AN ACT Relating to penalties for operation of a motor vehicle without insurance; amending RCW 46.52.030, 46.61.020, and 46.61.021; reenacting and amending RCW 46.63.020; adding a new chapter to Title 46 RCW; creating new sections; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. It is a privilege granted by the state to operate a motor vehicle upon the highways of this state. The legislature recognizes the threat that uninsured drivers are to the people of the state. In order to alleviate the threat posed by uninsured drivers it is the intent of the legislature to require that all persons driving vehicles registered in this state satisfy the financial responsibility requirements of this act. It is not the intent of the legislature that passage of this act modify, amend, or invalidate existing insurance contract terms, conditions, limitations, or exclusions or preclude insurance companies from using similar terms, conditions, limitations, or exclusions in future contracts.

NEW SECTION. Sec. 2. (1) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090.

(2) A violation of this section is a traffic infraction punishable by a fine of two hundred dollars. A court may reduce the fine to fifty dollars if the person proves at the time of hearing that automobile liability insurance has been obtained. Second and subsequent violations of this section are punishable by a fine of four hundred dollars. A court may reduce the fine to two hundred dollars if the person proves at the time of hearing that automobile liability insurance has been obtained.

NEW SECTION. Sec. 3. (1) The department shall design and produce financial responsibility decals of a size and type that can be readily observed by law enforcement personnel. The decals shall be composed of two separate parts. The first part shall be larger than the second part and shall indicate the year. Each subsequent year shall be of a different color than the previous year. The second part shall be smaller than the first part and shall be a numeral from one to twelve to indicate the month of the year.

(2) The department shall distribute financial responsibility decals to automobile liability insurers upon written request of the insurer. The department shall also distribute financial responsibility decals to those organizations providing proof of financial responsibility through methods other than the purchase of automobile liability insurance.

(3) The insurer, self-insurer, bonding organization, or in the case of a deposit of security, the department, shall issue a decal to the policyholder, the self-insured person, the bonded person, or the person posting security, as appropriate, reflecting the period of time for which financial responsibility is in effect. Except in the case of insurers who may issue a decal for a period of six months or one year, decals shall be issued for a period of one year, but only after the issuer has collected the full cost of providing the financial responsibility coverage for the period.

(4) An issuer of a decal may not cancel financial responsibility coverage during the period for which the decal has been issued unless the vehicle for which the decal has been issued is destroyed, ownership or registration of the vehicle is transferred to another person or organization, or the person to whom coverage has been provided loses his or her driving privileges.

When an issuer cancels financial responsibility coverage because of a transfer of vehicle ownership, the issuer may refund an amount due the person covered only upon proof from the person that notice of the change of ownership has been provided to the department.

(5) The person to whom a decal has been issued shall apply the decal to the lower left corner of the rear window of the vehicle in accordance with rules adopted by the department. The rules shall also provide for placement of a decal on a vehicle that does not have a fixed rear window. When financial responsibility coverage is canceled by the issuer of a decal, the person to whom the coverage was provided shall remove the decal from the vehicle.

(6) The absence of a decal or the presence of an expired decal on a motor vehicle constitutes a violation of section 2 of this act except under the following circumstances:

(a) The operator of the vehicle shows proof by sales receipt that the vehicle was acquired within the thirty-day period immediately before the date on which a law enforcement officer stops the operator for a violation of section 2 of this act; and

(b) The operator of the vehicle shows proof by an unexpired insurance binder agreement that the registered owner has applied for financial responsibility coverage and temporary coverage is in effect.

(7) Falsification of proof of financial responsibility is a gross misdemeanor.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act do not apply to motor vehicles registered with the Washington utilities and transportation commission as common or contract carriers.

Sec. 5. Section 2, chapter 11, Laws of 1979 as last amended by section 2, chapter 463, Laws of 1987 and RCW 46.52.030 are each amended to read as follows:

(1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person 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 subsection (5) of this section, shall, within twenty-four hours after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits accident reports from being filed by drivers where damage to property is less than the minimum amount.

(2) The original of such report shall be immediately forwarded by the authority receiving such report to the chief of the Washington state patrol at Olympia, Washington, and the second copy of such report to be forwarded to the department of licensing at Olympia, Washington.

(3) Any law enforcement officer who investigates an accident for which a driver's report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 46.52.070.

