H-1917.1  _______________________________________________

                          HOUSE BILL 2217

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Lovick, Haigh, Anderson, O'Brien, Lantz and Fortunato

Read first time 02/22/1999.  Referred to Committee on Transportation.

Facilitating reexamination of unsafe drivers.

    AN ACT Relating to driver's license examinations; amending RCW 46.20.305; and adding a new section to chapter 42.17 RCW.

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

    Sec. 1.  RCW 46.20.305 and 1998 c 165 s 13 are each amended to read as follows:

    (1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.

(a) The director has good cause to require an examination if he or she receives a written report based upon personal observation of deterioration or lack of skills necessary for driving from:

(i) A law enforcement officer;

(ii) A physician;

(iii) A physical therapist;

(iv) A chiropractor;

(v) A registered nurse;

(vi) A psychologist;

(vii) A social worker; or

(viii) A family member.

(b) A report received by the department under this subsection is exempt from public inspection and copying under chapter 42.17 RCW.  The department shall not divulge the identity of the person making the report without that person's permission.  A person who makes a report in good faith may not be held liable in a civil action based upon the contents of the report, the fact that it was made, or the consequences of the report.

    (2) The department shall require a driver reported under RCW 46.52.070(2), when a fatality occurred, to submit to an examination.  The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for examination.

    (3) The department may require a driver reported under RCW 46.52.070(2) to submit to an examination, or suspend the person's license subject to RCW 46.20.322, when a serious injury occurred.  The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department.

    (4) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.

    (5) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041.  The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.

    (6) The department may require payment of a fee by a person subject to examination under this section.  The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.

NEW SECTION. Sec. 2.  A new section is added to chapter 42.17 RCW to read as follows:

    A report filed with the department of licensing under RCW 46.20.041 that causes the director to commence an inquiry into a person's driving ability is exempt from the disclosure requirements of this chapter.

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