FINAL BILL REPORT

2SHB 196

PARTIAL VETO

                                  C 388 L 87

BYHouse Committee on Transportation (originally sponsored by Representatives Armstrong, Patrick, Dellwo, Padden, Wang, Holm, P. King and Bumgarner)

Revising laws against driving without a license.

House Committe on Judiciary

Rereferred House Committee on Transportation

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

A person who drives with a suspended or revoked driver's license or without required insurance or bond may be charged with a gross misdemeanor.  A considerable number of people in the state continue to drive after their driver's licenses have been revoked or suspended.

SUMMARY:

Provisions are made for the marking of vehicle license plates on the cars of persons arrested for driving without a driver's license.  If a person is arrested for driving with a suspended or revoked driver's license or for not having required insurance or bond, and the arresting officer determines that the driver is the registered owner of the vehicle, the officer will mark the vehicle plates and serve a notice of the intent of the Department of Licensing (DOL) to cancel the vehicle plates.  The marked plates will be valid for 60 days or until a hearing before DOL, whichever occurs first.

Marked license plates provide authority for a police officer to stop the vehicle.  Such a stop may be only for the purpose of determining whether the driver is properly licensed.

A driver who wishes to challenge the cancellation of his or her vehicle's license must file a request for a hearing within 15 days of receiving the notice of cancellation.

Upon receiving notice from the arresting officer, the department must review its records.  If the arrested driver's license is suspended or revoked and the driver is the registered owner of the vehicle, the department will cancel the registration of the vehicle until the driver regains his or her driver's license.

If the driver requests a hearing, DOL must hold the hearing within 60 days of the driver's arrest and give the driver at least 20 days prior notice.  The hearing is held in the county of arrest.

If, after the hearing, the cancellation is sustained, the driver may appeal to the superior court.  The appeal must be filed within ten days of receipt by the driver of the department's final order.  An appeal does not stay cancellation of the vehicle registration.  The prevailing party on the appeal may be awarded the actual costs of preparing and transmitting the record.

It is made a crime for a person knowingly to allow the use of his or her car by a driver without a license.

The Department of Licensing is directed to report to the legislature by January 1, 1991 on the effectiveness of the act.

The act expires on July 1, 1993.

VOTES ON FINAL PASSAGE:

      House 91   4

      Senate    46     3 (Senate amended)

      House 93   5 (House concurred)

EFFECTIVE:July 26, 1987

            July 1, 1988 (Sections 1-8)

            January 1, 1990 (Section 9)

Partial Veto Summary:  The partial veto corrects a technical amendment that would have produced a temporary gap in the coverage of the law against driving without a license.  (See VETO MESSAGE)