H-340 _______________________________________________
HOUSE BILL NO. 1465
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives R. Meyers, Schmidt, Walk, Heavey, D. Sommers, Cooper, Jones and Betrozoff; by request of Legislative Transportation Committee
Read first time 1/25/89 and referred to Committee on Transportation.
AN ACT Relating to programs administered by the department of licensing; amending RCW 10.05.060, 46.01.030, 46.01.090, 46.01.100, 46.04.303, 46.04.304, 46.04.305, 46.04.330, 46.04.580, 46.09.080, 46.09.140, 46.10.050, 46.10.140, 46.12.070, 46.12.140, 46.12.151, 46.12.181, 46.16.270, 46.20.021, 46.20.055, 46.20.091, 46.20.100, 46.20.118, 46.20.119, 46.20.130, 46.20.161, 46.20.181, 46.20.270, 46.20.285, 46.20.293, 46.20.311, 46.20.326, 46.20.342, 46.20.391, 46.20.911, 46.29.110, 46.29.330, 46.29.430, 46.29.610, 46.61.655, 46.61.685, 46.61.688, 46.64.048, 46.65.070, 46.65.090, 46.70.029, 46.70.041,!se 46.70.061, 46.70.083, 46.70.085, 46.76.040, 46.79.010, 46.79.020, 46.79.070, 46.80.030, 46.82.410, and 46.90.300; reenacting and amending RCW 46.37.530 and 46.63.020; adding a new section to chapter 46.04 RCW; repealing RCW 46.20.171, 46.20.416, 46.20.418, 46.20.599, and 46.29.625; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 6, chapter 244, Laws of 1975 1st ex. sess. as last amended by section 9, chapter 352, Laws of 1985 and RCW 10.05.060 are each amended to read as follows:
If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be attached to the docket, which shall then be removed from the regular court dockets and filed in a special court deferred prosecution file. If the charge be one that an abstract of the docket showing the charge and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner. The entry is not a conviction for purposes of Title 46 RCW. The department shall maintain the record for five years from date of entry of the order granting deferred prosecution.
Sec. 2. Section 3, chapter 156, Laws of 1965 and RCW 46.01.030 are each amended to read as follows:
The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;
(10)
general highway safety promotion in cooperation with the Washington state
patrol and ((state)) traffic safety ((council)) commission;
(11) such other activities as the legislature may provide.
Sec. 3. Section 9, chapter 156, Laws of 1965 as amended by section 119, chapter 158, Laws of 1979 and RCW 46.01.090 are each amended to read as follows:
The
department shall be under the control of an executive officer to be known as
the director of licensing. ((He)) The director shall be
appointed by the governor, with the consent of the senate, and hold office at
the pleasure of the governor. ((The director)) Directors shall
be selected with special reference to ((his)) their experience,
capacity, and interest in the field of motor vehicle administration or
highway safety.
Sec. 4. Section 10, chapter 156, Laws of 1965 and RCW 46.01.100 are each amended to read as follows:
((The
director)) Directors shall organize the department in such manner as
((he)) they may deem necessary ((properly)) to segregate
and conduct the work of the department ((effectively)).
Sec. 5. Section 5, chapter 231, Laws of 1971 ex. sess. and RCW 46.04.303 are each amended to read as follows:
"Modular
home" means ((any factory-built housing)) a factory-assembled
structure designed primarily for ((residential occupancy by human beings
which does not contain a permanent frame)) use as a dwelling when
connected to the required utilities that include plumbing, heating, and
electrical systems contained therein, does not contain its own running gear,
and must be mounted on a permanent foundation. A modular home does not
include a mobile home or manufactured home.
Sec. 6. Section 1, chapter 213, Laws of 1979 ex. sess. as amended by section 702, chapter 330, Laws of 1987 and RCW 46.04.304 are each amended to read as follows:
"Moped"
means ((any two-wheeled or three-wheeled)) a motorized device designed
to travel with not more than three sixteen-inch or larger diameter wheels in
contact with the ground, having fully operative pedals for propulsion by
human power, and ((a)) an electric or a liquid fuel motor
with a cylinder displacement not exceeding fifty cubic centimeters which
produces no more than two gross brake horsepower (developed by a prime mover,
as measured by a brake applied to the driving shaft) ((and)) that
is capable of propelling the device at ((a maximum speed of)) not more
than thirty miles per hour on level ground((, and the wheels of which are at
least sixteen inches in diameter)).
The Washington
state patrol may approve of and define as a "moped" a vehicle which
fails to meet these specific criteria, but which is essentially similar in
performance and application to ((vehicles)) motorized devices
which do meet these specific criteria.
Sec. 7. Section 3, chapter 231, Laws of 1971 ex. sess. and RCW 46.04.305 are each amended to read as follows:
"Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle.
Sec. 8. Section 46.04.330, chapter 12, Laws of 1961 as amended by section 2, chapter 213, Laws of 1979 ex. sess. and RCW 46.04.330 are each amended to read as follows:
"Motorcycle"
means ((every)) a motor vehicle ((having a saddle for the use
of the rider and)) designed to travel on not more than three wheels in
contact with the ground, on which the driver rides astride the motor unit or
power train and is designed to be steered with a handle bar, but excluding
a farm tractor and a moped.
The Washington state patrol may approve of and define as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific criteria.
NEW SECTION. Sec. 9. A new section is added to chapter 46.04 RCW to read as follows:
"Photograph," along with the terms "picture" and "negative," means a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital data imaging.
Sec. 10. Section 46.04.580, chapter 12, Laws of 1961 and RCW 46.04.580 are each amended to read as follows:
"Suspend," in all its forms, means invalidation for any period less than one calendar year and thereafter until reinstatement. However, under RCW 46.61.515 the invalidation may last for more than one calendar year.
Sec. 11. Section 13, chapter 47, Laws of 1971 ex. sess. as last amended by section 5, chapter 206, Laws of 1986 and RCW 46.09.080 are each amended to read as follows:
(1) Each dealer of off-road vehicles in this state who does not have a current "dealer's plate" for vehicle use pursuant to chapter 46.70 RCW shall obtain an ORV dealer permit from the department in such manner and upon such forms as the department shall prescribe. Upon receipt of an application for an ORV dealer permit and the fee under subsection (2) of this section, the dealer shall be registered and an ORV dealer permit number assigned.
(2) The fee for ORV dealer permits shall be twenty-five dollars per year, which covers all of the off-road vehicles owned by a dealer and not rented. Off-road vehicles rented on a regular, commercial basis by a dealer shall have separate use permits.
(3) Upon
the issuance of an ORV dealer permit each dealer ((shall)) may
purchase, at a cost to be determined by the department, ORV dealer number
plates of a size and color to be determined by the department, that contain the
dealer ORV permit number assigned to the dealer. Each off-road vehicle
operated by a dealer, dealer representative, or prospective customer for
the purposes of testing or demonstration shall display such number plates
assigned pursuant to the dealer permit provisions in chapter 46.70 RCW or this
section, in a manner prescribed by the department.
(4) ((No
person other than a dealer or a representative thereof may display number
plates as prescribed in subsection (3) of this section, and)) No
dealer ((or)), dealer representative ((thereof)), or
prospective customer shall use such number plates for any purpose other
than the purpose prescribed in subsection (3) of this section.
(5) ORV dealer permit numbers shall be nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at wholesale or retail or to test or demonstrate any off-road vehicle within the state unless he has a motor vehicle dealers' license pursuant to chapter 46.70 RCW or an ORV dealer permit number in accordance with this section.
(7) When an ORV is sold by a dealer, the dealer shall apply for title in the purchaser's name within fifteen days following the sale.
Sec. 12. Section 19, chapter 47, Laws of 1971 ex. sess. as amended by section 12, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.140 are each amended to read as follows:
The
operator of any nonhighway vehicle involved in any accident resulting in injury
to or death of any person, or property damage to another ((in the estimated
amount of two hundred dollars or more)) to an apparent extent equal to
or greater than the minimum amount established by rule adopted by the chief of
the Washington state patrol in accordance with chapter 46.52 RCW, or a
person acting for the operator shall submit such reports as are required under
chapter 46.52 RCW, ((as now enacted or as hereafter amended,)) and the
provisions of chapter 46.52 RCW ((shall be applicable)) applies
to ((such)) the reports when submitted.
