H-0086.5 _______________________________________________
HOUSE BILL 1294
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representatives Fisher and K. Schmidt
Read first time 01/21/1999. Referred to Committee on Transportation.
AN ACT Relating to technical editing of statutes in chapter 46.20 RCW; amending RCW 46.20.005, 46.20.015, 46.20.025, 46.20.031, 46.20.035, 46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.091, 46.20.095, 46.20.100, 46.20.114, 46.20.117, 46.20.120, 46.20.130, 46.20.157, 46.20.161, 46.20.181, 46.20.205, 46.20.510, and 46.64.070; reenacting and amending RCW 46.20.021; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.20 RCW; creating a new section; recodifying RCW 46.20.190, 46.20.336, 46.20.550, 46.20.343, 46.20.470, 46.20.414, and 46.20.430; repealing RCW 46.20.106 and 46.20.116; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) This act is intended to edit some of the statutes relating to driver's licenses in order to make those statutes more comprehensible to the citizenry of the state of Washington. The legislature does not intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 46.20 RCW or other statutory provisions or rules adopted under those provisions.
(2) This act is technical in nature and does not terminate or in any way modify any rights, proceedings, or liabilities, civil or criminal, that exist on the effective date of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 46.04 RCW to read as follows:
"Driving privilege withheld" means that the department has revoked, suspended, or denied a person's Washington state driver's license, permit to drive, driving privilege, or nonresident driving privilege.
NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:
(1) No person may drive a motor vehicle upon a highway in this state without first obtaining a valid driver's license issued to Washington residents under this chapter. The only exceptions to this requirement are those expressly allowed by RCW 46.20.025.
(2) A person licensed as a driver under this chapter:
(a) May exercise the privilege upon all highways in this state;
(b) May not be required by a political subdivision to obtain any other license to exercise the privilege; and
(c) May not have more than one valid driver's license at any time.
Sec. 4. RCW 46.20.005 and 1997 c 66 s 1 are each amended to read as follows:
Except
as expressly exempted by this chapter, it is a misdemeanor for a person to
drive any motor vehicle upon a highway in this state without a valid driver's
license issued to Washington residents under this chapter. This section does
not apply if at the time of the stop the person is not in violation of RCW
46.20.342(1) or 46.20.420 and has in his or her possession an expired driver's
license or other valid identifying documentation under RCW 46.20.035. A
violation of this section is a lesser included offense within the offenses
described in RCW 46.20.342 (1) or ((46.20.420)) (4).
Sec. 5. RCW 46.20.015 and 1997 c 66 s 2 are each amended to read as follows:
(1)
Except as expressly exempted by this chapter, it is a traffic infraction and
not a misdemeanor under RCW 46.20.005 ((for)) if a person ((to)):
(a)
Drives any motor vehicle upon a highway in this state without a
valid driver's license issued to Washington residents under this chapter in his
or her possession ((if the person));
(b)
Provides the citing officer with an expired driver's license or other valid
identifying documentation under RCW 46.20.035 at the time of the stop;
and ((the person))
(c) Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or 46.20.420.
(2)
A ((violation of)) person who violates this section is subject to
a penalty of two hundred fifty dollars. If the person appears in person before
the court or submits by mail written proof that he or she obtained a valid
license after being cited, the court shall reduce the penalty to fifty dollars.
Sec. 6. RCW 46.20.021 and 1997 c 66 s 3 and 1997 c 59 s 8 are each reenacted and amended to read as follows:
(1) New Washington residents must obtain a valid Washington driver's license within thirty days from the date they become residents.
(2) To qualify for a Washington driver's license, a person must surrender to the department all valid driver's licenses that any other jurisdiction has issued to him or her. The department must invalidate the surrendered photograph license and may return it to the person.
(a) The invalidated license, along with a valid temporary Washington driver's license provided for in section 13 of this act, is proper identification.
(b) The department shall notify the previous issuing department that the licensee is now licensed in a new jurisdiction.
(3) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c)
Declaring ((that he or she is a resident)) residency for the
purpose of obtaining a state license or tuition fees at resident rates.
(((2)
The term)) (4)(a) "Washington public assistance programs"
((referred to in subsection (1)(b) of this section includes only)) means
public assistance programs ((for which)) that receive more than
fifty percent of the combined costs of benefits and administration ((are
paid)) from state funds. ((Programs which are not included within the
term))
(b)
"Washington public assistance programs" ((pursuant to the above
criteria include, but are not limited to)) does not include:
(i) The Food Stamp program under the federal Food Stamp Act of 1964;
(ii)
Programs under the Child Nutrition Act of 1966, 42
U.S.C. Secs. 1771 through 1788; ((and))
(iii) Temporary Assistance for Needy Families; and
(iv) Any other program that does not meet the criteria of (a) of this subsection.
