H-4073 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 1465
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By House Committee on Transportation (originally sponsored by Representatives R. Meyers, Schmidt, Walk, Heavey, D. Sommers, Cooper, Jones and Betrozoff; by request of Legislative Transportation Committee)
Read first time 1/24/90.
AN ACT Relating to programs administered by the department of licensing; amending RCW 10.05.060, 46.01.030, 46.01.090, 46.01.100, 46.04.303, 46.04.304, 46.04.305, 46.04.330, 46.04.580, 46.09.030, 46.09.080, 46.09.140, 46.10.050, 46.10.140, 46.12.070, 46.12.140, 46.12.151, 46.12.181, 46.16.270, 46.20.021, 46.20.055, 46.20.091, 46.20.100, 46.20.118, 46.20.119, 46.20.130, 46.20.161, 46.20.181, 46.20.270, 46.20.285, 46.20.293, 46.20.311, 46.20.326, 46.20.342, 46.20.391, 46.20.911, 46.25.120, 46.29.110, 46.29.330, 46.29.430, 46.29.610, 46.61.655, 46.61.685, 46.61.688, 46.64.048, 46.64.020, 46.65.070, 46.70.029, 46.70.041, 46.70.061, 46.70.083, 46.70.085, 46.76.040, 46.79.010, 46.79.020, 46.79.070, 46.80.030, 46.82.410, 46.87.025, 46.87.120, 46.87.270, 46.90.300, 82.36.010, 82.36.190, 82.38.040, 82.38.050, 82.38.070, 82.38.090, and 82.38.120; reenacting and amending RCW 46.37.530 and 46.63.020; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.87 RCW; repealing RCW 46.20.171, 46.20.416, 46.20.418, and 46.20.599; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 6, chapter 244, Laws of 1975 1st ex. sess. as last amended by section 9, chapter 352, Laws of 1985 and RCW 10.05.060 are each amended to read as follows:
If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be attached to the docket, which shall then be removed from the regular court dockets and filed in a special court deferred prosecution file. If the charge be one that an abstract of the docket showing the charge and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner. The entry is not a conviction for purposes of Title 46 RCW. The department shall maintain the record for five years from date of entry of the order granting deferred prosecution.
Sec. 2. Section 3, chapter 156, Laws of 1965 and RCW 46.01.030 are each amended to read as follows:
The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;
(10)
general highway safety promotion in cooperation with the Washington state
patrol and ((state)) traffic safety ((council)) commission;
(11) such other activities as the legislature may provide.
Sec. 3. Section 9, chapter 156, Laws of 1965 as amended by section 119, chapter 158, Laws of 1979 and RCW 46.01.090 are each amended to read as follows:
The
department shall be under the control of an executive officer to be known as
the director of licensing. ((He)) The director shall be
appointed by the governor, with the consent of the senate, and hold office at
the pleasure of the governor. ((The director)) Directors shall
be selected with special reference to ((his)) their experience,
capacity, and interest in the field of motor vehicle administration or
highway safety.
Sec. 4. Section 10, chapter 156, Laws of 1965 and RCW 46.01.100 are each amended to read as follows:
((The
director)) Directors shall organize the department in such manner as
((he)) they may deem necessary ((properly)) to segregate
and conduct the work of the department ((effectively)).
Sec. 5. Section 5, chapter 231, Laws of 1971 ex. sess. and RCW 46.04.303 are each amended to read as follows:
"Modular
home" means ((any factory-built housing)) a factory-assembled
structure designed primarily for ((residential occupancy by human beings
which does not contain a permanent frame)) use as a dwelling when
connected to the required utilities that include plumbing, heating, and
electrical systems contained therein, does not contain its own running gear,
and must be mounted on a permanent foundation. A modular home does not
include a mobile home or manufactured home.
Sec. 6. Section 1, chapter 213, Laws of 1979 ex. sess. as amended by section 702, chapter 330, Laws of 1987 and RCW 46.04.304 are each amended to read as follows:
"Moped"
means ((any two-wheeled or three-wheeled)) a motorized device designed
to travel with not more than three sixteen-inch or larger diameter wheels in
contact with the ground, having fully operative pedals for propulsion by
human power, and ((a)) an electric or a liquid fuel motor
with a cylinder displacement not exceeding fifty cubic centimeters which
produces no more than two gross brake horsepower (developed by a prime mover,
as measured by a brake applied to the driving shaft) ((and)) that
is capable of propelling the device at ((a maximum speed of)) not more
than thirty miles per hour on level ground((, and the wheels of which are at
least sixteen inches in diameter)).
The Washington
state patrol may approve of and define as a "moped" a vehicle which
fails to meet these specific criteria, but which is essentially similar in
performance and application to ((vehicles)) motorized devices
which do meet these specific criteria.
Sec. 7. Section 3, chapter 231, Laws of 1971 ex. sess. and RCW 46.04.305 are each amended to read as follows:
"Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle.
Sec. 8. Section 46.04.330, chapter 12, Laws of 1961 as amended by section 2, chapter 213, Laws of 1979 ex. sess. and RCW 46.04.330 are each amended to read as follows:
"Motorcycle"
means ((every)) a motor vehicle ((having a saddle for the use
of the rider and)) designed to travel on not more than three wheels in
contact with the ground, on which the driver rides astride the motor unit or
power train and is designed to be steered with a handle bar, but excluding
a farm tractor and a moped.
The Washington state patrol may approve of and define as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific criteria.
NEW SECTION. Sec. 9. A new section is added to chapter 46.04 RCW to read as follows:
"Photograph," along with the terms "picture" and "negative," means a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital data imaging.
Sec. 10. Section 46.04.580, chapter 12, Laws of 1961 and RCW 46.04.580 are each amended to read as follows:
"Suspend," in all its forms, means invalidation for any period less than one calendar year and thereafter until reinstatement. However, under RCW 46.61.515 the invalidation may last for more than one calendar year.
Sec. 11. Section 8, chapter 47, Laws of 1971 ex. sess. as last amended by section 2, chapter 206, Laws of 1986 and RCW 46.09.030 are each amended to read as follows:
The department shall provide for the issuance of use permits for off-road vehicles and may appoint agents for collecting fees and issuing permits. The department shall charge each applicant for registration the actual cost of the decal. The department shall make available replacement decals for a fee equivalent to the actual cost of the decals. The provisions of RCW 46.01.130 and 46.01.140 apply to the issuance of use permits for off-road vehicles as they do to the issuance of vehicle licenses, the appointment of agents and the collection of application fees.
Sec. 12. Section 13, chapter 47, Laws of 1971 ex. sess. as last amended by section 5, chapter 206, Laws of 1986 and RCW 46.09.080 are each amended to read as follows:
(1) Each dealer of off-road vehicles in this state who does not have a current "dealer's plate" for vehicle use pursuant to chapter 46.70 RCW shall obtain an ORV dealer permit from the department in such manner and upon such forms as the department shall prescribe. Upon receipt of an application for an ORV dealer permit and the fee under subsection (2) of this section, the dealer shall be registered and an ORV dealer permit number assigned.
(2) The fee for ORV dealer permits shall be twenty-five dollars per year, which covers all of the off-road vehicles owned by a dealer and not rented. Off-road vehicles rented on a regular, commercial basis by a dealer shall have separate use permits.
(3) Upon
the issuance of an ORV dealer permit each dealer ((shall)) may
purchase, at a cost to be determined by the department, ORV dealer number
plates of a size and color to be determined by the department, that contain the
dealer ORV permit number assigned to the dealer. Each off-road vehicle
operated by a dealer, dealer representative, or prospective customer for
the purposes of testing or demonstration shall display such number plates
assigned pursuant to the dealer permit provisions in chapter 46.70 RCW or this
section, in a manner prescribed by the department.
(4) ((No
person other than a dealer or a representative thereof may display number
plates as prescribed in subsection (3) of this section, and)) No
dealer ((or)), dealer representative ((thereof)), or
prospective customer shall use such number plates for any purpose other
than the purpose prescribed in subsection (3) of this section.
(5) ORV dealer permit numbers shall be nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at wholesale or retail or to test or demonstrate any off-road vehicle within the state unless he has a motor vehicle dealers' license pursuant to chapter 46.70 RCW or an ORV dealer permit number in accordance with this section.
(7) When an ORV is sold by a dealer, the dealer shall apply for title in the purchaser's name within fifteen days following the sale.
Sec. 13. Section 19, chapter 47, Laws of 1971 ex. sess. as amended by section 12, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.140 are each amended to read as follows:
The
operator of any nonhighway vehicle involved in any accident resulting in injury
to or death of any person, or property damage to another ((in the estimated
amount of two hundred dollars or more)) to an apparent extent equal to
or greater than the minimum amount established by rule adopted by the chief of
the Washington state patrol in accordance with chapter 46.52 RCW, or a
person acting for the operator shall submit such reports as are required under
chapter 46.52 RCW, ((as now enacted or as hereafter amended,)) and the
provisions of chapter 46.52 RCW ((shall be applicable)) applies
to ((such)) the reports when submitted.
Sec. 14. Section 5, chapter 29, Laws of 1971 ex. sess. as amended by section 5, chapter 17, Laws of 1982 and RCW 46.10.050 are each amended to read as follows:
(1) Each dealer of snowmobiles in this state shall register with the department in such manner and upon such forms as the department shall prescribe. Upon receipt of a dealer's application for registration and the registration fee provided for in subsection (2) of this section, such dealer shall be registered and a registration number assigned.
(2) The
registration fee for dealers shall be twenty-five dollars per year, and such
fee shall cover all of the snowmobiles ((owned)) offered by a
dealer for ((other than personal use)) sale and not rented on a
regular, commercial basis: PROVIDED, That snowmobiles rented on a regular
commercial basis by a dealer shall be registered separately under the
provisions of RCW 46.10.020, 46.10.040, 46.10.060, and 46.10.070.
(3) Upon
registration each dealer ((shall)) may purchase, at a cost to be
determined by the department, dealer number plates of a size and color to be
determined by the department, which shall contain the registration number
assigned to that dealer. Each snowmobile operated by a dealer, dealer
representative, or prospective customer for the purposes ((enumerated in
subsection (2) of this section)) of demonstration or testing shall
display such number plates in a clearly visible manner.
(4) No
person other than a dealer ((or a)), dealer representative ((thereof)),
or prospective customer shall display a dealer number plate, and no dealer
((or a)), dealer representative ((thereof)), or
prospective customer shall use a dealer's number plate for any purpose
other than the purposes described in subsection (((2))) (3) of
this section.
(5) Dealer
registration numbers ((shall be)) are nontransferable.
(6) It ((shall
be)) is unlawful for any dealer to sell any snowmobile at wholesale
or retail, or to test or demonstrate any snowmobile, within the state, unless
registered in accordance with the provisions of this section.