Sec. 13. Section 5, chapter 29, Laws of 1971 ex. sess. as amended by section 5, chapter 17, Laws of 1982 and RCW 46.10.050 are each amended to read as follows:
(1) Each dealer of snowmobiles in this state shall register with the department in such manner and upon such forms as the department shall prescribe. Upon receipt of a dealer's application for registration and the registration fee provided for in subsection (2) of this section, such dealer shall be registered and a registration number assigned.
(2) The
registration fee for dealers shall be twenty-five dollars per year, and such
fee shall cover all of the snowmobiles ((owned)) offered by a
dealer for ((other than personal use)) sale and not rented on a
regular, commercial basis: PROVIDED, That snowmobiles rented on a regular
commercial basis by a dealer shall be registered separately under the
provisions of RCW 46.10.020, 46.10.040, 46.10.060, and 46.10.070.
(3) Upon
registration each dealer ((shall)) may purchase, at a cost to be
determined by the department, dealer number plates of a size and color to be
determined by the department, which shall contain the registration number
assigned to that dealer. Each snowmobile operated by a dealer, dealer
representative, or prospective customer for the purposes ((enumerated in
subsection (2) of this section)) of demonstration or testing shall
display such number plates in a clearly visible manner.
(4) No
person other than a dealer ((or a)), dealer representative ((thereof)),
or prospective customer shall display a dealer number plate, and no dealer
((or a)), dealer representative ((thereof)), or
prospective customer shall use a dealer's number plate for any purpose
other than the purposes described in subsection (((2))) (3) of
this section.
(5) Dealer
registration numbers ((shall be)) are nontransferable.
(6) It ((shall
be)) is unlawful for any dealer to sell any snowmobile at wholesale
or retail, or to test or demonstrate any snowmobile, within the state, unless
registered in accordance with the provisions of this section.
Sec. 14. Section 14, chapter 29, Laws of 1971 ex. sess. and RCW 46.10.140 are each amended to read as follows:
The
operator of any snowmobile involved in any accident resulting in injury to or
death of any person, or property damage ((in the estimated amount of two
hundred dollars or more)) to an apparent extent equal to or greater than
the minimum amount established by rule adopted by the Washington state patrol
in accordance with chapter 46.52 RCW, or a person acting for the operator,
or the owner of the snowmobile having knowledge of the accident, ((should))
if the operator of the snowmobile ((be)) is unknown, shall
submit such reports as are required under chapter 46.52 RCW, ((as now
enacted or as hereafter amended,)) and the provisions of chapter 46.52 RCW
((shall be applicable)) applies to ((such)) the
reports when submitted.
Sec. 15. Section 46.12.070, chapter 12, Laws of 1961 and RCW 46.12.070 are each amended to read as follows:
Upon the
destruction of any vehicle ((covered by)) issued a certificate((s))
of ownership under this chapter or a license registration ((and
ownership)) under chapter 46.16 RCW, the registered owner and the
legal owner shall forthwith and within ((five)) fifteen days
thereafter forward and surrender ((such)) the certificate((,
together with the vehicle license plates therefor if available,)) to the ((director))
department, together with a statement of the reason for ((such)) the
surrender and the ((time)) date and place of destruction.
Failure to notify the ((director)) department or the possession
by any person of any such certificate for a vehicle so destroyed, after ((five))
fifteen days following its destruction, ((shall be)) is
prima facie evidence of violation of the provisions of this chapter and ((shall))
constitutes a gross misdemeanor.
Any
insurance company settling ((any)) an insurance claim on ((any
such)) a vehicle that has been issued a certificate of ownership
under this chapter or a certificate of license registration under chapter 46.16
RCW as a total loss, less salvage value, shall notify the ((director))
department thereof within ((five)) fifteen days after the
settlement of ((any such)) the claim ((under any policy of
insurance carried by it on a vehicle covered by certificates of license
registration and ownership issued by this state)). Notification shall
be provided regardless of where or in what jurisdiction the total loss
occurred.
Sec. 16. Section 46.12.140, chapter 12, Laws of 1961 and RCW 46.12.140 are each amended to read as follows:
In the case
of vehicle dealers ((in vehicles, including manufacturers who sell to
persons other than dealers,)) a separate certificate of ownership, either
of the dealer or of the dealer's immediate vendor properly assigned ((or
of the dealer himself)), shall be required covering each used vehicle kept
in ((his)) the dealer's possession. In the case of consigned
vehicles, the vehicle dealer may possess a completed consignment contract that
includes a guaranteed title from the seller in lieu of the required certificate
of ownership.
Sec. 17. Section 9, chapter 140, Laws of 1967 and RCW 46.12.151 are each amended to read as follows:
If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may register the vehicle but shall either:
(1) Withhold issuance of a certificate of ownership for a period of three years or until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or
(2) As a
condition of issuing a certificate of ownership, require the applicant to file
with the department a bond for a period of three years in the form
prescribed by the department and executed by the applicant((, or in lieu
thereof a deposit of cash in like amount)). The bond shall be in an amount
equal to one and one-half times the value of the vehicle as determined by the
department and conditioned to indemnify any prior owner and secured party and
any subsequent purchaser of the vehicle or person acquiring any security
interest in it, and their respective successors in interest, against any expense,
loss or damage, including reasonable attorney's fees, by reason of the issuance
of the certificate of ownership of the vehicle or on account of any defect in
or undisclosed security interest upon the right, title and interest of the
applicant in and to the vehicle. Any such interested person has a right of
action to recover on the bond for any breach of its conditions, but the
aggregate liability of the surety to all persons shall not exceed the amount of
the bond. ((The bond, or any cash deposit shall be returned)) At
the end of three years or prior thereto if the vehicle is no longer registered
in this state ((and the currently valid certificate)) or when
satisfactory evidence of ownership is surrendered to the department, ((unless
the department has been notified of the pendency of an action to recover on))
the owner may apply to the department for a replacement certificate of
ownership without reference to the bond.
Sec. 18. Section 8, chapter 140, Laws of 1967 as amended by section 1, chapter 170, Laws of 1969 ex. sess. and RCW 46.12.181 are each amended to read as follows:
If a certificate of ownership or a certificate of license registration is lost, stolen, mutilated or destroyed or becomes illegible, the first priority secured party or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a duplicate upon tender of one dollar and upon furnishing information satisfactory to the department. The duplicate certificate of ownership or license registration shall contain the legend, "This is a duplicate certificate." It shall be mailed to the first priority secured party named in it or, if none, to the owner.
((The
department shall not issue a new certificate of ownership to a transferee upon
application made for a duplicate until fifteen department business days after
receipt of the application.))
A person recovering an original certificate of ownership or title registration for which a duplicate has been issued shall promptly surrender the original certificate to the department.
Sec. 19. Section 2, chapter 178, Laws of 1987 and RCW 46.16.270 are each amended to read as follows:
Replacement plates issued after January 1, 1987, will be centennial plates as described in RCW 46.16.650. Revenues generated from the centennial plate shall go in part to support local and state centennial activities as provided in RCW 27.60.080. One dollar per plate of the replacement plate fee(s) will be distributed as follows: From January 1, 1987, through June 30, 1989, one-half of the fee shall be deposited in the centennial commission account, and the remainder shall be deposited in the motor vehicle fund. Commencing July 1, 1989, the total replacement plate fee including the one dollar per plate centennial plate fee shall be deposited in the motor vehicle fund.
