AN ACT Relating to motor vehicles; adding a new chapter to Title 46 RCW; prescribing penalties; and providing expiration dates.

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

NEW SECTION. Sec. 1. Every driver of, and owner of, a motor vehicle shall, at all times, maintain in force one of the forms of financial responsibility specified in section 2 of this act.

NEW SECTION. Sec. 2. Financial responsibility of the driver or owner is established if the driver or owner of the vehicle is:

(1) The insured under a motor vehicle liability policy as provided in RCW 46.29.490;

(2) The obligee under a bond as provided in RCW 46.29.520;

(3) The holder of a certificate of deposit as provided in RCW 46.29.550;

(4) The holder of a certificate of self-insurance as provided in RCW 46.29.630;

(5) The United States of America, this state, any municipality or subdivision thereof, or the lawful agent thereof; or

(6) In compliance with the requirements authorized by the department by any other manner which effectuates the purposes of this chapter.

NEW SECTION. Sec. 3. Any liability insurer issuing or renewing a motor vehicle liability policy as provided in RCW 46.29.490 shall provide written notice to the named insured of the policy identification number that may be used for verifying financial responsibility for purposes of section 4 of this act. This notice may be provided in a written binder, if any, or in the policy documents provided upon issuance or renewal of the policy.

This section shall expire on January 1, 1990.

NEW SECTION. Sec. 4. (1) Every person who drives a motor vehicle required to be registered in this state upon a highway shall, when requested by a law enforcement officer pursuant to subsection (3) of this section, provide evidence of financial responsibility for the vehicle.

Except as otherwise provided in this subsection, and subsections (4) and (5) of this section, any person who violates this subsection is guilty of an infraction and shall be punished for each offense by a fine of seventy-five dollars and an additional penalty assessment of twenty-five dollars. Each defendant shall be fined and assessed a penalty assessment in the amount specified in this section, upon conviction, unless the court determines that in the interests of justice the fine and the penalty assessment should be reduced. Any reduction of the fine and penalty assessment shall be in the same proportion and the court shall state the reasons for reducing the fine and assessment on the record.

In lieu of the fine and penalty assessment otherwise assessable under this subsection, the court may permit the defendant to perform community service designated by the court.

(2) For purposes of this section, "evidence of financial responsibility" means either of the following:

(a) The name of the insurance or surety company which issued the motor vehicle liability policy as provided in RCW 46.29.490, or bond as provided in RCW 46.29.520, in effect for the vehicle, and the number of the insurance policy or surety bond.

(b) If the owner is a self-insurer as provided in RCW 46.29.630 or a depositor as provided in RCW 46.29.550, the certificate or deposit number issued by the department.

(3) Whenever a notice to appear is issued for any alleged violation of this chapter, except a violation specified in RCW 46.61.560 through 46.61.590, the cited driver shall furnish oral or written evidence of financial responsibility, as defined by subsection (2) of this section, upon request of the law enforcement officer issuing the citation. The law enforcement officer shall request and write the driver's evidence of financial responsibility on the notice to appear, except where the law enforcement officer is unable to write the driver's evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the law enforcement officer may issue the driver a notice to appear for violation of subsection (1) of this section. The notice to appear for violation of subsection (1) of this section shall be written on the same citation form as the original violation.

(4) A person cited in a notice to appear for violation of subsection (1) of this section may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility that is acceptable to the clerk of the court showing that the driver was in compliance with section 1 of this act at the time the notice to appear for violating subsection (1) of this section was issued. In lieu of a personal appearance, the person may submit written evidence of financial responsibility by mail to the court. Upon receipt by the clerk of written evidence of financial responsibility that is acceptable to the court, further proceedings on the notice to appear for the violation of subsection (1) of this section shall be dismissed, subject to section 7 of this act.

(5) If a driver cited for a violation of subsection (1) of this section is, at the time of issuance of the notice to appear, driving a motor vehicle owned, operated, or leased by the employer of the driver and driven with the permission of the employer, this section and sections 7 and 8 of this act apply to the employer rather than the driver. In that case, the notice to appear shall be issued to the employer, rather than the driver, and the driver may sign the notice to appear on behalf of the employer, and shall notify the employer of the citation within five days after issuance thereof.

(6) This section shall expire on January 1, 1990.

NEW SECTION. Sec. 5. (1) Except as provided in subsection (3) of this section, any person who provides false evidence of financial responsibility (a) when requested by a law enforcement officer pursuant to section 4(3) of this act or (b) to the clerk of the court as permitted by section 4(4) of this act, including an expired or canceled insurance policy, bond, or certificate or deposit number, is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding thirty days, or by both that fine and imprisonment. The court shall additionally suspend the driver's license of any person convicted of a violation of this subsection for a period of one year commencing upon the date of the conviction, in accordance with RCW 46.20.315 and 46.20.320. Driver's licenses surrendered to the court pursuant to this section shall be transmitted by the court, together with the required report of the conviction, to the department within ten days of the conviction. Upon conclusion of the period of suspension, the department shall not return the driver's license until the licensee establishes proof of financial responsibility as prescribed by section 10 of this act.

(2) However, in lieu of suspending a person's driving privileges pursuant to subsection (1) of this section, the court shall restrict the person's driving privileges to driving that is required in the person's course of employment, if driving of a motor vehicle is necessary in order to perform the duties of the person's primary employment. The restriction shall remain in effect for the period of suspension otherwise required by subsection (1) of this section. The court shall provide for endorsement of the restriction on the person's driver's license, and violation of the restriction constitutes a violation of RCW 46.20.394 and 46.20.342.

(3) This section does not apply to a driver who is driving a motor vehicle owned, operated, or leased by the employer of the driver and driven with the permission of the employer.

