BILL REQ. #: S-1704.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/21/13.
AN ACT Relating to requirements for the operation of commercial motor vehicles in compliance with federal regulations; amending RCW 46.01.130, 46.25.010, 46.25.010, 46.25.050, 46.25.060, 46.25.070, 46.25.075, 46.25.080, 46.25.100, 46.25.130, 46.25.160, 46.61.667, and 46.61.668; adding new sections to chapter 46.25 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.01.130 and 2010 c 161 s 203 are each amended to
read as follows:
The director:
(1) Shall supervise and control the issuing of vehicle certificates
of title, vehicle registrations, and vehicle license plates, and has
the full power to do all things necessary and proper to carry out the
provisions of the law relating to the registration of vehicles;
(2) May appoint and employ deputies, assistants, representatives,
and clerks;
(3) May establish branch offices in different parts of the state;
(4) May appoint county auditors in Washington state or, in the
absence of a county auditor, the department or an official of county
government as agents for applications for and the issuance of vehicle
certificates of title and vehicle registrations; and
(5)(a) Shall investigate the conviction records and pending charges
of any current employee of or prospective employee being considered for
any position with the department ((that)) who has or will have:
(i)(A) The ability to create or modify records of applicants for
enhanced drivers' licenses and identicards issued under RCW 46.20.202;
and
(((ii))) (B) The ability to issue enhanced drivers' licenses and
identicards under RCW 46.20.202; or
(ii) The ability to conduct examinations under RCW 46.25.060.
(b) The investigation consists of a background check as authorized
under RCW 10.97.050, 43.43.833, and 43.43.834, and the federal bureau
of investigation. The background check must be conducted through the
Washington state patrol criminal identification section and may include
a national check from the federal bureau of investigation, which is
through the submission of fingerprints. The director shall use the
information solely to determine the character, suitability, and
competence of current or prospective employees subject to this section.
(c) The director shall investigate the conviction records and
pending charges of an employee subject to ((this subsection)):
(i) Subsection (5)(a)(i) of this section every five years; and
(ii) Subsection (5)(a)(ii) of this section as required under 49
C.F.R. Sec. 384.228 as it existed on the effective date of this
section, or such subsequent date as may be provided by the department
by rule, consistent with the purposes of this section.
(d) Criminal justice agencies shall provide the director with
information that they may possess and that the director may require
solely to determine the employment suitability of current or
prospective employees subject to this section.
Sec. 2 RCW 46.25.010 and 2011 c 227 s 1 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter.
(1) "Alcohol" means any substance containing any form of alcohol,
including but not limited to ethanol, methanol, propanol, and
isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters of
blood; or
(b) The number of grams of alcohol per two hundred ten liters of
breath.
(3) "Commercial driver's license" (CDL) means a license issued to
an individual under chapter 46.20 RCW that has been endorsed in
accordance with the requirements of this chapter to authorize the
individual to drive a class of commercial motor vehicle.
(4) The "commercial driver's license information system" (CDLIS) is
the information system established pursuant to 49 U.S.C. Sec. 31309 to
serve as a clearinghouse for locating information related to the
licensing and identification of commercial motor vehicle drivers.
(5) "Commercial driver's instruction permit" means a permit issued
under RCW 46.25.060(5).
(6) "Commercial motor vehicle" means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle:
(a) Has a gross ((vehicle)) combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001 pounds or more),
whichever is greater, inclusive of ((a)) any towed unit or units with
a gross vehicle weight rating or gross vehicle weight of more than
4,536 kilograms (10,000 pounds or more), whichever is greater; or
(b) Has a gross vehicle weight rating or gross vehicle weight of
11,794 kilograms or more (26,001 pounds or more), whichever is greater;
or
(c) Is designed to transport sixteen or more passengers, including
the driver; or
(d) Is of any size and is used in the transportation of hazardous
materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty
or nolo contendere accepted by the court, the payment of a fine or
court cost, entry into a deferred prosecution program under chapter
10.05 RCW, or violation of a condition of release without bail,
regardless of whether or not the penalty is rebated, suspended, or
probated.
(8) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical control of
a motor vehicle in any place open to the general public for purposes of
vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and
46.25.120, "drive" includes operation or physical control of a motor
vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009,
including, but not limited to, those substances defined by 49 C.F.R.
Sec. 40.3.
(11) "Employer" means any person, including the United States, a
state, or a political subdivision of a state, who owns or leases a
commercial motor vehicle, or assigns a person to drive a commercial
motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value specified
by the manufacturer as the maximum loaded weight of a single vehicle.
The GVWR of a combination or articulated vehicle, commonly referred to
as the "gross combined weight rating" or GCWR, is the GVWR of the power
unit plus the GVWR of the towed unit or units. If the GVWR of any unit
cannot be determined, the actual gross weight will be used. If a
vehicle with a GVWR of less than 11,794 kilograms (26,001 pounds or
less) has been structurally modified to carry a heavier load, then the
actual gross weight capacity of the modified vehicle, as determined by
RCW 46.44.041 and 46.44.042, will be used as the GVWR.
(13) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. Sec. 5103 and is required to be
placarded under subpart F of 49 C.F.R. Part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. Part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power used on highways, or
any other vehicle required to be registered under the laws of this
state, but does not include a vehicle, machine, tractor, trailer, or
semitrailer operated exclusively on a rail.
(15) "Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, state, Canadian, Mexican, or local
jurisdiction that a driver, a commercial motor vehicle, or a motor
carrier operation is out-of-service pursuant to 49 C.F.R. Secs. 386.72,
392.5, 395.13, 396.9, or compatible laws, or the North American uniform
out-of-service criteria.
(16) "Positive alcohol confirmation test" means an alcohol
confirmation test that:
(a) Has been conducted by a breath alcohol technician under 49
C.F.R. Part 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under
circumstances that constitute the refusal of an alcohol test under 49
C.F.R. Part 40, will be considered equivalent to a report of a positive
alcohol confirmation test for the purposes of this chapter.