(((3)
No person shall receive a driver's license unless and until he or she
surrenders to the department all valid driver's licenses in his or her
possession issued to him or her by any other jurisdiction. The department
shall establish a procedure to invalidate the surrendered photograph license
and return it to the person. The invalidated license, along with the valid
temporary Washington driver's license provided for in RCW 46.20.055(3), shall
be accepted as proper identification. The department shall notify the issuing
department that the licensee is now licensed in a new jurisdiction. No person
shall be permitted to have more than one valid driver's license at any time.
(4)
New Washington residents are allowed thirty days from the date they become
residents as defined in this section to procure a valid Washington driver's
license.
(5)
Any person licensed as a driver under this chapter may exercise the privilege
thereby granted upon all streets and highways in this state and shall not be
required to obtain any other license to exercise such privilege by any county,
municipal or local board, or body having authority to adopt local police
regulations.))
Sec. 7. RCW 46.20.025 and 1993 c 148 s 1 are each amended to read as follows:
The
following persons ((are exempt from license hereunder)) may operate a
motor vehicle on a Washington highway without a valid Washington driver's
license:
(1)
((Any person in the service)) A member of the United States Army,
Navy, Air Force, Marine Corps, or Coast
Guard ((of the United States)), or in the service of the National
Guard of this state or any other state, ((when furnished with a
driver's license by such service when operating)) if licensed by the
military to operate an official motor vehicle in such service;
(2) A nonresident driver who is at least:
(a)
Sixteen years of age and ((who)) has ((in his or her))
immediate possession of a valid driver's license issued to ((him or
her in)) the driver by his or her home state; or ((is at
least))
(b) Fifteen years of age with:
(i)
A valid instruction permit issued to ((him or her in)) the driver
by his or her home state((,)); and ((when accompanied by))
(ii)
A licensed driver who has had at least five years of driving experience ((and
is)) occupying a seat beside the driver; or
(((3)
A nonresident who is at least)) (c) Sixteen years of age and ((who))
has ((in his or her)) immediate possession of a valid driver's
license issued to ((him or her in)) the driver by his or her home
country. A nonresident driver may operate a motor vehicle in this state
under this subsection (2)(c) for ((a period not to exceed)) up
to one year;
(4) Any person operating special highway construction equipment as defined in RCW 46.16.010;
(5)
Any person while driving or operating any farm tractor or implement of
husbandry ((which)) that is only incidentally operated or moved
over a highway; or
(6)
((Any person while operating)) An operator of a locomotive upon
rails, including ((operation on)) a railroad crossing over a public
highway((; and such person)). A locomotive operator is not
required to display a driver's license to any law enforcement officer in
connection with the operation of a locomotive or train within this state.
Sec. 8. RCW 46.20.031 and 1995 c 219 s 1 are each amended to read as follows:
The
department shall not issue a driver's license ((hereunder)) to a
person:
(1)
((To any person)) Who is under the age of sixteen years;
(2)
((To any person whose license has been suspended during such suspension, nor
to any person whose license has been revoked, except as provided in)) Whose
driving privilege has been withheld unless and until the department may
authorize the driving privilege under RCW 46.20.311;
(3)
((To any person)) Who has been ((evaluated)) classified
as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program
approved by the department of social and health services ((as being an
alcoholic, drug addict, alcohol abuser, and/or drug abuser: PROVIDED, That)).
The department may, however, issue a license ((may be issued)) if
the ((department determines that such)) person:
(a)
Has been granted a deferred prosecution((, pursuant to)) under
chapter 10.05 RCW((,)); or
(b)
Is satisfactorily participating in or has successfully completed an alcohol
or drug abuse treatment program approved by the department of social and health
services and has established control of his or her alcohol ((and/or)) or
drug abuse problem;
(4)
((To any person)) Who has previously been adjudged to be mentally
ill or insane, or to be incompetent due to ((any)) a mental
disability or disease((, and who has not at the time of application)).