Upon the
loss, defacement, or destruction of one or both of the vehicle license number
plates issued for any vehicle where more than one plate was originally issued
or where one or both have become so illegible or in such a condition as to be
difficult to distinguish, or upon the owner's option, the owner of the vehicle
shall make application for new vehicle license number plates upon a form
furnished by the director((, upon which form it shall be required that the
owner, if appropriate and in addition to other requirements, make a complete
statement as to the cause of the loss, defacement, or destruction of the
original plate or plates, which statement shall be subscribed and sworn to
before a notary public or other person authorized to certify to statements upon
vehicle license applications. Such)). The application shall be
filed with the director or the director's authorized agent, accompanied by the
certificate of license registration of the vehicle and a fee in the amount of
three dollars per plate, whereupon the director, or the director's authorized
agent, shall issue new vehicle license number plates to the applicant. It
shall be accompanied by a fee of two dollars for a new motorcycle license
number plate. In the event the director has issued a license period
tab((s)) or a windshield emblem instead of vehicle license number
plates, and upon the loss, defacement, or destruction of the tab((s)) or
windshield emblem, application shall be made on a form provided by the director
and in the same manner as above described, and shall be accompanied by a fee of
one dollar for ((each pair of tabs or for each)) a year tab or
windshield emblem, whereupon ((the director shall issue to the applicant a
duplicate pair of tabs)) a year tab and when necessary a month tab
or a windshield emblem to replace those lost, defaced, or destroyed shall be
issued. For ((those)) vehicles owned, rented, or leased by the
state of Washington or by any county, city, town, school district, or other
political subdivision of the state of Washington or United States government,
or owned or leased by the governing body of an Indian tribe as defined in RCW
46.16.020, a fee shall be charged for replacement of a vehicle license number
plate only to the extent required by the provisions of RCW 46.16.020,
46.16.061, 46.16.237, and 46.01.140. For ((those)) vehicles owned,
rented, or leased by foreign countries or international bodies to which the
United States government is a signatory by treaty, the payment of any fee for
the replacement of a vehicle license number plate shall not be required.
Sec. 20. Section 2, chapter 121, Laws of 1965 ex. sess. as last amended by section 1, chapter 88, Laws of 1988 and RCW 46.20.021 are each amended to read as follows:
(1) No
person, except as expressly exempted by this chapter, may drive any motor
vehicle upon a highway in this state unless the person has a valid driver's
license issued under the provisions of this chapter. A violation of this
subsection is a misdemeanor and is a lesser included offense within the offenses
described in RCW 46.20.342(1), ((46.20.416,)) 46.20.420, and 46.65.090.
(2) No person shall receive a driver's license unless and until he or she surrenders to the department all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction. The department shall establish a procedure to invalidate the surrendered photograph license and return it to the person. The invalidated license, along with the valid temporary Washington driver's license provided for in RCW 46.20.055(3), shall be accepted as proper identification. The department shall notify the issuing department that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid driver's license at any time.
(3) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.
Sec. 21. Section 10, chapter 260, Laws of 1981 as last amended by section 1, chapter 17, Laws of 1986 and RCW 46.20.055 are each amended to read as follows:
(1) Any
person who is at least fifteen and a half years of age may apply to the department
for an instruction permit for the operation of any motor vehicle except a
motorcycle. Any person ((who is at least)) sixteen years of age or
older, holding a valid driver's license, may apply for an instruction
permit for the operation of a motorcycle. The department may in its
discretion, after the applicant has successfully passed all parts of the
examination other than the driving test, issue to the applicant a driver's or
motorcyclist's instruction permit.
(a) A driver's instruction permit entitles the permittee while having the permit in immediate possession to drive a motor vehicle upon the public highways for a period of one year when accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver. Except as provided in subsection (c) of this subsection, only one additional permit, valid for one year, may be issued.
(b) A motorcyclist's instruction permit entitles the permittee while having the permit in immediate possession to drive a motorcycle upon the public highways for a period of ninety days as provided in RCW 46.20.510(3). Except as provided in subsection (c) of this subsection, only one additional permit, valid for ninety days, may be issued.
(c) The department after investigation may issue a third driver's or motorcyclist's instruction permit when it finds that the permittee is diligently seeking to improve driving proficiency.
(2) The
department may waive the examination, except as to eyesight and other potential
physical restrictions, for any applicant who is enrolled in either a traffic
safety education course as defined by RCW ((46.81.010(2))) 28A.08.010(2)
or a course of instruction offered by a licensed driver training school as
defined by RCW 46.82.280(1) at the time the application is being considered by
the department. The department may require proof of registration in such a
course as it deems necessary.
(3) The
department upon receiving proper application may in its discretion issue a
driver's instruction permit ((effective for a school semester or other
restricted period)) to an applicant who is at least fifteen years of age
and is enrolled in a traffic safety education program which includes practice
driving and which is approved and accredited by the superintendent of public
instruction. Such instruction permit shall entitle the permittee having the
permit in immediate possession to drive a motor vehicle only when an approved
instructor or other licensed driver with at least five years of driving experience,
is occupying a seat beside the permittee.
(4) The department may in its discretion issue a temporary driver's permit to an applicant for a driver's license permitting the applicant to drive a motor vehicle for a period not to exceed sixty days while the department is completing its investigation and determination of all facts relative to such applicant's right to receive a driver's license. Such permit must be in the permittee's immediate possession while driving a motor vehicle, and it shall be invalid when the permittee's license has been issued or for good cause has been refused.
Sec. 22. Section 8, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 1, Laws of 1985 ex. sess. and RCW 46.20.091 are each amended to read as follows:
(1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths. Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars. The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.
(2) Every such application shall state the full name, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require.
(3) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this state.
(4) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington. Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.
Sec. 23. Section 46.20.100, chapter 12, Laws of 1961 as last amended by section 2, chapter 234, Laws of 1985 and RCW 46.20.100 are each amended to read as follows:
The department of licensing shall not consider an application of any minor under the age of eighteen years for a driver's license or the issuance of a motorcycle endorsement for a particular category unless:
(1) The
application is also signed by ((the father or mother of the applicant,
otherwise by the)) a parent or guardian having the custody of such
minor, or in the event a minor under the age of eighteen has no father, mother,
or guardian, then a driver's license shall not be issued to the minor unless his
or her application is also signed by the minor's employer; and
(2) The
applicant has satisfactorily completed a traffic safety education course as
defined in RCW ((46.81.010)) 28A.08.010, conducted by a
recognized secondary school, that meets the standards established by the office
of the state superintendent of public instruction or the applicant has
satisfactorily completed a traffic safety education course, conducted by a
commercial driving instruction enterprise, that meets the standards established
by the office of the superintendent of public instruction and is officially
approved by that office on an annual basis: PROVIDED, HOWEVER, That the
director may upon a showing that an applicant was unable to take or complete a
driver education course waive that requirement if the applicant shows to the
satisfaction of the department that a need exists for the applicant to operate
a motor vehicle and 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, under
rules to be promulgated by the department in concert with the supervisor of the
traffic safety education section, office of the superintendent of public
instruction. For a person under the age of eighteen years to obtain a motorcycle
endorsement, he or she must successfully complete a motorcycle safety education
course that meets the standards established by the department of licensing.
The department may waive any education requirement under this subsection for an applicant previously licensed to drive a motor vehicle or motorcycle outside this state if the applicant provides proof satisfactory to the department that he or she has had education equivalent to that required under this subsection.
Sec. 24. Section 5, chapter 155, Laws of 1969 ex. sess. as last amended by section 1, chapter 22, Laws of 1981 and RCW 46.20.118 are each amended to read as follows:
The
department shall maintain a ((negative)) photograph file. It
shall contain ((negatives of all pictures)) all photographs taken
by the department of licensing as authorized by RCW ((46.20.115)) 46.20.070
through 46.20.119. ((The negative file shall become a part of the driver
record file maintained by the department.)) Photographs or negatives
in the file shall not be available for public inspection and copying under
chapter 42.17 RCW. The department may make the file available to official
governmental enforcement agencies to assist in the investigation by the
agencies of suspected criminal activity. The department may also provide a
print to the driver's next of kin in the event the driver is deceased.
Sec. 25. Section 6, chapter 155, Laws of 1969 ex. sess. and RCW 46.20.119 are each amended to read as follows:
The rules
and regulations adopted pursuant to RCW ((46.20.115)) 46.20.070
through 46.20.119 shall be reasonable in view of the purposes to be served by
RCW ((46.20.115)) 46.20.070 through 46.20.119.
