title: RCW 46.21.010

text:
The driver license compact prepared pursuant to resolutions of the western governors' conference and the western interstate committee on highway policy problems of the council of state governments is hereby entered into and enacted into law, the terms and provisions of which shall be as follows:
DRIVER LICENSE COMPACT
ARTICLE I—Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
ARTICLE II—Definitions
As used in this compact:
(a) "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
ARTICLE III—Reports of Conviction
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
ARTICLE IV—Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Vehicular homicide;
(2) 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;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article.
ARTICLE V—Applications for New Licenses
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
ARTICLE VI—Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state.
ARTICLE VII—Compact Administrator and
Interchange of Information
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII—Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.
ARTICLE IX—Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[ 1983 c 164 s 5; 1963 c 120 s 1.]

catchline: Compact enacted—Provisions.


doc_type: statute

jurisdiction: wa

title: RCW 46.21.020

text:
As used in the compact, the term "licensing authority" with reference to this state, shall mean the department of licensing. Said department shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact.
[ 1979 c 158 s 154; 1967 c 32 s 36; 1963 c 120 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: "Licensing authority" defined—Duty to furnish information.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.21.030

text:
The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his or her service as such administrator, but shall be entitled to expenses incurred in connection with his or her duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employment.
[ 2012 c 117 s 128; 1963 c 120 s 3.]

catchline: Expenses of compact administrator.


title: RCW 46.21.040

text:
As used in the compact, with reference to this state, the term "executive head" shall mean governor.
[ 1963 c 120 s 4.]

catchline: "Executive head" defined.


title: RCW 46.22.010

text:
(1) Confidentiality of records. Any information or record containing personal or identity information obtained by the department, pursuant to the administration of driver and vehicle records, shall be private and confidential except as otherwise provided in federal and state law.
(2) Obligations of data recipients and subrecipients. (a) All data recipients and subrecipients, as defined by the department, authorized to receive personal or identity information originating from the department have an affirmative obligation to take all reasonable actions necessary to prevent the unauthorized disclosure and misuse of personal or identity information. The department may require audit or investigation of any entity receiving personal or identity information that originated from the department.
(b) If misuse or an unauthorized disclosure of personal or identity information occurs, all parties aware of the violation must inform the department and take all reasonably available actions to mitigate and rectify the disclosure to the department's standards.
(3) Contractual requirements. (a) Prior to providing data services that include the release of any personal or identity information as authorized by federal or state law, the department must enter into a contract with the entity authorized to receive the personal or identity information. The contract must include, at a minimum:
(i) Limitations and restrictions for the use of personal or identity information;
(ii) A requirement that the data recipient allow the department or its agent to conduct regular permissible use audits;
(iii) A requirement that the data recipient undergo regular data security audits, and standards for the conduct of such audits. Internal audit programs required under RCW 43.88.160 are considered independent third-party auditors for the purposes of this section;
(iv) A provision that all costs of the audits performed pursuant to this subsection are not the responsibility of the department;
(v) Provisions governing redisclosure of personal or identity information by a data recipient or subrecipient other than to those categories of parties permitted by contract and standards for the handling of such information;
(vi) Other privacy, compliance, and contractual requirements as may be set forth in rule by the department to protect personal or identity information;
(vii) A statement that the ownership of data provided under this chapter remains with the department, and ownership does not transfer to the data recipient or subrecipient; and
(viii) A provision that the data recipient must conduct or review regular data security and permissible use audits of all subrecipients, and standards for the conduct of such audits.
(b) The department may adopt other contract requirements as necessary to ensure the privacy of individuals and protection of personal or identity information.
(4) Penalties. (a) The unauthorized disclosure or use of personal or identity information shall subject the disclosing entity to a civil penalty of up to twenty thousand dollars, per incident, in 2021 and annually adjusted by the department on the first calendar day of each year based on changes in the United States consumer price index for all urban consumers.
(b) Other applicable sanctions under state and federal law may also apply. The amount of any penalties collected pursuant to (a) of this subsection shall be paid into the department's technology improvement and data management account created in RCW 46.68.063.
(c) If personal or identity information provided by the department is used for any purpose other than that authorized in the data recipient's contract with the department, the data recipient and any subrecipient responsible for the misuse, unauthorized disclosure, or nondata destruction may be denied further access to personal or identity information by the department.
[ 2021 c 93 s 4.]

catchline: Disclosure and use.


