UNIFORM COMMERCIAL DRIVER’S LICENSE ACT
46.25.001 Short title.
46.25.005 Purpose — Construction.
46.25.020 One license limit.
46.25.030 Duties of driver — Notice to department and employer.
46.25.040 Duties of employer.
46.25.050 Commercial driver’s license required — Exceptions, restrictions, reciprocity.
46.25.052 Commercial learner’s permit — Qualifications, authorized use, endorsements, restrictions.
46.25.055 Medical examiner’s certificate — Required.
46.25.057 Medical examiner’s certificate — Failure to carry — Penalty.
46.25.060 Knowledge and skills examination, exemptions.
46.25.070 Application — Change of address, name — Residency — Hazardous materials endorsement.
46.25.075 Certification — Recordkeeping and administration — Downgrade.
46.25.080 License contents, classifications, endorsements, restrictions.
46.25.082 Driving record information.
46.25.085 Hazardous materials endorsement.
46.25.088 Expiration — Renewal.
46.25.090 Disqualification — Grounds for, period of — Records.
46.25.100 Restoration after disqualification.
46.25.110 Driving with alcohol or THC in system.
46.25.120 Test for alcohol or drugs — Disqualification for refusal of test or positive test — Procedures.
46.25.123 Mandatory reporting of positive test.
46.25.125 Disqualification for positive test — Procedure.
46.25.130 Report of violation, disqualification by nonresident.
46.25.150 Agreements to carry out chapter.
46.25.160 Licenses issued by other jurisdictions.
46.25.170 Civil and criminal penalties.
46.25.900 Severability — 1989 c 178.
46.25.901 Effective dates — 1989 c 178.
Ignition interlock driver’s license — Application — Eligibility — Cancellation — Costs — Rules.
(1)(a) Beginning January 1, 2009, any person licensed under this chapter who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance, or a violation of RCW 46.61.520(1)(a) or46.61.522 (1)(b), or who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock 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 an ignition interlock driver’s license.
(b) A person may apply for an ignition interlock driver’s license anytime, including immediately after receiving the notices under RCW 46.20.308 or after his or her license is suspended, revoked, or denied. A person receiving an ignition interlock driver’s license waives his or her right to a hearing or appeal under RCW 46.20.308.
(c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial. Subject to the provisions of RCW 46.20.720(3)(b)(ii), the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person’s employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person’s employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person’s employment requires the person to operate a vehicle owned by the employer or other persons during working hours.
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver’s license granted upon a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(iii) The time period during which the person is licensed under this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is required under RCW 46.20.720 and 46.61.5055. Beginning with incidents occurring on or after September 1, 2011, when calculating the period of time for the restriction under RCW 46.20.720(3), the department must also give the person a day-for-day credit for the time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates. For the purposes of this subsection (1)(c)(iii), the term “all vehicles” does not include vehicles that would be subject to the employer exception under RCW 46.20.720(3).
(2) An applicant for an ignition interlock driver’s license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock driver’s license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver’s license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver’s license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the application for an ignition interlock driver’s license may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock 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 ignition interlock driver’s license has been canceled under this section may reapply for a new ignition interlock driver’s license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
(6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty dollars per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional twenty dollar fee to the department.
(b) The department shall deposit the proceeds of the twenty dollar fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.
(8)(a) Any person licensed under this chapter who is convicted of a violation of RCW 46.61.500 when the charge was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver’s license under this section.
(b) A person who does not have any driver’s license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license. The department may require the person to take any driver’s licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver’s license under RCW 46.20.391.
[2013 2nd sp.s. c 35 § 20; 2012 c 183 § 8; 2011 c 293 § 1; 2010 c 269 § 1; 2008 c 282 § 9.]
(1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and:
(a) Have possessed a valid instruction permit for a period of not less than six months;
(b) Have passed a driver licensing examination administered by the department;
(c) Have passed a course of driver’s education in accordance with the standards established in RCW 46.20.100;
(d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver’s license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;
(e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and
(f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.
