SB 6189 — Changing driving a motor vehicle with a suspended or revoked driver's license provisions.

S-5201.4SECONDS-3483.1SENATE SUBSTITUTE SENATE BILL 6189State of Washington65th Legislature2018 Regular SessionBy Senate Transportation (originally sponsored by Senators Fain, Frockt, Pedersen, Palumbo, Hasegawa, Darneille, Rivers, Mullet, and Saldaña)READSaldañaRead FIRSTfirst TIMEtime 02/22/18.AN01/10/18. ACT Relating to driving a motor vehicle with a suspended or revoked driver's license;

amendingReferred RCWto 46.20.289,Committee 46.20.291,on 46.20.341,Law 46.20.342,& 10.37.015,Justice.AN 46.20.005,ACT 46.20.391,Relating 46.55.113,to 46.63.020,driving 46.63.110,a 46.63.110,motor 46.64.025,vehicle andwith 2.68.040;a suspended or revoked driver's license;

amending RCW 46.20.342, 10.37.015, 10.37.015, 46.20.005, 46.20.341, 46.20.341, 46.55.113, 46.55.120, and 46.63.020;

adding a new section to chapter 46.68 RCW;

adding a new section to chapter 46.20 RCW;

creating a new section;

repealing RCW 46.20.2891;

and providing an effective dates.BEdate; IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 46.20.289 and 2016 c 203 s 6 are each amended to read as follows:(1) The department shall suspend all driving privileges of a person:

(a)and Whenproviding thean departmentexpiration receivesdate.BE noticeIT fromENACTED aBY courtTHE underLEGISLATURE RCWOF ((46.63.070(6),THE 46.63.110(6),STATE or))OF 46.64.025WASHINGTON:Sec. 1.  RCW that46.20.342 theand person2015 hasc ((failed149 tos respond1 toare aeach noticeamended of traffic infraction for a moving violation, failed to appearread atas afollows:(1) requestedIt hearingis unlawful for aany movingperson violation,to violateddrive a writtenmotor promisevehicle to appear in courtthis forstate awhile noticethat ofperson infractionis forin a movingsuspended violation, or has))revoked failedstatus toor complywhen withhis theor termsher ofprivilege ato ((noticedrive ofis trafficsuspended infraction,)) criminal complaint((,)) or criminalrevoked citationin ((forthis aor movingany violation,));other state.

or (b) when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005.(2) A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311.

((In the case of failure to respond to a traffic infraction issued under RCW 46.55.105, the department shall suspend all driving privileges until the person provides evidence from the court that all penalties and restitution have been paid.))(3) A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case has been adjudicated.Sec. 2.  RCW 46.20.291 and 2016 c 203 s 5 are each amended to read as follows:The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3);(5) Has ((failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has)) failed to comply with the terms of a ((notice of traffic infraction,)) criminal complaint((,)) or criminal citation, as provided in RCW 46.20.289;(6) Is subject to suspension under RCW 46.20.305 or 9A.56.078;(7) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921;

or(8) Has been certified by the department of social and health services as a person who is not in compliance with a child support order or a residential or visitation order as provided in RCW 74.20A.320.Sec. 3.  RCW 46.20.341 and 2009 c 490 s 1 are each amended to read as follows:(1)(a) A person who violates RCW 46.20.342(1) (c)(((iv))) or (d) in a jurisdiction that does not have a relicensing ((diversion)) program shall be provided with an abstract of his or her driving record by the court or the prosecuting attorney, in addition to a list of his or her unpaid traffic offense related fines and the contact information for each jurisdiction or collection agency to which money is owed.(b) A fee of up to twenty dollars may be imposed by the court in addition to any fee required by the department for provision of the driving abstract.(2)(a) Superior courts or courts of limited jurisdiction in counties or cities are authorized to participate or provide relicensing ((diversion)) programs to persons who violate RCW 46.20.342(1) (c)(((iv))) or (d).(b) Eligibility for the relicensing ((diversion)) program shall be limited to violators with no more than four convictions or infractions under RCW 46.20.342(1) (c)(((iv))) or (d) in the ten years preceding the date of entering the relicensing ((diversion)) program, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court.