(17) "School bus" means a commercial motor vehicle used to
transport preprimary, primary, or secondary school students from home
to school, from school to home, or to and from school-sponsored events.
School bus does not include a bus used as a common carrier.
(18) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or more
in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) Driving while using a hand-held mobile telephone, defined as a
violation of RCW 46.61.667(1)(b) or an equivalent administrative rule
or local law, ordinance, rule, or resolution;
(d) Texting, defined as a violation of RCW 46.61.668(1)(b) or an
equivalent administrative rule or local law, ordinance, rule, or
resolution;
(e) A violation of a state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection
with an accident or collision resulting in death to any person;
(((d))) (f) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(((e))) (g) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession; however, any individual
who provides proof to the court by the date the individual must appear
in court or pay any fine for such a violation, that the individual held
a valid CDL on the date the citation was issued, is not guilty of a
"serious traffic ((offense)) violation";
(((f))) (h) Driving a commercial motor vehicle without the proper
class of commercial driver's license endorsement or endorsements for
the specific vehicle group being operated or for the passenger or type
of cargo being transported; and
(((g))) (i) Any other violation of a state or local law relating to
motor vehicle traffic control, other than a parking violation, that the
department determines by rule to be serious.
(19) "State" means a state of the United States and the District of
Columbia.
(20) "Substance abuse professional" means an alcohol and drug
specialist meeting the credentials, knowledge, training, and continuing
education requirements of 49 C.F.R. Sec. 40.281.
(21) "Tank vehicle" means ((a)) any commercial motor vehicle that
is designed to transport ((a)) any liquid or gaseous materials within
a tank or tanks having an individual rated capacity of more than one
hundred nineteen gallons and an aggregate rated capacity of one
thousand gallons or more that is either permanently or temporarily
attached to the vehicle or the chassis. ((Tank vehicles include, but
are not limited to cargo tanks and portable tanks. However, this
definition does not include portable tanks having a rated capacity
under one thousand gallons.)) A commercial motor vehicle transporting
an empty storage container tank, not designed for transportation, with
a rated capacity of one thousand gallons or more that is temporarily
attached to a flatbed trailer is not considered a tank vehicle.
(22) "Type of driving" means one of the following:
(a) "Nonexcepted interstate," which means the CDL holder or
applicant operates or expects to operate in interstate commerce, is
both subject to and meets the qualification requirements under 49
C.F.R. Part 391 as it existed on January 30, 2012, or such subsequent
date as may be provided by the department by rule, consistent with the
purposes of this section, and is required to obtain a medical
examiner's certificate under 49 C.F.R. Sec. 391.45 as it existed on
January 30, 2012, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section;
(b) "Excepted interstate," which means the CDL holder or applicant
operates or expects to operate in interstate commerce, but engages
exclusively in transportation or operations excepted under 49 C.F.R.
Secs. 390.3(f), 391.2, 391.68, or 398.3, as they existed on January 30,
2012, or such subsequent date as may be provided by the department by
rule, consistent with the purposes of this section, from all or parts
of the qualification requirements of 49 C.F.R. Part 391 as it existed
on January 30, 2012, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section, and
is therefore not required to obtain a medical examiner's certificate
under 49 C.F.R. Sec. 391.45 as it existed on January 30, 2012, or such
subsequent date as may be provided by the department by rule,
consistent with the purposes of this section;
(c) "Nonexcepted intrastate," which means the CDL holder or
applicant operates only in intrastate commerce and is therefore subject
to state driver qualification requirements; or
(d) "Excepted intrastate," which means the CDL holder or applicant
operates in intrastate commerce, but engages exclusively in
transportation or operations excepted from all or parts of the state
driver qualification requirements.
(23) "United States" means the fifty states and the District of
Columbia.
(24) "Verified positive drug test" means a drug test result or
validity testing result from a laboratory certified under the authority
of the federal department of health and human services that:
(a) Indicates a drug concentration at or above the cutoff
concentration established under 49 C.F.R. Sec. 40.87; and
(b) Has undergone review and final determination by a medical
review officer.
A report that a person has refused a drug test, under circumstances
that constitute the refusal of a federal department of transportation
drug test under 49 C.F.R. Part 40, will be considered equivalent to a
report of a verified positive drug test for the purposes of this
chapter.
Sec. 3 RCW 46.25.010 and 2013 c ... s 2 (section 2 of this act)
are each amended to read as follows:
The definitions set forth in this section apply throughout this
chapter.
(1) "Alcohol" means any substance containing any form of alcohol,
including but not limited to ethanol, methanol, propanol, and
isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters of
blood; or
(b) The number of grams of alcohol per two hundred ten liters of
breath.
(3) "Commercial driver's license" (CDL) means a license issued to
an individual under chapter 46.20 RCW that has been endorsed in
accordance with the requirements of this chapter to authorize the
individual to drive a class of commercial motor vehicle.
(4) The "commercial driver's license information system" (CDLIS) is
the information system established pursuant to 49 U.S.C. Sec. 31309 to
serve as a clearinghouse for locating information related to the
licensing and identification of commercial motor vehicle drivers.
(5) "Commercial ((driver's instruction)) learner's permit" (CLP)
means a permit issued under ((RCW 46.25.060(5))) section 5 of this act
for the purposes of behind-the-wheel training.
(6) "Commercial motor vehicle" means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle:
(a) Has a gross combination weight rating or gross combination
weight of 11,794 kilograms or more (26,001 pounds or more), whichever
is greater, inclusive of a towed unit with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds or more), whichever is greater; or
(b) Has a gross vehicle weight rating or gross vehicle weight of
11,794 kilograms or more (26,001 pounds or more), whichever is greater;
or
(c) Is designed to transport sixteen or more passengers, including
the driver; or
(d) Is of any size and is used in the transportation of hazardous
materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty
or nolo contendere accepted by the court, the payment of a fine or
court cost, entry into a deferred prosecution program under chapter
10.05 RCW, or violation of a condition of release without bail,
regardless of whether or not the penalty is rebated, suspended, or
probated.