Sec. 15. Section 14, chapter 29, Laws of 1971 ex. sess. and RCW 46.10.140 are each amended to read as follows:
The
operator of any snowmobile involved in any accident resulting in injury to or
death of any person, or property damage ((in the estimated amount of two
hundred dollars or more)) to an apparent extent equal to or greater than
the minimum amount established by rule adopted by the Washington state patrol
in accordance with chapter 46.52 RCW, or a person acting for the operator,
or the owner of the snowmobile having knowledge of the accident, ((should))
if the operator of the snowmobile ((be)) is unknown, shall
submit such reports as are required under chapter 46.52 RCW, ((as now
enacted or as hereafter amended,)) and the provisions of chapter 46.52 RCW
((shall be applicable)) applies to ((such)) the
reports when submitted.
Sec. 16. Section 46.12.070, chapter 12, Laws of 1961 and RCW 46.12.070 are each amended to read as follows:
Upon the
destruction of any vehicle ((covered by)) issued a certificate((s))
of ownership under this chapter or a license registration ((and
ownership)) under chapter 46.16 RCW, the registered owner and the
legal owner shall forthwith and within ((five)) fifteen days
thereafter forward and surrender ((such)) the certificate((,
together with the vehicle license plates therefor if available,)) to the ((director))
department, together with a statement of the reason for ((such)) the
surrender and the ((time)) date and place of destruction.
Failure to notify the ((director)) department or the possession
by any person of any such certificate for a vehicle so destroyed, after ((five))
fifteen days following its destruction, ((shall be)) is
prima facie evidence of violation of the provisions of this chapter and ((shall))
constitutes a gross misdemeanor.
Any
insurance company settling ((any)) an insurance claim on ((any
such)) a vehicle that has been issued a certificate of ownership
under this chapter or a certificate of license registration under chapter 46.16
RCW as a total loss, less salvage value, shall notify the ((director))
department thereof within ((five)) fifteen days after the
settlement of ((any such)) the claim ((under any policy of
insurance carried by it on a vehicle covered by certificates of license
registration and ownership issued by this state)). Notification shall
be provided regardless of where or in what jurisdiction the total loss
occurred.
Sec. 17. Section 46.12.140, chapter 12, Laws of 1961 and RCW 46.12.140 are each amended to read as follows:
In the case
of vehicle dealers ((in vehicles, including manufacturers who sell to
persons other than dealers,)) a separate certificate of ownership, either
of the dealer or of the dealer's immediate vendor properly assigned ((or
of the dealer himself)), shall be required covering each used vehicle kept
in ((his)) the dealer's possession. In the case of consigned
vehicles, the vehicle dealer may possess a completed consignment contract that
includes a guaranteed title from the seller in lieu of the required certificate
of ownership.
Sec. 18. Section 9, chapter 140, Laws of 1967 and RCW 46.12.151 are each amended to read as follows:
If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may register the vehicle but shall either:
(1) Withhold issuance of a certificate of ownership for a period of three years or until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or
(2) As a
condition of issuing a certificate of ownership, require the applicant to file
with the department a bond for a period of three years in the form
prescribed by the department and executed by the applicant((, or in lieu
thereof a deposit of cash in like amount)). The bond shall be in an amount
equal to one and one-half times the value of the vehicle as determined by the
department and conditioned to indemnify any prior owner and secured party and
any subsequent purchaser of the vehicle or person acquiring any security
interest in it, and their respective successors in interest, against any
expense, loss or damage, including reasonable attorney's fees, by reason of the
issuance of the certificate of ownership of the vehicle or on account of any
defect in or undisclosed security interest upon the right, title and interest
of the applicant in and to the vehicle. Any such interested person has a right
of action to recover on the bond for any breach of its conditions, but the
aggregate liability of the surety to all persons shall not exceed the amount of
the bond. ((The bond, or any cash deposit shall be returned)) At
the end of three years or prior thereto if the vehicle is no longer registered
in this state ((and the currently valid certificate)) or when
satisfactory evidence of ownership is surrendered to the department, ((unless
the department has been notified of the pendency of an action to recover on))
the owner may apply to the department for a replacement certificate of
ownership without reference to the bond.
Sec. 19. Section 8, chapter 140, Laws of 1967 as amended by section 1, chapter 170, Laws of 1969 ex. sess. and RCW 46.12.181 are each amended to read as follows:
If a certificate of ownership or a certificate of license registration is lost, stolen, mutilated or destroyed or becomes illegible, the first priority secured party or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a duplicate upon tender of one dollar and upon furnishing information satisfactory to the department. The duplicate certificate of ownership or license registration shall contain the legend, "This is a duplicate certificate." It shall be mailed to the first priority secured party named in it or, if none, to the owner.
((The
department shall not issue a new certificate of ownership to a transferee upon
application made for a duplicate until fifteen department business days after
receipt of the application.))
A person recovering an original certificate of ownership or title registration for which a duplicate has been issued shall promptly surrender the original certificate to the department.
Sec. 20. Section 2, chapter 178, Laws of 1987 and RCW 46.16.270 are each amended to read as follows:
Replacement
plates issued after January 1, 1987, will be centennial plates as described in
RCW 46.16.650. ((Revenues generated from the centennial plate shall go in
part to support local and state centennial activities as provided in RCW
27.60.080. One dollar per plate of the replacement plate fee(s) will be
distributed as follows: From January 1, 1987, through June 30, 1989, one-half
of the fee shall be deposited in the centennial commission account, and the
remainder shall be deposited in the motor vehicle fund. Commencing July 1,
1989,)) The total replacement plate fee including the one dollar per
plate centennial plate fee shall be deposited in the motor vehicle fund.
Upon the
loss, defacement, or destruction of one or both of the vehicle license number
plates issued for any vehicle where more than one plate was originally issued
or where one or both have become so illegible or in such a condition as to be
difficult to distinguish, or upon the owner's option, the owner of the vehicle
shall make application for new vehicle license number plates upon a form
furnished by the director((, upon which form it shall be required that the
owner, if appropriate and in addition to other requirements, make a complete
statement as to the cause of the loss, defacement, or destruction of the
original plate or plates, which statement shall be subscribed and sworn to
before a notary public or other person authorized to certify to statements upon
vehicle license applications. Such)). The application shall be
filed with the director or the director's authorized agent, accompanied by the
certificate of license registration of the vehicle and a fee in the amount of
three dollars per plate, whereupon the director, or the director's authorized
agent, shall issue new vehicle license number plates to the applicant. It
shall be accompanied by a fee of two dollars for a new motorcycle license
number plate. In the event the director has issued license period tabs or a
windshield emblem instead of vehicle license number plates, and upon the loss,
defacement, or destruction of the tabs or windshield emblem, application shall
be made on a form provided by the director and in the same manner as above described,
and shall be accompanied by a fee of one dollar for each pair of tabs or for
each windshield emblem, whereupon the director shall issue to the applicant a
duplicate pair of tabs, year tabs, and when necessary month tabs or a
windshield emblem to replace those lost, defaced, or destroyed. For ((those))
vehicles owned, rented, or leased by the state of Washington or by any county,
city, town, school district, or other political subdivision of the state of
Washington or United States government, or owned or leased by the governing
body of an Indian tribe as defined in RCW 46.16.020, a fee shall be charged for
replacement of a vehicle license number plate only to the extent required by
the provisions of RCW 46.16.020, 46.16.061, 46.16.237, and 46.01.140. For ((those))
vehicles owned, rented, or leased by foreign countries or international bodies
to which the United States government is a signatory by treaty, the payment of
any fee for the replacement of a vehicle license number plate shall not be
required.
Sec. 21. Section 2, chapter 121, Laws of 1965 ex. sess. as last amended by section 1, chapter 88, Laws of 1988 and RCW 46.20.021 are each amended to read as follows:
(1) No
person, except as expressly exempted by this chapter, may drive any motor
vehicle upon a highway in this state unless the person has a valid driver's
license issued under the provisions of this chapter. A violation of this
subsection is a misdemeanor and is a lesser included offense within the
offenses described in RCW 46.20.342(1), ((46.20.416,)) 46.20.420, and
46.65.090.
(2) No person shall receive a driver's license unless and until he or she surrenders to the department all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction. The department shall establish a procedure to invalidate the surrendered photograph license and return it to the person. The invalidated license, along with the valid temporary Washington driver's license provided for in RCW 46.20.055(3), shall be accepted as proper identification. The department shall notify the issuing department that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid driver's license at any time.
(3) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.
Sec. 22. Section 10, chapter 260, Laws of 1981 as last amended by section 1, chapter 17, Laws of 1986 and RCW 46.20.055 are each amended to read as follows:
(1) Any
person who is at least fifteen and a half years of age may apply to the
department for an instruction permit for the operation of any motor vehicle
except a motorcycle. Any person ((who is at least)) sixteen years of
age or older, holding a valid driver's license, may apply for an
instruction permit for the operation of a motorcycle. The department may in
its discretion, after the applicant has successfully passed all parts of the
examination other than the driving test, issue to the applicant a driver's or
motorcyclist's instruction permit.
(a) A driver's instruction permit entitles the permittee while having the permit in immediate possession to drive a motor vehicle upon the public highways for a period of one year when accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver. Except as provided in subsection (c) of this subsection, only one additional permit, valid for one year, may be issued.
(b) A motorcyclist's instruction permit entitles the permittee while having the permit in immediate possession to drive a motorcycle upon the public highways for a period of ninety days as provided in RCW 46.20.510(3). Except as provided in subsection (c) of this subsection, only one additional permit, valid for ninety days, may be issued.
(c) The department after investigation may issue a third driver's or motorcyclist's instruction permit when it finds that the permittee is diligently seeking to improve driving proficiency.
(2) The
department may waive the examination, except as to eyesight and other potential
physical restrictions, for any applicant who is enrolled in either a traffic
safety education course as defined by RCW ((46.81.010(2))) 28A.08.010(2)
or a course of instruction offered by a licensed driver training school as
defined by RCW 46.82.280(1) at the time the application is being considered by
the department. The department may require proof of registration in such a course
as it deems necessary.
(3) The
department upon receiving proper application may in its discretion issue a
driver's instruction permit ((effective for a school semester or other
restricted period)) to an applicant who is at least fifteen years of age
and is enrolled in a traffic safety education program which includes practice
driving and which is approved and accredited by the superintendent of public
instruction. Such instruction permit shall entitle the permittee having the
permit in immediate possession to drive a motor vehicle only when an approved
instructor or other licensed driver with at least five years of driving
experience, is occupying a seat beside the permittee.
(4) The department may in its discretion issue a temporary driver's permit to an applicant for a driver's license permitting the applicant to drive a motor vehicle for a period not to exceed sixty days while the department is completing its investigation and determination of all facts relative to such applicant's right to receive a driver's license. Such permit must be in the permittee's immediate possession while driving a motor vehicle, and it shall be invalid when the permittee's license has been issued or for good cause has been refused.