People subject to arrest under a warrant are not eligible for the ((diversion)) relicensing program.(c) ((The diversion option)) Participation in a relicensing program may be offered at the discretion of the prosecuting attorney before charges are filed, or by the court after charges are filed.(d) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation of RCW 46.20.342(1) (c)(((iv))) or (d) may not participate in the ((diversion)) relicensing program under this section.(e) A relicensing ((diversion)) program that is structured to occur after charges are filed may charge participants a one-time fee of up to one hundred dollars, which is not subject to chapters 3.50, 3.62, and 35.20 RCW, and shall be used to support administration of the program.

The fee of up to one hundred dollars shall be included in the total to be paid by the participant in the relicensing ((diversion)) program.(3) A relicensing ((diversion)) program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.(4)(a) Counties and cities that operate relicensing ((diversion)) programs shall, subject to available funds, provide information to the administrative office of the courts on an annual basis regarding the eligibility criteria used for the program, the number of referrals from law enforcement, the number of participants accepted into the program, the number of participants who regain their driver's license and insurance, the total amount of fines collected, the costs associated with the program, and other information as determined by the office.(b) The administrative office of the courts is directed, subject to available funds, to compile and analyze the data required to be submitted in this section and develop recommendations for a best practices model for relicensing ((diversion)) programs.Sec. 4.  RCW 46.20.342 and 2015 c 149 s 1 are each amended to read as follows:(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state.

or(xx) A finding that a person has committed a traffic infraction under RCW 46.61.526 and suspension of driving privileges pursuant to RCW 46.61.526 (4)(b) or (7)(a)(ii).(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to ((respondrespond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to))to comply with the terms of a notice of ((traffictraffic infraction))infraction a criminal complaint or criminal citation, as provided in RCW 46.20.289(1)(a),46.20.289, (v) ((thethe person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or (viii)))(viii) the person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320, or (vi) the person has driven while his or her driver's license was suspended or revoked for any combination of the(c)(i) reasonsthrough listed(viii) in (d) of this subsectionsubsection, when((is theguilty personof)) has committed driving while license suspended or revoked in the fourththird degreedegree, foura or((misdemeanor)) moretraffic timesinfraction insubject theto pasta fourpenalty years, or any combination of (c)(i)two throughhundred (((viii)))fifty (vi)dollars. of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

((For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.))(d) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation as provided in RCW 46.20.289(1)(b);

(ii) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license;

(iii) the person has been suspended or revoked by reason of one or more of the items listed in (b) or (c) of this subsection or for failure to respond to a notice of traffic infraction, failure to appear at a requested hearing for a noncriminal moving violation, or violation of a written promise to appear in court for a notice of infraction, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation;

or (iv) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (d)(i) through (iv) of this subsection, has committed driving while license suspended or revoked in the fourth degree, a traffic infraction subject to a penalty of two hundred fifty dollars.

or(c) Not extend the period of suspension or revocation ((if the conviction was)) for an infraction under subsection (1)(((c)))(1)(c) (d) of this section.

((If the)) For a conviction ((was)) under subsection (1)(a),(1)(a) ((or)) (b), or (c)(b) of this section ((and)), if the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.Sec. 5.  RCWextended.Sec. 2.  RCW 10.31.100 and 2017 c 336 s 3 and 2017 c 223 s 1 are each reenacted and amended to read as follows:A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant.

and (C) the history of domestic violence of each person involved, including whether the conduct was part of an ongoing pattern of abuse.(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;(e) RCW 46.61.503 or 46.25.110, relating to persons having alcohol or THC in their system;(f) RCW 46.20.342(1)46.20.342 (a),(1)(a) (b), or (c),(b), relating to driving a motor vehicle while operator's license is suspended or revoked;(g) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.(5)(a) A law enforcement officer investigating at the scene of a motor vessel accident may arrest the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a criminal violation of chapter 79A.60 RCW.(b) A law enforcement officer investigating at the scene of a motor vessel accident may issue a citation for an infraction to the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a violation of any boating safety law of chapter 79A.60 RCW.(6) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person.(7) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction.

