BILL REQ. #: H-1054.1
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 01/28/03.
AN ACT Relating to clarifying the restrictions concerning occupational licenses; and reenacting and amending RCW 46.20.391.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.20.391 and 1999 c 274 s 4 and 1999 c 272 s 1 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 either for a violation of
RCW 46.61.502 or 46.61.504 or under RCW 46.20.3101 (2)(a) or (3)(a), or
for both a violation of RCW 46.61.502 or 46.61.504 and under RCW
46.20.3101 (2)(a) or (3)(a) where the action arises from the same
incident. 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, unless such a plan is not
available.
(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. The
suspension or revocation of the regular driver's license shall not be
affected by the issuance of an occupational license. The two-year
period is to provide an opportunity for the applicant to work in order
to satisfy any penalties or other sanctions imposed by the court which
are the causes of the suspension or revocation of his or her regular
driver's license.
(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 under chapter 46.29 RCW.
(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 a
separate offense that under 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.