5374 AMH SCHK AMH-14
SB 5374 - H AMD
By Representatives K. Schmidt and Fisher
ADOPTED 4/16/99
On page 23, after line 21, insert the following:
"Sec. 9. RCW 46.20.120 and 1999 c 6 s 19 are each amended to read as follows:
An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
(b) The actual demonstration of the ability to operate a motor vehicle if the applicant:
(i) Surrenders a valid driver's license issued by the person's previous home state; and
(ii) Is otherwise qualified to be licensed.
(2) Fee. Each applicant for a new license must pay an examination fee of seven dollars.
(a) The examination fee is in addition to the fee charged for issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state; or
(ii)
Whose last previous Washington license has been expired for more than ((four))
six years.
Sec. 10. RCW 46.20.161 and 1999 c 6 s 22 are each amended to read as follows:
The department, upon receipt of a fee of ((fourteen)) thirty
dollars, unless the driver's license is issued for a period other than six
years, in which case the fee shall be five dollars for each year that the license
is issued, which includes the fee for the required photograph, shall issue
to every qualifying applicant a driver's license. The license must include a
distinguishing number assigned to the licensee, the name of record, date of
birth, Washington residence address, photograph, a brief description of the
licensee, and either a facsimile of the signature of the licensee or a space
upon which the licensee shall write his or her usual signature with pen and ink
immediately upon receipt of the license. No license is valid until it has been
so signed by the licensee.
Sec. 11. RCW 46.20.181 and 1999 c 6 s 23 are each amended to read as follows:
(1)
Except as provided in subsection (4) of this section, every driver's
license expires on the ((fourth)) sixth anniversary of the
licensee's birthdate following the issuance of the license.
(2)
A person may renew his or her license on or before the expiration date by
submitting an application as prescribed by the department and paying a fee of
((fourteen)) thirty dollars. This fee includes the fee for the
required photograph.
(3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:
(a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or
(b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.
(4) During the period from July 1, 2000, to July 1, 2006, the department may issue or renew a driver's license for a period other than six years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. The fee for a driver's license issued or renewed for a period other than six years, or that has been extended by mail, is five dollars for each year that the license is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.
Sec. 12. RCW 46.20.470 and 1989 c 178 s 21 are each amended to read as follows:
There
shall be an additional fee for issuing any class of commercial driver's license
in addition to the prescribed fee required for the issuance of the original
driver's license. The additional fee for each class shall not exceed ((twelve))
twenty-four dollars for the original commercial driver's license or
subsequent renewals, unless the commercial driver's license is renewed or
extended for a period other than six years, in which case the fee for each
class shall not exceed four dollars for each year that the commercial driver's
license is renewed or extended. The fee shall be deposited in the highway
safety fund.
Sec. 13. RCW 46.20.505 and 1993 c 115 s 1 are each amended to read as follows:
Every
person applying for a special endorsement or a new category of endorsement of a
driver's license authorizing such person to drive a motorcycle or a
motor-driven cycle shall pay an examination fee of two dollars which is not
refundable. In addition, the endorsement fee for the initial or new category
motorcycle endorsement shall ((be six)) not exceed twelve dollars,
and the subsequent renewal endorsement fee shall ((be fourteen)) not
exceed thirty dollars, unless the endorsement is renewed or extended for
a period other than six years, in which case the subsequent renewal endorsement
fee shall not exceed five dollars for each year that the endorsement is renewed
or extended. The initial or new category and renewal endorsement fees
shall be deposited in the motorcycle safety education account of the highway
safety fund.
NEW SECTION. Sec. 14. Sections 9 through 13 of this act take effect July 1, 2000."
Correct the title.
SB 5374 - H COMM AMD
By Committee on Transportation
ADOPTED 4/16/99
On page 23, after line 21, insert the following:
"Sec. 9. RCW 46.20.500 and 1997 c 328 s 3 are each amended to read as follows:
No
person may drive a motorcycle or a motor-driven cycle unless such person has a
valid driver's license specially endorsed by the director to enable the holder
to drive such vehicles((, nor may a person drive a motorcycle of a larger
engine displacement than that authorized by such special endorsement or by an
instruction permit for such category)). However, a person sixteen years of
age or older, holding a valid driver's license of any class issued by the state
of the person's residence, may operate a moped without taking any special
examination for the operation of a moped. No driver's license is required for
operation of an electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not operate an
electric-assisted bicycle.