Sec. 23. Section 8, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 1, Laws of 1985 ex. sess. and RCW 46.20.091 are each amended to read as follows:
(1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths. Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars. The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.
(2) Every such application shall state the full name, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require.
(3) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this state.
(4) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington. Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.
Sec. 24. Section 46.20.100, chapter 12, Laws of 1961 as last amended by section 2, chapter 234, Laws of 1985 and RCW 46.20.100 are each amended to read as follows:
The department of licensing shall not consider an application of any minor under the age of eighteen years for a driver's license or the issuance of a motorcycle endorsement for a particular category unless:
(1) The
application is also signed by ((the father or mother of the applicant,
otherwise by the)) a parent or guardian having the custody of such
minor, or in the event a minor under the age of eighteen has no father, mother,
or guardian, then a driver's license shall not be issued to the minor unless
his or her application is also signed by the minor's employer; and
(2) The
applicant has satisfactorily completed a traffic safety education course as
defined in RCW ((46.81.010)) 28A.08.010, conducted by a
recognized secondary school, that meets the standards established by the office
of the state superintendent of public instruction or the applicant has
satisfactorily completed a traffic safety education course, conducted by a
commercial driving instruction enterprise, that meets the standards established
by the office of the superintendent of public instruction and is officially
approved by that office on an annual basis: PROVIDED, HOWEVER, That the
director may upon a showing that an applicant was unable to take or complete a
driver education course waive that requirement if the applicant shows to the
satisfaction of the department that a need exists for the applicant to operate
a motor vehicle and he or she has the ability to operate a motor vehicle in
such a manner as not to jeopardize the safety of persons or property, under
rules to be promulgated by the department in concert with the supervisor of the
traffic safety education section, office of the superintendent of public
instruction. For a person under the age of eighteen years to obtain a
motorcycle endorsement, he or she must successfully complete a motorcycle
safety education course that meets the standards established by the department
of licensing.
The department may waive any education requirement under this subsection for an applicant previously licensed to drive a motor vehicle or motorcycle outside this state if the applicant provides proof satisfactory to the department that he or she has had education equivalent to that required under this subsection.
Sec. 25. Section 5, chapter 155, Laws of 1969 ex. sess. as last amended by section 1, chapter 22, Laws of 1981 and RCW 46.20.118 are each amended to read as follows:
The
department shall maintain a negative file. It shall contain negatives of all
pictures taken by the department of licensing as authorized by RCW ((46.20.115))
46.20.070 through 46.20.119. ((The negative file shall become a part
of the driver record file maintained by the department.)) Negatives in the
file shall not be available for public inspection and copying under chapter
42.17 RCW. The department may make the file available to official governmental
enforcement agencies to assist in the investigation by the agencies of
suspected criminal activity. The department may also provide a print to the
driver's next of kin in the event the driver is deceased.
Sec. 26. Section 6, chapter 155, Laws of 1969 ex. sess. and RCW 46.20.119 are each amended to read as follows:
The rules
and regulations adopted pursuant to RCW ((46.20.115)) 46.20.070
through 46.20.119 shall be reasonable in view of the purposes to be served by
RCW ((46.20.115)) 46.20.070 through 46.20.119.
Sec. 27. Section 46.20.130, chapter 12, Laws of 1961 as last amended by section 4, chapter 245, Laws of 1981 and RCW 46.20.130 are each amended to read as follows:
The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:
(1) A test
of the applicant's eyesight and ((his)) ability to see, understand, and
follow highway signs regulating, warning, and directing traffic;
(2) A test
of the applicant's knowledge of traffic laws and ((his)) ability to
understand and follow the directives of lawful authority, ((given in the
English language,)) orally or graphically, that regulate, warn, and direct
traffic in accordance with the traffic laws of this state;
(3) An
actual demonstration of ((his)) the applicant's ability to
operate a motor vehicle in such a manner as not to jeopardize the safety of
persons or property; and
(4) Such further examination as the director deems necessary (a) to determine whether any facts exist which would bar the issuance of a vehicle operator's license under chapters 46.20, 46.21, and 46.29 RCW, and (b) to determine the applicant's fitness to operate a motor vehicle safely on the highways; and
(5) In
addition to the foregoing, when the applicant desires to drive a motorcycle, as
defined in RCW 46.04.330, or a motor-driven cycle, as defined in RCW 46.04.332,
the applicant shall also demonstrate ((his)) the ability to
operate such motorcycle or motor-driven cycle in such a manner as not to
jeopardize the safety of persons or property.
Sec. 28. Section 11, chapter 121, Laws of 1965 ex. sess. as last amended by section 1, chapter 245, Laws of 1981 and RCW 46.20.161 are each amended to read as follows:
The
department, upon receipt of a fee of fourteen dollars, which includes the fee
for the required photograph, shall issue to every applicant qualifying therefor
a driver's license, which license shall bear thereon a distinguishing number
assigned to the licensee, the full name, date of birth, Washington
residence address, and a brief description of the licensee, and either a
facsimile of the signature of the licensee or a space upon which the licensee
shall write his usual signature with pen and ink immediately upon receipt of
the license. No license ((shall be)) is valid until it has been
so signed by the licensee.
Sec. 29. Section 17, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 245, Laws of 1981 and RCW 46.20.181 are each amended to read as follows:
Every
driver's license ((shall)) expires on the fourth anniversary of
the licensee's birthdate following the issuance of ((such)) the
license((: PROVIDED, That during the period July 1, 1981, through and
including June 30, 1983, the department shall implement a system of staggering
the renewal periods of currently licensed drivers so as to make approximately
one-half of such renewals for a two-year period and the other one-half for a
four-year period)). Every such license ((shall be)) is
renewable on or before its expiration upon application prescribed by the
department and the payment of a fee of fourteen dollars((, or of seven
dollars in the case of those being renewed for only two years. These fees)).
This fee includes the fee for the required photograph.
Sec. 30. Section 46.20.270, chapter 12, Laws of 1961 as last amended by section 5, chapter 14, Laws of 1982 1st ex. sess. and RCW 46.20.270 are each amended to read as follows:
(1) Whenever any person is convicted of any offense for which this title makes mandatory the suspension or revocation of the driver's license of such person by the department, the privilege of the person to operate a vehicle is suspended until the department takes the action required by this chapter, and the court in which such conviction is had shall forthwith secure the immediate forfeiture of the driver's license of such convicted person and immediately forward such driver's license to the department, and on failure of such convicted person to deliver such driver's license the judge shall cause such person to be confined for the period of such suspension or revocation or until such driver's license is delivered to such judge: PROVIDED, That if the convicted person testifies that he or she does not and at the time of the offense did not have a current and valid vehicle driver's license, the judge shall cause such person to be charged with the operation of a motor vehicle without a current and valid driver's license and on conviction punished as by law provided, and the department may not issue a driver's license to such persons during the period of suspension or revocation: PROVIDED, ALSO, That if the driver's license of such convicted person has been lost or destroyed and such convicted person makes an affidavit to that effect, sworn to before the judge, the convicted person may not be so confined, but the department may not issue or reissue a driver's license for such convicted person during the period of such suspension or revocation: PROVIDED, That perfection of notice of appeal shall stay the execution of sentence including the suspension and/or revocation of the driver's license.
(2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations within this state, shall forward to the department within ten days of a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine or penalty, a plea of guilty or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
(3) Every municipality having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, may forward to the department within ten days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, or parking, or failure to appear at a hearing to explain mitigating circumstances, an abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that three or more violations of laws governing standing, stopping, and parking have been committed and indicating the nature of the defendant's failure to act. Such violations may not have occurred while the vehicle is stolen from the registered owner or is leased or rented under a bona fide commercial vehicle lease or rental agreement between a lessor engaged in the business of leasing vehicles and a lessee who is not the vehicle's registered owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.
(4) For the
purposes of Title 46 RCW the term "conviction" means a final
conviction in a state or municipal court or by any federal authority having
jurisdiction over offenses substantially the same as those set forth in Title
46 RCW which occur on federal installations in this state, an unvacated
forfeiture of bail or collateral deposited to secure a defendant's appearance
in court, the payment of a fine, a plea of guilty, or a finding of guilt on a
traffic law violation charge, regardless of whether the imposition of sentence
((is)) or sanctions are deferred or the penalty is suspended,
but not including entry into a deferred prosecution agreement under chapter
10.05 RCW.
(5) For the purposes of Title 46 RCW the term "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.
Sec. 31. Section 24, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 407, Laws of 1985 and RCW 46.20.285 are each amended to read as follows:
The department shall forthwith revoke the license of any driver for the period of one calendar year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:
(1) For vehicular homicide the period of revocation shall be two years;
(2) Vehicular assault;
(3) Driving
a motor vehicle while under the influence of intoxicating liquor or a narcotic
drug, or under the influence of any other drug to a degree which renders ((him))
the driver incapable of safely driving a motor vehicle, upon a showing
by the department's records that the conviction is the second such conviction
for the driver within a period of five years. Upon a showing that the
conviction is the third such conviction for the driver within a period of five
years, the period of revocation shall be two years;
(4) Any felony in the commission of which a motor vehicle is used;
(5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another or resulting in damage to a vehicle that is driven or attended by another;
(6) Perjury or the making of a false affidavit or statement under oath to the department under Title 46 RCW or under any other law relating to the ownership or operation of motor vehicles;
(7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years.
Sec. 32. Section 10, chapter 167, Laws of 1967 as last amended by section 9, chapter 61, Laws of 1979 and RCW 46.20.293 are each amended to read as follows:
The
department is authorized to provide juvenile courts with the department's
record of traffic charges compiled under RCW 46.52.100 and ((13.04.278))
13.50.200, against any minor upon the request of any state juvenile
court or duly authorized officer of any juvenile court of this state. Further,
the department is authorized to provide any juvenile court with any requested
service which the department can reasonably perform which is not inconsistent
with its legal authority which substantially aids juvenile courts in handling
traffic cases and which promotes highway safety.
The
department is authorized to furnish to the parent, parents, or guardian of any
person under eighteen years of age who is not emancipated from such parent,
parents, or guardian, the department records of traffic charges compiled
against ((said)) the person and shall collect for ((said))
the copy a fee of ((one)) four dollars and fifty
cents to be deposited in the highway safety fund.