title: RCW 46.23.010

text:
The nonresident violator compact, hereinafter called "the compact," is hereby established in the form substantially as follows, and the Washington state department of licensing is authorized to enter into such compact with all other jurisdictions legally joining therein:
NONRESIDENT VIOLATOR COMPACT
Article I — Findings, Declaration of Policy, and
Purpose
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction: Must post collateral or bond to secure appearance for trial at a later date; or if unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or is taken directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation.
(3) The purpose of the practices described in paragraphs (1) and (2) above is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to him [his] home jurisdiction and disregard his duty under the terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) above, causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.
(6) The deposit of a driver's license as a bail bond, as described in paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.
(2) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.
(3) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.
(4) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in paragraph (b) above in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.
Article II — Definitions
As used in the compact, the following words have the meaning indicated, unless the context requires otherwise.
(1) "Citation" means any summons, ticket, notice of infraction, or other official document issued by a police officer for a traffic offense containing an order which requires the motorist to respond.
(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic offense.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.
(10) "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic offense.
(11) "Terms of the citation" means those options expressly stated upon the citation.
Article III — Procedure for Issuing Jurisdiction
(a) When issuing a citation for a traffic violation or infraction, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and insofar as practical shall contain information as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content substantially conforming to the compact manual.
(e) The licensing authority of the issuing jurisdiction may not suspend the privilege of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.
Article IV — Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.
Article V — Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to licenses to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangement between a party jurisdiction and a nonparty jurisdiction.
Article VI — Compact Administrator Procedures
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity has been given to the board.
(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership, a chairman and a vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the United States, or any other governmental agency, and may receive, utilize, and dispose of the same.
(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, or corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.
Article VII — Entry into Compact and Withdrawal
(a) This compact shall become effective when it has been adopted by at least two jurisdictions.
(b) Entry into the compact shall be made by a resolution of ratification executed by the department of licensing and submitted to the chairman of the board. The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:
(1) A citation of the authority by which the jurisdiction is empowered to become a party to this compact.
(2) Agreement to comply with the terms and provisions of the compact.
(3) That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.
(c) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than sixty days after notice has been given by the chairman of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.
(d) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.
Article VIII — Exceptions
The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.
Article IX — Amendments to the Compact
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and may be initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective thirty days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement.
Article X — Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or the applicability thereof to any government, agency, person, or circumstance, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.
Article XI — Title
This compact shall be known as the nonresident violator compact.
[ 1982 c 212 s 1.]

catchline: Compact established—Provisions.


title: RCW 46.23.020

text:
(1) The Washington state department of licensing is authorized and encouraged to execute a reciprocal agreement with the Canadian province of British Columbia, and with any other state which is not a member of the nonresident violator compact, concerning the rendering of mutual assistance in the disposition of traffic infractions committed by persons licensed in one state or province while in the jurisdiction of the other.
(2) Such agreements shall provide that if a person licensed by either state or province is issued a citation by the other state or province for a moving traffic violation covered by the agreement, he or she shall not be detained or required to furnish bail or collateral, and that if he or she fails to comply with the terms of the citation, his or her license shall be suspended or renewal refused by the state or province that issued the license until the home jurisdiction is notified by the issuing jurisdiction that he or she has complied with the terms of the citation.
(3) Such agreement shall also provide such terms and procedures as are necessary and proper to facilitate its administration.
[ 2012 c 117 s 129; 1982 c 212 s 2.]


title: RCW 46.23.050

text:
The department shall adopt rules for the administration and enforcement of RCW 46.23.010 and 46.23.020 in accordance with chapter 34.05 RCW.
[ 1982 c 212 s 6.]

catchline: Rules.


title: RCW 46.25.001

text:
This chapter may be cited as the Uniform Commercial Driver's License Act.
[ 1989 c 178 s 1.]

catchline: Short title.


title: RCW 46.25.005

text:
(1) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
(c) Strengthening licensing and testing standards.
(2) This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.
[ 1989 c 178 s 2.]

catchline: Purpose—Construction.