(8) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical control of
a motor vehicle in any place open to the general public for purposes of
vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and
46.25.120, "drive" includes operation or physical control of a motor
vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009,
including, but not limited to, those substances defined by 49 C.F.R.
Sec. 40.3.
(11) "Employer" means any person, including the United States, a
state, or a political subdivision of a state, who owns or leases a
commercial motor vehicle, or assigns a person to drive a commercial
motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value specified
by the manufacturer as the maximum loaded weight of a single vehicle.
The GVWR of a combination or articulated vehicle, commonly referred to
as the "gross combined weight rating" or GCWR, is the GVWR of the power
unit plus the GVWR of the towed unit or units. If the GVWR of any unit
cannot be determined, the actual gross weight will be used. If a
vehicle with a GVWR of less than 11,794 kilograms (26,001 pounds or
less) has been structurally modified to carry a heavier load, then the
actual gross weight capacity of the modified vehicle, as determined by
RCW 46.44.041 and 46.44.042, will be used as the GVWR.
(13) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. Sec. 5103 and is required to be
placarded under subpart F of 49 C.F.R. Part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. Part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power used on highways, or
any other vehicle required to be registered under the laws of this
state, but does not include a vehicle, machine, tractor, trailer, or
semitrailer operated exclusively on a rail.
(15) "Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, state, Canadian, Mexican, or local
jurisdiction that a driver, a commercial motor vehicle, or a motor
carrier operation is out-of-service pursuant to 49 C.F.R. Secs. 386.72,
392.5, 395.13, 396.9, or compatible laws, or the North American uniform
out-of-service criteria.
(16) "Positive alcohol confirmation test" means an alcohol
confirmation test that:
(a) Has been conducted by a breath alcohol technician under 49
C.F.R. Part 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under
circumstances that constitute the refusal of an alcohol test under 49
C.F.R. Part 40, will be considered equivalent to a report of a positive
alcohol confirmation test for the purposes of this chapter.
(17) "School bus" means a commercial motor vehicle used to
transport preprimary, primary, or secondary school students from home
to school, from school to home, or to and from school-sponsored events.
School bus does not include a bus used as a common carrier.
(18) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or more
in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) Driving while using a hand-held wireless communications device,
defined as a violation of RCW 46.61.667(1)(b) or an equivalent
administrative rule or local law, ordinance, rule, or resolution;
(d) Texting, defined as a violation of RCW 46.61.668(1)(b) or an
equivalent administrative rule or local law, ordinance, rule, or
resolution;
(e) A violation of a state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection
with an accident or collision resulting in death to any person;
(f) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(g) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession; however, any individual
who provides proof to the court by the date the individual must appear
in court or pay any fine for such a violation, that the individual held
a valid CDL on the date the citation was issued, is not guilty of a
"serious traffic violation";
(h) Driving a commercial motor vehicle without the proper class of
commercial driver's license endorsement or endorsements for the
specific vehicle group being operated or for the passenger or type of
cargo being transported; and
(i) Any other violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, that the
department determines by rule to be serious.
(19) "State" means a state of the United States and the District of
Columbia.
(20) "Substance abuse professional" means an alcohol and drug
specialist meeting the credentials, knowledge, training, and continuing
education requirements of 49 C.F.R. Sec. 40.281.
(21) "Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank or
tanks having an individual rated capacity of more than one hundred
nineteen gallons and an aggregate rated capacity of one thousand
gallons or more that is either permanently or temporarily attached to
the vehicle or the chassis. A commercial motor vehicle transporting an
empty storage container tank, not designed for transportation, with a
rated capacity of one thousand gallons or more that is temporarily
attached to a flatbed trailer is not considered a tank vehicle.
(22) "Type of driving" means one of the following:
(a) "Nonexcepted interstate," which means the CDL or CLP holder or
applicant operates or expects to operate in interstate commerce, is
both subject to and meets the qualification requirements under 49
C.F.R. Part 391 as it existed on ((January 30, 2012)) the effective
date of this section, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section, and
is required to obtain a medical examiner's certificate under 49 C.F.R.
Sec. 391.45 as it existed on ((January 30, 2012)) the effective date of
this section, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section;
(b) "Excepted interstate," which means the CDL or CLP holder or
applicant operates or expects to operate in interstate commerce, but
engages exclusively in transportation or operations excepted under 49
C.F.R. Secs. 390.3(f), 391.2, 391.68, or 398.3, as they existed on
((January 30, 2012)) the effective date of this section, or such
subsequent date as may be provided by the department by rule,
consistent with the purposes of this section, from all or parts of the
qualification requirements of 49 C.F.R. Part 391 as it existed on
((January 30, 2012)) the effective date of this section, or such
subsequent date as may be provided by the department by rule,
consistent with the purposes of this section, and is therefore not
required to obtain a medical examiner's certificate under 49 C.F.R.
Sec. 391.45 as it existed on ((January 30, 2012)) the effective date of
this section, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section;
(c) "Nonexcepted intrastate," which means the CDL or CLP holder or
applicant operates only in intrastate commerce and is therefore subject
to state driver qualification requirements; or
(d) "Excepted intrastate," which means the CDL or CLP holder or
applicant operates in intrastate commerce, but engages exclusively in
transportation or operations excepted from all or parts of the state
driver qualification requirements.
(23) "United States" means the fifty states and the District of
Columbia.
(24) "Verified positive drug test" means a drug test result or
validity testing result from a laboratory certified under the authority
of the federal department of health and human services that:
(a) Indicates a drug concentration at or above the cutoff
concentration established under 49 C.F.R. Sec. 40.87; and
(b) Has undergone review and final determination by a medical
review officer.
A report that a person has refused a drug test, under circumstances
that constitute the refusal of a federal department of transportation
drug test under 49 C.F.R. Part 40, will be considered equivalent to a
report of a verified positive drug test for the purposes of this
chapter.