or (ii) has knowledge, based on a review of the information available to the officer at the time of arrest, that the person is charged with or is awaiting arraignment for an offense that would qualify as a prior offense as defined in RCW 46.61.5055 if it were a conviction.(b) A police officer is not required to keep in custody a person under (a) of this subsection if the person requires immediate medical attention and is admitted to a hospital.Sec. 6.  RCWhospital.Sec. 3.  RCW 10.37.015 and 2011 c 46 s 1 are each amended to read as follows:(1) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court martial, except as provided in subsection (2) of this section.(2) Violations of RCW 46.20.342(1)(c)(iv) that occur prior to the effective date of this section may be required by the prosecuting attorney to be referred to his or her office for consideration of filing an information or for entry into a precharge diversion program.Sec. 4.  RCW 10.37.015 and 2011 c 46 s 1 are each amended to read as follows:(((1))) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court martial((, except as provided in subsection (2) of this section.(2) Violations of RCW 46.20.342(1)(c)(iv) may be required by the prosecuting attorney to be referred to his or her office for consideration of filing an information or for entry into a precharge diversion program)).Sec. 7.  RCWprogram)).Sec. 5.  RCW 46.20.005 and 1997 c 66 s 1 are each amended to read as follows:Except as expressly exempted by this chapter, it is a misdemeanor for a person to drive any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter.

A violation of this section is a lesser included offense within the offenses described in RCW 46.20.342(1) ((or 46.20.420)) (a),(a) (b), and (c)(b) and 46.20.345.Sec. 8.  RCW46.20.345.Sec. 6.  RCW 46.20.39146.20.341 and 20122009 c 82490 s 21 are each amended to read as follows:(1)follows:(1)(a) AnyA person licensedwho underviolates thisRCW chapter46.20.342(1)(c)(iv) whoin isa convictedjurisdiction ofthat does not have a relicensing ((diversion)) program shall be provided with an offenseabstract relatingof his or her driving record by the court or the prosecuting attorney, in addition to motora vehicleslist of his or her unpaid traffic offense related fines and the contact information for whicheach suspensionjurisdiction or revocationcollection agency to which money is owed.(b) A fee of up to twenty dollars may be imposed by the driver'scourt licensein isaddition mandatory,to otherany thanfee vehicularrequired homicide,by vehicularthe assault,department drivingfor whileprovision underof the influencedriving abstract.(2)(a) Superior courts or courts of intoxicatinglimited liquorjurisdiction in counties or anycities drug,are authorized to participate or beingprovide inrelicensing actual((diversion)) physicalprograms controlto ofpersons awho motorviolate vehicleRCW while46.20.342(1)(c)(iv).(b) underEligibility for the influencerelicensing of((diversion)) intoxicatingprogram liquorshall be limited to violators with no more than four convictions or anyinfractions drug,under mayRCW submit46.20.342(1)(c)(iv) toin the departmentten anyears applicationpreceding forthe date of entering the relicensing ((diversion)) program, subject to a temporaryless restrictedrestrictive driver'srule license.imposed by the presiding judge of the county district court or municipal court.

