BILL REQ. #:  S-3988.2 

Read first time 01/15/08.   Referred to Committee on Transportation.

     AN ACT Relating to driver's license examinations; amending RCW 46.20.130 and 46.20.305; and reenacting and amending RCW 46.20.120.

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

Sec. 1   RCW 46.20.120 and 2005 c 314 s 306 and 2005 c 61 s 2 are each reenacted and amended to read as follows:
     An applicant for a new or renewed driver's license must successfully pass a driver licensing examination, conducted in English, to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.
     (1) Waiver. The department may waive:
     (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
     (b) All or any part of the examination involving operating a motor vehicle if the applicant:
     (i) Surrenders a valid driver's license issued by the person's previous home state; or
     (ii) Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and
     (iii) Is otherwise qualified to be licensed.
     (2) Fee. Each applicant for a new license must pay an examination fee of twenty dollars.
     (a) The examination fee is in addition to the fee charged for issuance of the license.
     (b) "New license" means a license issued to a driver:
     (i) Who has not been previously licensed in this state; or
     (ii) Whose last previous Washington license has been expired for more than five years.
     (3) An application for driver's license renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her license by mail or by electronic commerce when it last expired. However, the department may accept an application for renewal of a driver's license submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.
     (4) A person whose license expired or will expire while he or she is living outside the state, may:
     (a) Apply to the department to extend the validity of his or her license for no more than twelve months. If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of five dollars for each license extension;
     (b) Apply to the department to renew his or her license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.
     (5) If a qualified person submits an application for renewal under subsection (3)(b) or (4)(b) of this section, he or she is not required to pass an examination nor provide an updated photograph. A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

Sec. 2   RCW 46.20.130 and 2006 c 190 s 1 are each amended to read as follows:
     (1) The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:
     (a) A test of the applicant's eyesight and ability to see, understand, and follow highway signs regulating, warning, and directing traffic;
     (b) A test, conducted in English, of the applicant's knowledge of traffic laws and ability to understand and follow the directives of lawful authority, orally or graphically, that regulate, warn, and direct traffic in accordance with the traffic laws of this state;
     (c) An actual demonstration of the applicant's ability to operate a motor vehicle without jeopardizing the safety of persons or property. If the applicant is deaf or hearing impaired, the applicant may be accompanied by an interpreter to assist the applicant during the demonstration. The interpreter will be of the applicant's choosing from a list provided by the department of licensing; and
     (d) Such further examination as the director deems necessary:
     (i) To determine whether any facts exist that would bar the issuance of a vehicle operator's license under chapters 46.20, 46.21, and 46.29 RCW; and
     (ii) To determine the applicant's fitness to operate a motor vehicle safely on the highways.
     (2) If the applicant desires to drive a motorcycle or a motor-driven cycle he or she must qualify for a motorcycle endorsement under RCW 46.20.500 through 46.20.515.

Sec. 3   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.
     (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) 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.
     (6) Examinations under this section must comply with the requirements of RCW 46.20.130.