BILL REQ. #:  S-0483.3 

Read first time 01/17/2007.   Referred to Committee on Transportation.

     AN ACT Relating to teenage drivers; amending RCW 46.20.025, 46.20.055, 46.20.075, 46.20.100, 46.20.267, 46.82.280, 46.82.290, 46.82.300, 46.82.320, and 46.82.430; adding a new section to chapter 46.82 RCW; adding a new section to chapter 28A.320 RCW; repealing RCW 28A.220.010, 28A.220.020, 28A.220.030, 28A.220.040, 28A.220.050, 28A.220.060, 28A.220.070, 28A.220.080, 28A.220.900, 43.131.397, 43.131.398, and 46.82.400; and prescribing penalties.

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

Sec. 1   RCW 46.20.025 and 1999 c 6 s 6 are each amended to read as follows:
     The following persons may operate a motor vehicle on a Washington highway without a valid Washington driver's license:
     (1) A member of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or in the service of the National Guard of this state or any other state, 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 has immediate possession of a valid driver's license issued to the driver by his or her home state; or
     (b) ((Fifteen)) Sixteen years of age with:
     (i) A valid instruction permit issued to the driver by his or her home state; and
     (ii) A licensed driver who has had at least five years of driving experience occupying a seat beside the driver; or
     (c) Sixteen years of age and has immediate possession of a valid driver's license issued to 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 up to one year;
     (3) Any person operating special highway construction equipment as defined in RCW 46.16.010;
     (4) Any person while driving or operating any farm tractor or implement of husbandry that is only incidentally operated or moved over a highway; or
     (5) An operator of a locomotive upon rails, including a railroad crossing over a public highway. 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. 2   RCW 46.20.055 and 2006 c 219 s 14 are each amended to read as follows:
     (1) Driver's instruction permit. (a) The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a fee of twenty dollars, and meets the following requirements:
     (((a) Is at least fifteen and one-half years of age; or
     (b))) (i) Is at least ((fifteen)) sixteen years of age ((and:));
     (((i))) (ii) Has submitted a proper application; and
     (((ii))) (iii) Is enrolled in a ((traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving)) driver training education course as defined in RCW 46.82.280.
     (b) To obtain an instruction permit, an applicant under eighteen years of age must be enrolled in and actively attending school or pursuing a GED certificate.
     (c) At the time the instruction permit is issued, the applicant's parent or guardian or an applicant emancipated under chapter 13.64 RCW must:
     (i) Receive materials explaining the intermediate license;
     (ii) Acknowledge that he or she understands the restrictions of the intermediate license; and
     (iii) Receive a department issued log book to record the required supervised driving practice hours prescribed under RCW 46.20.075.
     (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(4))) a driver training education course as defined in RCW 46.82.280.
     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) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
     (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.
     (c) A person applying to renew an instruction permit must submit the application to the department in person.

Sec. 3   RCW 46.20.075 and 2000 c 115 s 2 are each amended to read as follows:
     (1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and:
     (a) Have possessed a valid instruction permit for a period of not less than six months;
     (b) Have passed a driver licensing examination administered by the department;
     (c) Have passed a driver training education course ((of driver's education)) in accordance with the standards established in RCW 46.20.100;
     (d) Present ((certification)) a department issued log book, certified by his or her parent, guardian, or employer ((to the department)) stating (((i))) that the applicant has had at least ((fifty)) sixty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least ((three)) five years((, and (ii)));
     (e) Present certification that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;
     (((e))) (f) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and
     (((f))) (g) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.
     (2) ((For the first six months after the issuance of an intermediate license or)) Until the holder reaches eighteen years of age, ((whichever occurs first)) when the intermediate license conditions in this section no longer apply, the holder of ((the)) an intermediate license may not:
     (a) Operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder's immediate family as defined in RCW 42.17.020((. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder's immediate family.
     (3) The holder of an intermediate license may not)); or
     (b) Operate a motor vehicle between the hours of ((1 a.m. and 5 a.m.)) 10 p.m. and 6 a.m. except when the holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age.
     (((4))) (3) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.
     (((5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
     (6))) (4) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.
     (((7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the twelve-month period following the issuance of the intermediate license, he or she:
     (a) Has not been involved in an automobile accident; and
     (b) Has not been convicted or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate licensee under this section.))
     (5) The department shall initiate a voluntary program that offers intermediate license holders and their parents or guardians a sign, to improve enforcement of the restrictions under this section, that can be temporarily attached to the vehicle, identifying the driver as an intermediate license holder.

