AN
ACT Relating to driving record abstracts furnished to transit authorities; and
amending RCW 46.52.130.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.52.130 and 2001 c 309 s 1 are each amended to read as follows:
(1)
A certified abstract of the driving record shall be furnished only to:
(a)
The individual named in the abstract((,));
(b)
An employer or prospective employer or an agent acting on behalf of an
employer or prospective employer((,));
(c)
An employee or agent of a transit authority checking prospective volunteer
vanpool drivers for insurance and risk management needs;
(d)
The insurance carrier that has insurance in effect covering the employer or
a prospective employer((,));
(e)
The insurance carrier that has motor vehicle or life insurance in
effect covering the named individual((,));
(f)
The insurance carrier to which the named individual has applied((,));
(g)
An alcohol/drug assessment or treatment agency approved by the department
of social and health services, to which the named individual has applied or
been assigned for evaluation or treatment((,)); or
(h)
City and county prosecuting attorneys.
(2)
City attorneys and county prosecuting attorneys may provide the driving record
to alcohol/drug assessment or treatment agencies approved by the department of
social and health services to which the named individual has applied or been
assigned for evaluation or treatment.
(3)
The director, upon proper request, shall furnish a certified abstract covering
the period of not more than the last three years to insurance companies.
(4)
Upon proper request, the director shall furnish a certified abstract covering a
period of not more than the last five years to state approved alcohol/drug
assessment or treatment agencies, except that the certified abstract shall also
include records of alcohol-related offenses as defined in RCW 46.01.260(2)
covering a period of not more than the last ten years.
(5)
Upon proper request, a certified abstract of the full driving record maintained
by the department shall be furnished to a city or county prosecuting attorney,
to the individual named in the abstract ((or)), to an employer or
prospective employer or an agent acting on behalf of an employer or prospective
employer of the named individual, or to an employee or agent of a transit
authority checking prospective volunteer vanpool drivers for insurance and risk
management needs.
(6)
The abstract, whenever possible, shall include:
(a)
An enumeration of motor vehicle accidents in which the person was driving;
(b)
The total number of vehicles involved;
(c)
Whether the vehicles were legally parked or moving;
(d)
Whether the vehicles were occupied at the time of the accident;
(e)
Whether the accident resulted in any fatality;
(f)
Any reported convictions, forfeitures of bail, or findings that an
infraction was committed based upon a violation of any motor vehicle law; ((and))
(g)
The status of the person's driving privilege in this state((. The
enumeration shall include)); and
(h)
Any reports of failure to appear in response to a traffic citation or
failure to respond to a notice of infraction served upon the named individual
by an arresting officer.
(7)
Certified abstracts furnished to prosecutors and alcohol/drug assessment or
treatment agencies shall also indicate whether a recorded violation is an
alcohol-related offense as defined in RCW 46.01.260(2) that was originally
charged as one of the alcohol-related offenses designated in RCW
46.01.260(2)(b)(i).
(8)
The abstract provided to the insurance company shall exclude any information,
except that related to the commission of misdemeanors or felonies by the
individual, pertaining to law enforcement officers or fire fighters as defined
in RCW 41.26.030, or any officer of the Washington state patrol, while driving
official vehicles in the performance of occupational duty. The abstract
provided to the insurance company shall include convictions for RCW 46.61.5249
and 46.61.525 except that the abstract shall report them only as negligent
driving without reference to whether they are for first or second degree
negligent driving. The abstract provided to the insurance company shall
exclude any deferred prosecution under RCW 10.05.060, except that if a person
is removed from a deferred prosecution under RCW 10.05.090, the abstract shall
show the deferred prosecution as well as the removal.
(9)
The director shall collect for each abstract the sum of four dollars and fifty
cents which shall be deposited in the highway safety fund.
(10)
Any insurance company or its agent receiving the certified abstract shall use
it exclusively for its own underwriting purposes and shall not divulge any of
the information contained in it to a third party. No policy of insurance may
be canceled, nonrenewed, denied, or have the rate increased on the basis of
such information unless the policyholder was determined to be at fault. No
insurance company or its agent for underwriting purposes relating to the operation
of commercial motor vehicles may use any information contained in the abstract
relative to any person's operation of motor vehicles while not engaged in such
employment, nor may any insurance company or its agent for underwriting
purposes relating to the operation of noncommercial motor vehicles use any
information contained in the abstract relative to any person's operation of
commercial motor vehicles.
(11)
Any employer or prospective employer or an agent acting on behalf of an
employer or prospective employer receiving the certified abstract shall use it
exclusively for his or her own purpose to determine whether the licensee should
be permitted to operate a commercial vehicle or school bus upon the public
highways of this state and shall not divulge any information contained in it to
a third party.
(12)
Any employee or agent of a transit authority receiving a certified abstract for
its vanpool program shall use it exclusively for determining whether the
volunteer licensee meets those insurance and risk management requirements
necessary to drive a vanpool vehicle. The transit authority may not divulge
any information contained in the abstract to a third party.
(13)
Any alcohol/drug assessment or treatment agency approved by the department of
social and health services receiving the certified abstract shall use it
exclusively for the purpose of assisting its employees in making a
determination as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any information contained in
the abstract to a third party.
(14)
Release of a certified abstract of the driving record of an employee or
prospective employee requires a statement signed by: (((1))) (a)
The employee or prospective employee that authorizes the release of the record,
and (((2))) (b) the employer attesting that the information is
necessary to determine whether the licensee should be employed to operate a
commercial vehicle or school bus upon the public highways of this state. If
the employer or prospective employer authorizes an agent to obtain this
information on their behalf, this must be noted in the statement.
(15)
Any negligent violation of this section is a gross misdemeanor.
(16)
Any intentional violation of this section is a class C felony.
