This section modifies existing section 46.63.060. Here is the modified chapter for context.
A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:
A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration;
A statement of the specific traffic infraction for which the notice was issued;
A statement of the monetary penalty established for the traffic infraction;
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A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
One of the options must allow a person to admit responsibility for the infraction and attest that the person does not have the current ability to pay the infraction in full. The person must receive information on how to obtain a payment plan from the court and be informed that failure to pay may result in collection action;
A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; and
h.
A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in additional financial penalties, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied.
This section modifies existing section 46.63.070. Here is the modified chapter for context.
Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within 30 days of the date of the notice.
If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response**, unless the person selects the option attesting that the person does not have the current ability to pay the infraction in full**. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
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Except as provided in (b), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
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 may not receive a deferral under this section.
A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.
If any person issued a notice of traffic infraction:
Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.
This section adds a new section to an existing chapter 46.63. Here is the modified chapter for context.
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A person may request a payment plan at any time for the payment of any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction. The court shall enter into a payment plan with the individual.
If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation for civil enforcement until all monetary obligations have been paid and court authorized community restitution has been completed, or until the court has entered into a new payment plan or community restitution agreement with the person.
If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full, no sooner than 120 days from the date of the infraction the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation to a collections agency until all monetary obligations have been paid or until the person has entered into a payment plan under this section.
If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed $10 per infraction or $25 per payment plan, whichever is less.
Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
The court may modify a payment plan at any time.
For the purposes of this section, "payment plan" means a plan that requires reasonable payments based on the financial ability of the person to pay as determined by court rule.
This section modifies existing section 46.20.285. Here is the modified chapter for context.
The department shall 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:
For vehicular homicide the period of revocation shall be two years. The revocation period shall be tolled during any period of total confinement for the offense;
Vehicular assault. The revocation period shall be tolled during any period of total confinement for the offense;
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 the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
Any felony in the commission of which a motor vehicle is used;
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;
Perjury or the making of a false affidavit or statement under oath to the department under this title or under any other law relating to the ownership or operation of motor vehicles;
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.
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Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department shall revoke the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. During the period of probation, the person must not be convicted of any additional traffic infractions for moving violations and must complete a safe driving course as recommended by the department. Any traffic infraction for a moving violation committed during the period of probation or failure to complete the required safe driving course shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
The department may not charge a reinstatement fee at the end of the term of revocation under this subsection.
For purposes of this subsection, multiple traffic infractions committed within a six-hour period constitutes one occasion.
This section modifies existing section 46.20.285. Here is the modified chapter for context.
The department shall 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:
For vehicular homicide the period of revocation shall be two years. The revocation period shall be tolled during any period of total confinement for the offense;
Vehicular assault. The revocation period shall be tolled during any period of total confinement for the offense;
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 the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
Any felony where the sentencing court determines that in the commission of the offense a motor vehicle was used in a manner that endangered persons or property;
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;
Perjury or the making of a false affidavit or statement under oath to the department under this title or under any other law relating to the ownership or operation of motor vehicles;
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.
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Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department shall revoke the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. During the period of probation, the person must not be convicted of any additional traffic infractions for moving violations and must complete a safe driving course as recommended by the department. Any traffic infraction for a moving violation committed during the period of probation or failure to complete the required safe driving course shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
The department may not charge a reinstatement fee at the end of the term of revocation under this subsection.
For purposes of this subsection, multiple traffic infractions committed within a six-hour period constitutes one occasion.
This section modifies existing section 46.20.289. Here is the modified chapter for context.
Except for traffic violations committed under RCW 46.61.165, the department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.64.025 that the person has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation**.**
The department shall suspend all driving privileges of a person 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.
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.
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 or cases have been adjudicated.
This section modifies existing section 46.20.291. Here is the modified chapter for context.
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
Has committed an offense for which mandatory revocation or suspension of license is provided by law;
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;
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;
Is incompetent to drive a motor vehicle under RCW 46.20.031(3);
Has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289;
Is subject to suspension under RCW 46.20.305 or 9A.56.078;
Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921; or
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.
This section modifies existing section 46.20.342. Here is the modified chapter for context.
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. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
A person found to be a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross 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. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
A conviction of a felony in the commission of which a motor vehicle was used;
A previous conviction under this section;
A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
A conviction of RCW 46.61.212(5), relating to reckless endangerment of emergency zone workers;
ix. A conviction of RCW 46.61.500, relating to reckless driving;
A conviction of RCW 46.61.520, relating to vehicular homicide;
A conviction of RCW 46.61.522, relating to vehicular assault;
A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
An administrative action taken by the department under chapter 46.20 RCW;
A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
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).
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**:**
The person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program**;**
The person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW**;**
The person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents**;**
The person has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289**(1);**
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**;**
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**;**
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
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 any combination of (c)(i) through (viii) 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.
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, the department shall:
For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW 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; or
For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, 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; or
Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and 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.
This section modifies existing section 46.20.391. Here is the modified chapter for context.
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, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
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A person licensed under this chapter whose driver's license is suspended administratively pursuant to RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.285(2) or 46.20.291, may apply to the department for an occupational driver's license.
An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
Is fulfilling court-ordered community service responsibilities;
Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first‑class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
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.
The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational 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.
This section adds a new section to an existing chapter 46.20. Here is the modified chapter for context.
The department is authorized to administratively reinstate the license of a person suspended pursuant to RCW 46.20.289(1) prior to the effective date of this section because the person:
Failed to respond to a notice of traffic infraction for a moving violation;
Failed to appear at a requested hearing for a moving violation;
Violated a written promise to appear in court for a notice of infraction for a moving violation; or
Failed to comply with the terms of a notice of traffic infraction.
No later than 90 days after the effective date of this section, the department shall:
Take reasonable steps to publicize and notify persons who may be eligible for reinstatement of his or her license pursuant to this section; and
Create an online application process for persons whose licenses are suspended and may be eligible for reinstatement as provided in this section. The online application process shall allow a person to determine whether the person is eligible to have his or her license reinstated and explain the process for reinstatement. A reissue fee as provided in RCW 46.20.311 shall apply.
This section modifies existing section 46.64.025. Here is the modified chapter for context.
Whenever any person fails to comply with the terms of a a criminal complaint or criminal citation for a moving violation, the court with jurisdiction over the criminal complaint or criminal citation shall promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant failed to appear or comply is adjudicated, the court hearing the case shall promptly file with the department a certificate showing that the case has been adjudicated. For the purposes of this section, "moving violation" is defined by rule pursuant to RCW 46.20.2891.
This section adds a new section to an existing chapter 46.20. Here is the modified chapter for context.
An additional $1 fee shall be imposed on each application for an original or renewal of a regular driver's license, regular identicard, enhanced driver's license, or enhanced identicard. The entire amount of the fee shall be used to pay for processing costs for driver's license issuance and reinstatements, and information technology upgrades and the ongoing costs to maintain the driver's license and identicard record and issuance system.
The department shall forward all funds accruing under this section to the state treasurer who shall deposit the moneys to the credit of the highway safety fund.
This section adds a new section to an existing chapter 46.68. Here is the modified chapter for context.
The driver licensing technology support account is created as a subaccount in the highway safety fund under RCW 46.68.060. Moneys in the subaccount may be spent only after appropriation. Expenditures from the subaccount may be used only for supporting information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders.