H-1227              _______________________________________________

                                                    HOUSE BILL NO. 602

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Crane, Prince, Chandler, S. Wilson, Fuhrman, Brough, Doty, Todd and May

Read first time 2/4/87 and referred to Committee on Transportation.

AN ACT Relating to driver licensing examinations; amending RCW 46.20.130; adding a new section to chapter 46.20 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that there exists a compelling state interest in effectuating safe conditions on the roads and highways and keeping unsafe drivers off such roads and highways.  To this end, the legislature finds that the ability of drivers to comprehend and communicate English in certain emergent situations which may occur is of paramount importance and should be assured by the department of licensing.

        Sec. 2.  Section 46.20.130, chapter 12, Laws of 1961 as last amended by section 4, chapter 245, Laws of 1981 and RCW 46.20.130 are each amended to read as follows;

          The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:

          (1) A test of the applicant's eyesight and his ability to see, understand, and follow highway signs regulating, warning, and directing traffic;

          (2) A test of the applicant's knowledge of traffic laws and his or her ability to understand and follow the directives of lawful authority((, given in the English language, orally or graphically,)) that regulate, warn, and direct traffic in accordance with the traffic laws of this state;

           (3) A test of the applicant's ability to comprehend important English phrases, either orally or graphically, that may be put to the applicant in emergent road situations, the knowledge of which relates to the creation and maintenance of safe conditions on the highways and roads of this state, and including such phrases as those used in road signs, traffic warnings, and any notice given for an alleged violation of law, including information regarding breathalyzer tests and any warning of rights that attach to an accused;

(4) An actual demonstration of his ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property; ((and

          (4))) (5) Such further examination as the director deems necessary (a) to determine whether any facts exist which would bar the issuance of a vehicle operator's license under chapters 46.20, 46.21 and 46.29 RCW, and (b) to determine the applicant's fitness to operate a motor vehicle safely on the highways; ((and

          (5))) (6) In addition to the foregoing, when the applicant desires to drive a motorcycle, as defined in RCW 46.04.330, or a motor-driven cycle, as defined in RCW 46.04.332, the applicant shall also demonstrate his ability to operate such motorcycle or motor-driven cycle in such a manner as not to jeopardize the safety of persons or property;

(7) The English phrases in subsection (3) of this section shall be limited in number and shall be published by the department so that applicants may become familiar with phrases on which they will be tested; and

(8) No applicant may be licensed without demonstrating his or her ability to comprehend and respond to such phrases and advisements and all drivers licensed after the effective date of this 1987 section shall be legally presumed to comprehend such phrases and advisements.

NEW SECTION. Sec. 3.  A new section is added to chapter 46.20 RCW to read as follows:

          Nonoral English speaking drivers shall be required to carry prewritten messages in English ready for use in disclosing driver's license information, name, current address, and insurer, should the need arise to communicate that or similar information to traffic officers or other persons involved in accidents.

NEW SECTION. Sec. 4.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.