Sec. 26. 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)) 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) An
actual demonstration of ((his)) the applicant's ability to
operate a motor vehicle in such a manner as not to jeopardize the safety of
persons or property; and
(4) 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) 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)) the ability to
operate such motorcycle or motor-driven cycle in such a manner as not to
jeopardize the safety of persons or property.
Sec. 27. Section 11, chapter 121, Laws of 1965 ex. sess. as last amended by section 1, chapter 245, Laws of 1981 and RCW 46.20.161 are each amended to read as follows:
The
department, upon receipt of a fee of fourteen dollars, which includes the fee
for the required photograph, shall issue to every applicant qualifying therefor
a driver's license, which license shall bear thereon a distinguishing number
assigned to the licensee, the full name, date of birth, Washington
residence address, and a brief description of the licensee, and either a
facsimile of the signature of the licensee or a space upon which the licensee
shall write his usual signature with pen and ink immediately upon receipt of
the license. No license ((shall be)) is valid until it has been
so signed by the licensee.
Sec. 28. Section 17, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 245, Laws of 1981 and RCW 46.20.181 are each amended to read as follows:
Every
driver's license ((shall)) expires on the fourth anniversary of
the licensee's birthdate following the issuance of ((such)) the
license((: PROVIDED, That during the period July 1, 1981, through and
including June 30, 1983, the department shall implement a system of staggering
the renewal periods of currently licensed drivers so as to make approximately
one-half of such renewals for a two-year period and the other one-half for a
four-year period)). Every such license ((shall be)) is
renewable on or before its expiration upon application prescribed by the
department and the payment of a fee of fourteen dollars((, or of seven
dollars in the case of those being renewed for only two years. These fees)).
This fee includes the fee for the required photograph.
Sec. 29. Section 46.20.270, chapter 12, Laws of 1961 as last amended by section 5, chapter 14, Laws of 1982 1st ex. sess. and RCW 46.20.270 are each amended to read as follows:
(1) Whenever any person is convicted of any offense for which this title makes mandatory the suspension or revocation of the driver's license of such person by the department, the privilege of the person to operate a vehicle is suspended until the department takes the action required by this chapter, and the court in which such conviction is had shall forthwith secure the immediate forfeiture of the driver's license of such convicted person and immediately forward such driver's license to the department, and on failure of such convicted person to deliver such driver's license the judge shall cause such person to be confined for the period of such suspension or revocation or until such driver's license is delivered to such judge: PROVIDED, That if the convicted person testifies that he or she does not and at the time of the offense did not have a current and valid vehicle driver's license, the judge shall cause such person to be charged with the operation of a motor vehicle without a current and valid driver's license and on conviction punished as by law provided, and the department may not issue a driver's license to such persons during the period of suspension or revocation: PROVIDED, ALSO, That if the driver's license of such convicted person has been lost or destroyed and such convicted person makes an affidavit to that effect, sworn to before the judge, the convicted person may not be so confined, but the department may not issue or reissue a driver's license for such convicted person during the period of such suspension or revocation: PROVIDED, That perfection of notice of appeal shall stay the execution of sentence including the suspension and/or revocation of the driver's license.
(2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations within this state, shall forward to the department within ten days of a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine or penalty, a plea of guilty or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
(3) Every municipality having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, may forward to the department within ten days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, or parking, or failure to appear at a hearing to explain mitigating circumstances, an abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that three or more violations of laws governing standing, stopping, and parking have been committed and indicating the nature of the defendant's failure to act. Such violations may not have occurred while the vehicle is stolen from the registered owner or is leased or rented under a bona fide commercial vehicle lease or rental agreement between a lessor engaged in the business of leasing vehicles and a lessee who is not the vehicle's registered owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.
(4) For the
purposes of Title 46 RCW the term "conviction" means a final
conviction in a state or municipal court or by any federal authority having
jurisdiction over offenses substantially the same as those set forth in Title
46 RCW which occur on federal installations in this state, an unvacated
forfeiture of bail or collateral deposited to secure a defendant's appearance
in court, the payment of a fine, a plea of guilty, or a finding of guilt on a
traffic law violation charge, regardless of whether the imposition of sentence
((is)) or sanctions are deferred or the penalty is suspended,
but not including entry into a deferred prosecution agreement under chapter
10.05 RCW.
(5) For the purposes of Title 46 RCW the term "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.
Sec. 30. Section 24, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 407, Laws of 1985 and RCW 46.20.285 are each amended to read as follows:
The department shall forthwith revoke the license of any driver for the period of one calendar year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:
(1) For vehicular homicide the period of revocation shall be two years;
(2) Vehicular assault;
(3) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle, upon a showing by the department's records that the conviction is the second such conviction for the driver within a period of five years. Upon a showing that the conviction is the third such conviction for the driver within a period of five years, the period of revocation shall be two years;
(4) Any felony in the commission of which a motor vehicle is used;
(5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another or resulting in damage to a vehicle that is driven or attended by another;
(6) Perjury or the making of a false affidavit or statement under oath to the department under Title 46 RCW or under any other law relating to the ownership or operation of motor vehicles;
(7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years.
Sec. 31. Section 10, chapter 167, Laws of 1967 as last amended by section 9, chapter 61, Laws of 1979 and RCW 46.20.293 are each amended to read as follows:
The
department is authorized to provide juvenile courts with the department's
record of traffic charges compiled under RCW 46.52.100 and ((13.04.278))
13.50.200, against any minor upon the request of any state juvenile
court or duly authorized officer of any juvenile court of this state. Further,
the department is authorized to provide any juvenile court with any requested
service which the department can reasonably perform which is not inconsistent
with its legal authority which substantially aids juvenile courts in handling
traffic cases and which promotes highway safety.
The
department is authorized to furnish to the parent, parents, or guardian of any
person under eighteen years of age who is not emancipated from such parent,
parents, or guardian, the department records of traffic charges compiled
against ((said)) the person and shall collect for ((said))
the copy a fee of ((one)) four dollars and fifty
cents to be deposited in the highway safety fund.
Sec. 32. Section 9, chapter 148, Laws of 1988 and RCW 46.20.311 are each amended to read as follows:
(1) The
department shall not suspend a driver's license or privilege to drive a motor
vehicle on the public highways for a fixed period of more than one year, except
as permitted under RCW 46.20.342 or 46.61.515. Whenever the license or
driving privilege of any person is suspended by reason of a conviction, a
finding that a traffic infraction has been committed, pursuant to chapter 46.29
RCW, or pursuant to RCW 46.20.291, the suspension shall remain in effect ((and
the department shall not issue to the person any new, duplicate, or renewal
license)) until the person ((pays a reinstatement fee of twenty dollars
and)) gives and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. The department shall not issue
to the person a new, duplicate, or renewal license until the person pays a
reissue fee of twenty dollars. If the suspension is the result of a
violation of RCW 46.61.502 or 46.61.504, the ((reinstatement)) reissue
fee shall be fifty dollars.
(2) Any
person whose license or privilege to drive a motor vehicle on the public
highways has been revoked, unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege renewed or restored
until: (a) After the expiration of one year from the date ((on which the
revoked license was surrendered to and received by the department)) the
license or privilege to drive was revoked; (b) after the expiration of the
applicable revocation period provided by RCW 46.61.515(3) (b) or (c); (c) after
the expiration of two years for persons convicted of vehicular homicide; (d)
after the expiration of one year in cases of revocation for the first refusal
within five years to submit to a chemical test under RCW 46.20.308; (e) after
the expiration of two years in cases of revocation for the second refusal
within five years to submit to a chemical test under RCW 46.20.308; or (f)
after the expiration of the applicable revocation period provided by RCW
46.20.265. After the expiration of the appropriate period, the person may make
application for a new license as provided by law together with a ((reinstatement))
reissue fee in the amount of twenty dollars, but if the revocation is
the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the ((reinstatement))
reissue fee shall be fifty dollars. Except for a revocation under RCW
46.20.265, the department shall not then issue a new license unless it is
satisfied after investigation of the driving ability of the person that it will
be safe to grant the privilege of driving a motor vehicle on the public
highways, and until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29 RCW. For
a revocation under RCW 46.20.265, the department shall not issue a new license
unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant that person the privilege of driving a motor
vehicle on the public highways. ((A resident without a license or permit
whose license or permit was revoked under RCW 46.20.308(6) shall give and
thereafter maintain proof of financial responsibility for the future as
provided in chapter 46.29 RCW.))
