SENATE BILL REPORT

SB 5443

BYSenators von Reichbauer, Bender, Patterson, DeJarnatt, Conner and Hansen; by request of Legislative Transportation Committee

Making various policy changes in vehicle laws.

Senate Committee on Transportation

Senate Hearing Date(s):January 26, 1989; February 21, 1989

Majority Report:  That Substitute Senate Bill No. 5443 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Bender, McMullen, Madsen, Sellar, Thorsness.

Senate Staff:Louise Bray (786-7322); Brad Lovaas (786-7307)

                  February 22, 1989

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 21, 1989

BACKGROUND:

At the request of the Legislative Transportation Committee, the Department of Licensing reviewed its statutes relating to vehicles and drivers and recommended changes to statutes that are obsolete or unnecessary for the efficient and cost-effective operation of the department.

SUMMARY:

Changes are made to the Department of Licensing statutes dealing with mobile homes, vehicle dealers, notice provisions, driver license examinations, reciprocity in license suspension, motorcycle instruction permits, scrap processors, motor vehicle wreckers, and driver schools.

New sections are added dealing with enforcement of the curbstoner law, vehicle dealer consignment contracts, and defining new types of vehicles.

The definition of "mobile home" is expanded and new definitions for "park trailer" and "travel trailer" are added.  Changes are made concerning the required signatories to transfer title to a mobile home.

Temporary permits for vehicle dealers are lengthened to 20 days; consignors and listing sellers may proceed against a vehicle dealer bond; wholesale dealers are required to be bonded; the definitions of wholesale dealer and retail dealer are clarified; and vehicle dealers must disclose that a vehicle has been repaired from a total loss, if the dealer knew or should have known that fact.  The department is authorized to issue criminal citations to unlicensed dealers ("curbstoners"), however, any necessary arrests are to be made by law enforcement personnel.

The department may send notices by first class mail rather than certified mail return receipt requested.  The requirement drivers notify the department of address changes on a form provided by the department is modified.

The department is authorized to waive the driving portion of the driver license examination for new residents with a valid out of state license.  Persons who supervise motorcycle operators operating with an instruction permit must have five years of riding experience.

Driving school instructors must requalify every five years.  The "place of business" for a driving school is clarified.

Motor vehicle wreckers may lose their license if convicted of crime related to the business of a motor vehicle wrecker within the last ten years or if a judgment has been entered against the licensee within the last five years.

Standards are specified relating to the enclosure of a licensed scrap processor's place of business.

Suspension of drivers licenses for convictions in Canadian provinces are authorized.

EFFECT OF PROPOSED SUBSTITUTE:

Language is added clarifying intent of statutes dealing with mobile homes, vehicle dealers and driver schools.

Citation authority for the Department of Licensing to enforce the curbstone program is eliminated.  Temporary permits for vehicle dealers are limited to six permits per year of ten days duration.  Listing sellers, consignees and motor vehicle dealer consignors cannot go against motor vehicle dealers surety bonds.

Vehicle dealers must disclose that a vehicle has "REBUILT" on its title or that it has been "totaled out by an insurance carrier and rebuilt" if the dealer has actual knowledge of that fact.

Language allowing the use of first class mail for notices is deleted.  Driving offenses committed in Canada cannot be the basis for a license suspension in Washington.

Scrap processor business standards are deleted.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Sandra Brooks, Heather Hamilton, Department of Licensing; Ray Harley, WA, ADA; Maggie Ross, Pierce County; Jim Boldt, Auto Dealers; Tom Harris, prof. school drivers