ENGROSSED SUBSTITUTE SENATE BILL NO. 5499
AS AMENDED BY THE HOUSE
C 353 L 89
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators von Reichbauer, Rasmussen, Sellar, Moore, Newhouse, Lee and Johnson)
Read first time 2/27/89.
AN ACT Relating to uninsured motorists; 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 chapter. By enactment of this chapter it is not the intent of the legislature to modify, amend, or invalidate existing insurance contract terms, conditions, limitations, or exclusions or to 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 constitutes a traffic infraction punishable by a fine of two hundred and fifty dollars unless a court determines that in the interest of justice the fine should be reduced. In lieu of the fine, a court may permit the defendant to perform community service designated by the court.
(3) If a person cited for a violation of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she was in compliance with this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with this section, in which case the citation shall be dismissed.
(4) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under RCW 46.16.310 or 46.16.315, governed by RCW 46.16.020, registered with the Washington utilities and transportation commission as common or contract carriers; or
(b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.
(5) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.
NEW SECTION. Sec. 3. (1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with an identification card as specified by the department of licensing. At the policyholder's request, the insurer shall provide the policyholder a card for each vehicle covered under the policy.
(2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identification cards to be used for proof of compliance with section 2 of this act, including the method for issuance of such identification cards by persons or organizations providing proof of compliance through self-insurance, certificate of deposit, or bond. In adopting such rules the department shall consider the guidelines for insurance identification cards developed by the insurance industry committee on motor vehicle administration.
NEW SECTION. Sec. 4. (1) Whenever a person operates a motor vehicle subject to registration under chapter 46.16 RCW, the person shall have in his or her possession an identification card of the type specified in section 3 of this act and shall display the card upon demand to a law enforcement officer.
(2) Every person who drives a motor vehicle required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
(3) Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a misdemeanor.
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.
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
insurance information required 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:
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, his insurance identification card, or his vehicle driver's
license or to refuse to permit such officer to take any such license, card,
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, insurance card, 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, insurance identification card, 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, by section 55, chapter 244, Laws of 1987, by 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 46.16.011 relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
RCW 46.16.011 relating to permitting unauthorized persons to drive;))
(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 4 of this act relating to providing false evidence of financial responsibility;
(19) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(20) RCW 46.48.175 relating to the transportation of dangerous articles;
(21) RCW 46.52.010 relating to duty on striking an unattended car or other
(22) RCW 46.52.020 relating to duty in case of injury to or death of a
person or damage to an attended vehicle;
(23) RCW 46.52.090 relating to reports by repairmen, storagemen, and
(24) RCW 46.52.100 relating to driving under the influence of liquor or
(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;
(26) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(27) RCW 46.61.015 relating to obedience to police officers, flagmen, or
(28) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(29) RCW 46.61.022 relating to failure to stop and give identification
to an officer;
(30) RCW 46.61.024 relating to attempting to elude pursuing police
(31) RCW 46.61.500 relating to reckless driving;
(32) RCW 46.61.502 and 46.61.504 relating to persons under the influence
of intoxicating liquor or drugs;
(33) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(34) RCW 46.61.522 relating to vehicular assault;
(35) RCW 46.61.525 relating to negligent driving;
(36) RCW 46.61.530 relating to racing of vehicles on highways;
(37) RCW 46.61.685 relating to leaving children in an unattended vehicle
with the motor running;
(38) RCW 46.64.010 relating to unlawful cancellation of or attempt to
cancel a traffic citation;
(39) RCW 46.64.020 relating to nonappearance after a written promise;
(40) RCW 46.64.048 relating to attempting, aiding, abetting, coercing,
and committing crimes;
(41) Chapter 46.65 RCW relating to habitual traffic offenders;
(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;
(43) Chapter 46.72 RCW relating to the transportation of passengers in
for hire vehicles;
(44) Chapter 46.80 RCW relating to motor vehicle wreckers;
(45) Chapter 46.82 RCW relating to driver's training schools;
(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
(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. The department of licensing shall notify the public of the requirements of sections 2 through 4 of this act at the time of new vehicle registration and when the department sends a registration renewal notice.
NEW SECTION. Sec. 11. Sections 1 through 4 of this act shall constitute a new chapter in Title 46 RCW.
NEW SECTION. Sec. 12. 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. 13. This act shall take effect January 1, 1990. 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.