The department shall, however, issue a license to the person if he or she
otherwise qualifies and:
(a)
Has been restored to competency by the methods provided by law((:
PROVIDED, HOWEVER, That no person so adjudged shall be denied a license for
such cause if)); or
(b)
The superior court ((should find him)) finds the person able
to operate a motor vehicle with safety upon the highways during such
incompetency;
(5)
((To any person who is)) Who has not passed the driver's licensing
examination required by ((this chapter to take an examination, unless
such person shall have successfully passed such examination)) RCW
46.20.120 and 46.20.305, if required;
(6)
((To any person)) Who is required under the laws of this state to
deposit proof of financial responsibility and who has not deposited such proof;
(7)
((To any person when the department has good and substantial evidence to
reasonably conclude that such person by reason of)) Who is unable to
safely operate a motor vehicle upon the highways due to a physical or
mental disability ((would not be able to operate a motor vehicle with safety
upon the highways;)). The department's conclusion that a person is
barred from licensing under this subsection must be reasonable and be based
upon good and substantial evidence. This determination is subject to
review by a court of competent jurisdiction;
(8)
((To a person when the department has been notified by a court that the
person)) Who has violated his or her written promise to appear,
respond, or comply regarding a notice of infraction issued for ((a)) abandonment
of a vehicle in violation of RCW 46.55.105, unless:
(a) The court has not notified the department of the violation;
(b)
The department has received notice from the court showing that the person has
been found not to have committed the violation of RCW 46.55.105((, or that));
or
(c)
The person has paid all monetary penalties owing, including completion of
community service, and ((that)) the court is satisfied that the person
has made restitution as provided by RCW 46.55.105(2).
Sec. 9. RCW 46.20.035 and 1998 c 41 s 10 are each amended to read as follows:
(((1)))
The department may not issue an identicard or a Washington state driver's
license((, except as provided in RCW 46.20.116,)) that is valid for
identification purposes unless the applicant ((has satisfied the
department regarding his or her identity. Except as provided in subsection (2)
of this section, an applicant has not satisfied the identity requirements of
this section unless he or she displays or provides)) meets the
identification requirements of subsection (1), (2), or (3) of this section.
(1) A driver's license or identicard applicant must provide the department with at least one of the following pieces of valid identifying documentation that contains the signature and a photograph of the applicant:
(a)
A valid or recently expired driver's license or instruction permit that ((contains
the signature,)) includes the date of birth((, and a photograph))
of the applicant;
(b)
A Washington state identicard or an identification card issued by another state
((that contains the signature and a photograph of the applicant));
(c)
An identification card issued by the United States, a state, or an agency of
either the United States or a state, of a kind commonly used to identify the
members ((of)) or employees of the government agency((, that
contains the signature and a photograph of the applicant));
(d)
A military identification card ((that contains the signature and a
photograph of the applicant));
(e)
A United States passport ((that contains the signature and a photograph of
the applicant)); or
(f)
An Immigration and Naturalization Service form ((that
contains the signature and photograph of the applicant; or)).
(((g)
If the)) (2) An applicant who is a minor((,)) may
establish identity by providing an affidavit of the applicant's parent or
guardian ((where)). The parent or guardian must accompany the
minor and display((s)) or provide((s)):
(a)
At least one piece of ((identifying)) documentation ((as
specified in this)) in subsection ((along with)) (1) of
this section establishing the identity of the parent or guardian; and
(b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
(((2)))
(3) A person unable to provide identifying documentation as specified in
subsection (1) or (2) of this section may request that the department
review other available documentation in order to ascertain identity. The
department may waive the requirement ((for specific identifying
documentation under subsection (1) of this section)) if it finds that other
documentation clearly establishes the identity of the applicant.
(((3)))
(4) The form of an applicant's name, as established under this section,
must be the person's name of record for the purposes of this chapter.
(5) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the license "not valid for identification purposes."
Sec. 10. RCW 46.20.041 and 1986 c 176 s 1 are each amended to read as follows:
(1)
((The department shall permit any)) If the department has reason to
believe that a person is suffering from ((any)) a
physical or mental disability or disease ((which)) that may
affect that person's ability to drive a motor vehicle, ((to)) 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 ((such)) the disability or disease he or she is
((a proper person)) able to safely drive a motor vehicle.
(b)
The department may ((in addition)) require ((such)) the
person to obtain a ((certificate showing his or her condition)) statement
signed by a licensed physician or other proper authority designated by the
department certifying the person's condition.
(i)
The certificate ((shall be)) is 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)) is exempt from public inspection and
copying notwithstanding ((the provisions of)) chapter 42.17 RCW.
(ii)
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)) canceling or withholding a
person's driving privilege. However, the department may make 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)) 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 ((such a)) the
person ((imposing restrictions)). The restrictions must be
suitable to the licensee's driving ability ((with respect to)). The
restrictions may include:
(i)
Special mechanical control devices ((required on a)) on the
motor vehicle ((or)) operated by the licensee;
(ii)
Limitations on the type of motor vehicle ((which)) that the
licensee may operate; or ((such))
(iii)
Other restrictions ((applicable to the licensee as the department may))
determined by the department to be appropriate to assure the licensee's
safe operation of a motor vehicle ((by the licensee)).