title: RCW 46.25.010

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten liters of breath.
(3) "Commercial driver's license" (CDL) means a license issued to an individual under chapter 46.20 RCW that has been endorsed in accordance with the requirements of this chapter to authorize the individual to drive a class of commercial motor vehicle.
(4) The "commercial driver's license information system" (CDLIS) is the information system established pursuant to 49 U.S.C. Sec. 31309 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) "Commercial learner's permit" (CLP) means a permit issued under RCW 46.25.052 for the purposes of behind-the-wheel training.
(6) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds or more), whichever is greater; or
(b) Has a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, entry into a deferred prosecution program under chapter 10.05 RCW, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(8) "Disqualification" means a prohibition against driving a commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation or physical control of a motor vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009, including, but not limited to, those substances defined by 49 C.F.R. Sec. 40.3.
(11) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single vehicle. The GVWR of a combination or articulated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units. If the GVWR of any unit cannot be determined, the actual gross weight will be used. If a vehicle with a GVWR of less than 11,794 kilograms (26,001 pounds or less) has been structurally modified to carry a heavier load, then the actual gross weight capacity of the modified vehicle, as determined by RCW 46.44.041 and 46.44.042, will be used as the GVWR.
(13) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. Sec. 5103 and is required to be placarded under subpart F of 49 C.F.R. Part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(15)(a) "Nondomiciled CLP or CDL" means a permit or license, respectively, issued under RCW 46.25.054 to a person who meets one of the following criteria:
(i) Is domiciled in a foreign country as provided in 49 C.F.R. Sec. 383.23(b)(1) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(ii) Is domiciled in another state as provided in 49 C.F.R. Sec. 383.23(b)(2) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(b) The definition in this subsection (15) applies exclusively to the use of the term in this chapter and is not to be applied in any other chapter of the Revised Code of Washington.
(16) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to 49 C.F.R. Secs. 386.72, 392.5, 395.13, 396.9, or compatible laws, or the North American uniform out-of-service criteria.
(17) "Positive alcohol confirmation test" means an alcohol confirmation test that:
(a) Has been conducted by a breath alcohol technician under 49 C.F.R. Part 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under circumstances that constitute the refusal of an alcohol test under 49 C.F.R. Part 40, will be considered equivalent to a report of a positive alcohol confirmation test for the purposes of this chapter.
(18) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a student transportation vehicle with a seating capacity of 10 or fewer persons, including the driver, or a bus used as a common carrier.
(19) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) Driving while using a personal electronic device, defined as a violation of RCW 46.61.672, which includes in the activities it prohibits driving while holding a personal electronic device in either or both hands and using a hand or finger for texting, or an equivalent administrative rule or local law, ordinance, rule, or resolution;
(d) A violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
(e) Driving a commercial motor vehicle without obtaining a commercial driver's license;
(f) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; however, any individual who provides proof to the court by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, is not guilty of a "serious traffic violation";
(g) Driving a commercial motor vehicle without the proper class of commercial driver's license endorsement or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported; and
(h) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, that the department determines by rule to be serious.
(20) "State" means a state of the United States and the District of Columbia.
(21) "Substance abuse professional" means an alcohol and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R. Sec. 40.281.
(22) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
(23) "Type of driving" means one of the following:
(a) "Nonexcepted interstate," which means the CDL or CLP holder or applicant operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. Part 391 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, and is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section;
(b) "Excepted interstate," which means the CDL or CLP holder or applicant operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. Secs. 390.3(f), 391.2, 391.68, or 398.3, as they existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, from all or parts of the qualification requirements of 49 C.F.R. Part 391 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, and is required to obtain a medical examiner's certificate in accordance with procedures provided in 49 C.F.R. Sec. 391.45 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section;
(c) "Nonexcepted intrastate," which means the CDL or CLP holder or applicant operates only in intrastate commerce and is required to obtain a medical examiner's certificate in accordance with procedures provided in 49 C.F.R. Sec. 391.45 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(d) "Excepted intrastate," which means the CDL or CLP holder wishes to maintain a CDL or CLP but not operate a commercial motor vehicle without changing his or her self-certification type.
(24) "United States" means the 50 states and the District of Columbia.
(25) "Collector truck" means a vehicle that:
(a) Has current registration;
(b) Is older than 30 years old;
(c) Is a vehicle that meets the weight criteria of subsection (6) of this section;
(d) Is capable of safely operating on the highway;
(e) Is used for occasional use to and from truck conventions, auto shows, circuses, parades, displays, special excursions, and antique vehicle club meetings;
(f) Is used for the pleasure of others without compensation; and
(g) Is not used in the operations of a common or contract motor carrier and not used for commercial purposes.
(26) "Collector truck operator" means an operator of a noncommercial vehicle that is being exclusively owned and operated as a collector truck.
[ 2025 c 372 s 6; 2023 c 35 s 1. Prior: 2019 c 195 s 1; 2019 c 44 s 3; 2019 c 44 s 2; 2018 c 49 s 4; prior: 2017 c 334 s 4; 2017 c 194 s 1; 2013 c 224 s 3; 2013 c 224 s 2; 2011 c 227 s 1; 2009 c 181 s 2; prior: 2006 c 327 s 2; 2006 c 50 s 1; 2005 c 325 s 2; 2004 c 187 s 2; 1996 c 30 s 1; 1989 c 178 s 3.]
Notes:
Effective date—2023 c 35: "This act takes effect November 18, 2024." [ 2023 c 35 s 11.]
Effective date—2019 c 195: "This act takes effect October 1, 2019." [ 2019 c 195 s 3.]
Effective date—2018 c 49: See note following RCW 46.25.055.
Effective date—2017 c 194: See note following RCW 46.25.054.
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 227 ss 1-3: See note following RCW 46.25.075.
Intent—2005 c 325: "It is the intent of the legislature to promote the safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful substances. The legislature recognizes that transit operators and their employers are an asset to the public transportation system and continuously strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting requirements serve only to enhance the current efforts of these dedicated employers and employees as they continue to provide a safe public transportation system to the citizens of Washington." [ 2005 c 325 s 1.]
Effective date—1996 c 30: "This act takes effect October 1, 1996." [ 1996 c 30 s 5.]