(3)
Whenever the driver's license of any person is suspended pursuant to Article IV
of the nonresident violators compact or RCW 46.23.020, the ((suspension
shall remain in effect and the)) department shall not issue to the person
any new or renewal license until the person pays a ((reinstatement)) reissue
fee of twenty dollars. If the suspension is the result of a violation of the
laws of another state, province, or other jurisdiction involving (a) the
operation or physical control of a motor vehicle upon the public highways while
under the influence of intoxicating liquor or drugs, or (b) the refusal to
submit to a chemical test of the driver's blood alcohol content, the ((reinstatement))
reissue fee shall be fifty dollars.
Sec. 33. Section 33, chapter 121, Laws of 1965 ex. sess. and RCW 46.20.326 are each amended to read as follows:
Failure to
appear for a driver improvement interview at the time and place stated by the
department in its notice as provided in RCW 46.20.322 and 46.20.323 or failure
to request a driver improvement interview within ten days as provided in ((section
33 of this 1965 amendatory act shall)) RCW 46.20.325 constitutes
a waiver of a driver improvement interview, and the department may take action
without such driver improvement interview, or the department may, upon request of
the person whose privilege to drive may be affected, or at its own option,
re-open the case, take evidence, change or set aside any order theretofore
made, or grant a driver improvement interview.
Sec. 34. Section 3, chapter 148, Laws of 1980 as last amended by section 1, chapter 388, Laws of 1987 and RCW 46.20.342 are each amended to read as follows:
(1) Any person who drives a motor vehicle on any public highway of this state while that person is in a suspended or revoked status or when his or her privilege so to do is suspended or revoked in this or any other state or when his or her policy of insurance or bond, when required under this title, has been canceled or terminated, is guilty of a gross misdemeanor, except that any person who has a valid Washington driver's license is not guilty of a violation of this section. Upon the first conviction for a violation of this section, a person shall be punished by imprisonment for not less than ten days nor more than six months. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days nor more than one year. Upon the third or subsequent such conviction, the person shall be punished by imprisonment for not less than one year. There may also be imposed in connection with each such conviction a fine of not more than five hundred dollars.
(2) Except as otherwise provided in this subsection, upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section upon a charge of driving a vehicle while the license or privilege of the person is under suspension, the department shall extend the period of the suspension for an additional like period and if the conviction was upon a charge of driving while a license was revoked the department shall not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored. The department shall not so extend the period of suspension or revocation if the court recommends against the extension and:
(a) The convicted person has obtained a valid driver's license; or
(b) The department determines that the convicted person has demonstrated proof of future financial responsibility as provided for in chapter 46.29 RCW, and, if the suspension or revocation was the result of a violation of RCW 46.61.502 or 46.61.504, that the person is making satisfactory progress in any required alcoholism treatment program.
Sec. 35. Section 1, chapter 5, Laws of 1973 as last amended by section 5, chapter 407, Laws of 1985 and RCW 46.20.391 are each amended to read as follows:
(1) Any
person licensed under this chapter ((who is convicted of an offense relating
to motor vehicles for which suspension or revocation of the driver's license is
mandatory)) or any nonresident granted the privilege of driving a motor
vehicle on the highways of this state, whose driver's license or driving
privilege has been suspended or revoked, other than for vehicular
homicide ((or)), vehicular assault, or for a physical or
mental disability that would affect that person's ability to operate a motor
vehicle with safety upon the highways, may submit to the department an
application for an occupational driver's license. The department, upon receipt
of the prescribed fee and upon determining that the petitioner is engaged in an
occupation or trade that makes it essential that the petitioner operate a motor
vehicle, may issue an occupational driver's license and may set definite
restrictions as provided in RCW 46.20.394. No person may ((petition)) apply
for, and the department shall not issue, an occupational driver's license that
is effective during the first thirty days of any suspension or revocation
imposed under RCW 46.61.515. A person aggrieved by the decision of the
department on the application for an occupational driver's license may request
a hearing as provided by rule of the department.
(2) An applicant for an occupational driver's license is eligible to receive such license only if:
(a) Within
one year immediately preceding the present ((conviction)) suspension
or revocation, the applicant has not been convicted of any offense relating
to motor vehicles for which suspension or revocation of a driver's license is
mandatory; and
(b) Within
five years immediately preceding the present ((conviction)) suspension
or revocation, the applicant has not been convicted of driving or being in
actual physical control of a motor vehicle while under the influence of
intoxicating liquor under RCW 46.61.502 or 46.61.504, of vehicular homicide
under RCW 46.61.520, or of vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and
(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
Sec. 36. Section 6, chapter 1, Laws of 1969 and RCW 46.20.911 are each amended to read as follows:
If any
provision of RCW ((46.20.092,)) 46.20.308, 46.20.311, and
46.61.506 or its application to any person or circumstance is held invalid, the
remainder of RCW ((46.20.092,)) 46.20.308, 46.20.311, and
46.61.506, or the application of the provision to other persons or
circumstances is not affected.
Sec. 37. Section 11, chapter 169, Laws of 1963 as last amended by section 1, chapter 378, Laws of 1987 and RCW 46.29.110 are each amended to read as follows:
((In the
event that any)) If a person required to deposit security under this
chapter fails to deposit such security within ((thirty)) sixty
days after the department has sent the notice as hereinbefore provided, the
department shall thereupon suspend:
(1) The driver's license of each driver in any manner involved in the accident;
(2) The
driver's license of the owner of each vehicle of a type subject to registration
under the laws of this state involved in ((such)) the accident;
(3) If the
driver or owner is a nonresident, the privilege of operating within this state
a vehicle of a type subject to registration under the laws of this state((;)).
Such suspensions shall be made in respect to persons required by the department to deposit security who fail to deposit such security except as otherwise provided under succeeding sections of this chapter.
Sec. 38. Section 33, chapter 169, Laws of 1963 as last amended by section 3, chapter 44, Laws of 1969 ex. sess. and RCW 46.29.330 are each amended to read as follows:
The
department upon receipt of the certificates provided for by RCW 46.29.310, on a
form provided by the department, shall forthwith suspend the license and any
nonresident's driving privilege of any person against whom such judgment was
rendered, except as ((hereinafter)) otherwise provided in ((this
section or in other sections of)) this chapter.
((When
the certificates transmitted to the department under RCW 46.29.310 indicate
that a default judgment has been entered against the defendant but do not
indicate clearly that service of summons was on the person of the defendant,
then the department shall promptly notify the defendant by first class mail
addressed to the address in the department's records under RCW 46.20.205 (if a
nonresident, then to the comparable record in his home state) that within
twenty-five days of the mailing date, which shall be indicated on the notice,
he may request a hearing on the question of the suspension of his license or
nonresident driving privilege. If the defendant does not make a timely request
for a hearing, then the suspension shall be forthwith executed. Should a
hearing be timely requested, then the department shall convene a hearing in
conformity with chapter 34.04 RCW, as now law or hereafter amended. The
defendant's license or nonresident driving privilege shall not be suspended if
at such hearing he overcomes the following presumptions:
(a) That he
received actual and timely notice of the suit against him.
(b) That he
would have received actual and timely notice had he conformed to the provisions
of RCW 46.20.205.
(c) That he
would have received actual and timely notice had he not thwarted the attempt or
attempts to so notify him.))