(3)
The department may either issue a special restricted license or may set forth
((such)) 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 ((of such license
suspend or revoke the same but)). In that event the licensee ((shall
be)) is entitled to a driver improvement interview and a hearing as
((upon a suspension or revocation under this chapter)) provided by
RCW 46.20.322 or 46.20.328.
(5)
((It is a traffic infraction for any person to operate)) Operating
a motor vehicle ((in any manner)) in violation of the restrictions
imposed in a restricted license ((issued to him or her)) is a traffic
infraction.
Sec. 11. RCW 46.20.045 and 1971 ex.s. c 292 s 43 are each amended to read as follows:
((No))
A person who is under the age of eighteen years shall not drive
((any)):
(1)
A school bus transporting school children; or ((shall drive any))
(2)
A motor vehicle ((when in use for the transportation of)) transporting
persons for compensation.
Sec. 12. RCW 46.20.055 and 1990 c 250 s 34 are each amended to read as follows:
(((1)
Any person who is at least fifteen and a half years of age may apply to the
department for an instruction permit for the operation of any motor vehicle
except a motorcycle. Any person sixteen years of age or older, holding a valid
driver's license, may apply for an instruction permit for the operation of a
motorcycle. The department may in its discretion, after the applicant has
successfully passed all parts of the examination other than the driving test,
issue to the applicant a driver's or motorcyclist's instruction permit.
(a)
A driver's instruction permit entitles the permittee while having the permit in
immediate possession to drive a motor vehicle upon the public highways for a
period of one year when accompanied by a licensed driver who has had at least
five years of driving experience and is occupying a seat beside the driver.
Except as provided in subsection (c) of this subsection, only one additional
permit, valid for one year, may be issued.
(b)
A motorcyclist's instruction permit entitles the permittee while having the
permit in immediate possession to drive a motorcycle upon the public highways
for a period of ninety days as provided in RCW 46.20.510(3). Except as
provided in subsection (c) of this subsection, only one additional permit,
valid for ninety days, may be issued.
(c)
The department after investigation may issue a third driver's or motorcyclist's
instruction permit when it finds that the permittee is diligently seeking to
improve driving proficiency.
(2)
The department may waive the examination, except as to eyesight and other
potential physical restrictions, for any applicant who is enrolled in either a
traffic safety education course as defined by RCW 28A.220.020(2) or a course of
instruction offered by a licensed driver training school as defined by RCW
46.82.280(1) at the time the application is being considered by the
department. The department may require proof of registration in such a course
as it deems necessary.
(3)
The department upon receiving proper application may in its discretion issue a
driver's instruction permit to an applicant who is at least fifteen years of
age and is enrolled in a traffic safety education program which includes
practice driving and which is approved and accredited by the superintendent of public
instruction. Such instruction permit shall entitle the permittee having the
permit in immediate possession to drive a motor vehicle only when an approved
instructor or other licensed driver with at least five years of driving
experience, is occupying a seat beside the permittee.
(4)
The department may in its discretion issue a temporary driver's permit to an
applicant for a driver's license permitting the applicant to drive a motor
vehicle for a period not to exceed sixty days while the department is
completing its investigation and determination of all facts relative to such
applicant's right to receive a driver's license. Such permit must be in the
permittee's immediate possession while driving a motor vehicle, and it shall be
invalid when the permittee's license has been issued or for good cause has been
refused.))
(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 applicant 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. The department shall credit the fee to the highway safety fund.
(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:
(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) 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) 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.
(4) 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.
NEW SECTION. Sec. 13. A new section is added to chapter 46.20 RCW to read as follows:
(1) If the department is completing an investigation and determination of facts concerning an applicant's right to receive a driver's license, it may issue a temporary driver's permit to the applicant.
(2) A temporary driver's permit authorizes the permittee to drive a motor vehicle for up to sixty days. The permittee must have immediate possession of the permit while driving a motor vehicle.
(3) A temporary driver's permit is invalid if the department has issued a license to the permittee or refused to issue a license to the permittee for good cause.
Sec. 14. RCW 46.20.070 and 1997 c 82 s 1 are each amended to read as follows:
((Upon
receiving a written application on a form provided by the director for
permission for a person under the age of eighteen years to operate a motor
vehicle over and upon the public highways of this state in connection with farm
work, the director may issue a limited driving permit containing a photograph
to be known as a juvenile agricultural driving permit, such issuance to be
governed by the following procedure:
(1)
The application must be signed by the applicant and by the applicant's father,
mother, or legal guardian.
