S-0734.2  _______________________________________________

                         SENATE BILL 5309

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senator Haugen

Read first time 01/19/1999.  Referred to Committee on Transportation.

Technically editing chapter 46.20 RCW.

    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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