Sec. 39. Section 43, chapter 169, Laws of 1963 as last amended by section 1, chapter 371, Laws of 1987 and RCW 46.29.430 are each amended to read as follows:
((In the
event that any)) If a person required to give proof of financial
responsibility under RCW 46.29.420 fails to give such proof within ((twenty))
sixty days after the department has sent notice as hereinbefore
provided, the department shall suspend, or continue in effect any existing
suspension or revocation of, the license or any nonresident's driving privilege
of ((such)) the person.
Sec. 40. Section 61, chapter 169, Laws of 1963 and RCW 46.29.610 are each amended to read as follows:
(1) Any
person whose license shall have been suspended under any provision of this
chapter, or whose policy of insurance or bond, when required under this
chapter, shall have been canceled or terminated, shall immediately return ((his))
the license to the department. ((If any person shall fail to return
to the department the license as provided herein, the department shall
forthwith direct any peace officer to secure possession thereof and to return
the same to the department.))
(2) Any
person willfully failing to return (([a])) a license as
required in ((paragraph)) subsection (1) of this section ((shall
be)) is guilty of a misdemeanor.
Sec. 41. Section 4, chapter 232, Laws of 1967 as last amended by section 732, chapter 330, Laws of 1987 and by section 1, chapter 454, Laws of 1987 and RCW 46.37.530 are each reenacted and amended to read as follows:
(1) It is unlawful:
(a) For any
person to operate a motorcycle or motor-driven cycle not equipped with mirrors
on the left and right sides of the motorcycle which shall be so located as to
give the driver a complete view of the highway for a distance of at least two
hundred feet to the rear of the motorcycle or motor-driven cycle((:
PROVIDED, That)). However, mirrors ((shall)) are not
((be)) required on any motorcycle or motor-driven cycle over twenty-five
years old originally manufactured without mirrors and which has been restored
to its original condition and which is being ridden to or from or otherwise in
conjunction with an antique or classic motorcycle contest, show, or other such
assemblage((: PROVIDED FURTHER, That)), and no mirror is
required on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;
(c) For any
person under the age of eighteen years to operate or ride upon a motorcycle or
motor-driven cycle on a state highway, county road, or city street unless
wearing upon his or her head a protective helmet of a type conforming to rules
adopted by the ((commission on equipment)) state patrol. The
helmet must be equipped with either a neck or chin strap which shall be
fastened securely while the motorcycle or motor-driven cycle is in motion;
(d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol.
(2) The
state patrol ((is hereby authorized and empowered to)) may adopt
and amend rules, pursuant to the Administrative Procedure Act,
concerning the standards and procedures for conformance of rules adopted for
glasses, goggles, face shields, and protective helmets.
Sec. 42. Section 46.56.135, chapter 12, Laws of 1961 as last amended by section 1, chapter 89, Laws of 1986 and RCW 46.61.655 are each amended to read as follows:
(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
(2) No
person may operate on any public highway any vehicle with any load unless the
load and such covering as required thereon ((be [by])) by
subsection (3) of this section is securely fastened to prevent the covering or
load from becoming loose, detached, or in any manner a hazard to other users of
the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
(4) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
(5) The ((legislative
transportation committee shall monitor the effects of subsections (2) through
(4) of this section after June 11, 1986, until January 1, 1987, to determine if
modifications to this section are necessary.
(6) The
commission on equipment)) state patrol may make necessary rules to carry into effect the
provisions of this section, applying such provisions to specific conditions and
loads and prescribing means, methods, and practices to effectuate such
provisions.
(((7)))
(6) Nothing in this section may be construed to prohibit a public
maintenance vehicle from dropping sand on a highway to enhance traction, or
sprinkling water or other substances to clean or maintain a highway.
Sec. 43. Section 2, chapter 151, Laws of 1961 and RCW 46.61.685 are each amended to read as follows:
It ((shall
be)) is unlawful for any person, while operating or in charge of a
vehicle, to park or willfully allow such vehicle to stand upon a public
highway or in a public place with its motor running, leaving a minor child or
children under the age of sixteen years unattended ((therein)) in the
vehicle.
Any person
violating the provisions of this section ((shall be)) is guilty
of a misdemeanor. Upon a second or subsequent conviction for a violation of ((the
provisions of)) this section, the ((court)) department
shall((, in addition to such fine or imprisonment as provided by law,))
revoke the operator's license of such person.
Sec. 44. Section 1, chapter 152, Laws of 1986 and RCW 46.61.688 are each amended to read as follows:
(1) For the purposes of this section, the term "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
(d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.
(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device.
(5) ((During
the period from June 11, 1986, to January 1, 1987, a person violating this
section may be issued a written warning of the violation. After January 1,
1987,)) A person violating this section shall be issued a notice of
traffic infraction under chapter 46.63 RCW. A finding that a person has
committed a traffic infraction under this section shall be contained in the
driver's abstract but shall not be available to insurance companies or
employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
(7) 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 Title 46 RCW or an equivalent local ordinance or some other offense.
(8) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
(9) The ((commission
on equipment)) state patrol may adopt rules exempting operators or
occupants of farm vehicles, construction equipment, and vehicles that are
required to make frequent stops from the requirement of wearing safety belts.
Sec. 45. Section 3, chapter 186, Laws of 1986 as amended by section 2, chapter 181, Laws of 1987, section 55, chapter 244, Laws of 1987, section 6, chapter 247, Laws of 1987, and by section 11, chapter 388, Laws of 1987 and RCW 46.63.020 are each reenacted and amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) ((RCW
46.16.160 relating to vehicle trip permits;
(8))) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;
(10) RCW 46.20.021 relating to driving without a valid driver's license;
(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;
(14) ((RCW
46.20.416 relating to driving while in a suspended or revoked status;
(15))) RCW 46.20.420 relating to the operation of a motor
vehicle with a suspended or revoked license;
(((16)))
(15) RCW 46.20.750 relating to assisting another person to start a
vehicle equipped with an ignition interlock device;
(((17)))
(16) Chapter 46.29 RCW relating to financial responsibility;
(((18)))
(17) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(((19)))
(18) RCW 46.48.175 relating to the transportation of dangerous
articles;
(((20)))
(19) RCW 46.52.010 relating to duty on striking an unattended car or
other property;
(((21)))
(20) RCW 46.52.020 relating to duty in case of injury to or death of a
person or damage to an attended vehicle;
(((22)))
(21) RCW 46.52.090 relating to reports by repairmen, storagemen, and
appraisers;
(((23)))
(22) RCW 46.52.100 relating to driving under the influence of liquor or
drugs;
(((24)))
(23) RCW 46.52.130 relating to confidentiality of the driving record to
be furnished to an insurance company, an employer, and an alcohol/drug
assessment or treatment agency;
(((25)))
(24) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(((26)))
(25) RCW 46.61.015 relating to obedience to police officers, flagmen,
or fire fighters;
(((27)))
(26) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(((28)))
(27) RCW 46.61.022 relating to failure to stop and give identification
to an officer;
(((29)))
(28) RCW 46.61.024 relating to attempting to elude pursuing police
vehicles;
(((30)))
(29) RCW 46.61.500 relating to reckless driving;
(((31)))
(30) RCW 46.61.502 and 46.61.504 relating to persons under the
influence of intoxicating liquor or drugs;
(((32)))
(31) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(((33)))
(32) RCW 46.61.522 relating to vehicular assault;
(((34)))
(33) RCW 46.61.525 relating to negligent driving;
(((35)))
(34) RCW 46.61.530 relating to racing of vehicles on highways;
(((36)))
(35) RCW 46.61.685 relating to leaving children in an unattended
vehicle with the motor running;
(((37)))
(36) RCW 46.64.010 relating to unlawful cancellation of or attempt to
cancel a traffic citation;
(((38)))
(37) RCW 46.64.020 relating to nonappearance after a written promise;
(((39)))
(38) RCW 46.64.048 relating to attempting, aiding, abetting, coercing,
and committing crimes;
(((40)))
(39) Chapter 46.65 RCW relating to habitual traffic offenders;
(((41)))
(40) Chapter 46.70 RCW relating to unfair motor vehicle business
practices, except where that chapter provides for the assessment of monetary
penalties of a civil nature;
(((42)))
(41) Chapter 46.72 RCW relating to the transportation of passengers in
for hire vehicles;
(((43)))
(42) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((44)))
(43) Chapter 46.82 RCW relating to driver's training schools;
(((45)))
(44) RCW 46.87.260 relating to alteration or forgery of a cab card,
letter of authority, or other temporary authority issued under chapter 46.87
RCW;
(((46)))
(45) RCW 46.87.290 relating to operation of an unregistered or
unlicensed vehicle under chapter 46.87 RCW.
