BP BHEAD INT S [atlas:bill]

AN ACT Relating to proof of financial responsibility or motor vehicle liability insurance; and amending RCW 46.30.020, 46.16.212, 46.16.210, 46.30.040, and 46.30.030.

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

Sec. 1. RCW 46.30.020 and 1991 sp.s. c 25 s 1 are each amended to read as follows:

(1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.

(b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.

(c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.

(d)(i) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community service.

(ii) If a person fails to provide proof of financial responsibility or motor vehicle liability insurance when requested by a law enforcement officer, the law enforcement officer may issue a notice of traffic infraction and may also impound the vehicle if the person cited is also a registered owner of the vehicle. If the vehicle is impounded the registered owner of the vehicle must pay any and all costs associated with impoundment including costs for towing, removal, and storage of the vehicle, and any other fees and fines incurred.

(iii) The second and subsequent times a person fails to provide proof of motor vehicle liability insurance, provided the citations have not been dismissed under subsection (2) of this section, in addition to the penalty under (d)(i) and (ii) of this subsection, the driver's license of that person shall be suspended for one year. The court shall notify the department of licensing when this subsection applies and the driver's license is to be suspended. The department of licensing shall suspend the driver's license under RCW 46.20.291(1).

(2) If a person cited for a violation of subsection (1) of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court may assess court administrative costs of twenty-five dollars at the time of dismissal.

(3) The provisions of this chapter shall not govern:

(a) The operation of a motor vehicle registered under RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or

(b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.

(4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.

Sec. 2. RCW 46.16.212 and 1989 c 353 s 10 are each amended to read as follows:

(1) The department of licensing shall notify the public of the requirements of RCW 46.30.020 through 46.30.040 at the time of new vehicle registration and when the department sends a registration renewal notice.

(2) The department of licensing shall not issue an original vehicle license or renew a vehicle license unless the applicant provides written proof of meeting the financial responsibility requirements for operating a motor vehicle as provided in RCW 46.30.020.

Sec. 3. RCW 46.16.210 and 1997 c 241 s 8 are each amended to read as follows:

(1) Upon receipt of the application and proper fee for original vehicle license, the director shall make a recheck of the application and in the event that there is any error in the application it may be returned to the county auditor or other agent to effectively secure the correction of such error, who shall return the same corrected to the director.

(2) Application for the renewal of a vehicle license shall be made to the director or his agents, including county auditors, by the registered owner on a form prescribed by the director. The application must be accompanied by the certificate of registration for the last registration period in which the vehicle was registered in Washington unless the applicant submits a preprinted application mailed from Olympia, and the payment of such license fees and excise tax as may be required by law. Such application shall be handled in the same manner and the fees transmitted to the state treasurer in the same manner as in the case of an original application. Any such application which upon validation becomes a renewal certificate need not have entered upon it the name of the lien holder, if any, of the vehicle concerned.

(3) Persons expecting to be out of the state during the normal renewal period of a vehicle license may secure renewal of such vehicle license and have license plates or tabs preissued by making application to the director or his agents upon forms prescribed by the director. The application must be accompanied by the certificate of registration for the last registration period in which the vehicle was registered in Washington and be accompanied by such license fees, and excise tax as may be required by law.

(4) Every applicant for an original vehicle license or for the renewal of a vehicle license shall provide current proof of financial responsibility to operate a vehicle as required in RCW 46.30.020. The department may adopt rules regarding valid proof of financial responsibility for persons applying for or renewing a vehicle license.

(5) Application for the annual renewal of a vehicle license number plate to the director or the director's agents shall not be required for those vehicles owned, rented, or leased by the state of Washington, or by any county, city, town, school district, or other political subdivision of the state of Washington or a governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior.

Sec. 4. RCW 46.30.040 and 1991 sp.s. c 25 s 2 are each amended to read as follows:

Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer ((or)), to a court, or to the department of licensing on an application for an original vehicle license or the renewal of a vehicle license, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a misdemeanor.

Sec. 5. RCW 46.30.030 and 1989 c 353 s 3 are each amended to read as follows:

(1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with an identification card as specified by the department of licensing. The insurance company shall provide the policyholder with a new identification card every three months. At the policyholder's request, the insurer shall provide the policyholder a card for each vehicle covered under the policy.

(2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identification cards to be used for proof of compliance with RCW 46.30.020, including the method for issuance of such identification cards by persons or organizations providing proof of compliance through self-insurance, certificate of deposit, or bond. In adopting such rules the department shall consider the guidelines for insurance identification cards developed by the insurance industry committee on motor vehicle administration.