H-4111.1          _______________________________________________

 

                                  HOUSE BILL 2460

                  _______________________________________________

 

State of Washington              54th Legislature             1996 Regular Session

 

By Representatives Pennington, L. Thomas and Benton

 

Read first time 01/11/96.  Referred to Committee on Financial Institutions & Insurance.

 

Authorizing vehicle impounds on a second insurance violation.



     AN ACT Relating to failure to provide proof of vehicle liability insurance; amending RCW 46.30.020; and prescribing penalties.

 

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

 

     Sec. 1.  RCW 46.30.020 and 1991 sp.s. c 25 s 1 are each amended to read as follows:

     (1)(a) 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.  Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.

     (b) A person who drives a motor vehicle that is 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.

     (c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.

     (d)(i) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community service.

     (ii) If a person fails to provide proof of motor vehicle insurance more than one time during a twelve-month period, and the previous citation or citations have not been dismissed under subsection (2) of this section, the law enforcement officer may, in addition to issuing a citation, impound the vehicle if the person cited is also a registered owner of the vehicle.  The impounding law enforcement agency shall provide notice of the impoundment to registered and legal owners of the impounded vehicle.  A vehicle impounded under this subsection must be released to a person entitled to lawful possession upon proof of meeting the insurance requirements for the vehicle, payment to the law enforcement agency of a fee of fifteen dollars, and payment of any towing and storage charges.  The person seeking release of the vehicle shall present proof of insurance to the impounding law enforcement agency, which shall authorize the person storing the vehicle to release it upon payment of the applicable charges.  Local governments may adopt ordinances dealing with impounding vehicles under this subsection.

     (2) If a person cited for a violation of subsection (1) 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 the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed.  In lieu of personal appearance, a person cited for a violation of subsection (1) 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 the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court may assess court administrative costs of twenty-five dollars at the time of dismissal.  However, the person shall comply with subsection (1)(d)(ii) of this section, including paying towing and other charges.

     (3) The provisions of this chapter shall not govern:

     (a) The operation of a motor vehicle registered under RCW 46.16.305(1), governed by RCW 46.16.020, or 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.

     (4) 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.

 


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