Sec. 10. RCW 46.20.505 and 1993 c 115 s 1 are each amended to read as follows:
Every
person applying for a special endorsement ((or a new category of endorsement))
of a driver's license authorizing such person to drive a motorcycle or a
motor-driven cycle shall pay an examination fee of two dollars which is not
refundable. In addition, the endorsement fee for the initial ((or new
category)) motorcycle endorsement shall be six dollars and the subsequent
renewal endorsement fee shall be fourteen dollars. The initial ((or new
category)) and renewal endorsement fees shall be deposited in the
motorcycle safety education account of the highway safety fund.
Sec. 11. RCW 46.20.510 and 1999 c 6 s 25 are each amended to read as follows:
(1)
((Categories. There are three categories for the special
motorcycle endorsement of a driver's license. Category one is for motorcycles
or motor-driven cycles having an engine displacement of one hundred fifty cubic
centimeters or less. Category two is for motorcycles having an engine displacement
of five hundred cubic centimeters or less. Category three includes categories
one and two, and is for motorcycles having an engine displacement of five
hundred one cubic centimeters or more.
(2))) Motorcycle
instruction permit. A person holding a valid driver's license who wishes
to learn to ride a motorcycle ((or obtain an endorsement of a larger
category)) may apply for a motorcycle instruction permit. The department
may issue a motorcycle instruction permit after the applicant has successfully
passed all parts of the motorcycle examination other than the driving test.
The director shall collect a two dollar and fifty cent fee for the motorcycle
instruction permit or renewal, and deposit the fee in the motorcycle safety
education account of the highway safety fund.
(((3)))
(2) Effect of motorcycle instruction permit. A person holding a
motorcycle instruction permit may drive a motorcycle upon the public highways
if the person has immediate possession of the permit and a valid driver's license
((with current endorsement, if any)). An individual with a
motorcyclist's instruction permit may not carry passengers((,)) and
may not operate a motorcycle during the hours of darkness ((or on a
fully-controlled, limited-access facility, and shall be under the direct visual
supervision of a person with a motorcycle endorsement of the appropriate
category and at least five years' riding experience)).
(((4)))
(3) Term of motorcycle instruction permit. A motorcycle
instruction permit is valid for ninety days from the date of issue.
(a) The department may issue one additional ninety-day permit.
(b) The department may issue a third motorcycle instruction permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
Sec. 12. RCW 46.20.515 and 1982 c 77 s 4 are each amended to read as follows:
The
motorcycle endorsement examination ((for each displacement category shall))
must emphasize maneuvers necessary for on-street operation, including
emergency braking and turning as may be required to avoid an impending
collision."
Correct the title.
On page 1, line 6, strike all of section 1, renumber the remaining sections consecutively, and correct internal references accordingly.
On page 23, after line 21, insert the following:
"Sec. 9. RCW 46.20.041 and 1999 c 6 s 9 are each amended to read as follows:
(1) If the department has reason to believe that a person is suffering from a physical or mental disability or disease that may affect that person's ability to drive a motor vehicle, the department must evaluate whether the person is able to safely drive a motor vehicle. As part of the evaluation:
(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease he or she is able to safely drive a motor vehicle.
(b) The department may require the person to obtain a statement signed by a licensed physician or other proper authority designated by the department certifying the person's condition.
(i)
The ((certificate)) statement is for the confidential use of the
director and the chief of the Washington state patrol and for other public
officials designated by law. It is exempt from public inspection and copying
notwithstanding chapter 42.17 RCW.
