S-0810.1  _______________________________________________

                         SENATE BILL 5301

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Patterson, Haugen, Oke, Jacobsen and Carlson

Read first time 01/18/2001.  Referred to Committee on Transportation.

Specifying conditions for requiring examination of a driver.

    AN ACT Relating to driver's license examinations and restrictions; amending RCW 46.20.305 and 46.63.020; adding a new section to chapter 42.17 RCW; and prescribing penalties.

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

    Sec. 1.  RCW 46.20.305 and 1999 c 351 s 3 are each amended to read as follows:

    (1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.

(a) The director has good cause to believe that a driver is incompetent or unqualified to retain his or her license on the basis of a report by:

(i) A law enforcement officer;

(ii) A physician;

(iii) A physical therapist;

(iv) An occupational therapist;

(v) A registered nurse;

(vi) A psychiatrist;

(vii) A psychologist; or

(viii) A member of the driver's immediate family, who has reached the age of eighteen years, except that no person may report the same family member under this section more than once during a three-month period.

(b) The report must state that the person reasonably and in good faith believes the driver cannot safely operate a motor vehicle, based upon personal observation or physical evidence that must be described in the report, or the report must be based upon an investigation by a law enforcement officer.  The report must be a written declaration in the form prescribed by the department and must contain the name, address, telephone number, and signature of the person making the report.  The department must review the report and the driver's record to determine whether a driver must submit to an examination.

(c) A report received by the department under this subsection is exempt from public inspection and copying under chapter 42.17 RCW.  The department shall not divulge the identity of the person making the report without that person's permission, except upon order of a court of competent jurisdiction.  A person who makes a report in good faith may not be held liable in a civil action based upon the contents of the report, the fact that it was made, or the consequences of the report.

(d) A person who intentionally files a false report under this section is guilty of a misdemeanor and is liable for damages that proximately result.

    (2) The department shall require a driver reported under RCW 46.52.070 (2) and (3) to submit to an examination.  The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for examination.

    (3) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.

    (4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041.  The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.

    (5) A driver whose condition is temporary in nature may petition the director for total or partial reinstatement of his or her license at the end of the temporary condition.  The request must be made on a form prescribed by the department and accompanied by a statement from a health care provider.  The director must decide the petition within thirty days of receipt of the petition.  A person whose petition for license reinstatement is denied may, within thirty days after the notice of denial has been given, request in writing a formal hearing before the department.  Except as otherwise provided in this section, the hearing is subject to and must be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332.

(6) The department may require payment of a fee by a person subject to examination under this section.  The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.

    Sec. 2.  RCW 46.63.020 and 1999 c 86 s 6 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)) 46.20.0921 relating to the unlawful possession and use of a driver's license;

    (13) RCW 46.20.305 relating to false reporting of an incompetent driver;

(14) 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)) 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;

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

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

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

    (((19))) (20) Chapter 46.29 RCW relating to financial responsibility;

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

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

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

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

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

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

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

    (((27))) (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;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (((47))) (48) 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;

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

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

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

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

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

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

    (((54))) (55) 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;

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

NEW SECTION. Sec. 3.  A new section is added to chapter 42.17 RCW to read as follows:

    A report filed with the department of licensing under RCW 46.20.305 that causes the director to commence an inquiry into a person's driving ability is exempt from the disclosure requirements of this chapter.

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