(2)
Upon receipt of the application, the director shall cause an examination of the
applicant to be made as by law provided for the issuance of a motor vehicle
driver's license.
(3)
The director shall cause an investigation to be made of the need for the
issuance of such operation by the applicant. The permit also authorizes the
holder to participate in the classroom portion of any traffic safety education
course authorized under RCW 28A.220.030 that is offered in the community in
which the holder is a resident.
Such
permit authorizes the holder to operate a motor vehicle over and upon the
public highways of this state within a restricted farming locality which shall
be described upon the face thereof.
A
permit issued under this section shall expire one year from date of issue,
except that upon reaching the age of eighteen years such person holding a
juvenile agricultural driving permit shall be required to make application for
a motor vehicle driver's license.
The
director shall charge a fee of three dollars for each such permit and renewal
thereof to be paid as by law provided for the payment of motor vehicle driver's
licenses and deposited to the credit of the highway safety fund.
The
director may transfer this permit from one farming locality to another, but
this does not constitute a renewal of the permit.
The
director may deny the issuance of a juvenile agricultural driving permit to any
person whom the director determines to be incapable of operating a motor
vehicle with safety to himself or herself and to persons and property.
The
director may suspend, revoke, or cancel the juvenile agricultural driving
permit of any person when in the director's sound discretion the director has
cause to believe such person has committed any offense for which mandatory
suspension or revocation of a motor vehicle driver's license is provided by
law.
The
director may suspend, cancel, or revoke a juvenile agricultural driving permit
when in the director's sound discretion the director is satisfied the
restricted character of the permit has been violated.))
(1) Agricultural driving permit authorized. The director may issue a juvenile agricultural driving permit to a person under the age of eighteen years if:
(a) The application is signed by the applicant and the applicant's father, mother, or legal guardian;
(b) The applicant has passed the driving examination required by RCW 46.20.120;
(c) The department has investigated the applicant's need for the permit and determined that the need justifies issuance;
(d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself or herself or other persons and property; and
(e) The applicant has paid a fee of three dollars, which the department shall credit to the highway safety fund.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this state in connection with farm work. The holder may drive only within a restricted farming locality described on the permit; and
(ii) Participate in the classroom portion of a traffic safety education course authorized under RCW 28A.220.030 offered in the community where the holder resides.
(b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.
(3) Term and renewal of agricultural driving permit. An agricultural driving permit expires one year from the date of issue.
(a) A person under the age of eighteen who holds a permit may renew the permit by paying a three-dollar fee. The department shall credit the fee to the highway safety fund.
(b) An agricultural driving permit is invalidated when a permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle driver's license under this chapter.
(4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile agricultural driving permit if:
(a) The permittee has been convicted of an offense that requires mandatory suspension or revocation of a driver's license; or
(b) The director is satisfied that the permittee has violated the permit's restrictions.
Sec. 15. RCW 46.20.091 and 1998 c 41 s 11 are each amended to read as follows:
(((1)
Every application for an instruction permit or for an original driver's license
shall be made upon a form prescribed and furnished by the department which
shall be sworn to and signed by the applicant before a person authorized to
administer oaths. An applicant making a false statement under this subsection
is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040. Every
application for an instruction permit containing a photograph shall be
accompanied by a fee of five dollars. The department shall forthwith transmit
the fees collected for instruction permits and temporary drivers' permits to
the state treasurer.
(2)
Every such application shall state the name of record, date of birth, sex, and
Washington residence address of the applicant, and briefly describe the
applicant, and shall state whether the applicant has theretofore been licensed
as a driver or chauffeur, and, if so, when and by what state or country, and
whether any such license has ever been suspended or revoked, or whether an
application has ever been refused, and, if so, the date of and reason for such
suspension, revocation, or refusal, and shall state such additional information
as the department shall require, including a statement that identifying
documentation presented by the applicant is valid.
(3)
Whenever application is received from)) (1) Application.
In order to apply for a driver's license or instruction permit the applicant
must provide his or her:
(a) Name of record, as established by documentation required under RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or
(ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; and
(g) Any additional information required by the department.
(2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
(3)
Driving records from other jurisdictions. If a person previously
licensed in another jurisdiction applies for a Washington driver's license,
the department shall request a copy of ((such)) the applicant's
driver's record from ((such)) the other jurisdiction. ((When
received,)) The driving record ((shall)) from the other
jurisdiction becomes a part of the driver's record in this state.
(4)
((Whenever the department receives request for a driving record from)) Driving
records to other jurisdictions. If another ((licensing))
jurisdiction requests a copy of a person's Washington driver's record,
the department shall provide a copy of the record. The department shall
forward the record ((shall be forwarded)) without charge if the
other ((licensing)) jurisdiction extends the same privilege to the state
of Washington. Otherwise ((there)) the department shall ((be
a reasonable)) charge a reasonable fee for transmittal of the
record((, the amount to be fixed by the director of the department)).