catchline: Definitions.


title: RCW 46.25.020

text:
No person who drives a commercial motor vehicle may have more than one driver's license.
[ 1989 c 178 s 4.]

catchline: One license limit.


title: RCW 46.25.030

text:
(1)(a) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the department in the manner specified by rule of the department within thirty days of the date of conviction.
(b) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his or her employer in writing of the conviction within thirty days of the date of conviction.
(c) The notification requirements contained in (a) and (b) of this subsection as they relate to the federal, provincial, territorial, or municipal laws of Canada become effective only when the federal law or federal rules are changed to require the notification or a bilateral or multilateral agreement is entered into between the state of Washington and any Canadian province implementing essentially the same standards of regulation and penalties of all parties as encompassed in this chapter.
(2) A driver whose driver's license is suspended, revoked, or canceled by a state, who loses the privilege to drive a commercial motor vehicle in a state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(3) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(a) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(b) The dates between which the applicant drove for each employer; and
(c) The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
[ 1989 c 178 s 5.]

catchline: Duties of driver—Notice to department and employer.


title: RCW 46.25.040

text:
(1) An employer shall require the applicant to provide the information specified in RCW 46.25.030(3).
(2) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(a) In which the driver has a driver's license suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(b) In which the driver has more than one driver's license.
[ 1989 c 178 s 6.]

catchline: Duties of employer.


title: RCW 46.25.050

text:
(1) Drivers of commercial motor vehicles must obtain a commercial driver's license as required under this chapter. Except when driving under a commercial learner's permit and a valid driver's license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person:
(a) Who is the operator of a farm vehicle, and the vehicle is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed gross vehicle weight, farm machinery, farm supplies, animal manure, animal manure compost, or any combination of those materials to or from a farm;
(iii) Not used in the operations of a common or contract motor carrier; and
(iv) Used within one hundred fifty miles of the person's farm; or
(b) Who is a firefighter or law enforcement officer operating emergency equipment, and:
(i) The firefighter or law enforcement officer has successfully completed a driver training course approved by the director; and
(ii) The firefighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or
(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose; or
(d) Who is operating a commercial motor vehicle for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians; or
(e) Who is a collector truck operator using the vehicle in accordance with RCW 46.25.010; or
(f) Who operates a student transportation vehicle other than a school bus as defined in RCW 46.25.010.
(2) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to disqualification, or in violation of an out-of-service order. Violations of this subsection shall be punished in the same way as violations of RCW 46.20.342(1).
(3) The department must, to the extent possible, enter into reciprocity agreements with adjoining states to allow the waivers described in subsection (1) of this section to apply to drivers holding commercial driver's licenses from those adjoining states.
[ 2025 c 372 s 7; 2019 c 195 s 2; 2013 c 224 s 4; 2011 c 142 s 1; 2006 c 327 s 3; 1995 c 393 s 1; 1990 c 56 s 1; 1989 c 178 s 7.]
Notes:
Effective date—2019 c 195: See note following RCW 46.25.010.
Effective date—2013 c 224: See note following RCW 46.01.130.

catchline: Commercial driver's license required—Exceptions, restrictions, reciprocity.


title: RCW 46.25.052

text:
(1) The department may issue a CLP to an applicant who is at least 18 years of age and holds a valid Washington state driver's license and who has:
(a) Submitted an application on a form or in a format provided by the department;
(b) Passed the general knowledge examination required for issuance of a CDL under RCW 46.25.060 for the commercial motor vehicle classification in which the applicant operates or expects to operate;
(c) Paid the appropriate examination fee or fees and an application fee of $10 until June 30, 2016, and $40 beginning July 1, 2016; and
(d) Not been prohibited from operating a commercial motor vehicle based on the department's query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 383.73.
(2) A CLP must be marked "commercial learner's permit" or "CLP," and must be, to the maximum extent practicable, tamperproof. Other than a photograph of the applicant, it must include, but not be limited to, the information required on a CDL under RCW 46.25.080(1).
(3) The holder of a CLP may drive a commercial motor vehicle on a highway only when in possession of a valid driver's license and accompanied by the holder of a valid CDL who has the proper CDL classification and endorsement or endorsements necessary to operate the commercial motor vehicle. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision.
(4) A CLP may be classified in the same manner as a CDL under RCW 46.25.080(2)(a).
(5) CLPs may be issued with only P, S, or N endorsements as described in RCW 46.25.080(2)(b).
(a) The holder of a CLP with a P endorsement must have taken and passed the P endorsement knowledge examination. The holder of a CLP with a P endorsement is prohibited from operating a commercial motor vehicle carrying passengers other than authorized employees or representatives of the department and the federal motor carrier safety administration, examiners, other trainees, and the CDL holder accompanying the CLP holder as required under subsection (2) of this section. The P endorsement must be class specific.
(b) The holder of a CLP with an S endorsement must have taken and passed the S endorsement knowledge examination. The holder of a CLP with an S endorsement is prohibited from operating a school bus with passengers other than authorized employees or representatives of the department and the federal motor carrier safety administration, examiners, other trainees, and the CDL holder accompanying the CLP holder as required under subsection (2) of this section.
(c) The holder of a CLP with an N endorsement must have taken and passed the N endorsement knowledge examination. The holder of a CLP with an N endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials and has not been purged of any residue.
(6) A CLP may be issued with appropriate restrictions as described in RCW 46.25.080(2)(c). In addition, a CLP may be issued with the following restrictions:
(a) "P" restricts the driver from operating a bus with passengers;
(b) "X" restricts the driver from operating a tank vehicle that contains cargo; and
(c) Any restriction as established by rule of the department.
(7) The holder of a CLP is not authorized to operate a commercial motor vehicle transporting hazardous materials.
(8) A CLP may not be issued for a period to exceed 180 days. The department may renew the CLP for one additional 180-day period without requiring the CLP holder to retake the general and endorsement knowledge examinations.
(9) The department must transmit the fees collected for CLPs to the state treasurer for deposit in the highway safety fund unless prior to July 1, 2023, the actions described in (a) or (b) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 206, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(a) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(c) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
[ 2023 c 35 s 2; 2021 c 317 s 22; 2015 3rd sp.s. c 44 s 206; 2013 c 224 s 5.]
Notes:
Effective date—2023 c 35: See note following RCW 46.25.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2013 c 224: See note following RCW 46.01.130.