(2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder’s immediate family as defined in RCW 42.17A.005. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder’s immediate family.
(3) The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m. except when the holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age.
(4) The holder of an intermediate license may not operate a moving motor vehicle while using a wireless communications device unless the holder is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property.
(5) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.
(6) Except for a violation of subsection (4) of this section, enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.
(8) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the twelve-month period following the issuance of the intermediate license, he or she:
(a) Has not been involved in an accident involving only one motor vehicle;
(b) Has not been involved in an accident where he or she was cited in connection with the accident or was found to have caused the accident;
(c) Has not been involved in an accident where no one was cited or was found to have caused the accident; and
(d) Has not been convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate licensee under this section.
[2011 c 60 § 44; 2010 c 223 § 2; 2009 c 125 § 1; 2000 c 115 § 2.]
Effective date — 2011 c 60: See RCW 42.17A.919.
Finding — 2000 c 115: “The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes.” [2000 c 115 § 1.]
Effective date — 2000 c 115 §§ 1-10: “Sections 1 through 10 of this act take effect July 1, 2001.” [2000 c 115 § 14.]
DRIVER’S LICENSE AND PERMIT REQUIREMENTS
DRIVER’S LICENSE AND PERMIT REQUIREMENTS
46.20.001 License required — Rights and restriction.
46.20.005 Driving without a license — Misdemeanor, when.
46.20.015 Driving without a license — Traffic infraction, when.
46.20.017 Immediate possession and displayed on demand.
46.20.021 New residents.
46.20.022 Unlicensed drivers — Subject to Title
46.20.024 Unlawful to allow unauthorized minors to drive.
46.20.027 Armed forces, dependents.
46.20.035 Proof of identity.
46.20.037 Facial recognition matching system.
46.20.0371 Facial recognition matching system — Report to governor and legislature on investigations based on system results and related data.
46.20.041 Persons with physical or mental disabilities or diseases.
46.20.045 School bus, for hire drivers — Age.
46.20.049 Commercial driver’s license — Additional fee, disposition.
46.20.055 Instruction permit.
46.20.065 Temporary permit.
46.20.070 Juvenile agricultural driving permit.
46.20.075 Intermediate license.
OBTAINING OR RENEWING A DRIVER’S LICENSE
46.20.091 Application — Penalty for false statement — Driving records from and to other jurisdictions.
46.20.0921 Violations — Penalty.
46.20.093 Bicycle safety.
46.20.095 Instructional publication information.
46.20.100 Persons under eighteen.
46.20.105 Identifying types of licenses and permits.
46.20.109 Wheelchair conveyances.
46.20.111 Registration with selective service system for males under twenty-six upon application — Opportunity to consent or decline.