Sec. 33. Section 9, chapter 148, Laws of 1988 and RCW 46.20.311 are each amended to read as follows:
(1) The
department shall not suspend a driver's license or privilege to drive a motor
vehicle on the public highways for a fixed period of more than one year, except
as permitted under RCW 46.20.342 or 46.61.515. Whenever the license or
driving privilege of any person is suspended by reason of a conviction, a
finding that a traffic infraction has been committed, pursuant to chapter 46.29
RCW, or pursuant to RCW 46.20.291, the suspension shall remain in effect ((and
the department shall not issue to the person any new, duplicate, or renewal
license)) until the person ((pays a reinstatement fee of twenty dollars
and)) gives and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. The department shall not issue
to the person a new, duplicate, or renewal license until the person pays a
reissue fee of twenty dollars. If the suspension is the result of a
violation of RCW 46.61.502 or 46.61.504, the ((reinstatement)) reissue
fee shall be fifty dollars.
(2) Any
person whose license or privilege to drive a motor vehicle on the public
highways has been revoked, unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege renewed or restored
until: (a) After the expiration of one year from the date ((on which the
revoked license was surrendered to and received by the department)) the
license or privilege to drive was revoked; (b) after the expiration of the
applicable revocation period provided by RCW 46.61.515(3) (b) or (c); (c) after
the expiration of two years for persons convicted of vehicular homicide; (d)
after the expiration of one year in cases of revocation for the first refusal within
five years to submit to a chemical test under RCW 46.20.308; (e) after the
expiration of two years in cases of revocation for the second refusal within
five years to submit to a chemical test under RCW 46.20.308; or (f) after the
expiration of the applicable revocation period provided by RCW 46.20.265.
After the expiration of the appropriate period, the person may make application
for a new license as provided by law together with a ((reinstatement)) reissue
fee in the amount of twenty dollars, but if the revocation is the result of a
violation of RCW 46.20.308, 46.61.502, or 46.61.504, the ((reinstatement))
reissue fee shall be fifty dollars. Except for a revocation under RCW
46.20.265, the department shall not then issue a new license unless it is
satisfied after investigation of the driving ability of the person that it will
be safe to grant the privilege of driving a motor vehicle on the public
highways, and until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29 RCW. For
a revocation under RCW 46.20.265, the department shall not issue a new license
unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant that person the privilege of driving a motor
vehicle on the public highways. ((A resident without a license or permit
whose license or permit was revoked under RCW 46.20.308(6) shall give and
thereafter maintain proof of financial responsibility for the future as
provided in chapter 46.29 RCW.))
(3)
Whenever the driver's license of any person is suspended pursuant to Article IV
of the nonresident violators compact or RCW 46.23.020, the ((suspension
shall remain in effect and the)) department shall not issue to the person
any new or renewal license until the person pays a ((reinstatement)) reissue
fee of twenty dollars. If the suspension is the result of a violation of the
laws of another state, province, or other jurisdiction involving (a) the
operation or physical control of a motor vehicle upon the public highways while
under the influence of intoxicating liquor or drugs, or (b) the refusal to
submit to a chemical test of the driver's blood alcohol content, the ((reinstatement))
reissue fee shall be fifty dollars.
Sec. 34. Section 33, chapter 121, Laws of 1965 ex. sess. and RCW 46.20.326 are each amended to read as follows:
Failure to
appear for a driver improvement interview at the time and place stated by the
department in its notice as provided in RCW 46.20.322 and 46.20.323 or failure
to request a driver improvement interview within ten days as provided in ((section
33 of this 1965 amendatory act shall)) RCW 46.20.325 constitutes
a waiver of a driver improvement interview, and the department may take action
without such driver improvement interview, or the department may, upon request
of the person whose privilege to drive may be affected, or at its own option,
re-open the case, take evidence, change or set aside any order theretofore
made, or grant a driver improvement interview.
Sec. 35. Section 3, chapter 148, Laws of 1980 as last amended by section 1, chapter 388, Laws of 1987 and RCW 46.20.342 are each amended to read as follows:
(1) Any person who drives a motor vehicle on any public highway of this state while that person is in a suspended or revoked status or when his or her privilege so to do is suspended or revoked in this or any other state or when his or her policy of insurance or bond, when required under this title, has been canceled or terminated, is guilty of a gross misdemeanor, except that any person who has a valid Washington driver's license is not guilty of a violation of this section. Upon the first conviction for a violation of this section, a person shall be punished by imprisonment for not less than ten days nor more than six months. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days nor more than one year. Upon the third or subsequent such conviction, the person shall be punished by imprisonment for not less than one year. There may also be imposed in connection with each such conviction a fine of not more than five hundred dollars.
(2) Except as otherwise provided in this subsection, upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section upon a charge of driving a vehicle while the license or privilege of the person is under suspension, the department shall extend the period of the suspension for an additional like period and if the conviction was upon a charge of driving while a license was revoked the department shall not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored. The department shall not so extend the period of suspension or revocation if the court recommends against the extension and:
(a) The convicted person has obtained a valid driver's license; or
(b) The department determines that the convicted person has demonstrated proof of future financial responsibility as provided for in chapter 46.29 RCW, and, if the suspension or revocation was the result of a violation of RCW 46.61.502 or 46.61.504, that the person is making satisfactory progress in any required alcoholism treatment program.
Sec. 36. Section 1, chapter 5, Laws of 1973 as last amended by section 5, chapter 407, Laws of 1985 and RCW 46.20.391 are each amended to read as follows:
(1) Any
person licensed under this chapter ((who is convicted of an offense relating
to motor vehicles for which suspension or revocation of the driver's license is
mandatory)) or any nonresident granted the privilege of driving a motor
vehicle on the highways of this state, whose driver's license or driving
privilege has been suspended or revoked, other than for vehicular
homicide ((or)), vehicular assault, or for a physical or
mental disability that would affect that person's ability to operate a motor
vehicle with safety upon the highways, may submit to the department an
application for an occupational driver's license. The department, upon receipt
of the prescribed fee and upon determining that the petitioner is engaged in an
occupation or trade that makes it essential that the petitioner operate a motor
vehicle, may issue an occupational driver's license and may set definite
restrictions as provided in RCW 46.20.394. No person may ((petition)) apply
for, and the department shall not issue, an occupational driver's license that
is effective during the first thirty days of any suspension or revocation
imposed under RCW 46.61.515. A person aggrieved by the decision of the
department on the application for an occupational driver's license may request
a hearing as provided by rule of the department.
(2) An applicant for an occupational driver's license is eligible to receive such license only if:
(a) Within
one year immediately preceding the present ((conviction)) suspension
or revocation, the applicant has not been convicted of any offense relating
to motor vehicles for which suspension or revocation of a driver's license is
mandatory; and
(b) Within
five years immediately preceding the present ((conviction)) suspension
or revocation, the applicant has not been convicted of driving or being in
actual physical control of a motor vehicle while under the influence of
intoxicating liquor under RCW 46.61.502 or 46.61.504, of vehicular homicide
under RCW 46.61.520, or of vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and
(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
Sec. 37. Section 6, chapter 1, Laws of 1969 and RCW 46.20.911 are each amended to read as follows:
If any
provision of RCW ((46.20.092,)) 46.20.308, 46.20.311, and 46.61.506
or its application to any person or circumstance is held invalid, the remainder
of RCW ((46.20.092,)) 46.20.308, 46.20.311, and 46.61.506, or the
application of the provision to other persons or circumstances is not affected.
Sec. 38. Section 14, chapter 178, Laws of 1989 and RCW 46.25.120 are each amended to read as follows:
(1) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to RCW 46.61.506, to take a test or tests of that person's blood or breath for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(2) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol in his or her system.
(3) The law enforcement officer requesting the test under subsection (1) of this section shall warn the person requested to submit to the test that a refusal to submit will result in that person being disqualified from operating a commercial motor vehicle under RCW 46.25.090.
(4) If the person refuses testing, or submits to a test that discloses an alcohol concentration of 0.04 or more, the law enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to subsection (1) of this section and that the person refused to submit to testing, or submitted to a test that disclosed an alcohol concentration of 0.04 or more.
(5) Upon
receipt of the sworn report of a law enforcement officer under subsection (4)
of this section, the department shall disqualify the driver from driving a
commercial motor vehicle under RCW 46.25.090, subject to the hearing provisions
of RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county
of the arrest. For the purposes of this section, the hearing shall cover the
issues of whether a law enforcement officer had reasonable grounds to believe
the person had been driving or was in actual physical control of a commercial
motor vehicle within this state while ((under the influence of alcohol or
any drug, whether the person was placed under arrest)) having alcohol in
the person's system, whether the person refused to submit to the test or
tests upon request of the officer after having been informed that the refusal
would result in the disqualification of the person from driving a commercial
motor vehicle, and, if the test was administered, whether the results indicated
an alcoholic concentration in that person's blood of 0.04 percent or more. The
department shall order that the disqualification of the person either be
rescinded or sustained. Any decision by the department disqualifying a person
from driving a commercial motor vehicle is stayed and does not take effect
while a formal hearing is pending under this section or during the pendency of
a subsequent appeal to superior court so long as there is no conviction for a
moving violation or no finding that the person has committed a traffic
infraction that is a moving violation during the pendency of the hearing and
appeal. If the disqualification of the person is sustained after the hearing,
the person who is disqualified may file a petition in the superior court of the
county of arrest to review the final order of disqualification by the
department in the manner provided in RCW 46.20.334.
Sec. 39. Section 11, chapter 169, Laws of 1963 as last amended by section 1, chapter 378, Laws of 1987 and RCW 46.29.110 are each amended to read as follows:
((In the
event that any)) If a person required to deposit security under this
chapter fails to deposit such security within ((thirty)) sixty
days after the department has sent the notice as hereinbefore provided, the
department shall thereupon suspend:
(1) The driver's license of each driver in any manner involved in the accident;
(2) The
driver's license of the owner of each vehicle of a type subject to registration
under the laws of this state involved in ((such)) the accident;
(3) If the
driver or owner is a nonresident, the privilege of operating within this state
a vehicle of a type subject to registration under the laws of this state((;)).
Such suspensions shall be made in respect to persons required by the department to deposit security who fail to deposit such security except as otherwise provided under succeeding sections of this chapter.
Sec. 40. Section 33, chapter 169, Laws of 1963 as last amended by section 3, chapter 44, Laws of 1969 ex. sess. and RCW 46.29.330 are each amended to read as follows:
The
department upon receipt of the certificates provided for by RCW 46.29.310, on a
form provided by the department, shall forthwith suspend the license and any
nonresident's driving privilege of any person against whom such judgment was
rendered, except as ((hereinafter)) otherwise provided in ((this
section or in other sections of)) this chapter.
((When
the certificates transmitted to the department under RCW 46.29.310 indicate
that a default judgment has been entered against the defendant but do not indicate
clearly that service of summons was on the person of the defendant, then the
department shall promptly notify the defendant by first class mail addressed to
the address in the department's records under RCW 46.20.205 (if a nonresident,
then to the comparable record in his home state) that within twenty-five days
of the mailing date, which shall be indicated on the notice, he may request a
hearing on the question of the suspension of his license or nonresident driving
privilege. If the defendant does not make a timely request for a hearing, then
the suspension shall be forthwith executed. Should a hearing be timely
requested, then the department shall convene a hearing in conformity with
chapter 34.04 RCW, as now law or hereafter amended. The defendant's license or
nonresident driving privilege shall not be suspended if at such hearing he
overcomes the following presumptions:
(a) That he
received actual and timely notice of the suit against him.