catchline: Commercial learner's permit—Qualifications, authorized use, endorsements, restrictions, fee distribution.


title: RCW 46.25.054

text:
(1) The department may issue a nondomiciled CLP or CDL to a person who meets one of the following criteria:
(a) Is domiciled in a foreign country as provided in 49 C.F.R. Sec. 383.23(b)(1) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(b) Is domiciled in another state as provided in 49 C.F.R. Sec. 383.23(b)(2) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(2) A person applying for a nondomiciled CLP or CDL must:
(a) Surrender any nonresident or nondomiciled CLP or CDL issued by another state;
(b) Be in possession of a valid driver's license issued by this state or by his or her jurisdiction of domicile;
(c) Meet the requirements of 49 C.F.R. Sec. 383.71(f) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; and
(d) Be otherwise eligible and meet the applicable requirements for the issuance of a CLP or CDL under this chapter, including the payment of all appropriate fees.
(3) Before issuing a nondomiciled CLP or CDL, the department must establish the practical capability of disqualifying the person under the conditions applicable to a CLP or CDL issued to a resident of this state.
(4) A nondomiciled CLP or CDL issued under this section:
(a) Must be marked "non-domiciled" on the face of the document;
(b) Must include the information, be issued with the appropriate classifications, endorsements, and restrictions, and, except as may be limited under subsection (5) of this section, expire and be subject to renewal in the same manner as required for a CLP or CDL issued under this chapter;
(c) Permits operation of a commercial motor vehicle to the same extent as a CLP or CDL issued under this section; and
(d) Is valid only when accompanied by a valid driver's license issued by this state or by the person's jurisdiction of domicile.
(5) A nondomiciled CLP or CDL issued to an individual who has temporary lawful status or valid employment authorization in the United States:
(a) Is valid only when accompanied by an unexpired employment authorization document issued by the United States citizenship and immigration services or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States;
(b) Must expire no later than the expiration of the individual's employment authorization document or authorized stay in the United States, or if there is no expiration date for the employment authorization or authorized stay, one year from the date of issuance; and
(c) May be renewed if the individual presents valid documentary evidence that the employment authorization document or temporary lawful status in the United States is still in effect or has been extended.
(6) A person who has been issued a nondomiciled CLP or CDL:
(a) Is subject to all applicable requirements for and disqualifications from operating a commercial motor vehicle as provided under this chapter and is subject to the withdrawal of driving privileges as provided by this title; and
(b) Must notify the department of the issuance of any disqualifications or license suspensions or revocations, whether in the United States or in the person's jurisdiction of domicile.
[ 2017 c 194 s 4; 2017 c 194 s 3.]
Notes:
Effective date—2017 c 194 s 4: "Section 4 of this act takes effect June 1, 2018." [ 2017 c 194 s 6.]
Effective date—2017 c 194: "Except for section 4 of this act, this act takes effect October 1, 2017." [ 2017 c 194 s 5.]

catchline: Nondomiciled commercial driver's license and commercial learner's permit—Issuance, requirements.