46.20.113 Anatomical gift statement.
46.20.1131 Information for organ donor registry.
46.20.114 Preventing alteration or reproduction.
46.20.118 Negative file.
46.20.119 Reasonable rules.
46.20.120 Examinations — Waiver — Fees — Renewals — Administration.
46.20.125 Waiver–Agreement with other jurisdictions.
46.20.130 Content and conduct of examinations.
46.20.153 Voter registration — Posting signs.
46.20.155 Voter registration, update — Services.
46.20.157 Data to consolidated technology services agency — Confidentiality.
46.20.161 Issuance — Contents — Fee.
46.20.181 Expiration date — Renewal — Fees — Penalty.
46.20.185 Photograph during renewal.
46.20.187 Registration of sex offenders.
46.20.191 Compliance with federal REAL ID Act of 2005 requirements.
46.20.1911 Costs and burdens of compliance with federal REAL ID Act of 2005 requirements — Legal challenge.
46.20.200 Lost, destroyed, or corrected licenses, identicards, or permits.
46.20.202 Enhanced drivers’ licenses and identicards for Canadian border crossing — Border-crossing initiative.
46.20.2021 Statewide education campaign for border-crossing initiative.
46.20.205 Change of address or name.
RESTRICTING THE DRIVING PRIVILEGE
46.20.215 Nonresidents — Suspension or revocation — Reporting offenders.
46.20.220 Vehicle rentals–Records.
46.20.245 Mandatory revocation–Notice–Administrative, judicial review–Rules–Application.
46.20.265 Juvenile driving privileges — Revocation for alcohol or drug violations.
46.20.267 Intermediate licensees.
46.20.270 Driving offenses — Procedures — Definitions.
46.20.285 Offenses requiring revocation.
46.20.286 Adoption of procedures.
46.20.289 Suspension for failure to respond, appear, etc.
46.20.2891 Moving violation, definition by rule — Notice.
46.20.291 Authority to suspend — Grounds.
46.20.292 Finding of juvenile court officer.
46.20.293 Minor’s record to juvenile court, parents, or guardians.
46.20.300 Extraterritorial convictions.
46.20.305 Incompetent, unqualified driver — Reexamination — Physician’s certificate — Action by department.
46.20.308 Implied consent — Test refusal — Procedures.
46.20.3101 Implied consent — License sanctions, length of.
46.20.311 Duration of license sanctions — Reissuance or renewal.
46.20.315 Surrender of license.
46.20.317 Unlicensed drivers.
46.20.320 Suspension, etc., effective although certificate not delivered.
46.20.322 Interview before suspension, etc. — Exceptions — Appearance of minor’s parent or guardian.
46.20.323 Notice of interview — Contents.
46.20.324 Persons not entitled to interview or hearing.
46.20.325 Suspension or probation before interview — Alternative procedure.
46.20.326 Failure to appear or request interview constitutes waiver — Procedure.
46.20.327 Conduct of interview — Referee — Evidence — Not deemed hearing.
46.20.328 Findings and notification after interview — Request for formal hearing.
46.20.329 Formal hearing — Procedures, notice, stay.
46.20.331 Hearing and decision by director’s designee.
46.20.332 Formal hearing — Evidence — Subpoenas — Reexamination — Findings and recommendations.
46.20.333 Decision after formal hearing.
46.20.334 Appeal to superior court.
46.20.335 Probation in lieu of suspension or revocation.
DRIVING OR USING LICENSE WHILE SUSPENDED OR REVOKED
46.20.338 Display or possession of invalidated license or identicard.
46.20.341 Relicensing diversion programs — Program information to administrative office of the courts.
46.20.342 Driving while license invalidated — Penalties — Extension of invalidation.
46.20.345 Operation under other license or permit while license suspended or revoked — Penalty.
46.20.349 Stopping vehicle of suspended or revoked driver.
46.20.355 Alcohol violator — Probationary license.
IGNITION INTERLOCK, TEMPORARY RESTRICTED, OCCUPATIONAL LICENSES
46.20.385 Ignition interlock driver’s license — Application — Eligibility — Cancellation — Costs — Rules.
46.20.391 Temporary restricted, occupational licenses — Application — Eligibility — Restrictions — Cancellation.
46.20.394 Detailed restrictions — Violation.
46.20.400 Obtaining new driver’s license — Surrender of order and current license.
46.20.410 Penalty — Violation.
46.20.500 Special endorsement — Exceptions.
46.20.505 Special endorsement fees.
46.20.510 Instruction permit — Fee.
46.20.515 Examination — Emphasis — Administration — Waiver.
46.20.520 Training and education program — Advisory board.
ALCOHOL DETECTION DEVICES
46.20.710 Legislative finding.
46.20.720 Drivers convicted of alcohol offenses.
46.20.740 Notation on driving record — Verification of interlock — Penalty.
46.20.745 Ignition interlock device revolving account program — Pilot program.
46.20.750 Circumventing ignition interlock — Penalty.
46.20.755 Local verification of ignition interlock device installation — Immunity.
46.20.900 Repeal and saving.
46.20.910 Severability — 1965 ex.s. c 121.
46.20.911 Severability, implied consent law — 1969 c 1.
Rules of court: Bail in criminal traffic offense cases — Mandatory appearance — CrRLJ 3.2.
Traffic infractions — Monetary penalty schedule — IRLJ 6.2.
Allowing unauthorized person to drive — Penalty: RCW 46.16A.520.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365, 69.50.420.