AN
ACT Relating to occupational drivers' licenses; amending RCW 46.20.394;
reenacting and amending RCW 46.20.391; and providing an effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.20.391 and 1998 c 209 s 4 and 1998 c 207 s 9 are each reenacted and amended
to read as follows:
(1)
Any person licensed under this chapter who is convicted of an offense relating
to motor vehicles for which suspension or revocation of the driver's license is
mandatory, other than vehicular homicide or vehicular assault, or who has had
his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), may submit
to the department an application for an occupational driver's license. The
department, upon receipt of the prescribed fee and upon determining that the
petitioner is engaged in an occupation or trade that makes it essential that
the petitioner operate a motor vehicle, may issue an occupational driver's
license and may set definite restrictions as provided in RCW 46.20.394. No
person may petition for, and the department shall not issue, an occupational
driver's license that is effective during the first thirty days of any
suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504
or pursuant to RCW 46.20.3101 (2)(a) or (3)(a). A person aggrieved by the
decision of the department on the application for an occupational driver's
license may request a hearing as provided by rule of the department.
(2)(a)
A person licensed under this chapter whose driver's license is suspended
administratively due to failure to appear or pay a traffic ticket under RCW
46.20.289; a violation of the financial responsibility laws under chapter 46.29
RCW; or for multiple violations within a specified period of time under RCW
46.20.291, may apply to the department for an occupational driver's license if
the applicant demonstrates to the satisfaction of the department that one of
the following additional conditions are met:
(i)
The applicant is in an apprenticeship program or an on-the-job training program
for which a driver's license is required;
(ii)
The applicant presents evidence that he or she has applied for a position in an
apprenticeship or on-the-job training program and the program has certified
that a driver's license is required to begin the program, provided that a
license granted under this provision shall be in effect no longer than fourteen
days;
(iii)
The applicant is in a program that assists persons who are enrolled in a
WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed
and the program requires a driver's license; or
(iv)
The applicant is undergoing substance abuse treatment or is participating in
meetings of a twelve-step group such as alcoholics anonymous.
(b)
If the suspension is for failure to respond, pay, or comply with a notice of
traffic infraction or conviction, the applicant must enter into a payment plan
with the court.
(c)
An occupational driver's license issued to an applicant described in (a) of
this subsection shall be valid for the period of the suspension or revocation
but not more than two years.
(d)
Upon receipt of evidence that a holder of an occupational driver's license
granted under this subsection is no longer enrolled in an apprenticeship or
on-the-job training program, the director shall give written notice by first
class mail to the driver that the occupational driver's license shall be
canceled. The effective date of cancellation shall be fifteen days from the
date of mailing the notice. If at any time before the cancellation goes into
effect the driver submits evidence of continued enrollment in the program, the
cancellation shall be stayed. If the cancellation becomes effective, the
driver may obtain, at no additional charge, a new occupational driver's license
upon submittal of evidence of enrollment in another program that meets the
criteria set forth in this subsection.
(e)
The department shall not issue an occupational driver's license under (a)(iv)
of this subsection if the applicant is able to receive transit services
sufficient to allow for the applicant's participation in the programs
referenced under (a)(iv) of this subsection.
(3)
An applicant for an occupational driver's license is eligible to receive such
license only if:
(a)
Within one year immediately preceding the date of the offense that gave rise to
the present conviction, the applicant has not committed any offense relating to
motor vehicles for which suspension or revocation of a driver's license is
mandatory; and
(b)
Within seven years immediately preceding the date of the offense that gave rise
to the present conviction or incident, the applicant has not committed any of
the following offenses: (i) Driving or being in actual physical control of a
motor vehicle while under the influence of intoxicating liquor; (ii) vehicular
homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522;
and
(c)
The applicant is engaged in an occupation or trade that makes it essential that
he or she operate a motor vehicle, except as allowed under subsection (2)(a)
of this section; and
(d)
The applicant files satisfactory proof of financial responsibility pursuant to
chapter 46.29 RCW.
(((3)))
(4) The director shall cancel an occupational driver's license upon
receipt of notice that the holder thereof has been convicted of operating a
motor vehicle in violation of its restrictions, or of an offense that pursuant
to chapter 46.20 RCW would warrant suspension or revocation of a regular
driver's license. The cancellation is effective as of the date of the
conviction, and continues with the same force and effect as any suspension or
revocation under this title.
Sec.
2. RCW
46.20.394 and 1983 c 165 s 26 are each amended to read as follows:
In
issuing an occupational driver's license under RCW 46.20.391, the department
shall describe the type of occupation permitted and shall set forth in detail
the specific hours of the day during which the person may drive to and from his
place of work, which may not exceed twelve hours in any one day; the days of
the week during which the license may be used; and the general routes over
which the person may travel. In issuing an occupational driver's license
under RCW 46.20.391(2)(a)(iv), the department shall set forth in detail the
specific hours during which the person may drive to and from substance abuse
treatment or meetings of a twelve-step group such as alcoholics anonymous, the
days of the week during which the license may be used, and the general routes
over which the person may travel. These restrictions shall be prepared in
written form by the department, which document shall be carried in the vehicle
at all times and presented to a law enforcement officer under the same terms as
the occupational driver's license. Any violation of the restrictions
constitutes a violation of RCW 46.20.342 and subjects the person to all
procedures and penalties therefor.
NEW SECTION. Sec. 3. This
act takes effect January 1, 2000.