ThePeople department,subject uponto receiptarrest ofunder a warrant are not eligible for the prescribed((diversion)) feerelicensing andprogram.(c) upon((The determiningdiversion option)) (i) For violations that occurred prior to the petitionereffective isdate eligibleof tothis receivesection, theparticipation license,in a relicensing program may issuebe aoffered temporaryat restrictedthe driver'sdiscretion licenseof andthe mayprosecuting setattorney definitebefore restrictionscharges asare providedfiled, inor RCWby 46.20.394.(2)(a)the Acourt personafter licensedcharges underare filed.(ii) For violations that occurred on or after the effective date of this chaptersection, whoseparticipation driver'sin licensea relicensing program may be offered at the discretion of the court.(d) A person who is suspendedthe administrativelyholder dueof toa failurecommercial todriver's ((appearlicense or paywho was operating a trafficcommercial ticket))motor complyvehicle withat the termstime of athe noticeviolation of aRCW criminal46.20.342(1)(c)(iv) complaintmay ornot criminalparticipate citationin the ((diversion)) relicensing program under RCWthis 46.20.289;section.(e) A relicensing ((diversion)) program that is structured to occur after charges are filed may charge participants a one-time fee of up to one hundred dollars, which is not subject to chapters 3.50, 3.62, and 35.20 RCW, and shall be used to support administration of the program.

The fee of up to one hundred dollars shall be included in the total to be paid by the participant in the relicensing ((diversion)) program.(3) A relicensing ((diversion)) program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.(4)(a) Counties and cities that operate relicensing ((diversion)) programs shall, subject to available funds, provide information to the administrative office of the courts on an annual basis regarding the eligibility criteria used for the program, the number of referrals from law enforcement, the number of participants accepted into the program, the number of participants who regain their driver's license and insurance, the total amount of fines collected, the costs associated with the program, and other information as determined by the office.(b) The administrative office of the courts is directed, subject to available funds, to compile and analyze the data required to be submitted in this section and develop recommendations for a violationbest practices model for relicensing ((diversion)) programs.Sec. 7.  RCW 46.20.341 and 2009 c 490 s 1 are each amended to read as follows:(1)(a) A person who violates RCW 46.20.342(1)(c)(iv) in a jurisdiction that does not have a relicensing ((diversion)) program shall be provided with an abstract of his or her driving record by the financialcourt responsibility((or lawsthe prosecuting attorney)), in addition to a list of his or her unpaid traffic offense related fines and the contact information for each jurisdiction or collection agency to which money is owed.(b) A fee of up to twenty dollars may be imposed by the court in addition to any fee required by the department for provision of the driving abstract.(2)(a) Superior courts or courts of limited jurisdiction in counties or cities are authorized to participate or provide relicensing ((diversion)) programs to persons who violate RCW 46.20.342(1)(c)(iv).(b) Eligibility for the relicensing ((diversion)) program shall be limited to violators with no more than four convictions or infractions under chapterRCW 46.2946.20.342(1)(c)(iv) RCW;in the ten years preceding the date of entering the relicensing ((diversion)) program, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court.

orPeople forsubject multipleto violationsarrest withinunder a specifiedwarrant periodare ofnot timeeligible underfor RCWthe 46.20.291,((diversion)) relicensing program.(c) ((The diversion option may applybe tooffered at the departmentdiscretion forof anthe occupationalprosecuting driver'sattorney license.(b)before Ancharges occupationalare driver'sfiled, licenseor issuedby tothe ancourt applicantafter describedcharges inare (a)filed.)) ofParticipation thisin subsectiona shallrelicensing program may be validoffered forat the perioddiscretion of the suspensioncourt.(d) orA revocation.(3)person Anwho applicantis forthe anholder occupationalof ora temporarycommercial restricted driver's license or who qualifieswas underoperating subsectiona (1)commercial ormotor (2)vehicle at the time of thisthe sectionviolation isof eligibleRCW to46.20.342(1)(c)(iv) receivemay suchnot licenseparticipate onlyin if:(a)the Within((diversion)) sevenrelicensing yearsprogram immediatelyunder precedingthis thesection.(e) dateA ofrelicensing the((diversion)) offenseprogram that((that gaveis risestructured to theoccur presentafter convictioncharges orare incident,filed)) themay applicantcharge hasparticipants a one-time fee of up to one hundred dollars, which is not committedsubject vehicularto homicidechapters under3.50, RCW3.62, 46.61.520and or35.20 vehicularRCW, assaultand undershall RCWbe 46.61.522;used to support administration of the program.