Sec. 4 RCW 46.25.050 and 2011 c 142 s 1 are each amended to read
as follows:
(1) Drivers of commercial motor vehicles ((shall)) must obtain a
commercial driver's license as required under this chapter. Except
when driving under a commercial ((driver's instruction)) learner's
permit and a valid ((automobile or classified)) driver's license and
accompanied by the holder of a commercial driver's license valid for
the vehicle being driven, no person may drive a commercial motor
vehicle unless the person holds and is in immediate possession of a
commercial driver's license and applicable endorsements valid for the
vehicle they are driving. However, this requirement does not apply to
any person:
(a) Who is the operator of a farm vehicle, and the vehicle is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which in this
section include Christmas trees and wood products harvested from
private tree farms and transported by vehicles weighing no more than
forty thousand pounds licensed gross vehicle weight, farm machinery,
farm supplies, animal manure, animal manure compost, or any combination
of those materials to or from a farm;
(iii) Not used in the operations of a common or contract motor
carrier; and
(iv) Used within one hundred fifty miles of the person's farm; or
(b) Who is a firefighter or law enforcement officer operating
emergency equipment, and:
(i) The firefighter or law enforcement officer has successfully
completed a driver training course approved by the director; and
(ii) The firefighter or law enforcement officer carries a
certificate attesting to the successful completion of the approved
training course; or
(c) Who is operating a recreational vehicle for noncommercial
purposes. As used in this section, "recreational vehicle" includes a
vehicle towing a horse trailer for a noncommercial purpose; or
(d) Who is operating a commercial motor vehicle for military
purposes. This exception is applicable to active duty military
personnel; members of the military reserves; members of the national
guard on active duty, including personnel on full-time national guard
duty, personnel on part-time national guard training, and national
guard military technicians (civilians who are required to wear military
uniforms); and active duty United States coast guard personnel. This
exception is not applicable to United States reserve technicians.
(2) No person may drive a commercial motor vehicle while his or her
driving privilege is suspended, revoked, or canceled, while subject to
disqualification, or in violation of an out-of-service order.
Violations of this subsection shall be punished in the same way as
violations of RCW 46.20.342(1).
(3) The department ((shall)) must, to the extent possible, enter
into reciprocity agreements with adjoining states to allow the waivers
described in subsection (1) of this section to apply to drivers holding
commercial driver's licenses from those adjoining states.
NEW SECTION. Sec. 5 A new section is added to chapter 46.25 RCW
to read as follows:
(1) The department may issue a CLP to an applicant who is at least
eighteen years of age and holds a valid Washington state driver's
license and who has:
(a) Submitted an application on a form or in a format provided by
the department;
(b) Passed the general knowledge examination required for issuance
of a CDL under RCW 46.25.060 for the commercial motor vehicle
classification in which the applicant operates or expects to operate;
and
(c) Paid the appropriate examination fee or fees and an application
fee of ten dollars.
(2) A CLP must be marked "commercial learner's permit" or "CLP,"
and must be, to the maximum extent practicable, tamperproof. Other
than a photograph of the applicant, it must include, but not be limited
to, the information required on a CDL under RCW 46.25.080(1).
(3) The holder of a CLP may drive a commercial motor vehicle on a
highway only when in possession of a valid driver's license and
accompanied by the holder of a valid CDL who has the proper CDL
classification and endorsement or endorsements necessary to operate the
commercial motor vehicle. The CDL holder must at all times be
physically present in the front seat of the vehicle next to the CLP
holder or, in the case of a passenger vehicle, directly behind or in
the first row behind the driver and must have the CLP holder under
observation and direct supervision.
(4) A CLP may be classified in the same manner as a CDL under RCW
46.25.080(2)(a).
(5) CLPs may be issued with only P, S, or N endorsements as
described in RCW 46.25.080(2)(b).
(a) The holder of a CLP with a P endorsement must have taken and
passed the P endorsement knowledge examination. The holder of a CLP
with a P endorsement is prohibited from operating a commercial motor
vehicle carrying passengers other than authorized employees or
representatives of the department and the federal motor carrier safety
administration, examiners, other trainees, and the CDL holder
accompanying the CLP holder as required under subsection (2) of this
section. The P endorsement must be class specific.
(b) The holder of a CLP with an S endorsement must have taken and
passed the S endorsement knowledge examination. The holder of a CLP
with an S endorsement is prohibited from operating a school bus with
passengers other than authorized employees or representatives of the
department and the federal motor carrier safety administration,
examiners, other trainees, and the CDL holder accompanying the CLP
holder as required under subsection (2) of this section.
(c) The holder of a CLP with an N endorsement must have taken and
passed the N endorsement knowledge examination. The holder of a CLP
with an N endorsement may only operate an empty tank vehicle and is
prohibited from operating any tank vehicle that previously contained
hazardous materials and has not been purged of any residue.
(6) A CLP may be issued with appropriate restrictions as described
in RCW 46.25.080(2)(c). In addition, a CLP may be issued with the
following restrictions:
(a) "P" restricts the driver from operating a bus with passengers;
(b) "X" restricts the driver from operating a tank vehicle that
contains cargo; and
(c) Any restriction as established by rule of the department.
(7) The holder of a CLP is not authorized to operate a commercial
motor vehicle transporting hazardous materials.
(8) A CLP may not be issued for a period to exceed one hundred
eighty days. The department may renew the CLP for one additional one
hundred eighty-day period without requiring the CLP holder to retake
the general and endorsement knowledge examinations.
(9) The department must transmit the fees collected for CLPs to the
state treasurer for deposit in the highway safety fund.
Sec. 6 RCW 46.25.060 and 2011 c 153 s 1 are each amended to read
as follows:
(1)(a) No person may be issued a commercial driver's license unless
that person:
(i) Is a resident of this state((,));
(ii) Has successfully completed a course of instruction in the
operation of a commercial motor vehicle that has been approved by the
director or has been certified by an employer as having the skills and
training necessary to operate a commercial motor vehicle safely((,));
(iii) Has been issued a commercial learner's permit under section
5 of this act. However, this subsection (1)(a)(iii) does not apply if
the person currently holds a valid commercial driver's license of the
appropriate classification; and
(iv) Has passed a knowledge and skills ((test)) examination for
driving a commercial motor vehicle that complies with minimum federal
standards established by federal regulation enumerated in 49 C.F.R.