title: RCW 46.25.055

text:
Except as provided in 49 C.F.R. Sec. 391.67 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, a person may not drive a commercial motor vehicle unless he or she is physically qualified to do so and is medically examined and certified in accordance with procedures provided in 49 C.F.R. Sec. 391.43 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
[ 2018 c 49 s 1; 2003 c 195 s 3.]
Notes:
Effective date—2019 c 44; 2018 c 49: "This act takes effect June 1, 2020." [ 2019 c 44 s 8; 2018 c 49 s 5.]
Effective date—2019 c 44 s 8: "Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 30, 2019." [ 2019 c 44 s 10.]
Findings—2003 c 195: See note following RCW 46.25.070.

catchline: Medical examination and certification—Required—Exception.


title: RCW 46.25.057

text:
(1) It is a traffic infraction for a licensee under this chapter to drive a commercial vehicle while downgraded for not maintaining a current medical certificate with the department.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she had, at the time the infraction took place, the medical examiner's certificate, the court shall reduce the penalty to fifty dollars.
[ 2018 c 49 s 2; 2003 c 195 s 4.]
Notes:
Effective date—2019 c 44; 2018 c 49: See note following RCW 46.25.055.
Findings—2003 c 195: See note following RCW 46.25.070.

catchline: Medical certificate—Failure to carry—Penalty.


title: RCW 46.25.060

text:
(1)(a) No person may be issued a commercial driver's license unless that person:
(i) Is a resident of this state;
(ii) Has successfully completed a course of instruction in the operation of a commercial motor vehicle that has been approved by the director or has been certified by an employer as having the skills and training necessary to operate a commercial motor vehicle safely;
(iii) If he or she does not hold a valid commercial driver's license of the appropriate classification, has been issued a commercial learner's permit under RCW 46.25.052;
(iv) Has passed a knowledge and skills examination for driving a commercial motor vehicle that complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. Part 383, subparts F, G, and H, in addition to other requirements imposed by state law or federal regulation. The department may not allow the person to take the skills examination during the first 14 days after initial issuance of the person's commercial learner's permit. The examinations must be prescribed and conducted by the department; and
(v) Is not prohibited from operating a commercial motor vehicle based on the department's query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 383.73.
(b) In addition to the fee charged for issuance or renewal of any license, the applicant shall pay a fee of no more than $10 until June 30, 2016, and $35 beginning July 1, 2016, for the classified knowledge examination, classified endorsement knowledge examination, or any combination of classified license and endorsement knowledge examinations. Before January 1, 2024, the applicant shall pay a fee of no more than $250 for up to two classified skill examinations or combination of classified skill examinations conducted by the department. Beginning January 1, 2024, the applicant shall pay a fee of no more than $175 for each examination.
(c) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills examination specified by this section under the following conditions:
(i) The examination is the same which would otherwise be administered by the state;
(ii) The third party has entered into an agreement with the state that complies with the requirements of 49 C.F.R. Sec. 383.75; and
(iii) The director has adopted rules as to the third party testing program and the development and justification for fees charged by any third party.
(d) Beginning July 1, 2016, if the applicant's primary use of a commercial driver's license is to drive a school bus, the applicant shall pay a fee of no more than $100 for the classified skill examination or combination of classified skill examinations conducted by the department.
(e) Before January 1, 2024, payment of the classified skill examination fee only entitles an applicant to take the classified skill examination up to two times in order to pass. Beginning January 1, 2024, payment of the examination fee entitles an applicant to take a classified skill examination once, except a test taken under (d) of this subsection, which entitles the applicant to take the classified skill examination up to two times in order to pass.
(2)(a) The department may waive all or part of the commercial driver's license or commercial learner's permit qualification standards for applicants who previously have voluntarily surrendered a commercial driver's license.
(b) The department may waive the skills examination and the requirement for completion of a course of instruction in the operation of a commercial motor vehicle specified in this section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Sec. 383.77. For current or former military service members that meet the requirements of 49 C.F.R. Sec. 383.77, the department may also waive the requirements for a knowledge test for commercial driver's license applicants. Beginning December 1, 2021, the department shall provide an annual report to the house and senate transportation committees and the joint committee on veterans' and military affairs of the legislature on the number and types of waivers granted pursuant to this subsection.
(c) An applicant who operates a commercial motor vehicle for agribusiness purposes is exempt from the course of instruction completion and employer skills and training certification requirements under this section. By January 1, 2010, the department shall submit recommendations regarding the continuance of this exemption to the transportation committees of the legislature. For purposes of this subsection (2)(c), "agribusiness" means a private carrier who in the normal course of business primarily transports:
(i) Farm machinery, farm equipment, implements of husbandry, farm supplies, and materials used in farming;
(ii) Agricultural inputs, such as seed, feed, fertilizer, and crop protection products;
(iii) Unprocessed agricultural commodities, as defined in RCW 17.21.020, where such commodities are produced by farmers, ranchers, vineyardists, or orchardists; or
(iv) Any combination of (c)(i) through (iii) of this subsection.
The department shall notify the transportation committees of the legislature if the federal government takes action affecting the exemption provided in this subsection (2)(c).
(3) A commercial driver's license or commercial learner's permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state for cancellation.
(4) The fees under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a) or (b) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 207, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(a) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(c) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
[ 2023 c 57 s 2; 2023 c 35 s 3; 2021 c 317 s 23; 2020 c 78 s 2; 2015 3rd sp.s. c 44 s 207; 2013 c 224 s 6; 2011 c 153 s 1; 2009 c 339 s 1; 2007 c 418 s 1; 2004 c 187 s 3; 2002 c 352 s 18; 1989 c 178 s 8.]
Notes:
Reviser's note: This section was amended by 2023 c 35 s 3 and by 2023 c 57 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 57: See note following RCW 46.25.088.
Effective date—2023 c 35: See note following RCW 46.25.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Legislative intent—Value—2020 c 78: "Over half a million United States military veterans live in Washington state and contribute to the state's economic vitality. While active military, many trained in civilian occupations and were well-prepared to contribute to the state as civilians once they left military service. However, many job markets are regulated through licensing, and veterans can find themselves at a disadvantage in obtaining these licenses compared with those trained in the private sector.
Commercial truck and bus drivers are in high demand; individuals are required to have commercial driver's licenses to qualify for these jobs. In the case of military veterans who obtain the necessary driving experience while in the military, there is already a waiver program in place to enable these veterans to waive out of the skills examination and course of instruction requirements. However, they are still required to take the knowledge test to obtain a commercial driver's license in Washington.
The legislature believes that expanding the waiver program to include the knowledge test will remove an unnecessary obstacle for qualifying veterans. The legislature values the military service of veterans and believes that the removal of this barrier will enable qualifying veterans to more quickly apply the skills they acquired in the military to serve their communities as they have served the country." [ 2020 c 78 s 1.]
Effective date—2020 c 78: "This act takes effect January 1, 2021." [ 2020 c 78 s 3.]
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 153: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 c 153 s 2.]
Effective date—2007 c 418: "This act takes effect January 15, 2008." [ 2007 c 418 s 2.]
Effective dates—2002 c 352: See note following RCW 46.09.410.

