S-4054               _______________________________________________

                                                   SENATE BILL NO. 6637

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Patrick, Rasmussen and Thorsness

Read first time 1/19/90 and referred to Committee on  Transportation.

AN ACT Relating to hearing-impaired drivers; and amending RCW 46.20.041.

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

        Sec. 1.  Section 5, chapter 121, Laws of 1965 ex. sess. as last amended by section 1, chapter 176, Laws of 1986 and RCW 46.20.041 are each amended to read as follows:

          (1) The department shall permit any person suffering from any physical or mental disability or disease which may affect that person's ability to drive a motor vehicle, to demonstrate personally that notwithstanding such disability or disease he or she is a proper person to drive a motor vehicle.  The department may in addition require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department. The certificate shall be for the confidential use of the director and the chief of the Washington state patrol and for such other cognizant public officials as may be designated by law.  It shall be exempt from public inspection and copying notwithstanding the provisions of chapter 42.17 RCW.  The certificate may not be offered as evidence in any court except when appeal is taken from the order of the director suspending, revoking, canceling, or refusing a vehicle driver's license.  However, the certificate may be made available to the director of the department of retirement systems for use in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence  in any administrative proceeding or court action concerning such disability benefits.

          (2) The department may issue a driver's license to such a person imposing restrictions suitable to the licensee's driving ability with respect to the special mechanical control devices required on a motor vehicle or the type of motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.  The department shall not impose any restrictions on a licensee whose only physical impairment is a certifiable hearing loss.

          (3) The department may either issue a special restricted license or may set forth such restrictions upon the usual license form.

          (4) The department may upon receiving satisfactory evidence of any violation of the restrictions of such license suspend or revoke the same but the licensee shall be entitled to a driver improvement interview and a hearing as upon a suspension or revocation under this chapter.

          (5) It is a traffic infraction for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her.