Part 383, subparts F, G, and H, ((and has satisfied all other
requirements of the CMVSA)) in addition to other requirements imposed
by state law or federal regulation. The department may not allow the
person to take the skills examination during the first fourteen days
after initial issuance of the person's commercial learner's permit.
The ((tests)) examinations must be prescribed and conducted by the
department.
(b) In addition to the fee charged for issuance or renewal of any
license, the applicant shall pay a fee of no more than ten dollars for
each classified knowledge examination, classified endorsement knowledge
examination, or any combination of classified license and endorsement
knowledge examinations. The applicant shall pay a fee of no more than
one hundred dollars for each classified skill examination or
combination of classified skill examinations conducted by the
department.
(((b))) (c) The department may authorize a person, including an
agency of this or another state, an employer, a private driver training
facility, or other private institution, or a department, agency, or
instrumentality of local government, to administer the skills ((test))
examination specified by this section under the following conditions:
(i) The ((test)) examination is the same which would otherwise be
administered by the state;
(ii) The third party has entered into an agreement with the state
that complies with the requirements of 49 C.F.R. ((part)) Sec. 383.75;
and
(iii) The director has adopted rules as to the third party testing
program and the development and justification for fees charged by any
third party.
(((c))) (d) If the applicant's primary use of a commercial driver's
license is for any of the following, then the applicant shall pay a fee
of no more than seventy-five dollars for each classified skill
examination or combination of classified skill examinations whether
conducted by the department or a third-party tester:
(i) Public benefit not-for-profit corporations that are federally
supported head start programs; or
(ii) Public benefit not-for-profit corporations that support early
childhood education and assistance programs as described in RCW
43.215.405(2).
(2) ((The department shall work with the office of the
superintendent of public instruction to develop modified P1 and P2
skill examinations that also include the skill examination components
required to obtain an "S" endorsement. In no event may a new applicant
for an "S" endorsement be required to take two separate examinations to
obtain an "S" endorsement and either a P1 or P2 endorsement, unless
that applicant is upgrading his or her existing commercial driver's
license to include an "S" endorsement. The combined P1/S or P2/S skill
examination must be offered to the applicant at the same cost as a
regular P1 or P2 skill examination.))(a) The department may waive the skills ((
(3)test)) examination
and the requirement for completion of a course of instruction in the
operation of a commercial motor vehicle specified in this section for
a commercial driver's license applicant who meets the requirements of
49 C.F.R. ((part)) Sec. 383.77.
(b) An applicant who operates a commercial motor vehicle for
agribusiness purposes is exempt from the course of instruction
completion and employer skills and training certification requirements
under this section. By January 1, 2010, the department shall submit
recommendations regarding the continuance of this exemption to the
transportation committees of the legislature. For purposes of this
subsection (((3))) (2)(b), "agribusiness" means a private carrier who
in the normal course of business primarily transports:
(i) Farm machinery, farm equipment, implements of husbandry, farm
supplies, and materials used in farming;
(ii) Agricultural inputs, such as seed, feed, fertilizer, and crop
protection products;
(iii) Unprocessed agricultural commodities, as defined in RCW
17.21.020, where such commodities are produced by farmers, ranchers,
vineyardists, or orchardists; or
(iv) Any combination of (b)(i) through (iii) of this subsection.
The department shall notify the transportation committees of the
legislature if the federal government takes action affecting the
exemption provided in this subsection (((3))) (2)(b).
(((4))) (3) A commercial driver's license or commercial ((driver's
instruction)) learner's permit may not be issued to a person while the
person is subject to a disqualification from driving a commercial motor
vehicle, or while the person's driver's license is suspended, revoked,
or canceled in any state, nor may a commercial driver's license be
issued to a person who has a commercial driver's license issued by any
other state unless the person first surrenders all such licenses, which
must be returned to the issuing state for cancellation.
(((5)(a) The department may issue a commercial driver's instruction
permit to an applicant who is at least eighteen years of age and holds
a valid Washington state driver's license and who has submitted a
proper application, passed the general knowledge examination required
for issuance of a commercial driver's license under subsection (1) of
this section, and paid the appropriate fee for the knowledge
examination and an application fee of ten dollars.))
(b) A commercial driver's instruction permit may not be issued for
a period to exceed six months. Only one renewal or reissuance may be
granted within a two-year period.
(c) The holder of a commercial driver's instruction permit may
drive a commercial motor vehicle on a highway only when accompanied by
the holder of a commercial driver's license valid for the type of
vehicle driven who occupies a seat beside the individual for the
purpose of giving instruction in driving the commercial motor vehicle.
The holder of a commercial driver's instruction permit is not
authorized to operate a commercial motor vehicle transporting hazardous
materials.
(d) The department shall transmit the fees collected for commercial
driver's instruction permits to the state treasurer.
Sec. 7 RCW 46.25.070 and 2004 c 187 s 4 are each amended to read
as follows:
(1) The application for a commercial driver's license or commercial
((driver's instruction)) learner's permit must include the following:
(a) The full name and current mailing and residential address of
the person;
(b) A physical description of the person, including sex, height,
weight, and eye color;
(c) Date of birth;
(d) The applicant's social security number;
(e) The person's signature;
(f) Certifications including those required by 49 C.F.R. ((part))
Sec. 383.71(((a)));
(g) The names of all states where the applicant has previously been
licensed to drive any type of motor vehicle during the previous ten
years;
(h) Any other information required by the department; and
(i) A consent to release driving record information to parties
identified in chapter 46.52 RCW and this chapter.
(2) An applicant for a commercial driver's license or commercial
learner's permit, and every licensee seeking to renew his or her
license, must meet the requirements of 49 C.F.R. Sec. 383.71 as it
existed on the effective date of this section, or such subsequent date
as may be provided by the department by rule, consistent with the
purposes of this section.