Sec. 4   RCW 46.20.100 and 2002 c 195 s 1 are each amended to read as follows:
     (1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.
     (2) ((Traffic safety)) Driver training education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the ((traffic safety)) driver training education requirements of this subsection.
     (a) To meet the ((traffic safety)) driver training education requirement for a driver's license, the applicant must satisfactorily complete a ((traffic safety)) driver training education course as defined in RCW ((28A.220.020 for a course offered by a school district, or as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW)) 46.82.280. The course ((offered by a school district or an approved private school)) must meet the standards established by ((the office of the state superintendent of public instruction. The course offered by a driver training school must meet the standards established by)) the department of licensing with the advice of the driver instructors' advisory committee, pursuant to RCW 46.82.300. ((The traffic safety education course may be provided by:
     (i) A recognized secondary school; or
     (ii) A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing.))
     (b) To meet the ((traffic safety)) driver training education requirement for a motorcycle endorsement, 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)) driver training 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)) driver training 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.
The department may adopt rules to implement this subsection (2)(c) ((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 the ((traffic safety)) driver training education requirement if the applicant is sixteen years of age and was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.

Sec. 5   RCW 46.20.267 and 2000 c 115 s 3 are each amended to read as follows:
     If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under RCW 46.20.075:
     (1) ((On the first such conviction or finding the department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;
     (2))) On the ((second such)) first conviction or finding, the department shall suspend the person's intermediate driver's license for a period of six months or until the person reaches eighteen years of age, whichever occurs first, and mail the parent or guardian of the person a notification of the suspension;
     (((3))) (2) On the ((third such)) second conviction or finding, the department shall suspend the person's intermediate driver's license until the person reaches eighteen years of age, and mail the parent or guardian of the person a notification of the suspension.
     For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.

NEW SECTION.  Sec. 6   A new section is added to chapter 46.82 RCW to read as follows:
     Driver training education courses administered under this chapter must provide consistent instruction throughout the state regarding: Motor vehicle laws and graduated licensing requirements and restrictions; an acceptance of personal responsibility on the public highways; an understanding of the causes and consequences of traffic accidents; and supervised training and practice in the skills necessary for the safe operation of motor vehicles. Driver training education courses must consist of integrated classroom instruction and behind-the-wheel instruction, which may be provided by licensed instructors employed by driver training schools or school districts under section 12 of this act.

Sec. 7   RCW 46.82.280 and 2006 c 219 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the minimum required curriculum. Behind-the-wheel instruction is characterized by driving experience.
     (2) "Classroom" means a space dedicated to and used exclusively ((by a driver training instructor)) for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.
     (3) "Classroom instruction" means that portion of a ((traffic safety)) driver training education course that is characterized by classroom-based student instruction conducted by or under the direct supervision of a licensed instructor or licensed instructors.
     (4) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
     (5) "Driver training education course" means a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of classroom and behind-the-wheel instruction as documented by the minimum approved curriculum.
     (6) "Director" means the director of the department of licensing of the state of Washington.
     (7) "Advisory committee" means the driving instructors' advisory committee as created in this chapter.
     (8) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:
     (a) Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;
     (b) ((Operation of)) Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;
     (c) Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;
     (d) Issuing a driver training education course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.
     (9) "Licensed instructor" means ((any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile)) an instructor licensed by the director under RCW 46.82.320 to teach either the classroom instruction phase or the behind-the-wheel instruction phase of the driver training education course, or both, under rules adopted by the department.
     (10) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
     (11) "Place of business" means a designated location at which the business of a driver training school is transacted and its records are kept.
     (12) "Person" means any individual, firm, corporation, partnership, or association.
     (13) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:
     (a) Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;
     (b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;
     (c) Is an officer or director of a driver training school;
     (d) Owning ten percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;
     (e) Furnishing ten percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or
     (f) Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.
     (14) "Student" means any person enrolled in a driver training education course that pays a fee for instruction.

Sec. 8   RCW 46.82.290 and 1979 ex.s. c 51 s 2 are each amended to read as follows:
     (1) The director shall be responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.
     (2) The director is authorized to adopt and enforce such reasonable rules as may be consistent with and necessary to carry out this chapter.
     (3)(a) The director, with the advice of the driver instructors' advisory committee and the superintendent of public instruction, shall develop a uniform driver training education curriculum. The department, under the direction of the director, shall produce instructional materials consistent with the curriculum.
     (b) The department shall develop a comprehensive strategy to engage parents and guardians in the curriculum, including at least one classroom session with parent or guardian participation to ensure that parents and guardians understand their supportive roles and the driving restrictions of the intermediate license. The department shall supply a parental guide, available in both English and Spanish, to assist parents and guardians in supporting the curriculum.
     (c) The department shall undertake a statewide educational campaign to educate parents, guardians, and the public about intermediate license restrictions.
     (4) The director shall establish an oversight group of stakeholders and citizens to ensure a consistent, integrated driver training program. Membership in the oversight group must consist of the superintendent of public instruction or his or her designee, representatives from the department, commercial driving schools, and insurance companies, parents and guardians, and other interested stakeholders.
     (5) The director shall advise the superintendent of public instruction of the traffic safety benefits, including reduced accident rates, of (a) shifting high school start times to 9 a.m. and end times to 4 p.m., and (b) closing high school campuses during the lunch hour.