catchline: Knowledge and skills examination, exemptions, fee distribution.


title: RCW 46.25.070

text:
(1) The application for a commercial driver's license or commercial learner's permit must include the following:
(a) The full name and current mailing and residential address of the person;
(b) A physical description of the person, including sex, height, weight, and eye color;
(c) Date of birth;
(d) Except in the case of an applicant for a nondomiciled CLP or CDL who is domiciled in a foreign country and who has not been issued a social security number, the applicant's social security number;
(e) The person's signature;
(f) Certifications including those required by 49 C.F.R. Sec. 383.71;
(g) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years;
(h) Any other information required by the department; and
(i) A consent to release driving record information to parties identified in chapter 46.52 RCW and this chapter.
(2) An applicant for a commercial driver's license or commercial learner's permit, and every licensee seeking to renew his or her license, must meet the requirements of 49 C.F.R. Sec. 383.71 as it existed on July 8, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(3) An applicant for a hazardous materials endorsement must submit an application and comply with federal transportation security administration requirements as specified in 49 C.F.R. Part 1572.
(4) When a licensee changes his or her name, mailing address, or residence address, the person shall notify the department as provided in RCW 46.20.205.
(5) No person who has been a resident of this state for thirty days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
[ 2017 c 194 s 2; 2013 c 224 s 7; 2004 c 187 s 4; 2003 c 195 s 2; 1991 c 73 s 2; 1989 c 178 s 9.]
Notes:
Effective date—2017 c 194: See note following RCW 46.25.054.
Effective date—2013 c 224: See note following RCW 46.01.130.
Findings—2003 c 195: "The legislature finds that current economic conditions impose severe hardships on many commercial vehicle drivers. The legislature finds that commercial drivers who may not currently be working may not be able to afford the expense of a required physical in order to maintain their commercial driver's license. The legislature finds that Washington's commercial driver's license statutes should be harmonized with federal requirements, which require proof of a physical capacity to drive a commercial vehicle, along with a valid commercial driver's license, but do not link the two requirements. The legislature finds that allowing commercial drivers to delay getting a physical until they are actually driving a commercial vehicle will prevent the imposition of unnecessary expense and hardship on Washington's commercial vehicle drivers." [ 2003 c 195 s 1.]

catchline: Application—Change of address, name—Residency—Hazardous materials endorsement.