and(b) The applicantfee demonstratesof up to one hundred dollars shall be included in the total to be paid by the participant in the relicensing ((diversion)) program.(3) A relicensing ((diversion)) program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.(4)(a) Counties and cities that itoperate isrelicensing necessary((diversion)) programs shall, subject to available funds, provide information to the administrative office of the courts on an annual basis regarding the eligibility criteria used for himthe orprogram, herthe number of referrals from law enforcement, the number of participants accepted into the program, the number of participants who regain their driver's license and insurance, the total amount of fines collected, the costs associated with the program, and other information as determined by the office.(b) The administrative office of the courts is directed, subject to operateavailable funds, to compile and analyze the data required to be submitted in this section and develop recommendations for a motorbest practices model for relicensing ((diversion)) programs.Sec. 8.  RCW 46.55.113 and 2011 c 167 s 6 are each amended to read as follows:(1) Whenever the driver of a vehicle becauseis hearrested for a violation of RCW 46.20.342(1) (a) or she:(i)(b) Isor engaged46.20.345, inthe vehicle is subject to summary impoundment, pursuant to the terms and conditions of an occupationapplicable local ordinance or tradestate thatagency makesrule itat essentialthe thatdirection heof ora shelaw operateenforcement officer.(2) In addition, a motorpolice vehicle;(ii)officer Ismay undergoingtake continuingcustody healthof carea vehicle, at his or providingher continuingdiscretion, careand provide for its prompt removal to anothera whoplace isof dependentsafety uponunder any of the applicant;(iii)following Iscircumstances:(a) enrolledWhenever a police officer finds a vehicle standing upon the roadway in anviolation educationalof institutionany andof pursuingthe aprovisions courseof RCW 46.61.560, the officer may provide for the removal of studythe leadingvehicle toor arequire diploma,the degree,driver or other certificationperson in charge of successfulthe educationalvehicle completion;(iv)to Ismove undergoingthe substancevehicle abuseto treatmenta position off the roadway;(b) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or isjeopardizes participatingpublic insafety;(c) meetingsWhenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a twelve-stepvehicle groupinvolved suchin asan Alcoholicsaccident Anonymousis thatphysically requiresor thementally petitionerincapable of deciding upon steps to drivebe taken to protect his or fromher property;(d) Whenever the treatmentdriver orof meetings;(v)a Isvehicle fulfillingis court-orderedarrested communityand servicetaken responsibilities;(vi)into Iscustody inby a programpolice officer;(e) Whenever a police officer discovers a vehicle that assiststhe personsofficer whodetermines areto enrolledbe ina stolen vehicle;(f) Whenever a WorkFirstvehicle programwithout pursuanta special license plate, placard, or decal indicating that the vehicle is being used to chaptertransport 74.08Aa person with disabilities under RCW to46.19.010 becomeis gainfullyparked employedin a stall or space clearly and theconspicuously programmarked requiresunder RCW 46.61.581 which space is provided on private property without charge or on public property;(g) Upon determining that a person is operating a motor vehicle without a valid and, if required, a specially endorsed driver's license;(vii)license Isor inwith ana apprenticeship,license on-the-jobthat training,has been expired for ninety days or welfare-to-workmore;(h) program;When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least twenty-four hours and where the vehicle is interfering with the proper and intended use of the zone.

or(viii)Signage Presentsmust evidencegive notice to the public that hea orvehicle shewill hasbe appliedremoved forif aillegally positionparked in the zone;(i) When a vehicle with an apprenticeshipexpired orregistration on-the-jobof trainingmore programthan forty-five days is parked on a public street.(3) When an arrest is made for whicha violation of RCW 46.20.342(1) (a) or (b), if the vehicle is a driver'scommercial licensevehicle or farm transport vehicle and the driver of the vehicle is requirednot the owner of the vehicle, before the summary impoundment directed under subsection (1) of this section, the police officer shall attempt in a reasonable and timely manner to begincontact the program,owner providedof thatthe vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a licenseprior grantedrelease under this provisionsubsection shallor beRCW 46.55.120(1)(((a))) (b)(ii).(4) Nothing in effectthis forsection nomay longerderogate thanfrom fourteenthe days;powers of police officers under the common law.

