S-913                 _______________________________________________

                                                   SENATE BILL NO. 5392

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Bender, Rasmussen, Vognild, Owen, Moore, Talmadge, Sutherland, Madsen, Hansen and Bauer

Read first time 1/23/89 and referred to Committee on   Financial Institutions & Insurance.

AN ACT Relating to motor vehicle liability insurance; reenacting and amending RCW 46.63.020; adding a new chapter to Title 46 RCW; and prescribing penalties.

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 no application for an original motor vehicle license or for renewal or reinstatement of a vehicle license will be approved unless accompanied by evidence of insurance as set forth in this chapter.

NEW SECTION. Sec. 2.     (1) After December 31, 1989, no application for an original motor vehicle license or for renewal or reinstatement of a motor vehicle license may be approved or validated unless the applicant certifies that a motor vehicle insurance policy or a surety bond issued by a company authorized to do business in this state or surplus line coverage under chapter 48.15 RCW is in effect in at least the amounts specified in RCW 46.29.490 on account of any accident in which the vehicle is involved.  A certificate of deposit of money or securities, as provided in RCW 46.29.550, or a certificate of self-insurance, as provided in RCW 46.29.630, meets the requirements of this section.

          (2) It is unlawful to willfully falsify insurance information submitted to the department under subsection (1) of this section or section 5 of this act.  Violation of this subsection is a misdemeanor, punishable by a fine of not to exceed one thousand dollars or thirty days imprisonment or both.

NEW SECTION. Sec. 3.     (1) After December 31, 1989, it is unlawful to operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the vehicle is insured against liability as provided in RCW 46.29.490, by a bond under RCW 46.29.520, by a certificate of deposit under RCW 46.29.550, or by self-insurance under RCW 46.29.630.

          (2) Violation of this section is a misdemeanor, punishable by a fine not to exceed one thousand dollars or thirty days imprisonment or both.

          (3) A policy of motor vehicle liability insurance issued or renewed as required by this chapter may contain conditions, limitations, and exclusions, including but not limited to an exclusion for intrafamily liability, that have heretofore been approved or may in the future be approved by the insurance commissioner for issuance in this state.

NEW SECTION. Sec. 4.     An insurance carrier who issues a policy required by this chapter shall also furnish the policy holder with the carrier's name, the policy number, and the identification number of the vehicle insured under the policy.  The policy holder shall transfer this information to the reverse side of the current vehicle registration or otherwise keep this information in written form in the vehicle.

NEW SECTION. Sec. 5.     (1) A law enforcement officer requiring an operator of a motor vehicle subject to registration under chapter 46.16 RCW to produce for inspection a driver's license shall also require the operator to produce the information required by section 4 of this act.

          (2) If the operator of the motor vehicle is unable to produce the information as required, the operator shall be charged with a violation of section 3 of this act.  If the operator can demonstrate to the court that liability insurance was in effect on the vehicle at the  time of the inspection, the charge against the driver shall be reduced to a traffic infraction of failure to show proof of insurance.  The infraction is punishable by a fine of not more than fifty dollars.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act do not apply to motor vehicles registered with the Washington utilities and transportation commission as common or contract carriers.

        Sec. 7.  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) Sections 2 and 3 of this act relating to motor vehicle liability insurance;

(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. 8.     Sections 1 through 6 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 9.     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.