(4) This section expires on January 1, 1990.

NEW SECTION. Sec. 6. (1) Each municipal and justice court shall each month select a current random sample of not to exceed one percent of notices to appear upon which evidence of financial responsibility has been written pursuant to section 4 (2) or (5) of this act. Copies of the citations selected shall be transmitted to the department for verification. When an insurance or surety company or policy or bond number has been used as evidence of financial responsibility, the department shall verify the existence of the indicated insurance or surety coverage with the insurer or surety by negative verification.

For purposes of this section, "negative verification" means that an insurer or surety shall be required to notify the department, upon inquiry by the department, only if the insurer or surety determines that no insurance policy or bond issued by it was in force at the time for which the department is inquiring.

(2) There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer or surety, its authorized representatives, its agents, its employees, or any person furnishing or failing to furnish or incorrectly furnishing, verifying, or reporting the existence or nonexistence of insurance or surety coverage to the department in response to the negative verification process.

(3) If the department determines that a cited driver provided erroneous evidence of financial responsibility pursuant to section 4(3) of this act, it shall notify appropriate prosecuting authorities of the alleged violation of section 5 of this act. In addition, the department shall mail to any such driver a notice of intent to suspend the driver's license of that driver. Fifteen days after mailing the notice, the department shall immediately suspend the driver's license, unless the driver has, prior to that date, established proof of financial responsibility, as specified in section 2 of this act, with the department. The suspension shall remain in effect until the person establishes financial responsibility with the department or until three years from the commencement of the suspension, whichever occurs first. During this three-year period, the suspension shall be reimposed for failure to maintain proof of financial responsibility in the same manner as specified in RCW 46.29.250 through 46.29.920.

In lieu of suspending a driver's license pursuant to this subsection, the department shall restrict the driver's license to driving that is required in the course of the person's primary employment, if the department determines that the driving of a motor vehicle is necessary to perform the duties of that employment. The restriction shall remain in effect so long as suspension would otherwise be required by this subsection.

This section does not apply to a driver who is driving a motor vehicle owned, operated, or leased by the employer of the driver and driven with the permission of the employer.

(4) This section shall expire on January 1, 1990.

NEW SECTION. Sec. 7. (1) The notices to the department authorized by RCW 46.64.025 shall be given in all instances of failure to appear or pay a fine for violation of section 4(1) of this act. The department except as provided in subsection (2) of this section and section 11 of this act shall suspend the driving privilege of any person for whom this notification is received, as provided in RCW 46.20.270.

(2) Where (a) a driver's employer is made responsible for a violation of section 4(1) of this act pursuant to section 4(5) of this act and (b) notice is provided to the department pursuant to RCW 46.64.025 for failure of the employer to appear or pay a fine on account of the violation, the department shall not thereafter renew the registration of the vehicle involved in the offense, if the employer is the owner of the vehicle, until the employer establishes and maintains proof of financial responsibility for the vehicle in the manner prescribed by section 10 of this act.

(3) This section shall expire on January 1, 1990.

NEW SECTION. Sec. 8. (1) Any unpaid fine or penalty assessment assessed by a court pursuant to section 4 or 5 of this act shall be a lien upon every vehicle registered to the person obligated to pay the fine or penalty assessment. The obligation of this lien may be enforced by seizure and sale of any or all of these vehicles. The sale shall be conducted by the county in which the violation of section 4 or 5 of this act occurred and in the manner prescribed by RCW 46.52.111 and 46.52.112.

(2) This section shall expire on January 1, 1990.

NEW SECTION. Sec. 9. No public entity or employee is liable for any loss, detriment, or injury resulting directly or indirectly for failure to request evidence of financial responsibility or inaccurately recording the same under section 4 of this act, or as a result of the driver producing false or inaccurate financial responsibility information.

This section shall expire on January 1, 1990.

NEW SECTION. Sec. 10. (1) Every person convicted of a violation of section 4(1) of this act shall, within sixty days of the conviction, file with the department and thereafter maintain for a period of three years, proof of financial responsibility in the same manner as specified in RCW 46.29.250 through 46.29.920. Every person convicted of a violation of section 5 of this act shall, as a condition to (a) return of the person's driver's license following conclusion of the suspension under those provisions, or (b) termination of restrictions imposed pursuant to section 5(2) of this act one year after imposition thereof, file with the department and thereafter maintain for a period of three years, proof of financial responsibility in the same manner as specified in RCW 46.29.250 through 46.29.920. If proof of financial responsibility is established by filing evidence that the person obtained an automobile or motor vehicle liability policy or bond, and coverage under the policy or bond terminates, the insurer or surety shall inform the department of the date of termination.

(2) The department shall obtain the record of persons convicted of violations of section 5 or 4(1) of this act from the courts as provided in RCW 46.52.100.

(3) For purposes of this section, "conviction" has the meaning defined in RCW 46.20.270.

(4) Except as provided in sections 11 and 4(5) of this act, the department shall immediately suspend the driving privileges of any person who fails to file or maintain proof of financial responsibility as required by this section. The suspension shall remain in effect so long as there is a lack of compliance with the requirements of this section.

(5) This section shall expire on January 1, 1990.

NEW SECTION. Sec. 11. If any person is convicted of a violation of section 4(1) or 5 of this act and the driving of a motor vehicle is necessary to perform the duties of the person's primary employment, the department in lieu of suspending or withholding the person's driving privileges pursuant to section 10 of this act, shall restrict that person's driving privilege to driving that is required in the person's course of employment. The restriction shall remain in effect so long as suspension or withholding of driving privileges would otherwise be required under section 10 of this act.

This section shall expire on January 1, 1990.

NEW SECTION. Sec. 12. Sections 1 through 11 of this act shall constitute a new chapter in Title 46 RCW.