and(c)For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.(5) For purposes of this section "farm transport vehicle" means a motor vehicle owned by a farmer and that is being actively used in the transportation of the farmer's or another farmer's farm, orchard, aquatic farm, or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal, or supplies or commodities to be used on the farm, orchard, aquatic farm, or dairy, and that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.Sec. 9.  RCW 46.55.120 and 2017 c 152 s 1 are each amended to read as follows:(1)(a) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed only by the following persons or entities:(i) The applicantlegal filesowner;(ii) satisfactoryThe proofregistered owner;(iii) A person authorized in writing by the registered owner;(iv) The vehicle's insurer or a vendor working on behalf of financialthe responsibilityvehicle's underinsurer;(v) chapterA 46.29third-party RCW;insurer that has a duty to repair or replace the vehicle, has obtained consent from the registered owner or the owner's agent to move the vehicle, and has documented that consent in the insurer's claim file, or a vendor working on behalf of a third-party insurer that has received such consent;

and(d)provided, Uponhowever, receipt of evidence that aat holderall oftimes an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the directorregistered shallowner givemust writtenbe noticegranted byaccess first-classto mailand tomay thereclaim driverpossession thatof the occupationalvehicle. driver's license shall be canceled.

IfFor atthe anypurposes timeof beforethis thesubsection, cancellation"owner's goesagent" intomeans effectthe legal owner of the vehicle, a driver submitsin evidencepossession of continuedthe enrollmentvehicle inwith the program,registered owner's permission, or an adult member of the cancellationregistered shallowner's befamily;(vi) stayed.A person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department;(vii) A person who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor;

or(viii) If (a)(i) through (vii) of this subsection do not apply, a person, who is known to the cancellationregistered becomesor effective,legal owner of a motorcycle or moped, as each are defined in chapter 46.04 RCW, that was towed from the driverscene of an accident, may obtain,redeem atthe nomotorcycle additionalor charge,moped as a newbailment occupationalin driver'saccordance licensewith uponRCW submittal46.55.125 while the registered or legal owner is admitted as a patient in a hospital due to the accident.(b) In addition, a vehicle impounded because the operator is ((in)) arrested for a violation of evidenceRCW 46.20.342(1)(c) prior to the effective date of enrollmentthis insection anothershall programnot thatbe meetsreleased until a person eligible to redeem it under (a) of this subsection satisfies the criteriarequirements setof forth(f) inof this subsection;subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.

and(e)If The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicantdepartment's isrecords ableshow to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.(4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.(5) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holderoperator thereof has been convicted of operating a motor vehicle in violation of itsRCW restrictions,46.20.342 no longer meets the eligibility requirements, or hasa beensimilar convictedlocal ofordinance orwithin foundthe topast havefive committedyears, athe separatevehicle offensemay orbe anyheld otherfor actup orto omissionthirty thatdays underat thisthe chapterwritten woulddirection warrantof suspensionthe oragency revocationordering ofthe avehicle regularimpounded. driver's license.

TheA departmentvehicle mustimpounded givebecause noticethe operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the cancellationagency asthat providedordered underthe RCWvehicle 46.20.245.impounded or from the court having jurisdiction.