(ii)
The ((certificate)) statement may not be offered as evidence in
any court except when appeal is taken from the order of the director canceling
or withholding a person's driving privilege. However, the department may make
the ((certificate)) statement 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 the
disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver's license to the person without restrictions;
(b) Cancel or withhold the driving privilege from the person; or
(c) Issue a restricted driver's license to the person. The restrictions must be suitable to the licensee's driving ability. The restrictions may include:
(i) Special mechanical control devices on the motor vehicle operated by the licensee;
(ii) Limitations on the type of motor vehicle that the licensee may operate; or
(iii) Other restrictions determined by the department to be appropriate to assure the licensee's safe operation of a motor vehicle.
(3) The department may either issue a special restricted license or may set forth the restrictions upon the usual license form.
(4) The department may suspend or revoke a restricted license upon receiving satisfactory evidence of any violation of the restrictions. In that event the licensee is entitled to a driver improvement interview and a hearing as provided by RCW 46.20.322 or 46.20.328.
(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.
Sec. 10. RCW 46.20.055 and 1999 c 6 s 11 are each amended to read as follows:
(1)
Driver's instruction permit. (((a) A person who is at least fifteen
and one-half years of age may apply to the department for a driver's
instruction permit.)) The department may issue a driver's instruction
permit ((after the)) with a photograph to an applicant who
has successfully passed all parts of the examination other than the driving
test, provided the information required by RCW 46.20.091, ((and)) paid a
five-dollar fee((.)), and meets the following requirements:
(a) Is at least fifteen and one-half years of age; or
(b)
((The department may issue a driver's instruction permit to an applicant who))
Is at least fifteen years of age ((if he or she)) and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program approved and accredited by the superintendent of public instruction that includes practice driving.
(2) Nonphoto permit fee. An applicant who meets the requirements of subsection (1) of this section other than payment of the five-dollar fee may obtain a driver's instruction permit without a photograph by paying a fee of four dollars.
(3) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW 28A.220.020(2); or
(b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).
The department may require proof of registration in such a course as it deems necessary.
(((3)))
(4) Effect of instruction permit. A person holding a driver's
instruction permit may drive a motor vehicle, other than a motorcycle, upon the
public highways if:
(a) The person has immediate possession of the permit; and
(b)
((The seat beside the driver is occupied by)) An approved
instructor, or a licensed driver with at least five years of driving experience,
occupies the seat beside the driver.
(((4)))
(5) Term of instruction permit. A driver's instruction permit is
valid for one year from the date of issue.
(a) The department may issue one additional one-year permit.
(b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
Sec. 11. RCW 46.20.100 and 1999 c 6 s 16 are each amended to read as follows:
(1)
Application. The application of a person under the age of eighteen
years for a driver's license or a motorcycle endorsement must be signed by a
parent or guardian with custody of the minor. If the ((minor)) person
under the age of eighteen has no father, mother, or guardian, then the
application must be signed by the minor's employer.
(2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the traffic safety education requirements of this subsection.
(a) To meet the traffic safety education requirement for a driver's license the applicant must satisfactorily complete a traffic safety education course as defined in RCW 28A.220.020. The course must meet the standards established by the office of the state superintendent of public instruction. The traffic safety education course may be provided by:
(i) A recognized secondary school; or
(ii) A commercial driving enterprise that is annually approved by the office of the superintendent of public instruction.
(b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
(c) The department may waive the traffic safety education requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
(i) He or she was unable to take or complete a traffic safety education course;
(ii) A need exists for the applicant to operate a motor vehicle; and
(iii)
He or she has the ability to operate a motor vehicle in such a manner as not to
jeopardize the safety of persons or property((, under rules adopted by)).
The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
(d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.
Sec. 12. RCW 46.20.117 and 1999 c 6 s 18 are each amended to read as follows:
(1)
Issuance. The department shall issue ((a resident of the state of
Washington)) an identicard, containing a picture, if ((he or she)) the
applicant:
(a) Does not hold a valid Washington driver's license;
(b) Proves his or her identity as required by RCW 46.20.035; and
(c) Pays the required fee. The fee is four dollars unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused with the official driver's license; and
(b) Expire on the fifth anniversary of the applicant's birthdate after issuance.
(3) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.336 (as recodified by chapter 6, Laws of 1999)."
Correct the title.
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