(b) That he
would have received actual and timely notice had he conformed to the provisions
of RCW 46.20.205.
(c) That he
would have received actual and timely notice had he not thwarted the attempt or
attempts to so notify him.))
Sec. 41. Section 43, chapter 169, Laws of 1963 as last amended by section 1, chapter 371, Laws of 1987 and RCW 46.29.430 are each amended to read as follows:
((In the
event that any)) If a person required to give proof of financial
responsibility under RCW 46.29.420 fails to give such proof within ((twenty))
sixty days after the department has sent notice as hereinbefore
provided, the department shall suspend, or continue in effect any existing
suspension or revocation of, the license or any nonresident's driving privilege
of ((such)) the person.
Sec. 42. Section 61, chapter 169, Laws of 1963 and RCW 46.29.610 are each amended to read as follows:
(1) Any
person whose license shall have been suspended under any provision of this
chapter, or whose policy of insurance or bond, when required under this
chapter, shall have been canceled or terminated, shall immediately return ((his))
the license to the department. ((If any person shall fail to return
to the department the license as provided herein, the department shall forthwith
direct any peace officer to secure possession thereof and to return the same to
the department.))
(2) Any
person willfully failing to return (([a])) a license as
required in ((paragraph)) subsection (1) of this section ((shall
be)) is guilty of a misdemeanor.
Sec. 43. Section 4, chapter 232, Laws of 1967 as last amended by section 732, chapter 330, Laws of 1987 and by section 1, chapter 454, Laws of 1987 and RCW 46.37.530 are each reenacted and amended to read as follows:
(1) It is unlawful:
(a) For any
person to operate a motorcycle or motor-driven cycle not equipped with mirrors
on the left and right sides of the motorcycle which shall be so located as to
give the driver a complete view of the highway for a distance of at least two
hundred feet to the rear of the motorcycle or motor-driven cycle((:
PROVIDED, That)). However, mirrors ((shall)) are not
((be)) required on any motorcycle or motor-driven cycle over twenty-five
years old originally manufactured without mirrors and which has been restored
to its original condition and which is being ridden to or from or otherwise in
conjunction with an antique or classic motorcycle contest, show, or other such
assemblage((: PROVIDED FURTHER, That)), and no mirror is
required on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;
(c) For any
person under the age of eighteen years to operate or ride upon a motorcycle or
motor-driven cycle on a state highway, county road, or city street unless
wearing upon his or her head a protective helmet of a type conforming to rules
adopted by the ((commission on equipment)) state patrol. The
helmet must be equipped with either a neck or chin strap which shall be
fastened securely while the motorcycle or motor-driven cycle is in motion;
(d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol.
(2) The
state patrol ((is hereby authorized and empowered to)) may adopt
and amend rules, pursuant to the Administrative Procedure Act,
concerning the standards and procedures for conformance of rules adopted for
glasses, goggles, face shields, and protective helmets.
Sec. 44. Section 46.56.135, chapter 12, Laws of 1961 as last amended by section 1, chapter 89, Laws of 1986 and RCW 46.61.655 are each amended to read as follows:
(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
(2) No
person may operate on any public highway any vehicle with any load unless the
load and such covering as required thereon ((be [by])) by
subsection (3) of this section is securely fastened to prevent the covering or
load from becoming loose, detached, or in any manner a hazard to other users of
the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
(4) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
(5) The ((legislative
transportation committee shall monitor the effects of subsections (2) through
(4) of this section after June 11, 1986, until January 1, 1987, to determine if
modifications to this section are necessary.
(6) The
commission on equipment)) state patrol may make necessary rules to carry into effect the
provisions of this section, applying such provisions to specific conditions and
loads and prescribing means, methods, and practices to effectuate such
provisions.
(((7)))
(6) Nothing in this section may be construed to prohibit a public
maintenance vehicle from dropping sand on a highway to enhance traction, or
sprinkling water or other substances to clean or maintain a highway.
Sec. 45. Section 2, chapter 151, Laws of 1961 and RCW 46.61.685 are each amended to read as follows:
It ((shall
be)) is unlawful for any person, while operating or in charge of a
vehicle, to park or willfully allow such vehicle to stand upon a public
highway or in a public place with its motor running, leaving a minor child or
children under the age of sixteen years unattended ((therein)) in the
vehicle.
Any person
violating the provisions of this section ((shall be)) is guilty
of a misdemeanor. Upon a second or subsequent conviction for a violation of ((the
provisions of)) this section, the ((court)) department
shall((, in addition to such fine or imprisonment as provided by law,))
revoke the operator's license of such person.
Sec. 46. Section 1, chapter 152, Laws of 1986 and RCW 46.61.688 are each amended to read as follows:
(1) For the purposes of this section, the term "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
(d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.
(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device.
(5) ((During
the period from June 11, 1986, to January 1, 1987, a person violating this
section may be issued a written warning of the violation. After January 1,
1987,)) A person violating this section shall be issued a notice of
traffic infraction under chapter 46.63 RCW. A finding that a person has
committed a traffic infraction under this section shall be contained in the
driver's abstract but shall not be available to insurance companies or
employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
(7) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense.
(8) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
(9) The ((commission
on equipment)) state patrol may adopt rules exempting operators or
occupants of farm vehicles, construction equipment, and vehicles that are
required to make frequent stops from the requirement of wearing safety belts.
Sec. 47. Section 3, chapter 186, Laws of 1986 as amended by section 2, chapter 181, Laws of 1987, section 55, chapter 244, Laws of 1987, section 6, chapter 247, Laws of 1987, and by section 11, chapter 388, Laws of 1987 and RCW 46.63.020 are each reenacted and amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) ((RCW
46.16.160 relating to vehicle trip permits;
(8))) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;
(10) RCW 46.20.021 relating to driving without a valid driver's license;
(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;
(14) ((RCW
46.20.416 relating to driving while in a suspended or revoked status;
(15))) RCW 46.20.420 relating to the operation of a motor
vehicle with a suspended or revoked license;
(((16)))
(15) RCW 46.20.750 relating to assisting another person to start a
vehicle equipped with an ignition interlock device;
(((17)))
(16) Chapter 46.29 RCW relating to financial responsibility;
(((18)))
(17) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(((19)))
(18) RCW 46.48.175 relating to the transportation of dangerous
articles;
(((20)))
(19) RCW 46.52.010 relating to duty on striking an unattended car or
other property;
(((21)))
(20) RCW 46.52.020 relating to duty in case of injury to or death of a
person or damage to an attended vehicle;
(((22)))
(21) RCW 46.52.090 relating to reports by repairmen, storagemen, and
appraisers;
(((23)))
(22) RCW 46.52.100 relating to driving under the influence of liquor or
drugs;
(((24)))
(23) RCW 46.52.130 relating to confidentiality of the driving record to
be furnished to an insurance company, an employer, and an alcohol/drug
assessment or treatment agency;
(((25)))
(24) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(((26)))
(25) RCW 46.61.015 relating to obedience to police officers, flagmen,
or fire fighters;
(((27)))
(26) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(((28)))
(27) RCW 46.61.022 relating to failure to stop and give identification
to an officer;
(((29)))
(28) RCW 46.61.024 relating to attempting to elude pursuing police
vehicles;
(((30)))
(29) RCW 46.61.500 relating to reckless driving;
(((31)))
(30) RCW 46.61.502 and 46.61.504 relating to persons under the
influence of intoxicating liquor or drugs;
(((32)))
(31) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(((33)))
(32) RCW 46.61.522 relating to vehicular assault;
(((34)))
(33) RCW 46.61.525 relating to negligent driving;
(((35)))
(34) RCW 46.61.530 relating to racing of vehicles on highways;
(((36)))
(35) RCW 46.61.685 relating to leaving children in an unattended
vehicle with the motor running;
(((37)))
(36) RCW 46.64.010 relating to unlawful cancellation of or attempt to
cancel a traffic citation;
(((38)))
(37) RCW 46.64.020 relating to nonappearance after a written promise;
(((39)))
(38) RCW 46.64.048 relating to attempting, aiding, abetting, coercing,
and committing crimes;
(((40)))
(39) Chapter 46.65 RCW relating to habitual traffic offenders;
(((41)))
(40) Chapter 46.70 RCW relating to unfair motor vehicle business
practices, except where that chapter provides for the assessment of monetary
penalties of a civil nature;
(((42)))
(41) Chapter 46.72 RCW relating to the transportation of passengers in
for hire vehicles;
(((43)))
(42) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((44)))
(43) Chapter 46.82 RCW relating to driver's training schools;
(((45)))
(44) RCW 46.87.260 relating to alteration or forgery of a cab card,
letter of authority, or other temporary authority issued under chapter 46.87
RCW;
(((46)))
(45) RCW 46.87.290 relating to operation of an unregistered or
unlicensed vehicle under chapter 46.87 RCW.
Sec. 48. Section 46.56.210, chapter 12, Laws of 1961 and RCW 46.64.048 are each amended to read as follows:
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a traffic infraction or a crime, whether individually or in connection with one or more other persons or as principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or willfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense.
Sec. 49. Section 46.64.020, chapter 12, Laws of 1961 as last amended by section 1, chapter 38, Laws of 1988 and RCW 46.64.020 are each amended to read as follows:
(1) The legislature finds that:
(a) Traffic laws are necessary for the safe and expeditious flow of motor vehicle traffic.
(b) For traffic laws to be effective, they must be judiciously and fairly enforced. This enforcement includes the issuance of notices of infraction and citations and the assessment of fines and penalties.
(c) The adjudication of notices of infraction through a written and signed promise to respond, and of citations through a written and signed promise to appear, as provided in this title is an integral and important part of the traffic law system.
(d) Approximately twenty percent of all people issued notices of infraction and citations violate their written and signed promise to respond or appear and obtain notices of failure to respond or appear on their driving records. Through their actions, these people are destroying the effectiveness of the traffic law system and undermining the department of licensing regulatory control of drivers' licenses.
(e) Notices of failure to respond or appear accumulated on a person's driving record shall be considered if they were issued after July 25, 1987.
(2) Any person violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of traffic infraction, as provided in this title, is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested or the disposition of the notice of infraction: PROVIDED, That a written promise to appear in court or a written promise to respond to a notice of traffic infraction may be complied with by an appearance by counsel: PROVIDED FURTHER, That a person charged under RCW 46.20.021 with driving with an expired driver's license may respond by mailing to the court within fifteen days of the violation, a copy of the person's currently valid driver's license. Any person who has been issued a notice of infraction pursuant to RCW 46.63.030(3) and who fails to respond as provided in this title is guilty of a misdemeanor regardless of the disposition of the notice of infraction.