Sec. 9   RCW 46.82.300 and 2006 c 219 s 3 are each amended to read as follows:
     (1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state traffic safety commission. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
     (2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.
     (3) Duties of the advisory committee shall be to:
     (a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;
     (b) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver training education, including intermediate license materials;
     (c) Review and update instructor certification standards to be consistent with RCW 46.82.330 ((and take into consideration those standards required to be met by traffic safety education teachers under RCW 28A.220.020(3))); and
     (d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.

Sec. 10   RCW 46.82.320 and 2006 c 219 s 5 are each amended to read as follows:
     (1) No person ((affiliated with a driver training school)) shall give instruction in the operation of an automobile for a fee without a license issued by the director for that purpose. An application for an original or renewal instructor's license shall be filed with the director, containing such information as prescribed by this chapter and by the director, accompanied by an application fee set by rule of the department, which shall in no event be refunded. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the application requirements and the examination requirements as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of one year from the date of issuance. An instructor shall take a requalification examination every five years.
     (2) The director shall issue a license certificate to each qualified applicant.
     (a) An employing driver training school must conspicuously display an instructor's license at its established place of business and display copies of the instructor's license at any branch office where the instructor provides instruction.
     (b) Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school.
     (c) If the director has not received a renewal application on or before the date a license expires, the license will be voided requiring a new application as provided for in this chapter, including examination and payment of all fees.
     (d) If revoked, canceled, or denied by the director, the license must be surrendered to the department within ten days following the effective date of such action.
     (3) Instructors previously certificated as qualified teachers by the superintendent of public instruction are subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director for a period not to exceed five years and agreed upon by both.
     (4) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be carried on the instructor's person at all times while engaged in instructing.
     (((4))) (5) The person to whom an instructor's license has been issued shall notify the director in writing within ten days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed.

Sec. 11   RCW 46.82.430 and 1998 c 165 s 6 are each amended to read as follows:
     Instructional material used in driver training ((schools shall)) education courses 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 and suggested riding procedures in common traffic situations;
     (3) Motorcycle awareness, as approved by the motorcycle safety foundation, to instruct new drivers on the importance of safely sharing the road with motorcyclists; and
     (4) The effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol-related injury and mortality rates in the state of Washington, and the current penalties for driving under the influence of drugs or alcohol.

NEW SECTION.  Sec. 12   A new section is added to chapter 28A.320 RCW to read as follows:
     (1) The board of directors of every school district or combination of school districts may establish and operate, or contract, a driver training education course as described under chapter 46.82 RCW and assess the tuition and special fees necessary to offset the maintenance and operation costs of this course in whole or in part. Local school districts may teach this course after regular school hours, on weekends, on regular school days, or as a summer school course.
     (2) Instructors providing driver training education under this section must be properly qualified and licensed under chapter 46.82 RCW.
     (3) Each school district shall submit an annual report to the superintendent of public instruction on the condition of its driver training education course.
     (4) The superintendent of public instruction shall monitor school districts' driver training education courses and adopt rules, in consultation with the department of licensing, necessary to implement this section.

NEW SECTION.  Sec. 13   The following acts or parts of acts are each repealed:
     (1) RCW 28A.220.010 (Legislative declaration) and 1977 c 76 s 1;
     (2) RCW 28A.220.020 (Definitions) and 1990 c 33 s 218, 1979 c 158 s 195, 1977 c 76 s 2, 1969 ex.s. c 218 s 1, & 1963 c 39 s 2;
     (3) RCW 28A.220.030 (Administration of program -- Powers and duties of school officials) and 2000 c 115 s 9, 1979 c 158 s 196, 1977 c 76 s 3, 1969 ex.s. c 218 s 2, & 1963 c 39 s 3;
     (4) RCW 28A.220.040 (Fiscal support -- Reimbursement to school districts -- Enrollment fees -- Deposit) and 2000 c 115 s 10, 1984 c 258 s 331, 1977 c 76 s 4, 1969 ex.s. c 218 s 6, 1967 ex.s. c 147 s 5, & 1963 c 39 s 8;
     (5) RCW 28A.220.050 (Information on proper use of left-hand lane) and 1986 c 93 s 4;
     (6) RCW 28A.220.060 (Information on effects of alcohol and drug use) and 1991 c 217 s 2;
     (7) RCW 28A.220.070 (Rules) and 2000 c 115 s 11;
     (8) RCW 28A.220.080 (Information on motorcycle awareness) and 2004 c 126 s 1;
     (9) RCW 28A.220.900 (Purpose) and 1991 c 217 s 1, 1969 ex.s. c 218 s 7, & 1963 c 39 s 1;
     (10) RCW 43.131.397 (Intermediate driver's license program -- Review) and 2000 c 115 s 12;
     (11) RCW 43.131.398 (Intermediate driver's license program--Repeal) and 2000 c 115 s 13; and
     (12) RCW 46.82.400 (Chapter not applicable to educational institutions) and 1979 ex.s. c 51 s 13.