AN ACT Relating to
driving record abstracts furnished to transit authorities; and amending RCW
46.52.130.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.52.130 and 2001 c
309 s 1 are each amended to read as follows:
(1) A certified
abstract of the driving record shall be furnished only to:
(a) The
individual named in the abstract((,));
(b) An employer
or prospective employer or an agent acting on behalf of an employer or
prospective employer((,));
(c) An employee or
agent of a transit authority checking prospective volunteer vanpool drivers for
insurance and risk management needs;
(d) The
insurance carrier that has insurance in effect covering the employer or a
prospective employer((,));
(e) The
insurance carrier that has motor vehicle or life insurance in effect
covering the named individual((,));
(f) The
insurance carrier to which the named individual has applied((,));
(g) An
alcohol/drug assessment or treatment agency approved by the department of
social and health services, to which the named individual has applied or been
assigned for evaluation or treatment((,)); or
(h) City and
county prosecuting attorneys.
(2) City
attorneys and county prosecuting attorneys may provide the driving record to
alcohol/drug assessment or treatment agencies approved by the department of
social and health services to which the named individual has applied or been
assigned for evaluation or treatment.
(3) The
director, upon proper request, shall furnish a certified abstract covering the
period of not more than the last three years to insurance companies.
(4) Upon proper
request, the director shall furnish a certified abstract covering a period of
not more than the last five years to state approved alcohol/drug assessment or
treatment agencies, except that the certified abstract shall also include
records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a
period of not more than the last ten years.
(5) Upon proper
request, a certified abstract of the full driving record maintained by the
department shall be furnished to a city or county prosecuting attorney, to the
individual named in the abstract ((or)), to an employer or
prospective employer or an agent acting on behalf of an employer or prospective
employer of the named individual, or to an employee or agent of a transit
authority checking prospective volunteer vanpool drivers for insurance and risk
management needs.
(6) The
abstract, whenever possible, shall include:
(a) An
enumeration of motor vehicle accidents in which the person was driving;
(b) The total
number of vehicles involved;
(c) Whether the
vehicles were legally parked or moving;
(d) Whether the
vehicles were occupied at the time of the accident;
(e) Whether the
accident resulted in any fatality;
(f) Any reported
convictions, forfeitures of bail, or findings that an infraction was committed
based upon a violation of any motor vehicle law; ((and))
(g) The status
of the person's driving privilege in this state((. The enumeration shall
include)); and
(h) Any reports
of failure to appear in response to a traffic citation or failure to respond to
a notice of infraction served upon the named individual by an arresting
officer.
(7) Certified
abstracts furnished to prosecutors and alcohol/drug assessment or treatment
agencies shall also indicate whether a recorded violation is an alcohol-related
offense as defined in RCW 46.01.260(2) that was originally charged as one of
the alcohol-related offenses designated in RCW 46.01.260(2)(b)(i).
(8) The abstract
provided to the insurance company shall exclude any information, except that
related to the commission of misdemeanors or felonies by the individual,
pertaining to law enforcement officers or fire fighters as defined in RCW
41.26.030, or any officer of the Washington state patrol, while driving
official vehicles in the performance of occupational duty. The abstract
provided to the insurance company shall include convictions for RCW 46.61.5249
and 46.61.525 except that the abstract shall report them only as negligent
driving without reference to whether they are for first or second degree
negligent driving. The abstract provided to the insurance company shall exclude
any deferred prosecution under RCW 10.05.060, except that if a person is
removed from a deferred prosecution under RCW 10.05.090, the abstract shall
show the deferred prosecution as well as the removal.
(9) The director
shall collect for each abstract the sum of four dollars and fifty cents which
shall be deposited in the highway safety fund.
(10) Any
insurance company or its agent receiving the certified abstract shall use it
exclusively for its own underwriting purposes and shall not divulge any of the
information contained in it to a third party. No policy of insurance may be
canceled, nonrenewed, denied, or have the rate increased on the basis of such
information unless the policyholder was determined to be at fault. No
insurance company or its agent for underwriting purposes relating to the
operation of commercial motor vehicles may use any information contained in the
abstract relative to any person's operation of motor vehicles while not engaged
in such employment, nor may any insurance company or its agent for underwriting
purposes relating to the operation of noncommercial motor vehicles use any
information contained in the abstract relative to any person's operation of
commercial motor vehicles.
(11) Any
employer or prospective employer or an agent acting on behalf of an employer or
prospective employer receiving the certified abstract shall use it exclusively
for his or her own purpose to determine whether the licensee should be
permitted to operate a commercial vehicle or school bus upon the public
highways of this state and shall not divulge any information contained in it to
a third party.
(12) Any employee or
agent of a transit authority receiving a certified abstract for its vanpool
program shall use it exclusively for determining whether the volunteer licensee
meets those insurance and risk management requirements necessary to drive a
vanpool vehicle. The transit authority may not divulge any information
contained in the abstract to a third party.
(13) Any
alcohol/drug assessment or treatment agency approved by the department of
social and health services receiving the certified abstract shall use it
exclusively for the purpose of assisting its employees in making a
determination as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any information contained in
the abstract to a third party.
(14) Release of
a certified abstract of the driving record of an employee or prospective
employee requires a statement signed by: (((1))) (a) The
employee or prospective employee that authorizes the release of the record, and
(((2))) (b) the employer attesting that the information is
necessary to determine whether the licensee should be employed to operate a
commercial vehicle or school bus upon the public highways of this state. If
the employer or prospective employer authorizes an agent to obtain this
information on their behalf, this must be noted in the statement.
(15) Any
negligent violation of this section is a gross misdemeanor.
(16)
Any intentional violation of this section is a class C felony.