(3) An applicant for a hazardous materials endorsement must submit
an application and comply with federal transportation security
administration requirements as specified in 49 C.F.R. Part 1572((, and
meet the requirements specified in 49 C.F.R. 383.71(a)(9))).
(((3))) (4) When a licensee changes his or her name, mailing
address, or residence address, the person shall notify the department
as provided in RCW 46.20.205.
(((4))) (5) No person who has been a resident of this state for
thirty days may drive a commercial motor vehicle under the authority of
a commercial driver's license issued by another jurisdiction.
Sec. 8 RCW 46.25.075 and 2011 c 227 s 3 are each amended to read
as follows:
(1)(((a))) Any person applying for a CDL or CLP must certify that
he or she is or expects to be engaged in one of the following types of
driving:
(((i))) (a) Nonexcepted interstate;
(((ii))) (b) Excepted interstate;
(((iii))) (c) Nonexcepted intrastate; or
(((iv))) (d) Excepted intrastate.
(((b) From January 30, 2012, to January 30, 2014, the department
may require that any person holding a CDL prior to January 30, 2012,
must provide the department with the certification required under (a)
of this subsection. The CDL of a person failing to submit the required
certification is subject to downgrade under subsection (4) of this
section.))
(2) A CDL or CLP applicant or holder who certifies under subsection
(1)(a)(((i))) of this section that he or she is or expects to be
engaged in nonexcepted interstate commerce must provide a copy of a
medical examiner's certificate prepared by a medical examiner, as
defined in 49 C.F.R. Sec. 390.5 as it existed on ((January 30, 2012))
the effective date of this section, or such subsequent date as may be
provided by the department by rule, consistent with the purposes of
this section. Upon submission, a copy of the medical examiner's
certificate must be date-stamped by the department. A CDL or CLP
holder who certifies under subsection (1)(a)(((i))) of this section
must submit a copy of each subsequently issued medical examiner's
certificate.
(3) For each operator of a commercial motor vehicle required to
have a ((commercial driver's license)) CDL or CLP, the department must
meet the following requirements:
(a)(i) The driver's self-certification of type of driving under
subsection (1) of this section must be maintained on the driver's
record and the CDLIS driver record;
(ii) The copy of a medical examiner's certificate, when submitted
under subsection (2) of this section, must ((by [be])) be retained for
three years beyond the date the certificate was issued; and
(iii) When a medical examiner's certificate is submitted under
subsection (2) of this section, the information required under 49
C.F.R. Sec. 383.73(((j)(1)(iii))) as it existed on ((January 30, 2012))
the effective date of this section, or such subsequent date as may be
provided by the department by rule, consistent with the purposes of
this section must be posted to the CDLIS driver record within ten
calendar days from the date submitted. The indicator of medical
certification status, such as "certified" or "not-certified," must be
maintained on the driver's record.
(b) Within ten calendar days of the driver's medical certification
status expiring or a medical variance expiring or being rescinded, the
medical certification status of the driver must be updated to "not-certified."
(c) Within ten calendar days of receiving information from the
federal motor carrier safety administration regarding issuance or
renewal of a medical variance for a driver, the department must update
the CDLIS driver record to include the medical variance information.
(4)(a) If a driver's medical certification or medical variance
expires, or the federal motor carrier safety administration notifies
the department that a medical variance was removed or rescinded, the
department must:
(i) Notify the driver of his or her "not-certified" medical
certification status and that the ((CDL)) privilege of operating a
commercial motor vehicle will be removed from the ((driver's license))
CDL or CLP unless the driver submits a current medical certificate or
medical variance, or changes his or her self-certification to driving
only in excepted or intrastate commerce; and
(ii) Initiate procedures for downgrading the ((license)) CDL or
CLP. The CDL or CLP downgrade must be completed and recorded within
sixty days of the driver's medical certification status becoming "not-certified" to operate a commercial motor vehicle.
(b) ((Beginning January 30, 2014,)) If a driver fails to provide
the department with the certification required in subsection (1) of
this section, or a current medical examiner's certificate if the driver
self-certifies under subsection (1)(a)(((i))) of this section that he
or she is operating in nonexcepted interstate commerce as required in
subsection (2) of this section, the department must mark the CDLIS
driver record as "not-certified" and initiate a CDL or CLP downgrade in
accordance with (a)(ii) of this subsection.
(c) A driver whose CDL or CLP has been downgraded under this
subsection may restore the CDL or CLP privilege by providing the
necessary certifications or medical variance information to the
department.
Sec. 9 RCW 46.25.080 and 2011 c 227 s 2 are each amended to read
as follows:
(1) The commercial driver's license must be marked "commercial
driver's license" or "CDL," and must be, to the maximum extent
practicable, tamperproof. It must include, but not be limited to, the
following information:
(a) The name and residence address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex, height,
weight, and eye color;
(d) Date of birth;
(e) The person's social security number or any number or identifier
deemed appropriate by the department;
(f) The person's signature;
(g) The class or type of commercial motor vehicle or vehicles that
the person is authorized to drive, together with any endorsements or
restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver's licenses may be issued with the
classifications, endorsements, and restrictions set forth in this
subsection. The holder of a valid commercial driver's license may
drive all vehicles in the class for which that license is issued and
all lesser classes of vehicles except motorcycles and vehicles that
require an endorsement, unless the proper endorsement appears on the
license.
(a) Licenses may be classified as follows:
(i) Class A is a combination ((of vehicles with a gross combined
weight rating (GCWR) of 26,001 pounds or more, if the GVWR of the
vehicle or vehicles being towed is in excess of 10,000 pounds))
vehicle.
(ii) Class B is a ((single vehicle with a GVWR of 26,001 pounds or
more, and any such vehicle towing a vehicle not in excess of 10,000
pounds)) heavy straight vehicle.
(iii) Class C is a ((single vehicle with a GVWR of less than 26,001
pounds or any such vehicle towing a vehicle with a GVWR not in excess
of 10,000 pounds consisting of)) small vehicle that is:
(A) ((Vehicles)) Designed to transport sixteen or more passengers,
including the driver; or
(B) ((Vehicles)) Used in the transportation of hazardous materials.
