wa-law.org > bill > 2023-24 > HB 1865 > Original Bill
Many people have been victims of irresponsible drivers who damaged lives and property and also were uninsured, thus further aggravating the injury to the other person. Washington requires drivers to have motor vehicle liability insurance or be sufficiently fiscally responsible to cover damages if the driver damages another person or property. The legislature intends to improve compliance with these requirements through modification of enforcement mechanisms. The changes in this act are intended to prevent repeat offenders and people who have damaged persons or property while driving from continuing to drive in violation of the law.
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No person may operate a motor vehicle subject to registration under chapter 46.16A RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.
A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
When asked to do so by a law enforcement officer, failure to display proof of financial responsibility for motor vehicle operation as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.
Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community restitution and a law enforcement officer is authorized to take steps to prevent a person from driving a vehicle in violation of (a) of this subsection as authorized by law.
For the purposes of this section, when a person uses a portable electronic device to display proof of financial security to a law enforcement officer, the officer may only view the proof of financial security and is otherwise prohibited from viewing any other content on the portable electronic device.
Whenever a person presents a portable electronic device pursuant to this section, that person assumes all liability for any damage to the portable electronic device.
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Whenever a law enforcement officer discovers that a person is driving a vehicle in violation of subsection (1)(a) of this section, the law enforcement officer has the discretion to take steps to prevent the person from continuing to drive in violation of subsection (1)(a) of this section when:
The person has been given citations for a violation of this section at least twice in the prior three years; or
The person has been the cause of an accident that involves damage to another person or property while driving in violation of subsection (1)(a) of this section in the last three years.
A law enforcement officer may detain the person and vehicle until a person with a valid driver's license and proof of motor vehicle liability insurance or financial responsibility arrives to drive the vehicle.
A law enforcement officer may authorize the impoundment of the vehicle.
If the driver of the vehicle has been given citations for a violation of this section at least twice in the prior three years and the driver has been the cause of an accident that involves damage to another person or property while driving in violation of subsection (1)(a) of this section, then the law enforcement officer must impound the vehicle.
If a person cited for a violation of subsection (1) of this section appears in person before the court or a violations bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed and the court or violations bureau may assess court administrative costs of $25 at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of $25 at the time of dismissal.
The provisions of this chapter shall not govern:
The operation of a motor vehicle registered under RCW 46.18.220 or 46.18.255, governed by RCW 46.16A.170, or registered with the Washington utilities and transportation commission as common or contract carriers; or
The operation of a motor-driven cycle as defined in RCW 46.04.332, a moped as defined in RCW 46.04.304, or a wheeled all-terrain vehicle as defined in RCW 46.09.310.
RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.
Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342 or 46.20.345, the vehicle is subject to summary impoundment, pursuant to the terms and conditions of an applicable local ordinance or state agency rule at the direction of a law enforcement officer.
In addition, a police officer may take custody of a vehicle, at his or her discretion, and provide for its prompt removal to a place of safety under any of the following circumstances:
Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504;
Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
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;
Upon determining 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 90 days or more;
When a vehicle with an expired registration of more than 45 days is parked on a public street;
Upon determining that a person restricted to use of only a motor vehicle equipped with a functioning ignition interlock device is operating a motor vehicle that is not equipped with such a device in violation of RCW 46.20.740(2);
Whenever the driver of a vehicle is arrested for illegal racing conduct in violation of RCW 46.61.500 or 46.61.530 or a comparable municipal ordinance;
Whenever the driver of a vehicle is driving in violation of RCW 46.30.020(2).
When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is not 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 contact the owner of the 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 prior release under this subsection or RCW 46.55.120(1)(b)(ii).
The additional procedures outlined in RCW 46.55.360 apply to any impoundment of a vehicle under subsection (2)(e) of this section.
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
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.
Subject to the availability of amounts appropriated for this specific purpose, by December 31, 2026, the Washington traffic safety commission, in consultation with members of the towing industry, law enforcement, and businesses in the insurance industry, is directed to do an awareness campaign to educate the public about the potential consequences of driving without motor vehicle insurance and the new provisions in this act.
The campaign must include posting information on the commission's website and department of licensing's website and dissemination of informational and educational materials to members of the media, law enforcement organizations, insurance companies, and driver's education schools.