(3) Any
person who drives a motor vehicle within the state and has accumulated two or
more notices of failure to appear or respond on his or her driving
record maintained by the department of licensing in any five-year period as a
result of noncompliance with the traffic ((infraction)) laws in any
jurisdiction or court within Washington, or in any jurisdiction or court within
other states which are signatories with Washington in a nonresident violator
compact or reciprocal agreement under chapter 46.23 RCW, shall be guilty of
failure to comply, a gross misdemeanor. A person is not subject to this
subsection for failure to pay a fine for any pedestrian, bicycling, or parking
offense.
Probable cause for arrest under this subsection is established by the officer obtaining, orally or in writing, information from the department of licensing that two or more notices of failure to appear or respond are on the person's driving record. For purposes of this chapter, failure to satisfy any penalties imposed under this title is considered equivalent to failure to appear or respond.
Venue for prosecution shall be in the court with jurisdiction in the area of apprehension.
Sec. 50. Section 9, chapter 284, Laws of 1971 ex. sess. as amended by section 4, chapter 62, Laws of 1979 and RCW 46.65.070 are each amended to read as follows:
No license
to operate motor vehicles in Washington shall be issued to an habitual offender
(1) for a period of five years from the date of the license revocation except
as provided in RCW 46.65.080, and (2) until the privilege of such person to
operate a motor vehicle in this state has been restored by the department of
licensing as ((hereinafter)) provided in this chapter ((provided)).
Sec. 51. Section 6, chapter 241, Laws of 1986 and RCW 46.70.029 are each amended to read as follows:
Listing
dealers shall transact dealer business by obtaining a ((consignment)) listing
agreement for sale, and the buyer's purchase of the mobile home shall be
handled as dealer inventory. All funds from the purchaser shall be placed in a
trust account until the sale is completed, except that the dealer shall pay any
outstanding liens against the mobile home from these funds. Where title has
been delivered to the purchaser, the listing dealer shall pay the amount due a
seller within ten days after the sale of a listed mobile home. A complete
account of all funds received and disbursed shall be given to the seller or
consignor after the sale is completed. The sale of listed mobile homes
imposes the same duty under RCW 46.12.120 on the listing dealer as any other
sale.
Sec. 52. Section 6, chapter 74, Laws of 1967 ex. sess. as last amended by section 8, chapter 241, Laws of 1986 and RCW 46.70.041 are each amended to read as follows:
(1) Every application for a vehicle dealer license shall contain the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the applicant's identity, including but not limited to his fingerprints, the honesty, truthfulness, and good reputation of the applicant for the license, or of the officers of a corporation making the application;
(b) The applicant's form and place of organization including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner, officer, or director has ever been adjudged bankrupt or has any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime which directly relates to the business for which the license is sought and the time elapsed since the conviction is less than ten years, or has suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle dealer wishes to sell;
(h) The names and addresses of each manufacturer from whom the applicant has received a franchise;
(i) Whether the applicant intends to sell used vehicles, and if so, whether he has space available for servicing and repairs;
(j) A
certificate by ((the chief of police or his deputy, or a member of the
Washington state patrol or)) a representative of the department, that the
applicant's principal place of business and each subagency business location in
the state of Washington meets the location requirements as required by this
chapter. The certificate shall include proof of the applicant's ownership or
lease of the real property where the applicant's principal place of business is
established((. In no event may the certificate be issued by a member of the
Washington state patrol if the dealership is located in a city which has a
population in excess of five thousand persons));
(k) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring the applicant, upon demand of any customer receiving a new vehicle warranty to perform or arrange for, within a reasonable distance of his established place of business, the service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange, to offer, to auction, to solicit, or to advertise new or current-model vehicles with factory or distributor warranties;
(l) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising, and which classification or classifications the dealer wishes to be designated as;
(m) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of the Washington state representative of the applicant;
(b) The name or names under which the applicant will do business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee manufactures;
(e) The name or names and address or addresses of each and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to vehicles located in the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured, unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require.
Sec. 53. Section 13, chapter 74, Laws of 1967 ex. sess. as last amended by section 10, chapter 241, Laws of 1986 and RCW 46.70.061 are each amended to read as follows:
(1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Five hundred dollars;
(b) Vehicle dealers, each subagency: Fifty dollars; temporary subagency: Twenty-five dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Two hundred fifty dollars;
(b) Vehicle dealer, each and every subagency: Twenty-five dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.
(3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.
(4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for vehicle license plates exclusive of excise tax, except those specified in RCW 82.44.030, and gross weight and tonnage fees.
(5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.
(6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.
Sec. 54. Section 10, chapter 74, Laws of 1967 ex. sess. as last amended by section 12, chapter 241, Laws of 1986 and RCW 46.70.083 are each amended to read as follows:
The license
of a vehicle dealer or a vehicle manufacturer expires on the date ((assigned
by the director, and)) that is twelve consecutive months from the date
of issuance. The license may be renewed by filing with the department
prior to the expiration ((thereof an)) of the license, a renewal
application containing such information as the department may require to indicate
any material change in the information contained in the original application.
((Before
renewal,)) The dealer's established place of business shall be
certified by a representative of the department((, the chief of police or
his deputy, or a member of the Washington state patrol)) at least once
every thirty-two months, or more frequently as determined necessary by the
department. The certification ((shall)) will verify
compliance with the requirements of this chapter for an established place of
business. Failure by the dealer to comply at any time is grounds for license
suspension or revocation, denial of the renewal application, or monetary
assessment.
Sec. 55. Section 2, chapter 109, Laws of 1985 and RCW 46.70.085 are each amended to read as follows:
Notwithstanding
any provision of law to the contrary, the director may extend or diminish
licensing periods of dealers((,)) and manufacturers((, and
salespersons)) for the purpose of staggering renewal periods. The
extension or diminishment shall be by rule of the department adopted in
accordance with chapter 34.05 RCW.
Sec. 56. Section 46.76.040, chapter 12, Laws of 1961 and RCW 46.76.040 are each amended to read as follows:
The fee for
an original transporter's license ((shall be)) is twenty-five
dollars. Transporter license number plates bearing an appropriate symbol and
serial number shall be attached to all vehicles being delivered in the conduct
of the business licensed under ((the provisions hereof. Such)) this
chapter. The plates may be obtained for a fee of two dollars for each
set. ((New plates must be procured with each annual renewal.))
Sec. 57. Section 1, chapter 110, Laws of 1971 ex. sess. as last amended by section 2, chapter 142, Laws of 1983 and RCW 46.79.010 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
(1) (("Abandoned
vehicle" means any vehicle left within the limits of any highway or upon
the property of another without the consent of the owner of such property for a
period of twenty-four hours or longer, except that a vehicle shall not be
considered abandoned if its owner or operator is unable to remove it from the
place where it is located and so notifies law enforcement officials and
requests assistance.
(2)
"Abandoned automobile hulk" means the abandoned remnant, major
component part, or remains of a motor vehicle which is inoperative and cannot
be made mechanically operative without the addition of parts or mechanisms and
the application of a substantial amount of labor to effect repairs.
(3))) "Junk vehicle" means a motor vehicle
certified under RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of the scrap in it.
(2) "Scrap processor" means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.
(((4)))
(3) "Demolish" means to destroy completely by use of a
hydraulic baler and shears, or a shredder.
(((5)))
(4) "Hulk hauler" means any person who deals in vehicles for
the sole purpose of transporting and/or selling them to a licensed motor
vehicle wrecker or scrap processor in substantially the same form in which they
are obtained. A hulk hauler may not sell second-hand motor vehicle parts to
anyone other than a licensed vehicle wrecker or scrap processor, except for those
parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended,
which may be sold to a licensed motor vehicle wrecker or disposed of at a
public facility for waste disposal.
(((6)))
(5) "Director" means the director of licensing.
(((7)))
(6) "Major component parts" include engines and short blocks,
frames, transmissions or transfer cases, cabs, doors, front or rear
differentials, front or rear clips, quarter panels or fenders, bumpers, truck
beds or boxes, seats, and hoods.
Sec. 58. Section 2, chapter 110, Laws of 1971 ex. sess. as last amended by section 1, chapter 62, Laws of 1987 and RCW 46.79.020 are each amended to read as follows:
Any hulk hauler or scrap processor licensed under the provisions of this chapter may:
(1)
Notwithstanding any other provision of law, transport any flattened or junk ((abandoned))
vehicle ((hulk)) whether such ((hulk)) vehicle is from in
state or out of state, to a scrap processor upon obtaining the certificate of
title or release of interest from the owner or an affidavit of sale from the
landowner who has complied with RCW 46.55.230. The scrap processor shall
forward such document(s) to the department, together with a monthly report of
all vehicles acquired from other than a licensed automobile wrecker, and no
further identification shall be necessary.
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker only by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted by a scrap processor or wrecker. Such parts may be removed only at a properly zoned location, and all preparation activity, vehicles, and vehicle parts shall be obscured from public view. Storage is limited to two vehicles or the parts thereof which are authorized by this subsection, and any such storage may take place only at a properly zoned location. Any vehicle parts removed under the authority of this subsection shall be lawfully disposed of at or through a public facility or service for waste disposal or by sale to a licensed motor vehicle wrecker.
Sec. 59. Section 7, chapter 110, Laws of 1971 ex. sess. as amended by section 5, chapter 142, Laws of 1983 and RCW 46.79.070 are each amended to read as follows:
The director may by order pursuant to the provisions of chapter 34.05 RCW, deny, suspend, or revoke the license of any hulk hauler or scrap processor or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed five hundred dollars per violation, whenever the director finds that the applicant or licensee:
(1) Removed
a vehicle or vehicle major component part from property without obtaining both
the written permission of the property owner and documentation approved by the
department for acquiring vehicles, ((abandoned vehicle hulks)) junk
vehicles, or major component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or major component part thereof when he or she knew that such vehicle or part had been stolen or appropriated without the consent of the owner;
(3) Sold, bought, received, concealed, had in his or her possession, or disposed of a vehicle or major component part thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition, disposition, registration, titling, or licensing of a vehicle pursuant to Title 46 RCW;
(5) Committed any dishonest act or omission which has caused loss or serious inconvenience as a result of the acquisition or disposition of a vehicle or any major component part thereof;
(6) Failed to comply with any of the provisions of this chapter or other applicable law relating to registration and certificates of title of vehicles and any other document releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or vehicles and failed to take all remnants and debris from those vehicles from that area unless requested not to do so by the person authorizing the removal;
(8) Removed parts from a vehicle at other than an approved location or removed or sold parts or vehicles beyond the scope authorized by this chapter or any rule adopted hereunder;
(9) Been adjudged guilty of a crime which directly relates to the business of a hulk hauler or scrap processor and the time elapsed since the adjudication is less than five years. For the purposes of this section adjudged guilty means, in addition to a final conviction in either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the imposition of sentence is deferred or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid.