Sec. 46. Section 46.56.210, chapter 12, Laws of 1961 and RCW 46.64.048 are each amended to read as follows:
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a traffic infraction or a crime, whether individually or in connection with one or more other persons or as principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or wilfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense.
Sec. 47. Section 9, chapter 284, Laws of 1971 ex. sess. as amended by section 4, chapter 62, Laws of 1979 and RCW 46.65.070 are each amended to read as follows:
No license
to operate motor vehicles in Washington shall be issued to an habitual offender
(1) for a period of five years from the date of the license revocation except
as provided in RCW 46.65.080, and (2) until the privilege of such person to
operate a motor vehicle in this state has been restored by the department of
licensing as ((hereinafter)) provided in this chapter ((provided)).
Sec. 48. Section 11, chapter 284, Laws of 1971 ex. sess. as last amended by section 8, chapter 302, Laws of 1985 and RCW 46.65.090 are each amended to read as follows:
(1) It is unlawful for any person to operate a motor vehicle in this state while the order of revocation remains in effect. Any person found to be an habitual offender under the provisions of this chapter who is convicted of operating a motor vehicle in this state while the order of revocation prohibiting such operation is in effect is guilty of a gross misdemeanor. First, second, third, and subsequent violations of this subsection shall be punished in the same way as violations of RCW 46.20.342(1), except that the minimum sentence of confinement required shall not be suspended or deferred.
(2) Any person convicted for a first violation of subsection (1) of this section who is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, shall be punished in the same way as provided in RCW 46.20.342(1) except that the minimum sentence of confinement shall be not less than thirty days and shall not be suspended or deferred.
(3) Upon receiving a record of conviction of a person under this section, the department shall extend the revocation of the person's driver's license or driving privilege as provided in RCW 46.20.342(2).
Sec. 49. Section 6, chapter 241, Laws of 1986 and RCW 46.70.029 are each amended to read as follows:
Listing
dealers shall transact dealer business by obtaining a ((consignment)) listing
agreement for sale, and the buyer's purchase of the mobile home shall be
handled as dealer inventory. All funds from the purchaser shall be placed in a
trust account until the sale is completed, except that the dealer shall pay any
outstanding liens against the mobile home from these funds. Where title has
been delivered to the purchaser, the listing dealer shall pay the amount due a
seller within ten days after the sale of a listed mobile home. A complete
account of all funds received and disbursed shall be given to the seller or
consignor after the sale is completed. The sale of listed mobile homes
imposes the same duty under RCW 46.12.120 on the listing dealer as any other
sale.
Sec. 50. Section 6, chapter 74, Laws of 1967 ex. sess. as last amended by section 8, chapter 241, Laws of 1986 and RCW 46.70.041 are each amended to read as follows:
(1) Every application for a vehicle dealer license shall contain the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the applicant's identity, including but not limited to his fingerprints, the honesty, truthfulness, and good reputation of the applicant for the license, or of the officers of a corporation making the application;
(b) The applicant's form and place of organization including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner, officer, or director has ever been adjudged bankrupt or has any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime which directly relates to the business for which the license is sought and the time elapsed since the conviction is less than ten years, or has suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle dealer wishes to sell;
(h) The names and addresses of each manufacturer from whom the applicant has received a franchise;
(i) Whether the applicant intends to sell used vehicles, and if so, whether he has space available for servicing and repairs;
(j) A
certificate by ((the chief of police or his deputy, or a member of the
Washington state patrol or)) a representative of the department, that the
applicant's principal place of business and each subagency business location in
the state of Washington meets the location requirements as required by this
chapter. The certificate shall include proof of the applicant's ownership or
lease of the real property where the applicant's principal place of business is
established((. In no event may the certificate be issued by a member of the
Washington state patrol if the dealership is located in a city which has a
population in excess of five thousand persons));
(k) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring the applicant, upon demand of any customer receiving a new vehicle warranty to perform or arrange for, within a reasonable distance of his established place of business, the service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange, to offer, to auction, to solicit, or to advertise new or current-model vehicles with factory or distributor warranties;
(l) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising, and which classification or classifications the dealer wishes to be designated as;
(m) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of the Washington state representative of the applicant;
(b) The name or names under which the applicant will do business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee manufactures;
(e) The name or names and address or addresses of each and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to vehicles located in the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured, unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require.
Sec. 51. Section 13, chapter 74, Laws of 1967 ex. sess. as last amended by section 10, chapter 241, Laws of 1986 and RCW 46.70.061 are each amended to read as follows:
(1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Five hundred dollars;
(b) Vehicle dealers, each subagency: Fifty dollars; temporary subagency: Twenty-five dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Two hundred fifty dollars;
(b) Vehicle dealer, each and every subagency: Twenty-five dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.
(3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.
(4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for vehicle license plates exclusive of excise tax, except those specified in RCW 82.44.030, and gross weight and tonnage fees.
(5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.
(6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.
Sec. 52. Section 10, chapter 74, Laws of 1967 ex. sess. as last amended by section 12, chapter 241, Laws of 1986 and RCW 46.70.083 are each amended to read as follows:
The license of a vehicle dealer or a vehicle manufacturer expires on the date assigned by the director, and may be renewed by filing with the department prior to the expiration thereof an application containing such information as the department may require to indicate any material change in the information contained in the original application.
Before
renewal, the dealer's established place of business shall be certified by a
representative of the department((, the chief of police or his deputy, or a
member of the Washington state patrol)). The certification shall verify
compliance with the requirements of this chapter for an established place of
business. Failure by the dealer to comply is grounds for denial of the renewal
application.
Sec. 53. Section 2, chapter 109, Laws of 1985 and RCW 46.70.085 are each amended to read as follows:
Notwithstanding
any provision of law to the contrary, the director may extend or diminish
licensing periods of dealers((,)) and manufacturers((, and
salespersons)) for the purpose of staggering renewal periods. The
extension or diminishment shall be by rule of the department adopted in
accordance with chapter ((34.04)) 34.05 RCW.
Sec. 54. Section 46.76.040, chapter 12, Laws of 1961 and RCW 46.76.040 are each amended to read as follows:
The fee for
an original transporter's license ((shall be)) is twenty-five
dollars. Transporter license number plates bearing an appropriate symbol and
serial number shall be attached to all vehicles being delivered in the conduct
of the business licensed under ((the provisions hereof. Such)) this
chapter. The plates may be obtained for a fee of two dollars for each
set. ((New plates must be procured with each annual renewal.))
Sec. 55. Section 1, chapter 110, Laws of 1971 ex. sess. as last amended by section 2, chapter 142, Laws of 1983 and RCW 46.79.010 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
(1) (("Abandoned
vehicle" means any vehicle left within the limits of any highway or upon
the property of another without the consent of the owner of such property for a
period of twenty-four hours or longer, except that a vehicle shall not be
considered abandoned if its owner or operator is unable to remove it from the
place where it is located and so notifies law enforcement officials and
requests assistance.
(2)
"Abandoned automobile hulk" means the abandoned remnant, major
component part, or remains of a motor vehicle which is inoperative and cannot
be made mechanically operative without the addition of parts or mechanisms and
the application of a substantial amount of labor to effect repairs.
(3))) "Junk vehicle" means a motor vehicle
certified under RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of the scrap in it.
(2) "Scrap processor" means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.
(((4)))
(3) "Demolish" means to destroy completely by use of a
hydraulic baler and shears, or a shredder.