Sec. 16. RCW 46.20.095 and 1998 c 165 s 5 are each amended to read as follows:
The
department's ((shall)) instructional publication for drivers
must include information on:
(1)
The proper use of the left-hand lane by motor vehicles on multilane
highways; and ((on))
(2) Bicyclists' and pedestrians' rights and responsibilities
((in its instructional publications for drivers)).
Sec. 17. RCW 46.20.100 and 1990 c 250 s 36 are each amended to read as follows:
(1)
Application. The ((department of licensing shall not consider an))
application of ((any minor)) a person under the age of eighteen
years for a driver's license or ((the issuance of)) a motorcycle
endorsement ((for a particular category unless:
(1)
The application is also)) must be signed by a
parent or guardian ((having the)) with custody of ((such))
the minor((, or in the event a)). If the minor under the
age of eighteen has no father, mother, or guardian, then ((a driver's
license shall not be issued to the minor unless his or her)) the
application ((is also)) must be signed by the minor's employer((;
and)).
(2)
Traffic safety education requirement. ((The applicant
has satisfactorily completed a)) 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((, conducted by a recognized secondary
school, that meets)). The course must meet the standards
established by the office of the state superintendent of public instruction ((or
the applicant has satisfactorily completed a traffic safety education course,
conducted by a commercial driving instruction enterprise, that meets the
standards established)). 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 ((and is officially approved by
that office on an annual basis: PROVIDED, HOWEVER, That the director may upon
a showing that an applicant was unable to take or complete a driver education
course waive that requirement if the applicant shows to the satisfaction of the
department that a need exists for the applicant to operate a motor vehicle and
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 to be promulgated by
the department in concert with the supervisor of the traffic safety education
section, office of the superintendent of public instruction. For a person
under the age of eighteen years to obtain)).
(b)
To meet the traffic safety education requirement for a motorcycle
endorsement, ((he or she)) 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 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 ((any)) the traffic safety education
requirement ((under this subsection for an)) if the applicant ((previously))
was licensed to drive a motor vehicle or motorcycle outside this state
((if the applicant)) and provides proof ((satisfactory to the
department)) that he or she has had education equivalent to that required
under this subsection.
Sec. 18. RCW 46.20.114 and 1977 ex.s. c 27 s 2 are each amended to read as follows:
((On
and after January 1, 1978,)) The department shall ((implement and
use such process or processes in the preparation and issuance of)) prepare
and issue drivers' licenses and identicards using processes that
prohibit as nearly as possible the alteration or reproduction of such cards, or
the superimposing of other photographs on such cards, without ready detection.
Sec. 19. RCW 46.20.117 and 1993 c 452 s 3 are each amended to read as follows:
(1)
The department shall issue (("identicards,")) a resident of
the state of Washington an identicard, containing a picture, ((to
nondrivers for a fee of four dollars. However, the fee shall be the actual
cost of production to recipients of continuing public assistance grants under
Title 74 RCW who are referred in writing to the department by the secretary of
social and health services. The fee shall be deposited in the highway safety
fund. To be eligible, each applicant shall produce evidence as required in RCW
46.20.035 that positively proves identity. The "identicard" shall))
if he or she:
(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. The department shall deposit the fee in the highway safety fund.
(2) Design. The identicard must:
(a)
Be distinctly designed so that it will not be confused with the official
driver's license((. The identicard shall)); and
(b) Expire on the fifth anniversary of the applicant's birthdate after issuance.
(((2)))
(3) Cancellation. The department may cancel an (("))identicard(("
upon a showing by its records or other evidence that)) if the holder
of ((such ")) the identicard((" has committed a
violation relating to "identicards" defined)) used the card or
allowed others to use the card in violation of RCW 46.20.336.
Sec. 20. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:
((No
new driver's license may be issued and no previously issued license may be
renewed until the applicant therefor has successfully passed)) 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. ((However,))
(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 ((except when)) unless the department
determines that ((an)) the applicant ((for a driver's license))
is not qualified to hold a driver's license under this title((. The
department may also waive)); or
(b)
The actual demonstration of the ability to operate a motor vehicle ((by
a person who)) if the applicant:
(i)
Surrenders a valid driver's license issued by the person's previous home
state; and ((who))
(ii)
Is otherwise qualified to be licensed. ((For a new license))
(2)
Fee. Each applicant for a new license must pay an examination ((a))
fee of seven dollars ((shall be paid by each applicant,)).