Sec. 60. Section 46.80.030, chapter 12, Laws of 1961 as last amended by section 193, chapter 158, Laws of 1979 and RCW 46.80.030 are each amended to read as follows:
Application for a motor vehicle wrecker's license or renewal of a vehicle wrecker's license shall be made on a form for this purpose, furnished by the department of licensing, and shall be signed by the motor vehicle wrecker or his authorized agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or town having a population of over five thousand persons and in all other instances a member of the Washington state patrol certifying that:
(a) The applicant has an established place of business at the address shown on the application, and;
(b) In the
case of a renewal of a vehicle wrecker's license, the applicant ((has been
complying with the provisions of)) is in compliance with this chapter((,
as now or hereafter amended,)) and the provisions of Title 46 RCW, relating
to registration and certificates of title: PROVIDED, That the above
certifications in any instance can be made by an authorized representative of
the department of licensing;
(4) Any other information that the department may require.
Sec. 61. Section 14, chapter 51, Laws of 1979 ex. sess. and RCW 46.82.410 are each amended to read as follows:
All moneys
collected from driver training school licenses and instructor licenses shall be
deposited in the ((general)) highway safety fund.
NEW SECTION. Sec. 62. A new section is added to chapter 46.87 RCW to read as follows:
Owners of rental trailers and semitrailers over six thousand pounds gross vehicle weight, and converter gears used solely in pool fleets shall fully register a portion of the pool fleet in this state. To determine the percentage of total fleet vehicles that must be registered in this state, divide the gross revenue received in the preceding year for the use of the rental vehicles arising from rental transactions occuring in this state by the total revenue received in the preceding year for the use of the rental vehicles arising from rental transactions in all jurisdictions in which the vehicles are operated. Apply the resulting percentage to the total number of vehicles that shall be registered in this state. Vehicles registered in this state shall be representative of the vehicles in the fleet according to age, size, and value.
Sec. 63. Section 17, chapter 244, Laws of 1987 and RCW 46.87.025 are each amended to read as follows:
All
vehicles being added to an existing Washington-based fleet or those vehicles
that make up a new Washington-based fleet shall be titled in the name of the ((fleet))
owner at time of registration, or evidence of filing application for title for
such vehicles in the name of the owner shall accompany the application for
proportional registration.
Sec. 64. Section 25, chapter 244, Laws of 1987 and RCW 46.87.120 are each amended to read as follows:
(1) The initial application for proportional registration of a fleet shall state the mileage data with respect to the fleet for the preceding year in this and other jurisdictions. If no operations were conducted with the fleet during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in each of the jurisdictions in which operation is contemplated. The registrant shall determine the in-jurisdiction and total miles to be used in computing the fees and taxes due for the fleet. The department may evaluate and adjust the estimate in the application if it is not satisfied as to its correctness.
(2) When the nonmotor vehicles of a fleet are operated in jurisdictions in addition to those in which the motor vehicles of the fleet are operated, or when the nonmotor vehicles of a fleet are operated with motor vehicles that are not part of the fleet, the registrant shall place such nonmotor vehicles in a separate fleet.
(3) In instances where the use of mileage accumulated by a nonmotor vehicle fleet is impractical, for the purpose of calculating prorate percentages, the registrant may request another method or unit of measure, or both, to be used in determining the prorate percentages. Upon receiving the request, the department may prescribe another method or unit of measure, or both, to be used in lieu of mileage that will ensure each jurisdiction that requires the registration of nonmotor vehicles its fair share of vehicle licensing fees and taxes.
(4) When operations of a Washington-based fleet is materially changed through merger, acquisition, or extended authority, the registrant shall notify the department, which shall then require the filing of an amended application setting forth the proposed operation by use of estimated mileage for all jurisdictions. The department may adjust the estimated mileage by audit or otherwise to an actual travel basis to insure proper fee payment. The actual travel basis may be used for determination of fee payments until such time as a normal mileage year is available under the new operation. Under the provisions of the Western Compact, this subsection applies to any fleet proportionally registered in Washington irrespective of the fleet's base jurisdiction.
Sec. 65. Section 40, chapter 244, Laws of 1987 and RCW 46.87.270 are each amended to read as follows:
Every Washington-based motor vehicle registered under this chapter shall have the maximum gross weight or maximum combined gross weight for which the vehicle is licensed in this state, painted or stenciled in letters or numbers of contrasting color not less than two inches in height in a conspicuous place on the right and left sides of the vehicle. It is unlawful for the owner or operator of any motor vehicle to display a maximum gross weight or maximum combined gross weight other than that shown on the current cab card of the vehicle.
Sec. 66. Section 1, chapter 19, Laws of 1985 as last amended by section 1, chapter 24, Laws of 1988 and RCW 46.90.300 are each amended to read as follows:
The
following sections of the Revised Code of Washington as now or hereafter
amended are hereby adopted by reference as a part of this chapter in all
respects as though such sections were set forth herein in full: RCW 46.12.070,
46.12.080, 46.12.101, 46.12.102, 46.12.260, 46.12.300, 46.12.310, 46.12.320,
46.12.330, 46.12.340, 46.12.350, 46.12.380, 46.16.010, 46.16.011, 46.16.025,
46.16.028, 46.16.030, 46.16.088, 46.16.135, 46.16.140, 46.16.145, 46.16.170,
46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.381, 46.16.390, 46.16.500,
46.16.505, 46.16.710, 46.20.021, 46.20.022, 46.20.025, 46.20.027, 46.20.031,
46.20.041, 46.20.045, 46.20.190, 46.20.220, 46.20.308, 46.20.336, 46.20.342,
46.20.343, 46.20.344, 46.20.391, 46.20.394, 46.20.410, ((46.20.416,))
46.20.420, 46.20.430, 46.20.435, 46.20.440, 46.20.500, 46.20.510, 46.20.550, ((46.20.599,))
46.20.750, 46.29.605, 46.29.625, 46.32.060, 46.32.070, 46.37.010, 46.37.020,
46.37.030, 46.37.040,!se 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090,
46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160,
46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188,
46.37.190, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230,
46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310,
46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380,
46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.425, 46.37.430, 46.37.440,
46.37.450, 46.37.460, 46.37.465, 46.37.467, 46.37.480, 46.37.490, 46.37.500,!se
46.37.510, 46.37.513, 46.37.517, 46.37.520, 46.37.522, 46.37.523, 46.37.524,
46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539,
46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610,
46.44.010, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041,
46.44.042, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.090, 46.44.091,
46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.100, 46.44.120,!se 46.44.130,
46.44.140, 46.44.170, 46.44.173, 46.44.175, 46.44.180, 46.48.170, 46.52.010,
46.52.020, 46.52.030, 46.52.040, 46.52.070, 46.52.080, 46.52.088, 46.52.090,
46.52.100, 46.65.090, 46.79.120, and 46.80.010.
Sec. 67. Section 82.36.010, chapter 15, Laws of 1961 as last amended by section 1, chapter 174, Laws of 1987 and RCW 82.36.010 are each amended to read as follows:
For the purposes of this chapter:
(1) "Motor vehicle" means every vehicle that is in itself a self-propelled unit, equipped with solid rubber, hollow-cushion rubber, or pneumatic rubber tires and capable of being moved or operated upon a public highway, except motor vehicles used as motive power for or in conjunction with farm implements and machines or implements of husbandry;
(2) "Motor vehicle fuel" means gasoline or any other inflammable gas or liquid, by whatsoever name such gasoline, gas, or liquid may be known or sold, the chief use of which is as fuel for the propulsion of motor vehicles or motorboats;
(3) "Distributor" means every person who refines, manufactures, produces, or compounds motor vehicle fuel and sells, distributes, or in any manner uses it in this state; also every person engaged in business as a bona fide wholesale merchant dealing in motor vehicle fuel who either acquires it within the state from any person refining it within or importing it into the state, on which the tax has not been paid, or imports it into this state and sells, distributes, or in any manner uses it in this state;
(4) "Service station" means a place operated for the purpose of delivering motor vehicle fuel into the fuel tanks of motor vehicles;
(5) "Department" means the department of licensing;
(6) "Director" means the director of licensing;
(7) "Dealer" means any person engaged in the retail sale of liquid motor vehicle fuels;
(8) "Person" means every natural person, firm, partnership, association, or private or public corporation;
(9) "Highway" means every way or place open to the use of the public, as a matter of right, for purposes of vehicular travel;
(10) "Broker" means every person, other than a distributor, engaged in business as a broker, jobber, or wholesale merchant dealing in motor vehicle fuel or other petroleum products used or usable in propelling motor vehicles, or in other petroleum products which may be used in blending, compounding, or manufacturing of motor vehicle fuel;
(11) "Producer" means every person, other than a distributor, engaged in the business of producing motor vehicle fuel or other petroleum products used in, or which may be used in, the blending, compounding, or manufacturing of motor vehicle fuel;
(12) "Distribution" means all withdrawals of motor vehicle fuel for delivery to others, to retail service stations, or to unlicensed bulk storage plants;
(13) "Bulk storage plant" means, pursuant to the licensing provisions of RCW 82.36.070, any plant, under the control of the distributor, used for the storage of motor vehicle fuel to which no retail outlets are directly connected by pipe lines;
(14) "Marine fuel dealer" means any person engaged in the retail sale of liquid motor vehicle fuel whose place of business and or sale outlet is located upon a navigable waterway;
(15) "Aggregate motor vehicle fuel tax revenues" means the amount of excise taxes to be paid by distributors, retailers, and users pursuant to chapters 82.36, 82.37, and 82.38 RCW for any designated fiscal period, whether or not such amounts are actually received by the department of licensing. The phrase does not include fines or penalties assessed for violations;
(16) "Fiscal year" means a twelve-month period ending June 30th;
(17) "State personal income" means the dollar amount published as total personal income of persons in the state for the calendar year by the United States department of commerce or its successor agency;
(18) "State personal income ratio" for any calendar year means that ratio expressed in percentage terms that is the sum of one hundred percent, plus seventy percent of the percentage increase or decrease in state personal income for the calendar year under consideration as compared to state personal income for the immediately preceding calendar year;
(19) "Motor vehicle fund revenue" means all state taxes, fees, and penalties deposited in the motor vehicle fund and all other state revenue required by statute to be deposited in the motor vehicle fund, but does not include (a) moneys derived from nonfuel tax sources which are deposited directly in the several accounts, (b) interest deposited directly in the several accounts within the motor vehicle fund, (c) federal funds, (d) proceeds from the sale of bonds, or (e) reimbursements to the motor vehicle fund for services performed by the department of transportation for others;
(20)
"Alcohol" means alcohol that is produced from renewable resources ((and
is produced in this state or in a state that extends a tax exemption or credit
for the sale of alcohol produced in this state for use in motor vehicle fuel
that is at least equal to a tax exemption or credit for the sale of alcohol
produced in the other state for use in motor vehicle fuel));
(21) "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
Sec. 68. Section 82.36.190, chapter 15, Laws of 1961 and RCW 82.36.190 are each amended to read as follows:
The ((director))
department shall revoke the license of any distributor refusing or
neglecting to comply with any provision of this chapter. The ((director))
department shall mail by registered mail addressed to such distributor
at his last known address a notice of intention to cancel, which notice shall
give the reason for cancellation. The cancellation shall become effective
without further notice if within ten days from the mailing of the notice the
distributor has not made good his default or delinquency.
