BILL REQ. #:  H-4122.1 

READ FIRST TIME 02/06/12.   

     AN ACT Relating to commercial driver's license suspension; amending RCW 46.25.090; and providing an effective date.

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

Sec. 1   RCW 46.25.090 and 2011 c 227 s 4 are each amended to read as follows:
     (1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to RCW 46.20.308 or 46.25.120, or if the person has been convicted of a first violation, within this or any other jurisdiction, of:
     (a) Driving a motor vehicle under the influence of alcohol or any drug;
     (b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age twenty-one, as determined by any testing methods approved by law in this state or any other state or jurisdiction;
     (c) Leaving the scene of an accident involving a motor vehicle driven by the person;
     (d) Using a motor vehicle in the commission of a felony;
     (e) Refusing to submit to a test or tests to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle;
     (f) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
     (g) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.
     If any of the violations set forth in this subsection occurred while transporting hazardous material, the person is disqualified for a period of not less than three years.
     (2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those offenses, arising from two or more separate incidents.
     (3) The department may adopt rules, in accordance with federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection (2) of this section may be reduced to a period of not less than ten years.
     (4) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by chapter 69.50 RCW.
     (5)(a) A person is disqualified from driving a commercial motor vehicle for a period of:
     (i) Not less than sixty days if:
     (A) Convicted of or found to have committed a second serious traffic violation while driving a commercial motor vehicle; or
     (B) Convicted of reckless driving, where there has been a prior serious traffic violation; or
     (ii) Not less than one hundred twenty days if:
     (A) Convicted of or found to have committed a third or subsequent serious traffic violation while driving a commercial motor vehicle; or
     (B) Convicted of reckless driving, where there has been two or more prior serious traffic violations.
     (b) The disqualification period under (a)(ii) of this subsection must be in addition to any other previous period of disqualification.
     (c) For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding that a driver has committed a serious traffic violation while driving a commercial motor vehicle or noncommercial motor vehicle, arising from a separate incident occurring within a three-year period, must be counted.
     (6) A person is disqualified from driving a commercial motor vehicle for a period of:
     (a) Not less than one hundred eighty days nor more than one year if convicted of or found to have committed a first violation of an out-of-service order while driving a commercial vehicle;
     (b) Not less than two years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed two violations of out-of-service orders while driving a commercial motor vehicle in separate incidents;
     (c) Not less than three years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed three or more violations of out-of-service orders while driving commercial motor vehicles in separate incidents;
     (d) Not less than one hundred eighty days nor more than two years if the person is convicted of or is found to have committed a first violation of an out-of-service order while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver. A person is disqualified for a period of not less than three years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver.
     (7) A person is disqualified from driving a commercial motor vehicle if a report has been received by the department under RCW 46.25.125 that the person has received a verified positive drug test or positive alcohol confirmation test as part of the testing program conducted under 49 C.F.R. 40. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol treatment and/or education program as recommended by the substance abuse professional, and until the person has met the requirements of RCW 46.25.100. The substance abuse professional shall forward a diagnostic evaluation and treatment recommendation to the department of licensing for use in determining the person's eligibility for driving a commercial motor vehicle. Persons who are disqualified under this subsection more than twice in a five-year period are disqualified for life.
     (8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of this subsection if he or she is convicted of or is found to have committed one of the following six offenses at a railroad-highway grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:
     (i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
     (ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
     (iii) For drivers who are always required to stop, failing to stop before driving onto the crossing;
     (iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
     (v) For all drivers, failing to obey a traffic control device or the directions of an enforcement officer at the crossing;
     (vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
     (b) A person is disqualified from driving a commercial motor vehicle for a period of:
     (i) Not less than sixty days if the driver is convicted of or is found to have committed a first violation of a railroad-highway grade crossing violation;
     (ii) Not less than one hundred twenty days if the driver is convicted of or is found to have committed a second railroad-highway grade crossing violation in separate incidents within a three-year period;
     (iii) Not less than one year if the driver is convicted of or is found to have committed a third or subsequent railroad-highway grade crossing violation in separate incidents within a three-year period.
     (9) A person is disqualified from driving a commercial motor vehicle for not more than one year if a report has been received by the department from the federal motor carrier safety administration that the person's driving has been determined to constitute an imminent hazard as defined by 49 C.F.R. 383.5. A person who is simultaneously disqualified from driving a commercial motor vehicle under this subsection and under other provisions of this chapter, or under 49 C.F.R. 383.52, shall serve those disqualification periods concurrently.
     (10)(a) Upon a determination regarding the suspension, revocation, or cancellation of a commercial driver's license or disqualification of a driver from operating a commercial motor vehicle, the department shall immediately notify the driver's employer or employers, who are on file with the department, of the determination.
     (b) The department shall establish a voluntary database in which an employer may register any employee for which the employer wishes to receive notifications pursuant to (a) of this subsection.
     (11) Within ten days after suspending, revoking, or canceling a commercial driver's license or disqualifying a driver from operating a commercial motor vehicle, the department shall update its records to reflect that action.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2013.