(a) The examination fee is in addition to the fee charged for issuance of the license.
(((A)))
(b) "New license ((is one))" means a license
issued to a driver:
(i)
Who has not been previously licensed in this state; or ((to a
driver))
(ii) Whose last previous Washington license has been expired for more than four years.
((Any
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 under RCW 46.20.181. The penalty fee shall be deposited in the
highway safety fund.
Any
person who is outside the state at the time his or her driver's license expires
or who is unable to renew the license due to any incapacity may renew the
license within sixty days after returning to this state or within sixty days
after the termination of any such incapacity without the payment of the penalty
fee.
The department shall provide for giving examinations at places and
times reasonably available to the people of this state.))
Sec. 21. RCW 46.20.130 and 1990 c 250 s 39 are each amended to read as follows:
(1) The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:
(((1)))
(a) A test of the applicant's eyesight and ability to see, understand,
and follow highway signs regulating, warning, and directing traffic;
(((2)))
(b) A test of the applicant's knowledge of traffic laws and ability to
understand and follow the directives of lawful authority, orally or graphically,
that regulate, warn, and direct traffic in accordance with the traffic laws of
this state;
(((3)))
(c) An actual demonstration of the applicant's ability to operate a
motor vehicle ((in such a manner as not to jeopardize)) without
jeopardizing the safety of persons or property; and
(((4)))
(d) Such further examination as the director deems necessary:
(((a)))
(i) To determine whether any facts exist ((which)) that
would bar the issuance of a vehicle operator's license under chapters 46.20,
46.21, and 46.29 RCW((,)); and
(((b)))
(ii) To determine the applicant's fitness to operate a motor vehicle
safely on the highways((; and)).
(((5)
In addition to the foregoing, when)) (2) If the applicant desires to
drive a motorcycle((, as defined in RCW 46.04.330,)) or a motor-driven
cycle((, as defined in RCW 46.04.332, the applicant shall also demonstrate
the ability to operate such motorcycle or motor-driven cycle in such a manner
as not to jeopardize the safety of persons or property)) he or she must
qualify for a motorcycle endorsement under RCW 46.20.500 through 46.20.515.
Sec. 22. RCW 46.20.157 and 1993 c 408 s 12 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, the department shall
annually provide to the department of information services ((at no charge a
computer tape or)) an electronic data file ((of)). The
data file must:
(a)
Contain information on all licensed drivers and identicard holders who are
eighteen years of age or older and whose records have not expired for more than
two years ((and which shall));
(b) Be provided at no charge; and
(c) Contain the following information on each such person: Full name, date of birth, residence address including county, sex, and most recent date of application, renewal, replacement, or change of driver's license or identicard.
(2)
Before complying with subsection (1) of this section, the department shall
remove from the ((tape or)) file the names of any certified participants
in the Washington state address confidentiality program under chapter 40.24 RCW
that have been identified to the department by the secretary of state.
Sec. 23. RCW 46.20.161 and 1998 c 41 s 12 are each amended to read as follows:
The department, upon receipt of a fee of fourteen dollars, which
includes the fee for the required photograph, shall issue to every qualifying
applicant ((qualifying therefor)) a driver's license((, which)).
The license ((shall bear thereon)) must include a
distinguishing number assigned to the licensee, the name of record, date of
birth, Washington residence address, photograph, ((and)) 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. 24. RCW 46.20.181 and 1990 c 250 s 41 are each amended to read as follows:
(1)
Every driver's license expires on the fourth anniversary of the licensee's
birthdate following the issuance of the license. ((Every such license is
renewable))
(2)
A person may renew his or her license on or before ((its)) the
expiration ((upon)) date by submitting an application as
prescribed by the department and ((the payment of)) paying a fee
of fourteen 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.
Sec. 25. RCW 46.20.205 and 1998 c 41 s 13 are each amended to read as follows:
(1)
Whenever any person after applying for or receiving a driver's license or
identicard moves from the address named in the application or in the license or
identicard issued to him or her ((or when the name of record of a licensee
or holder of an identicard is changed by marriage or otherwise)), the
person shall within ten days thereafter notify the department of the address
change. The notification must be in writing on a form provided by the
department ((of his or her old and new addresses or of such former and new
names and of)) and must include the number of ((any)) the
person's driver's license ((then held by him or her)). The written
notification, or other means as designated by rule of the department, is the
exclusive means by which the address of record maintained by the department
concerning the licensee or identicard holder may be changed.
(a) The form must contain a place for the person to indicate that the address change is not for voting purposes. The department of licensing shall notify the secretary of state by the means described in RCW 29.07.270(3) of all change of address information received by means of this form except information on persons indicating that the change is not for voting purposes.
