| Passed by the House April 19, 2005 Yeas 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 14, 2005 Yeas 44 BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1469 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
| Approved May 13, 2005. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 13, 2005 - 2:41 p.m. Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/25/2005. Referred to Committee on Transportation.
AN ACT Relating to proceedings for violations of commercial motor vehicle laws, rules, and orders; and amending RCW 46.32.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.32.100 and 1998 c 172 s 1 are each amended to read
as follows:
In addition to all other penalties provided by law, a commercial
motor vehicle that is subject to terminal safety audits under this
chapter and an officer, agent, or employee of a company operating a
commercial motor vehicle who violates or who procures, aids, or abets
in the violation of this title or any order or rule of the state patrol
is liable for a penalty of one hundred dollars for each violation,
except for each violation of 49 C.F.R. Pt. 382, controlled substances
and alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of
drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out of
service before the out of service defects have been satisfactorily
repaired, for which the person is liable for a penalty of five hundred
dollars. Each violation is a separate and distinct offense, and in
case of a continuing violation every day's continuance is a separate
and distinct violation.
The penalty provided in this section is due and payable when the
person incurring it receives a notice in writing from the patrol
describing the violation and advising the person that the penalty is
due. The patrol may, upon written application for review, received
within fifteen days, remit or mitigate a penalty provided for in this
section or discontinue a prosecution to recover the penalty upon such
terms it deems proper and may ascertain the facts upon all such
applications in such manner and under such rules as it deems proper.
If the amount of the penalty is not paid to the patrol within fifteen
days after receipt of the notice imposing the penalty, or application
for remission or mitigation has not been made within fifteen days after
the violator has received notice of the disposition of the application,
the ((attorney general shall bring an action)) patrol may commence an
adjudicative proceeding under chapter 34.05 RCW in the name of the
state of Washington ((in the superior court of Thurston county or of
some other county in which the violator does business,)) to confirm the
violation and recover the penalty. In all such ((actions)) proceedings
the procedure and rules of evidence are ((the same as an ordinary civil
action)) as specified in chapter 34.05 RCW except as otherwise provided
in this chapter. All penalties recovered under this section shall be
paid into the state treasury and credited to the state patrol highway
account of the motor vehicle fund.