The ((director))
department may cancel any license issued to any distributor, such
cancellation to become effective sixty days from the date of receipt of the
written request of such distributor for cancellation thereof, and the ((director))
department may cancel the license of any distributor upon investigation
and sixty days notice mailed to the last known address of such distributor if
((he)) the department ascertains and finds that the person to
whom the license was issued is no longer engaged in the business of a distributor,
and has not been so engaged for the period of six months prior to such
cancellation. No license shall be canceled upon the request of any distributor
unless the distributor, prior to the date of such cancellation, pays to the
state all taxes imposed by the provisions of this chapter, together with all
penalties accruing by reason of any failure on the part of the distributor to
make accurate reports or pay said taxes and penalties.
In the
event the license of any distributor is canceled ((by the director)),
and in the further event that the distributor pays to the state all excise
taxes due and payable by him upon the receipt, sale, or use of motor vehicle
fuel, together with any and all penalties accruing by reason of any failure on
the part of the distributor to make accurate reports or pay said taxes and
penalties, the ((director)) department shall cancel the bond
filed by the distributor.
Sec. 69. Section 5, chapter 175, Laws of 1971 ex. sess. as amended by section 2, chapter 156, Laws of 1973 1st ex. sess. and RCW 82.38.040 are each amended to read as follows:
((The
department may issue written authorization to a special fuel user to purchase
fuel from a bonded special fuel dealer designated by the special fuel user
without payment of the tax to the bonded special fuel dealer when the
department finds (1) that the special fuel user consistently is using the fuel
in vehicles which are operated partly without this state or off the highways of
this state; (2) that to require collection of the tax from the special fuel
user by the bonded special fuel dealer would cause consistently recurring
overpayments of the tax; and (3) that the revenue of the state with respect to
the tax liability of such a special fuel user is adequately secured. Such
authorization may be revoked when any one of the above conditions no longer
obtains.)) The delivery of special fuel may be made without collecting the
tax otherwise imposed when deliveries are made into vehicle refrigeration
units, mixing units, or other equipment powered by separate motors from
separate fuel tanks, on invoices showing the vehicle unit or license number and
such other information as may be prescribed by the department.
Sec. 70. Section 6, chapter 175, Laws of 1971 ex. sess. as amended by section 1, chapter 242, Laws of 1983 and RCW 82.38.050 are each amended to read as follows:
Except as
otherwise provided in this chapter, every special fuel user shall be liable for
the tax on special fuel used in motor vehicles leased to ((him)) the
user for ((more than)) thirty days or more and operated on
the highways of this state to the same extent and in the same manner as special
fuel used in his own motor vehicles and operated on the highways of this
state: PROVIDED, That a lessor who is engaged regularly in the business of
leasing or renting for compensation motor vehicles and equipment he owns
without drivers to carriers or other lessees for interstate operation, may be
deemed to be the special fuel user when he supplies or pays for the special
fuel consumed in such vehicles, and such lessor may be issued a license as a
special fuel user when application and bond have been properly filed with and
approved by the department for such license. Any lessee may exclude motor
vehicles of which he or she is the lessee from ((his))
reports and liabilities pursuant to this chapter, but only if the motor
vehicles in question have been leased from a lessor holding a valid special
fuel user's license.
Every such
lessor shall file with ((his)) the application for a special fuel
user's license one copy of the lease form or service contract ((he)) the
lessor enters into with the various lessees of ((his)) the
lessor's motor vehicles. When the special fuel user's license has been
secured, such lessor shall make and assign to each motor vehicle ((he leases))
leased for interstate operation a photocopy of such license to be
carried in the cab compartment of ((said)) the motor vehicle and
on which shall be typed or printed on the back the unit or motor number of the
motor vehicle to which it is assigned and the name of the lessee. Such lessor
shall be responsible for the proper use of such photocopy of ((said)) the
license issued and its return to ((him)) the lessor with the
motor vehicle to which it is assigned.
The lessor
shall be responsible for fuel tax licensing and reporting, as required by this
chapter, on the operation of all motor vehicles leased to others for less
than thirty days ((or less)).
Sec. 71. Section 8, chapter 175, Laws of 1971 ex. sess. and RCW 82.38.070 are each amended to read as follows:
A special
fuel dealer shall be entitled, under rules and regulations prescribed by the
department, to a credit of the tax paid over to the department on those sales
of special fuel for which the dealer has received no consideration from or on
behalf of the purchaser, which have been declared by the dealer to be worthless
accounts receivable, and which have been claimed as bad debts for federal
income tax purposes. The amount of the tax refunded shall not exceed the
amount of tax imposed by this chapter on such sales((, less an amount
computed by applying the current state retail sales tax rate to the difference
between the total purchase price of such sales and the amount of tax imposed on
such sales by this chapter)). If a refund has been granted under this
section, any amounts collected for application against the accounts on which
such a refund is based shall be reported with the first return filed after such
collection, and the amount of refund received by the dealer based upon the
collected amount shall be returned to the department. In the event the refund
has not been paid, the amount of the refund requested by the dealer shall be
adjusted by the department to reflect the decrease in the amount on which the
claim is based. The department may require the dealer to submit periodical
reports listing accounts which are delinquent for ninety days or more.
Sec. 72. Section 10, chapter 175, Laws of 1971 ex. sess. as last amended by section 2, chapter 29, Laws of 1986 and RCW 82.38.090 are each amended to read as follows:
It shall be unlawful for any person to act as a special fuel dealer, a special fuel supplier or a special fuel user in this state unless such person is the holder of an uncanceled special fuel dealer's, a special fuel supplier's or a special fuel user's license issued to him by the department. A special fuel supplier's license authorizes a person to sell special fuel without collecting the special fuel tax to other suppliers and dealers holding valid special fuel licenses.
A special fuel dealer's license authorizes a person to deliver previously untaxed special fuel into the fuel supply tanks of motor vehicles, collect the special fuel tax on behalf of the state at the time of delivery, and remit the taxes collected to the state as provided herein. A licensed special fuel dealer may also deliver untaxed special fuel into bulk storage facilities of a licensed special fuel user without collecting the special fuel tax. Special fuel dealers and suppliers, when making deliveries of special fuel into bulk storage to any person not holding a valid special fuel license must collect the special fuel tax at time of delivery, unless the person to whom the delivery is made is specifically exempted from the tax as provided herein.
A special
fuel user's license authorizes a person to purchase special fuel into bulk
storage for use in motor vehicles either on or off the public highways of this
state without payment of the special fuel tax at time of purchase. Holders of
special fuel licenses are all subject to the bonding, reporting, tax payment,
and record-keeping provisions of this chapter. All purchases of special fuel
by a licensed special fuel user directly into the fuel supply tank of a motor vehicle
are subject to the special fuel tax at time of purchase unless ((the
purchaser has specific written authorization from the department as provided in
RCW 82.38.040 or)) the purchase is made from an unattended keylock metered
pump, cardtrol, or such similar dispensing devices. Persons utilizing special
fuel for heating purposes only are not required to be licensed.
Sec. 73. Section 13, chapter 175, Laws of 1971 ex. sess. as last amended by section 8, chapter 40, Laws of 1979 and RCW 82.38.120 are each amended to read as follows:
Upon
receipt and approval of an application and bond (if required), the department
shall issue to the applicant a license to act as a special fuel dealer, a
special fuel supplier, or a special fuel user: PROVIDED, That the department
may refuse to issue a special fuel dealer's license, special fuel supplier's
license, or a special fuel user's license to any person (1) who formerly held
either type of license which, prior to the time of filing for application, has
been revoked for cause; or (2) who is a subterfuge for the real party in
interest whose license prior to the time of filing for application, has been
revoked for cause; or (3) who, as an individual licensee, or officer, director,
owner, or managing employee of a nonindividual licensee, has had a special fuel
license revoked for cause; or (4) who has an unsatisfied debt to the state
assessed under either chapter 82.36, 82.37, 82.38, or ((46.85)) 46.87
RCW; or (5) upon other sufficient cause being shown. Before such refusal, the
department shall grant the applicant a hearing and shall grant him at least
five days written notice of the time and place thereof.
The department shall determine from the information shown in the application or other investigation the kind and class of license to be issued.
All licenses shall be posted in a conspicuous place or kept available for inspection at the principal place of business of the owner thereof. License holders shall reproduce the license by photostat or other method and keep a copy on display for ready inspection at each additional place of business or other place of storage from which special fuel is sold, delivered or used and in each motor vehicle used by the license holder to transport special fuel purchased by him for resale, delivery or use. Every licensed special fuel user operating a motor vehicle registered in a jurisdiction other than this state shall reproduce the license and carry a photocopy thereof with each motor vehicle being operated upon the highways of this state.
A special fuel dealer or a special fuel supplier may use special fuel in motor vehicles owned or operated by them without securing a license as a special fuel user but they shall be subject to all other conditions, requirements and liabilities imposed herein upon a special fuel user.
The department shall furnish to each licensed special fuel supplier a list showing the name and address of each bonded special fuel dealer as of the beginning of each fiscal year, and shall thereafter during each year supplement such list monthly.
Each special fuel dealer's license, special fuel supplier's license, and special fuel user's license shall be valid until the expiration date if shown on the license, or until suspended or revoked for cause or otherwise canceled.
No special fuel dealer's license, special fuel supplier's license, or special fuel user's license shall be transferable.
NEW SECTION. Sec. 74. The following acts or parts of acts are each repealed:
(1) Section 19, chapter 121, Laws of 1965 ex. sess., section 55, chapter 136, Laws of 1979 ex. sess. and RCW 46.20.171;
(2) Section 3, chapter 29, Laws of 1975-'76 2nd ex. sess., section 4, chapter 302, Laws of 1985 and RCW 46.20.416;
(3) Section 4, chapter 29, Laws of 1975-'76 2nd ex. sess. and RCW 46.20.418; and
(4) Section 2, chapter 219, Laws of 1984, section 2, chapter 352, Laws of 1985 and RCW 46.20.599.