(b) Any notice regarding the cancellation, suspension, revocation, disqualification, probation, or nonrenewal of the driver's license, commercial driver's license, driving privilege, or identicard mailed to the address of record of the licensee or identicard holder is effective notwithstanding the licensee's or identicard holder's failure to receive the notice.
(2) When a licensee or holder of an identicard changes his or her name of record, the person shall notify the department of the name change. The person must make the notification within ten days of the date that the name change is effective. The notification must be in writing on a form provided by the department and must include the number of the person's driver's license. The department of licensing shall not change the name of record of a person under this section unless the person has again satisfied the department regarding his or her identity in the manner provided by RCW 46.20.035.
Sec. 26. RCW 46.20.510 and 1989 c 337 s 9 are each amended to read as follows:
(1)
Categories. There ((shall be)) are three
categories for the special motorcycle endorsement of a driver's license.
Category one ((shall be)) is for motorcycles or motor-driven
cycles having an engine displacement of one hundred fifty cubic centimeters or
less. Category two ((shall be)) is for motorcycles having an
engine displacement of five hundred cubic centimeters or less. Category three
((shall)) includes categories one and two, and ((shall be))
is for motorcycles having an engine displacement of five hundred one
cubic centimeters or more.
(2)
((The department may issue a motorcyclist's instruction permit to an
individual)) 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 ((endorsement)) category ((for a
period not to exceed ninety days. This motorcyclist's instruction permit may
be renewed for an additional ninety days)) 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 ((motorcyclist's)) motorcycle
instruction permit or renewal, and deposit the fee ((shall be
deposited)) in the motorcycle safety education account of the highway
safety fund. ((This permit))
(3)
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((, shall be carried when operating a
motorcycle)). An individual with a motorcyclist's instruction permit may
not carry passengers, 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) 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. 27. RCW 46.64.070 and 1973 2nd ex.s. c 22 s 1 are each amended to read as follows:
To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington state patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.
The powers conferred by RCW 46.64.060 and 46.64.070 are in addition to all other powers conferred by law upon such officers, including but not limited to powers conferred upon them as police officers pursuant to RCW 46.20.430 (as recodified by this act) and powers conferred by chapter 46.32 RCW.
NEW SECTION. Sec. 28. (1) The following subchapter headings are added to chapter 46.20 RCW.
(a) RCW 46.20.005 through 46.20.070 are included under the subchapter heading "Driver's license and permit requirements";
(b) RCW 46.20.091 through 46.20.205 are included under the subchapter heading "Obtaining or renewing a driver's license";
(c) RCW 46.20.207 through 46.20.320 are included under the subchapter heading "Withholding the driving privilege";
(d) RCW 46.20.322 through 46.20.335 are included under the subchapter heading "Driver improvement";
(e) RCW 46.20.338 through 46.20.355 are included under the subchapter heading "Driving or using license while suspended or revoked";
(f) RCW 46.20.380 through 46.20.410 are included under the subchapter heading "Occupational driver's license";
(g) RCW 46.20.500 through 46.20.520 are included under the subchapter heading "Motorcycles";
(h) RCW 46.20.710 through 46.20.750 are included under the subchapter heading "Alcohol detection devices";
(i) RCW 46.20.900 through 46.20.911 are included under the subchapter heading "Miscellaneous."
(2) The range of numbers included in each subchapter delineated in this section may be expanded as deemed necessary by the code reviser in order to include recodified or newly codified sections within a particular subchapter.
(3) Subchapter headings in this title are not part of the law.
NEW SECTION. Sec. 29. (1) RCW 46.20.190 is recodified as RCW 46.20.017.
(2) RCW 46.20.336 and 46.20.550 are recodified as part of the subchapter of chapter 46.20 RCW labeled "Obtaining or renewing a driver's license."
(3) RCW 46.20.343 and 46.20.470 are recodified as part of the subchapter of chapter 46.20 RCW labeled "Driver's license and permit requirements."
(4) RCW 46.20.414 is recodified as part of the subchapter of chapter 46.20 RCW labeled "Withholding the driving privilege."
(5) RCW 46.20.430 is recodified as part of the subchapter of chapter 46.20 RCW labeled "Driving or using license while suspended or revoked."
NEW SECTION. Sec. 30. The following acts or parts of acts are each repealed:
(1) RCW 46.20.106 and 1965 ex.s. c 121 s 14 & 1961 c 12 s 46.20.106; and
(2) RCW 46.20.116 and 1993 c 452 s 2 & 1969 ex.s. c 155 s 3.
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