SENATE BILL REPORT

E2SHB 196

BYHouse Committee on Transportation (originally sponsored by Representatives Armstrong, Patrick, Dellwo, Padden, Wang, Holm, P. King and Bumgarner)

Revising laws against driving without a license.

House Committe on Judiciary

Rereferred House Committee on Transportation

Senate Committee on Judiciary

Senate Hearing Date(s):March 23, 1987; March 25, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  March 25, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 25, 1987

BACKGROUND:

Persons who drive while licenses are suspended or revoked, or without required insurance or bond may be charged with a gross misdemeanor. A considerable number of people in the state continue to drive after licenses have been revoked or suspended.

SUMMARY:

Provisions are made for the confiscation of vehicle license plates from the cars of persons arrested for driving without a driver's license.  If a person is arrested for driving with a suspended or revoked driver's license or for not having required insurance or bond, and the arresting officer determines that driver is the registered owner of the vehicle then the officer may confiscate or mark the vehicle plates and serve a notice of the intent of Department of Licensing (DOL) to cancel the vehicle license.  If the officer impounds the vehicle, the plates must be confiscated or marked.  The officer will replace any confiscated plates with temporary vehicle license plates valid for 60 days or until a hearing before DOL, whichever occurs first.

Temporary or marked license plates provide authority for a police officer to stop the vehicle.  Such a stop may be only for the purpose of determining whether the driver is properly licensed.

A driver who wishes to challenge the cancellation of his or her vehicle's license must file a request for a hearing within 15 days of receiving the notice of cancellation.

The Department must review its records.  If the driver's license is suspended or revoked and the arrested driver is the registered owner of the vehicle, the Department will cancel the registration of the vehicle until the driver regains his or her driver's license.

If the driver requests a hearing, DOL must hold the hearing within 60 days of the driver's arrest and give the driver at least 20 days prior notice.  The hearing is held in the county of arrest.

If, after the hearing, the cancellation is sustained, the driver may appeal to the superior court.  The appeal must be filed within ten days of receipt by the driver of the Department's final order.  An appeal does not stay cancellation of the vehicle registration.  The prevailing party on the appeal may be awarded the actual costs of preparing and transmitting the record.

It is made a crime for a person knowingly to allow the use of his or her car by a driver without a license.

The Department of Licensing is directed to report to the Legislature by January 1, 1991 on the effectiveness of the act.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The striking amendment makes several substantive and technical amendments to the bill:  (1) The arresting officer is required to mark the license plates in accordance with procedures established by the Washington State Patrol.  Language authorizing the officer to confiscate and destroy the license plates is deleted from the bill; (2) on July 1, 1993, provisions of the bill relating to the confiscation of the vehicle registration and the marking of the license plates expires; (3) any appeal of an adverse administrative determination is to be held in the county of arrest, rather than in the county of residence; (4) any hearing conducted by the court would be de novo, rather than "on the record;" and (5) a section of law is clarified which makes it a crime to knowingly allow a person to operate a motor vehicle when not authorized to drive.

Fiscal Note:      available

Effective Date:The bill takes effect July 1, 1988.

Senate Committee - Testified: Representative Seth Armstrong; Rick Jensen, Washington State Patrol; Mike Redman, WAPA; Dave Kirk, Department of Licensing