CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2141

                        55th Legislature

                      1998 Regular Session

Passed by the House January 16, 1998  Yeas 93   Nays 0 Speaker of the       House of Representatives Passed by the Senate March 5, 1998   Yeas 47   Nays 0

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2141  as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                          HOUSE BILL 2141

          _______________________________________________

             Passed Legislature - 1998 Regular Session

State of Washington      55th Legislature     1997 Regular Session

By Representatives Cairnes and Scott; by request of Washington State Patrol

Read first time 02/24/97.  Referred to Committee on Transportation Policy & Budget.

Providing changes to terminal audit violation penalties.

    AN ACT Relating to terminal safety audit penalties; amending RCW 46.32.100; and prescribing penalties.

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

    Sec. 1.  RCW 46.32.100 and 1995 c 272 s 3 are each amended to read as follows:

    In addition to all other penalties provided by law, a commercial motor vehicle that is subject to terminal safety audits under this chapter and an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation, except for each violation of 49 C.F.R. Pt. 382, controlled substances and alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out of service before the out of service defects have been satisfactorily repaired, for which the person is liable for a penalty of five hundred dollars.  Each violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.

    The penalty provided in this section is due and payable when the person incurring it receives a notice in writing from the patrol describing the violation and advising the person that the penalty is due.  The patrol may, upon written application for review, received within fifteen days, remit or mitigate a penalty provided for in this section or discontinue a prosecution to recover the penalty upon such terms it deems proper and may ascertain the facts upon all such applications in such manner and under such rules as it deems proper.  If the amount of the penalty is not paid to the patrol within fifteen days after receipt of the notice imposing the penalty, or application for remission or mitigation has not been made within fifteen days after the violator has received notice of the disposition of the application, the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county or of some other county in which the violator does business, to recover the penalty.  In all such actions the procedure and rules of evidence are the same as an ordinary civil action except as otherwise provided in this chapter.  All penalties recovered under this section shall be paid into the state treasury and credited to the state patrol highway account of the motor vehicle fund.

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