uses a
commercial motor vehicle in the commission of a felony involving the
manufacture, distribution, or dispensing of a controlled substance, as defined
by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or
dispense a controlled substance, as defined by chapter 69.50 RCW.
(5) A person is
disqualified from driving a commercial motor vehicle for a period of not less
than sixty days if convicted of or found to have committed two serious traffic
violations, or one hundred twenty days if convicted of or found to have
committed three serious traffic violations, committed in a commercial motor
vehicle arising from separate incidents occurring within a three-year period.
(6) A person is
disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than
ninety days nor more than one year if convicted of or found to have committed a
first violation of an out-of-service order;
(b) Not less than one
year nor more than five years if, during a ten-year period, the person is
convicted of or is found to have committed two violations of out-of-service
orders in separate incidents;
(c) Not less than three
years nor more than five years if, during a ten-year period, the person is
convicted of or is found to have committed three or more violations of
out-of-service orders in separate incidents;
(d) Not less than one
hundred eighty days nor more than two years if the person is convicted of or is
found to have committed a first violation of an out-of-service order while
transporting hazardous materials required to be placarded under the Hazardous
Materials Transportation Act (46 U.S.C. Sec. 1801-1813), or while operating
motor vehicles designed to transport sixteen or more passengers, including the
driver. A person is disqualified for a period of not less than three years nor
more than five years if, during a ten-year period, the person is convicted of
or is found to have committed subsequent violations of out-of-service orders,
in separate incidents, while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation Act, or while operating
motor vehicles designed to transport sixteen or more passengers, including the
driver.
(7)(a) A person is
disqualified from driving a commercial motor vehicle for the period of time
specified in (b) of this subsection if he or she is convicted of or is found to
have committed one of the following six offenses at a railroad-highway grade
crossing while operating a commercial motor vehicle in violation of a federal,
state, or local law or regulation:
(i) For drivers who
are not required to always stop, failing to slow down and check that the tracks
are clear of an approaching train;
(ii) For drivers who
are not required to always stop, failing to stop before reaching the crossing,
if the tracks are not clear;
(iii) For drivers
who are always required to stop, failing to stop before driving onto the
crossing;
(iv) For all
drivers, failing to have sufficient space to drive completely through the
crossing without stopping;
(v) For all drivers,
failing to obey a traffic control device or the directions of an enforcement
officer at the crossing;
(vi) For all
drivers, failing to negotiate a crossing because of insufficient undercarriage
clearance.
(b) A person is
disqualified from driving a commercial motor vehicle for a period of:
(i) Not less than
sixty days if the driver is convicted of or is found to have committed a first
violation of a railroad-highway grade crossing violation;
(ii) Not less than
one hundred twenty days if the driver is convicted of or is found to have
committed a second railroad-highway grade crossing violation in separate
incidents within a three-year period;
(iii) Not less than
one year if the driver is convicted of or is found to have committed a third or
subsequent railroad-highway grade crossing violation in separate incidents
within a three-year period.
(8)
Within ten days after suspending, revoking, or canceling a commercial driver's
license, the department shall update its records to reflect that action. After
suspending, revoking, or canceling a nonresident commercial driver's
privileges, the department shall notify the licensing authority of the state
that issued the commercial driver's license.
