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                           ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5882

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                                                                          C 291 L 90 PV

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senator Nelson)

Read first time 1/30/90.

AN ACT Relating to reckless, negligent, and inattentive driving; amending RCW 46.61.500, 46.61.525, and 46.61.005; adding a new section to chapter 46.61 RCW; and prescribing penalties.

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

        Sec. 1.  Section 59, chapter 155, Laws of 1965 ex. sess. as last amended by section 85, chapter 136, Laws of 1979 ex. sess. and RCW 46.61.500 are each amended to read as follows:

          (1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.  Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

          (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

        Sec. 2.  Section 46.56.030, chapter 12, Laws of 1961 as last amended by section 86, chapter 136, Laws of 1979 ex. sess. and RCW 46.61.525 are each amended to read as follows:

          It ((shall be)) is unlawful for any person to operate a motor vehicle in this state in a negligent manner.  For the purpose of this section to "operate in a negligent manner" ((shall be construed to)) means the operation of a vehicle in such a manner as to endanger or be likely to endanger any persons or property:  PROVIDED HOWEVER, That any person operating a motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent ((shall)) is not ((be)) guilty of negligent driving.

          The offense of operating a vehicle in a negligent manner ((shall be)) is considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner.  Any person violating the provisions of this section ((will be)) is guilty of a misdemeanor((:  PROVIDED, That)).  The director may not revoke any license under this section, and such offense is ((not)) punishable by imprisonment ((or)) not exceeding ninety days and by a fine not exceeding ((two hundred fifty)) one thousand dollars.

NEW SECTION. Sec. 3.  A new section is added to chapter 46.61 RCW to read as follows:

          It is a traffic infraction for a person to operate a motor vehicle in an inattentive manner.  For the purposes of this section to "operate a motor vehicle in an inattentive manner" means the operation of a motor vehicle in a manner that evidences a lack of (1) that degree of attentiveness required to safely operate the vehicle under the prevailing conditions, including but not limited to the nature and condition of the roadway, presence of pedestrians, presence of other traffic, and weather conditions; or (2) that degree of attentiveness as will allow the driver of a motor vehicle to observe anything resting on or traveling on the roadway in time to take appropriate action as circumstances require.

        Sec. 4.  Section 1, chapter 155, Laws of 1965 ex. sess. and RCW 46.61.005 are each amended to read as follows:

          The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

          (1) Where a different place is specifically referred to in a given section.

          (2) The provisions of RCW 46.52.010 through 46.52.090 and 46.61.500 through ((46.61.520)) 46.61.525 shall apply upon highways and elsewhere throughout the state.