(b) The following endorsements ((and restrictions)) may be placed
on a license:
(i) "H" authorizes the driver to drive a vehicle transporting
hazardous materials.
(ii) (("K" restricts the driver to vehicles not equipped with air
brakes.)) "T" authorizes driving double and triple trailers.
(iii)
(((iv) "P1" authorizes driving all vehicles, other than school
buses, carrying passengers.)) (iii) "P" authorizes driving vehicles carrying passengers,
other than school buses.
(v) "P2" authorizes driving vehicles with a GVWR of less than
26,001 pounds, other than school buses, carrying sixteen or more
passengers, including the driver.
(vi)
(iv) "N" authorizes driving tank vehicles.
(((vii))) (v) "X" represents a combination of hazardous materials
and tank vehicle endorsements.
(((viii))) (vi) "S" authorizes driving school buses.
(((ix))) (c) The following restrictions may be placed on a license:
(i) "E" restricts the driver from operating a commercial motor
vehicle equipped with a manual transmission.
(ii) "K" restricts the driver from interstate operation of a
commercial motor vehicle.
(iii) "L" restricts the driver from operating a commercial motor
vehicle equipped with air brakes.
(iv) "M" restricts the driver from operating class A passenger
vehicles.
(v) "N" restricts the driver from operating class A and B passenger
vehicles.
(vi) "O" restricts the driver from operating tractor-trailer
commercial motor vehicles.
(vii) "V" means that the driver has been issued a medical variance.
(viii) "Z" restricts the driver from operating a commercial motor
vehicle equipped with full air brakes.
(d) The license may be issued with additional endorsements and
restrictions as established by rule of the director.
(((3) All school bus drivers must have either a "P1" or "P2"
endorsement depending on the GVWR of the school bus being driven.))
(4) Before issuing a commercial driver's license, the department
shall obtain driving record information:
(a) Through the commercial driver's license information system;
(b) Through the national driver register;
(c) From the current state of record; and
(d) From all states where the applicant was previously licensed
over the last ten years to drive any type of motor vehicle.
A check under (d) of this subsection need be done only once, either
at the time of application for a new commercial driver's license, or
upon application for a renewal of a commercial driver's license for the
first time after July 1, 2005, provided a notation is made on the
driver's record confirming that the driving record check has been made
and noting the date it was completed.
(5) Within ten days after issuing a commercial driver's license,
the department must notify the commercial driver's license information
system of the information required under 49 C.F.R. Sec. 383.73 as it
existed on January 30, 2012, or such subsequent date as may be provided
by the department by rule, consistent with the purposes of this section
and provide all information required to ensure identification of the
person.
(6) A commercial driver's license shall expire in the same manner
as provided in RCW 46.20.181.
(7) When applying for renewal of a commercial driver's license, the
applicant shall:
(a) Complete the application form required by RCW 46.25.070(1),
providing updated information and required certifications;
(b) Submit the application to the department in person; and
(c) If the applicant wishes to retain a hazardous materials
endorsement, take and pass the written test for a hazardous materials
endorsement.
NEW SECTION. Sec. 10 A new section is added to chapter 46.25 RCW
to read as follows:
(1)(a) Before issuing a CDL or CLP, the department must obtain
driving record information:
(i) Through the commercial driver's license information system;
(ii) Through the national driver register;
(iii) From the current state of record; and
(iv) From all states where the applicant was previously licensed
over the last ten years to drive any type of motor vehicle.
(b) A driving record check under (a)(iv) of this subsection need
only be performed once at the time of initial issuance of a CDL or CLP,
provided a notation is made on the driver's record confirming that the
driving record check has been made and noting the date it was
completed.
(2) Within ten days after issuing a CDL or CLP, the department must
notify the commercial driver's license information system of the
information required under 49 C.F.R. Sec. 383.73 as it existed on the
effective date of this section, or such subsequent date as may be
provided by the department by rule, consistent with the purposes of
this section and provide all information required to ensure
identification of the person.
NEW SECTION. Sec. 11 A new section is added to chapter 46.25 RCW
to read as follows:
(1) A CDL expires in the same manner as provided in RCW 46.20.181.
(2) When applying for renewal of a CDL, the applicant must:
(a) Complete the application form required under RCW 46.25.070(1),
providing updated information and required certifications, and meet all
the requirements of RCW 46.25.070 and 49 C.F.R. Sec. 383.71;
(b) Submit the application to the department in person; and
(c) If the applicant wishes to retain a hazardous materials
endorsement, take and pass the written test for a hazardous materials
endorsement.
Sec. 12 RCW 46.25.100 and 2002 c 272 s 4 are each amended to read
as follows:
When a person has been disqualified from operating a commercial
motor vehicle, the person is not entitled to have the commercial
driver's license or commercial learner's permit restored until after
the expiration of the appropriate disqualification period required
under RCW 46.25.090 or until the department has received a drug and
alcohol assessment and evidence is presented of satisfactory
participation in or completion of any required drug or alcohol
treatment program for ending the disqualification under RCW
46.25.090(7). After expiration of the appropriate period and upon
payment of a requalification fee of twenty dollars, or one hundred
fifty dollars if the person has been disqualified under RCW
46.25.090(7), the person may apply for a new, duplicate, or renewal
commercial driver's license or commercial learner's permit as provided
by law. If the person has been disqualified for a period of one year
or more, the person shall demonstrate that he or she meets the
commercial driver's license or commercial learner's permit
qualification standards specified in RCW 46.25.060.
Sec. 13 RCW 46.25.130 and 2004 c 187 s 8 are each amended to read
as follows:
(1) Within ten days after receiving a report of the conviction of
or finding that a traffic infraction has been committed by any
nonresident holder of a commercial driver's license or commercial
learner's permit, or any nonresident operating a commercial motor
vehicle, for any violation of state law or local ordinance relating to
motor vehicle traffic control, other than parking violations, the
department shall notify the driver licensing authority in the licensing
state of the conviction.
