BILL REQ. #:  H-4226.1 

Read first time 01/22/2004.   Referred to Committee on Transportation.

     AN ACT Relating to driving while fatigued; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.61 RCW; creating a new section; declaring an emergency; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The United States National Highway Traffic Safety Administration estimates that each year approximately 100,000 police-reported automobile accidents occur due to drivers who are fatigued;
     (2) Every year an estimated 1,500 people are killed on United States roads by fatigued drivers;
     (3) Recent studies show that being awake for 24 hours has the same impairment level as having a blood alcohol concentration of 0.1 percent, above Washington's legal limit of 0.08 percent;
     (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed a violation of traffic laws or regulations enumerated in RCW 10.31.100(3) including:
     (a) Driving while under the influence of intoxicating liquor or drug, as defined by RCW 46.61.502;
     (b) Driving in a reckless manner; or
     (c) Driving with disregard for the safety of others.
     The legislature, therefore, intends to provide additional protections to Washington drivers by making it unlawful to drive while fatigued.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.04 RCW to read as follows:
     "Fatigued" means falling asleep while driving or driving after having been without sleep for a period in excess of twenty-four consecutive hours.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.61 RCW to read as follows:
     It is unlawful for a person to operate a motor vehicle upon the highways of this state when the person is fatigued. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.