(((5)))
(4) "Hulk hauler" means any person who deals in vehicles for
the sole purpose of transporting and/or selling them to a licensed motor
vehicle wrecker or scrap processor in substantially the same form in which they
are obtained. A hulk hauler may not sell second-hand motor vehicle parts to
anyone other than a licensed vehicle wrecker or scrap processor, except for
those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter
amended, which may be sold to a licensed motor vehicle wrecker or disposed of
at a public facility for waste disposal.
(((6)))
(5) "Director" means the director of licensing.
(((7)))
(6) "Major component parts" include engines and short blocks,
frames, transmissions or transfer cases, cabs, doors, front or rear
differentials, front or rear clips, quarter panels or fenders, bumpers, truck
beds or boxes, seats, and hoods.
Sec. 56. Section 2, chapter 110, Laws of 1971 ex. sess. as last amended by section 1, chapter 62, Laws of 1987 and RCW 46.79.020 are each amended to read as follows:
Any hulk hauler or scrap processor licensed under the provisions of this chapter may:
(1)
Notwithstanding any other provision of law, transport any flattened or junk ((abandoned))
vehicle ((hulk)) whether such ((hulk)) vehicle is from in
state or out of state, to a scrap processor upon obtaining the certificate of
title or release of interest from the owner or an affidavit of sale from the
landowner who has complied with RCW 46.55.230. The scrap processor shall
forward such document(s) to the department, together with a monthly report of
all vehicles acquired from other than a licensed automobile wrecker, and no
further identification shall be necessary.
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker only by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted by a scrap processor or wrecker. Such parts may be removed only at a properly zoned location, and all preparation activity, vehicles, and vehicle parts shall be obscured from public view. Storage is limited to two vehicles or the parts thereof which are authorized by this subsection, and any such storage may take place only at a properly zoned location. Any vehicle parts removed under the authority of this subsection shall be lawfully disposed of at or through a public facility or service for waste disposal or by sale to a licensed motor vehicle wrecker.
Sec. 57. Section 7, chapter 110, Laws of 1971 ex. sess. as amended by section 5, chapter 142, Laws of 1983 and RCW 46.79.070 are each amended to read as follows:
The
director may by order pursuant to the provisions of chapter ((34.04)) 34.05
RCW, deny, suspend, or revoke the license of any hulk hauler or scrap processor
or, in lieu thereof or in addition thereto, may by order assess monetary
penalties of a civil nature not to exceed five hundred dollars per violation,
whenever the director finds that the applicant or licensee:
(1) Removed
a vehicle or vehicle major component part from property without obtaining both
the written permission of the property owner and documentation approved by the
department for acquiring vehicles, ((abandoned vehicle hulks)) junk
vehicles, or major component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or major component part thereof when he or she knew that such vehicle or part had been stolen or appropriated without the consent of the owner;
(3) Sold, bought, received, concealed, had in his or her possession, or disposed of a vehicle or major component part thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition, disposition, registration, titling, or licensing of a vehicle pursuant to Title 46 RCW;
(5) Committed any dishonest act or omission which has caused loss or serious inconvenience as a result of the acquisition or disposition of a vehicle or any major component part thereof;
(6) Failed to comply with any of the provisions of this chapter or other applicable law relating to registration and certificates of title of vehicles and any other document releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or vehicles and failed to take all remnants and debris from those vehicles from that area unless requested not to do so by the person authorizing the removal;
(8) Removed parts from a vehicle at other than an approved location or removed or sold parts or vehicles beyond the scope authorized by this chapter or any rule adopted hereunder;
(9) Been adjudged guilty of a crime which directly relates to the business of a hulk hauler or scrap processor and the time elapsed since the adjudication is less than five years. For the purposes of this section adjudged guilty means, in addition to a final conviction in either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the imposition of sentence is deferred or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid.
Sec. 58. Section 46.80.030, chapter 12, Laws of 1961 as last amended by section 193, chapter 158, Laws of 1979 and RCW 46.80.030 are each amended to read as follows:
Application for a motor vehicle wrecker's license or renewal of a vehicle wrecker's license shall be made on a form for this purpose, furnished by the department of licensing, and shall be signed by the motor vehicle wrecker or his authorized agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or town having a population of over five thousand persons and in all other instances a member of the Washington state patrol certifying that:
(a) The applicant has an established place of business at the address shown on the application, and;
(b) In the
case of a renewal of a vehicle wrecker's license, the applicant ((has been
complying with the provisions of)) is in compliance with this
chapter((, as now or hereafter amended,)) and the provisions of Title 46
RCW, relating to registration and certificates of title: PROVIDED, That the
above certifications in any instance can be made by an authorized
representative of the department of licensing;
(4) Any other information that the department may require.
Sec. 59. Section 14, chapter 51, Laws of 1979 ex. sess. and RCW 46.82.410 are each amended to read as follows:
All moneys
collected from driver training school licenses and instructor licenses shall be
deposited in the ((general)) highway safety fund.
Sec. 60. Section 1, chapter 19, Laws of 1985 as last amended by section 1, chapter 24, Laws of 1988 and RCW 46.90.300 are each amended to read as follows:
The
following sections of the Revised Code of Washington as now or hereafter
amended are hereby adopted by reference as a part of this chapter in all
respects as though such sections were set forth herein in full: RCW 46.12.070,
46.12.080, 46.12.101, 46.12.102, 46.12.260, 46.12.300, 46.12.310, 46.12.320,
46.12.330, 46.12.340, 46.12.350, 46.12.380, 46.16.010, 46.16.011, 46.16.025,
46.16.028, 46.16.030, 46.16.088, 46.16.135, 46.16.140, 46.16.145, 46.16.170,
46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.381, 46.16.390, 46.16.500,
46.16.505, 46.16.710, 46.20.021, 46.20.022, 46.20.025, 46.20.027, 46.20.031,
46.20.041, 46.20.045, 46.20.190, 46.20.220, 46.20.308, 46.20.336, 46.20.342,
46.20.343, 46.20.344, 46.20.391, 46.20.394, 46.20.410, ((46.20.416,))
46.20.420, 46.20.430, 46.20.435, 46.20.440, 46.20.500, 46.20.510, 46.20.550, ((46.20.599,))
46.20.750, 46.29.605, ((46.29.625,)) 46.32.060, 46.32.070, 46.37.010,
46.37.020, 46.37.030, 46.37.040,!se 46.37.050, 46.37.060, 46.37.070, 46.37.080,
46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150,
46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187,
46.37.188, 46.37.190, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220,
46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300,
46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375,
46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.425, 46.37.430,
46.37.440, 46.37.450, 46.37.460, 46.37.465, 46.37.467, 46.37.480, 46.37.490,
46.37.500,!se 46.37.510, 46.37.513, 46.37.517, 46.37.520, 46.37.522, 46.37.523,
46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535,
46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590,
46.37.600, 46.37.610, 46.44.010, 46.44.020, 46.44.030, 46.44.034, 46.44.036,
46.44.037, 46.44.041, 46.44.042, 46.44.047, 46.44.050, 46.44.060, 46.44.070,
46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.100,
46.44.120,!se 46.44.130, 46.44.140, 46.44.170, 46.44.173, 46.44.175, 46.44.180,
46.48.170, 46.52.010, 46.52.020, 46.52.030, 46.52.040, 46.52.070, 46.52.080,
46.52.088, 46.52.090, 46.52.100, 46.65.090, 46.79.120, and 46.80.010.
NEW SECTION. Sec. 61. The following acts or parts of acts are each repealed:
(1) Section 19, chapter 121, Laws of 1965 ex. sess., section 55, chapter 136, Laws of 1979 ex. sess. and RCW 46.20.171;
(2) Section 3, chapter 29, Laws of 1975-'76 2nd ex. sess., section 4, chapter 302, Laws of 1985 and RCW 46.20.416;
(3) Section 4, chapter 29, Laws of 1975-'76 2nd ex. sess. and RCW 46.20.418;
(4) Section 2, chapter 219, Laws of 1984, section 2, chapter 352, Laws of 1985 and RCW 46.20.599; and
(5) Section 21, chapter 281, Laws of 1969 ex. sess. and RCW 46.29.625.