(2)(a) No later than ten days after disqualifying any nonresident
holder of a commercial driver's license or commercial learner's permit
from operating a commercial motor vehicle, or revoking, suspending, or
canceling the nonresident driving privileges of the nonresident holder
of a commercial driver's license or commercial learner's permit for at
least sixty days, the department must notify the state that issued the
license of the disqualification, revocation, suspension, or
cancellation.
(b) The notification must include both the disqualification and the
violation that resulted in the disqualification, revocation,
suspension, or cancellation. The notification and the information it
provides must be recorded on the driver's record.
Sec. 14 RCW 46.25.160 and 2004 c 187 s 9 are each amended to read
as follows:
Notwithstanding any law to the contrary, a person may drive a
commercial motor vehicle if the person has a commercial driver's
license or commercial ((driver's instruction)) learner's permit issued
by any state or jurisdiction in accordance with the minimum federal
standards for the issuance of commercial motor vehicle driver's
licenses or permits, if the person's license or permit is not
suspended, revoked, or canceled, and if the person is not disqualified
from driving a commercial motor vehicle or is subject to an out-of-service order.
Sec. 15 RCW 46.61.667 and 2010 c 223 s 3 are each amended to read
as follows:
(1)(a) Except as provided in subsections (2)(a) and (3)(a) of this
section, a person operating a moving motor vehicle while holding a
wireless communications device to his or her ear is guilty of a traffic
infraction.
(b) Except as provided in subsection (2)(b) and (3)(b) of this
section, a person driving a commercial motor vehicle, as defined in RCW
46.25.010, including while temporarily stationary because of traffic,
a traffic control device, or other momentary delays, while using a
hand-held mobile telephone is guilty of a traffic infraction. For
purposes of this subsection, "driving" does not include operating a
commercial motor vehicle with or without the motor running when the
driver has moved the vehicle to the side of, or off, a highway and has
stopped in a location where the vehicle can safely remain stationary.
(2)(a) Subsection (1)(a) of this section does not apply to a person
operating:
(((a))) (i) An authorized emergency vehicle, or a tow truck
responding to a disabled vehicle;
(((b))) (ii) A moving motor vehicle using a wireless communications
device in hands-free mode;
(((c))) (iii) A moving motor vehicle using a hand-held wireless
communications device to:
(((i))) (A) Report illegal activity;
(((ii))) (B) Summon medical or other emergency help;
(((iii))) (C) Prevent injury to a person or property; or
(((iv))) (D) Relay information that is time sensitive between a
transit or for-hire operator and that operator's dispatcher, in which
the device is permanently affixed to the vehicle; or
(((d))) (iv) A moving motor vehicle while using a hearing aid.
(b) Subsection (1)(b) of this section does not apply to a person
operating a commercial motor vehicle:
(i) When necessary to communicate with law enforcement officials or
other emergency services; or
(ii) Using a mobile telephone in hands-free mode.
(3)(a) Subsection (1)(a) of this section does not restrict the
operation of an amateur radio station by a person who holds a valid
amateur radio operator license issued by the federal communications
commission.
(b) Subsection (1)(b) of this section does not restrict the
operation of two-way or citizens band radio services.
(4) For purposes of this section, "hands-free mode" means the use
of a wireless communications device with a speaker phone, headset, or
earpiece.
(5) The state preempts the field of regulating the use of wireless
communications devices in motor vehicles, and this section supersedes
any local laws, ordinances, orders, rules, or regulations enacted by a
political subdivision or municipality to regulate the use of wireless
communications devices by the operator of a motor vehicle.
(6) Infractions that result from the use of a wireless
communications device while operating a motor vehicle under subsection
(1)(a) of this section shall not become part of the driver's record
under RCW 46.52.101 and 46.52.120. Additionally, a finding that a
person has committed a traffic infraction under subsection (1)(a) of
this section shall not be made available to insurance companies or
employers.
Sec. 16 RCW 46.61.668 and 2010 c 223 s 4 are each amended to read
as follows:
(1)(a) Except as provided in subsection (2)(a) of this section, a
person operating a moving noncommercial motor vehicle who, by means of
an electronic wireless communications device, sends, reads, or writes
a text message, is guilty of a traffic infraction.
(b) Except as provided in subsection (2)(b) of this section, a
person driving a commercial motor vehicle, as defined in RCW 46.25.010,
including while temporarily stationary because of traffic, a traffic
control device, or other momentary delays, who, by means of an
electronic wireless communications device, sends, reads, or writes a
text message, is guilty of a traffic infraction. For purposes of this
subsection, "driving" does not include operating a commercial motor
vehicle with or without the motor running when the driver has moved the
vehicle to the side of, or off, a highway and has stopped in a location
where the vehicle can safely remain stationary.
(c) A person does not send, read, or write a text message when he
or she reads, selects, or enters a phone number or name in a wireless
communications device for the purpose of making a phone call.
(2)(a) Subsection (1)(a) of this section does not apply to a person
operating:
(((a))) (i) An authorized emergency vehicle;
(((b))) (ii) A voice-operated global positioning or navigation
system that is affixed to the vehicle and that allows the user to send
or receive messages without diverting visual attention from the road or
engaging the use of either hand; or
(((c))) (iii) A moving motor vehicle while using an electronic
wireless communications device to:
(((i))) (A) Report illegal activity;
(((ii))) (B) Summon medical or other emergency help;
(((iii))) (C) Prevent injury to a person or property; or
(((iv))) (D) Relay information that is time sensitive between a
transit or for-hire operator and that operator's dispatcher, in which
the device is permanently affixed to the vehicle.
(b) Subsection (1)(b) of this section does not apply to a person
operating a commercial motor vehicle when necessary to communicate with
law enforcement officials or other emergency services.
(3) Infractions under subsection (1)(a) of this section shall not
become part of the driver's record under RCW 46.52.101 and 46.52.120.
Additionally, a finding that a person has committed a traffic
infraction under subsection (1)(a) of this section shall not be made
available to insurance companies or employers.
NEW SECTION. Sec. 17 Sections 1 and 3 through 14 of this act
take effect July 8, 2014.