AAn personagency whoseshall occupationalissue or temporary restricted driver's license has been canceled under this section may reapply for a newwritten occupationalorder or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.Sec. 9.  RCW 46.55.113 and 2011 c 167 s 6 are each amended to readrelease as follows:(1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342(1) (a), (b), or (c) or 46.20.345, the vehicle is subject to summary impoundment, pursuant to thea termsprovision and conditions of an applicable local ordinance or state agency rule at the direction of a law enforcement officer.(2) In addition, a police officer may take custody of a vehicle, at his or herlocal discretion,ordinance andauthorizing providerelease foron its prompt removal to a place of safety under any of the followingbasis circumstances:(a) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisionsfollowing:(i) ofEconomic RCW 46.61.560, the officer may provide for the removal of the vehicle or requirepersonal thehardship driver or other person in charge of the vehicle to move the vehiclespouse to a position off the roadway;(b) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driveroperator, oftaking a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;(d) Whenever the driver of a vehicle is arrested and taken into custodyconsideration by a police officer;(e) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;(f) Whenever a vehicle without a special license plate, placard, or decal indicating that the vehicle is being used to transport a person with disabilities under RCW 46.19.010 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;(g)safety Uponfactors, determiningincluding that a person is operating a motor vehicle without a valid and, if required, a specially endorsed driver's license or with a license that has been expired for ninety days or more;(h) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the directoroperator's ofcriminal transportationhistory or chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least twenty-four hours and wheredriving therecord; vehicle is interfering with the proper and intended use of the zone.

Signageor(ii) mustThe giveowner noticeof to the public that a vehicle willwas benot removedthe ifdriver, illegally parked in the zone;(i)owner Whendid anot vehicleknow withthat anthe expireddriver's registrationlicense ofwas moresuspended thanor forty-fiverevoked, daysand isthe parkedowner onhas anot publicreceived street.(3) When an arrest is made for a violationprior ofrelease RCWunder 46.20.342(1)this (a),subsection (b), or (c),RCW if46.55.113(3).In theorder vehicleto isavoid adiscriminatory commercialapplication, vehicleother orthan farmfor transport vehicle and the driverreasons offor therelease vehicleset isforth notin the(b)(i) ownerand of(ii) the vehicle, before the summary impoundment directed under subsection (1) of this section,subsection, thean policeagency officershall, shallunder attempt in a reasonableprovision andof timelyan mannerapplicable tostate contactagency therule owneror oflocal theordinance, vehicledeny and may release thein vehicleall toother thecircumstances ownerwithout ifdiscretion.If thea ownervehicle is reasonablyimpounded available,because as long as the owneroperator wasis not in theviolation vehicle at the time of theRCW stop46.20.342(1) and(a) arrestor and(b), the ownervehicle hasmay notbe receivedheld afor priorup releaseto underthirty thisdays subsectionat orthe RCWwritten 46.55.120(1)(((a)))direction (b)(ii).(4)of Nothing in this section may derogate from the powersagency ofordering police officers under the commonvehicle law.impounded.