(4) The chief of the Washington state patrol may require any driver of any vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report in his opinion is insufficient, and may likewise require witnesses of any such accident to render reports. For this purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department, coroner, sheriff, and any other suitable agency or individual, sample forms of accident reports required hereunder, which reports shall be upon a form devised by the chief of the Washington state patrol and shall call for sufficiently detailed information to disclose all material facts with reference to the accident to be reported thereon, including the location, the cause, the conditions then existing, ((~~and~~)) the persons and vehicles involved, the issuer of financial responsibility under section 3 of this act, personal injury or death, if any, the amounts of property damage claimed, the total number of vehicles involved, whether the vehicles were legally parked, legally standing, or moving, and whether such vehicles were occupied at the time of the accident. Every required accident report shall be made on a form prescribed by the chief of the Washington state patrol and each authority charged with the duty of receiving such reports shall provide sufficient report forms in compliance with the form devised. The report forms shall be designated so as to provide that a copy may be retained by the reporting person.

(5) The chief of the Washington state patrol shall adopt rules establishing the accident-reporting threshold for property damage accidents. Beginning October 1, 1987, the accident-reporting threshold for property damage accidents shall be five hundred dollars. The accident-reporting threshold for property damage accidents shall be revised when necessary, but not more frequently than every two years. The revisions shall only be for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the time period since the last revision.

Sec. 6. Section 46.56.190, chapter 12, Laws of 1961 as amended by section 65, chapter 32, Laws of 1967 and RCW 46.61.020 are each amended to read as follows:

It ((~~shall be~~)) is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it ((~~shall~~)) is likewise ((be)) unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his certificate of license registration of such vehicle, information regarding the issuer of financial responsibility coverage for the vehicle, or his vehicle driver's license or to refuse to permit such officer to take any such license, issuer information, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, issuer information, or his vehicle driver's license when requested by any court. Any police officer shall on request produce evidence of his authorization as such.

Sec. 7. Section 4, chapter 136, Laws of 1979 ex. sess. and RCW 46.61.021 are each amended to read as follows:

(1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.

(2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check the status of the person's license, financial responsibility decal, and the vehicle's registration, and complete and issue a notice of traffic infraction.

(3) Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of infraction.

Sec. 8. 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;

(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) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

(17) Chapter 46.29 RCW relating to financial responsibility;

(18) Section 3 of this act relating to falsification of proof of financial responsibility;

(19) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

((~~(19)~~)) (20) RCW 46.48.175 relating to the transportation of dangerous articles;

((~~(20)~~)) (21) RCW 46.52.010 relating to duty on striking an unattended car or other property;

((~~(21)~~)) (22) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

((~~(22)~~)) (23) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

((~~(23)~~)) (24) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

((~~(24)~~)) (25) 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)~~)) (26) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

((~~(26)~~)) (27) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

((~~(27)~~)) (28) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

((~~(28)~~)) (29) RCW 46.61.022 relating to failure to stop and give identification to an officer;

((~~(29)~~)) (30) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

((~~(30)~~)) (31) RCW 46.61.500 relating to reckless driving;

((~~(31)~~)) (32) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

((~~(32)~~)) (33) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

((~~(33)~~)) (34) RCW 46.61.522 relating to vehicular assault;

((~~(34)~~)) (35) RCW 46.61.525 relating to negligent driving;

((~~(35)~~)) (36) RCW 46.61.530 relating to racing of vehicles on highways;

((~~(36)~~)) (37) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

((~~(37)~~)) (38) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

((~~(38)~~)) (39) RCW 46.64.020 relating to nonappearance after a written promise;

((~~(39)~~)) (40) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

((~~(40)~~)) (41) Chapter 46.65 RCW relating to habitual traffic offenders;

((~~(41)~~)) (42) 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)~~)) (43) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

((~~(43)~~)) (44) Chapter 46.80 RCW relating to motor vehicle wreckers;

((~~(44)~~)) (45) Chapter 46.82 RCW relating to driver's training schools;

((~~(45)~~)) (46) 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)~~)) (47) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION. Sec. 9. The director of licensing shall compile records on uninsured motorists and file a report with the legislature after accumulating data for twelve months after the effective date of this act.

NEW SECTION. Sec. 10. Sections 2 through 4 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12. This act shall take effect January 1, 1991. The director of the department of licensing may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.