HOUSE BILL REPORT
ESHB 83
BYHouse Committee on Transportation (originally sponsored by Representatives Baugher, Prince, Grant, Lewis, Scott, Ballard, J. Williams, Jacobsen, S. Wilson, Lux, Basich, Patrick, Walk, Gallagher, Zellinsky, Haugen, Schmidt, Betrozoff, Day, Braddock, McMullen, Spanel, Rayburn, Holm, Heavey, Jesernig, P. King, Fisch, Taylor, Fuhrman, Ferguson, Bumgarner, McLean, Walker, D. Sommers, Schoon, May, Miller, Rasmussen, Winsley, Nealey, Silver, C. Smith and Unsoeld)
Including on a driver's record only accidents in which the driver was at fault.
House Committe on Transportation
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (23)
Signed by Representatives Walk, Chair; Betrozoff, Brough, Cantwell, Cooper, Day, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Kremen, Meyers, Patrick, C. Smith, D. Sommers, Spanel, Sutherland, J. Williams, S. Wilson and Zellinsky.
House Staff:Mary McLaughlin (786-7309)
AS PASSED HOUSE FEBRUARY 13, 1987
BACKGROUND:
Any reportable accident in which the driver is involved, regardless of fault, is recorded in the driver's file maintained by the Department of Licensing. A five-year copy of the record is available to the individual named in the abstract, the judicial system, law enforcement agencies and the Department. A three-year version is available to the individual, and his/her employer and insurance company.
A driver who is involved in an accident that results in death or injury, or $300 in property damage is required to file an accident report with the local law enforcement agency within 24 hours. Because the accident- reporting threshold for property damage is statutorily set, it does not always reflect the current inflation rate. The amount of property damage incurred was set at $25 in 1937, and was increased to $100 in 1965 and $300 in 1977.
In 1981 two separate civilian accident report forms were created to reduce the amount of paper flowing to the Washington State Patrol (WSP). (1) Investigated Report Form. If the accident is investigated, a copy of the accident report form completed by the driver and filed with the local law enforcement agency is not forwarded to the Patrol. (2) Non-Investigated Report Form. If the accident is not investigated, a copy of the accident report form completed by the driver and filed with the local law enforcement agency is forwarded to the WSP.
The creation of two forms has resulted in confusion. In many instances the Patrol is receiving the wrong report or no report at all. Returning to the use of one civilian accident report should insure more accurate reporting. The WSP now has an automated filing system which will enable the Records Section to deal with the increased paper flow with minimal impact.
SUMMARY:
The Department of Licensing (DOL) will record all accidents in which an individual is involved and indicate those in which the driver was found to be at fault through a civil proceeding, a criminal conviction, or a finding that the driver has committed a traffic infraction. Only those accident reports in which the driver was found to be at fault are recorded on DOL's three-year driver's abstract available to the individual named in the abstract, the employer or insurance company.
The accident reporting threshold for property damage and corresponding financial responsibility threshold are each raised to a minimum of $500 on October 1, 1987. Thereafter the Washington State Patrol (WSP) and the Department of Licensing (DOL) will adjust the respective accident reporting and financial responsibility thresholds by WAC rule. The WSP and DOL thresholds may be revised no sooner than every two years based on economic changes reflected by an inflationary index recommended by the Office of Financial Management. Revisions are guided by changes in the index from the time of the last revision; DOL's revisions are also guided by the Patrol's threshold for filing accident reports. A civilian accident report may be filed by a driver when the property damage amount is less than the current threshold.
Only one civilian accident report form is provided, regardless of whether or not the accident is investigated by a law enforcement officer.
EFFECT OF SENATE AMENDMENT(S): Language requiring the Department of Licensing (DOL) to record on the driver's abstract available to an insurance company those accidents in which an individual was found to be at fault is removed.
The property damage threshold for accident reporting and financial responsibility is changed from a minimum of $500 to $500.
Division of the driver's record for insurance purposes ("employment" and "personal") is extended to an employee driving any company vehicle. (Currently only commercial motor vehicle employees and owner-operators qualify for the division; the full record is available to DOL, law enforcement and the courts.)
The department may use distinguishing marks to identify the driver's license of a person under the age of 21. Statutes requiring the department to issue minor (under 18 years of age) and adult driver's licenses are repealed.
Fiscal Note: Requested January 27, 1987.
Effective Date:Increase in the property damage reporting and financial responsibility thresholds take effect on October 1, 1987.
House Committee ‑ Testified For: Captain Rick Jensen, Washington State Patrol and Accident Analysis Section--Department of Transportation.
House Committee - Testified Against: Harold Fosso, State Farm Insurance Companies.
House Committee - Testimony For: Only those accidents in which the driver was found to be at fault should be recorded on the driver's abstract available to insurance companies. The accident reporting threshold needs to be increased to reflect inflation. The use of one accident report form will eliminate confusion.
House Committee - Testimony Against: The bill raises the insurer's ability to recover the deductible. No-fault accidents will no longer be recorded, thereby limiting the insurance company's ability to assess the driver's full record.
VOTE ON FINAL PASSAGE:
Yeas 93; Nays 4; Absent 1
Voting Nay: Representatives Brough, Dellwo, Nelson and K. Wilson
Absent: Representative Bristow