ForHowever, theif purposes of this section, a place of safety may include the businessdepartment's locationrecords ofshow a registered tow truck operator.(5) For purposes of this section "farm transport vehicle" means a motor vehicle owned by a farmer and that is being actively used in the transportationoperator of the farmer's or another farmer's farm, orchard, aquatic farm, or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal, or supplies or commodities to be used on the farm, orchard, aquatic farm, or dairy, and that has abeen grossconvicted vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.Sec. 10.  RCW 46.63.020 and 2016 c 213 s 4 are each 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 46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;(2) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;(3) RCW 46.09.480 relating to operation of nonhighway vehicles;(4) RCW 46.10.490(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;(5) RCW 46.10.495 relating to the operation of snowmobiles;(6) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;(7) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;(8) RCW 46.16A.520 relating to permitting unauthorized persons to drive;(9) RCW 46.16A.320 relating to vehicle trip permits;(10) RCW 46.19.050(1) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;(11) RCW 46.19.050(8) relating to illegally obtaining a parking placard, special license plate, special year tab, or identification card;(12) RCW 46.19.050(9) relating to sale of a parking placard, special license plate, special year tab, or identification card;(13) RCW 46.20.005 relating to driving without a valid driver's license;(14) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;(15) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;(16) RCW 46.20.342(1) (a),(a) (b), and (c) relating to driving with a suspended or revoked(b) license or status;(17) RCW 46.20.345 relating to the operation of a motorsimilar vehiclelocal withordinance awithin suspended or revoked license;(18) RCW 46.20.410 relating to the violationpast offive restrictionsyears, of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;(19) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;(20) RCW 46.20.750 relating to circumventing an ignition interlock device;(21) RCW 46.25.170 relating to commercial driver's licenses;(22) Chapter 46.29 RCW relating to financial responsibility;(23) RCW 46.30.040 relating to providing false evidence of financial responsibility;(24) RCW 46.35.030 relating to recording device information;(25) RCW 46.37.435 relating to wrongful installation of sunscreening material;(26) RCW 46.37.650 relating to the manufacture, importation, sale, distribution, or installation of a counterfeit air bag, nonfunctional air bag, or previously deployed or damaged air bag;(27) RCW 46.37.660 relating to the sale or installation of a device that causes a vehicle's diagnostic system to inaccurately indicate that the vehicle hasmay a functional air bag when a counterfeit air bag, nonfunctional air bag, or no air bag is installed;(28) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;(29) RCW 46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;(30) RCW 46.44.180 relating to operation of mobile home pilot vehicles;(31) RCW 46.48.175 relating to the transportation of dangerous articles;(32) RCW 46.52.010 relating to duty on striking an unattended car or other property;(33) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;(34) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;(35) RCW 46.52.130 relating to confidentiality of the driving record to be furnishedheld toat an insurance company, an employer, and an alcohol/drug assessment or treatment agency;(36) RCW 46.55.020 relating to engaging in the activitieswritten ofdirection a registered tow truck operator without a registration certificate;(37) RCW 46.55.035 relating to prohibited practices by tow truck operators;(38) RCW 46.55.300 relating to vehicle immobilization;(39) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;(40) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;(41) RCW 46.61.022 relating to failure to stop and give identification to an officer;(42) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;(43) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;(44) RCW 46.61.500 relating to reckless driving;(45) RCW 46.61.502 and 46.61.504 relating to persons under the influenceagency ofordering intoxicating liquor or drugs;(46) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;(47) RCW 46.61.520 relating to vehicular homicide by motor vehicle;(48) RCW 46.61.522 relating to vehicular assault;(49) RCW 46.61.5249 relating to first degree negligent driving;(50) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;(51) RCW 46.61.530 relating to racing of vehicles on highways;(52) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;(53) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;(54) RCW 46.61.740 relating to theft of motor vehicle fuel;(55)impounded RCWfor 46.64.010up relating to unlawfulsixty cancellationdays, of or attempt to cancel a traffic citation;(56) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committingfor crimes;(57)up Chapter 46.65 RCW relating to habitualninety trafficdays offenders;(58)if RCW 46.68.010 relating to false statements made to obtain a refund;(59) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessmentoperator ofhas monetarytwo penalties of a civil nature;(60) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;(61) RCW 46.72A.060 relating to limousine carrier insurance;(62) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;(63) RCW 46.72A.080 relating to false advertising by a limousine carrier;(64) Chapter 46.80 RCW relating to motor vehicle wreckers;(65) Chapter 46.82 RCW relating to driver's training schools;(66) RCW 46.87.260 relating to alteration or forgerymore ofsuch aprior caboffenses. card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;(67) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.Sec. 11.  RCW 46.63.110 and 2012 c 82 s 1 are each amended to read as follows:(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty.

NoIf penaltya vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342(1) (a) or (b), the vehicle may exceednot twobe hundredreleased until a person eligible to redeem it under (a) of this subsection satisfies the requirements of (f) of this subsection, including paying all towing, removal, and fiftystorage dollarsfees, fornotwithstanding eachthe offensefact unlessthat authorizedthe hold was ordered by thisa chaptergovernment oragency.(c) title.(2)If Thethe monetaryvehicle penaltyis directed to be held for a violationsuspended license impound, a person who desires to redeem the vehicle at the end of (a)the RCWperiod 46.55.105(2)of isimpound twoshall hundredwithin fiftyfive dollarsdays of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each offense;day of the proposed suspended license impound.

(b)The RCWtow 46.61.210(1)truck isoperator fiveshall hundredcredit dollarsthis amount against the final bill for eachremoval, offense.towing, and storage upon redemption.