title: RCW 46.25.075

text:
(1) Any person applying for a CDL or CLP must certify that he or she is or expects to be engaged in one of the following types of driving:
(a) Nonexcepted interstate;
(b) Excepted interstate;
(c) Nonexcepted intrastate; or
(d) Excepted intrastate.
(2) A CDL or CLP applicant or holder who certifies under subsection (1)(a), (b), or (c) of this section that he or she is or expects to be engaged in nonexcepted interstate, excepted interstate, or nonexcepted intrastate commerce must provide a copy of a medical examiner's certificate prepared by a medical examiner, as defined in 49 C.F.R. Sec. 390.5 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. A CDL or CLP holder who certifies under subsection (1)(a), (b), or (c) of this section must provide a copy of each subsequently issued medical examiner's certificate.
(3) For each operator of a commercial motor vehicle required to have a CDL or CLP, the department must meet the following requirements:
(a)(i) The driver's self-certification of type of driving under subsection (1) of this section must be maintained on the driver's record and the CDLIS driver record;
(ii) The copy of a medical examiner's certificate, when provided under subsection (2) of this section, must be retained for three years beyond the date the certificate was issued; and
(iii) When a medical examiner's certificate is provided under subsection (2) of this section, the information required under 49 C.F.R. Sec. 383.73 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section must be posted to the CDLIS driver record within ten calendar days from the date provided. The indicator of medical certification status, such as "certified" or "not-certified," must be maintained on the driver's record.
(b) Within ten calendar days of the driver's medical certification status expiring or a medical variance expiring or being rescinded, the medical certification status of the driver must be updated to "not-certified."
(c) Within ten calendar days of receiving information from the federal motor carrier safety administration or the department regarding issuance or renewal of a medical variance for a driver, the department must update the CDLIS driver record to include the medical variance information.
(4) Upon receiving an electronic copy of the medical examiner's certificate from the federal motor carrier safety administration, the department must post a medical qualification status of "certified" on the CDLIS driver record for the driver.
(5)(a) If a driver's medical certification or medical variance expires, or the federal motor carrier safety administration or issuing medical examiner notifies the department that a medical variance was removed or rescinded, the department must:
(i) Notify the driver of his or her "not-certified" medical certification status and that the privilege of operating a commercial motor vehicle will be removed from the CDL or CLP unless the driver provides a current medical certificate or medical variance, or changes his or her self-certification to driving in excepted intrastate commerce; and
(ii) Initiate procedures for downgrading the CDL or CLP. The CDL or CLP downgrade must be completed and recorded within sixty days of the driver's medical certification status becoming "not-certified" to operate a commercial motor vehicle.
(b) If a driver fails to provide the department with the certification required in subsection (1) of this section, or a current medical examiner's certificate if the driver self-certifies under subsection (1)(a), (b), or (c) of this section that he or she is operating in nonexcepted interstate, excepted interstate, or nonexcepted intrastate commerce as required in subsection (2) of this section, the department must mark the CDLIS driver record as "not-certified" and initiate a CDL or CLP downgrade in accordance with (a)(ii) of this subsection.
(c) A driver whose CDL or CLP has been downgraded under this subsection may restore the CDL or CLP privilege by providing the necessary certifications or medical variance information to the department.
[ 2018 c 49 s 3; 2013 c 224 s 8; 2011 c 227 s 3.]
Notes:
Effective date—2019 c 44; 2018 c 49: See note following RCW 46.25.055.
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 227 ss 1-3: "Sections 1 through 3 of this act take effect January 30, 2012." [ 2011 c 227 s 7.]


title: RCW 46.25.080

text:
(1) The commercial driver's license must be marked "commercial driver's license" or "CDL," and must be, to the maximum extent practicable, tamperproof. It must include, but not be limited to, the following information:
(a) The name and residence address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex, height, weight, and eye color;
(d) Date of birth;
(e) The person's social security number or any number or identifier deemed appropriate by the department;
(f) The person's signature;
(g) The class or type of commercial motor vehicle or vehicles that the person is authorized to drive, together with any endorsements or restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver's licenses may be issued with the classifications, endorsements, and restrictions set forth in this subsection. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.
(a) Licenses may be classified as follows:
(i) Class A is a combination vehicle.
(ii) Class B is a heavy straight vehicle.
(iii) Class C is a small vehicle that is:
(A) Designed to transport sixteen or more passengers, including the driver; or
(B) Used in the transportation of hazardous materials.
(b) The following endorsements may be placed on a license:
(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.
(ii) "T" authorizes driving double and triple trailers.
(iii) "P" authorizes driving vehicles carrying passengers, other than school buses.
(iv) "N" authorizes driving tank vehicles.
(v) "X" represents a combination of hazardous materials and tank vehicle endorsements.
(vi) "S" authorizes driving school buses.
(c) The following restrictions may be placed on a license:
(i) "E" restricts the driver from operating a commercial motor vehicle equipped with a manual transmission.
(ii) "K" restricts the driver from interstate operation of a commercial motor vehicle.
(iii) "L" restricts the driver from operating a commercial motor vehicle equipped with air brakes.
(iv) "M" restricts the driver from operating class A passenger vehicles.
(v) "N" restricts the driver from operating class A and B passenger vehicles.
(vi) "O" restricts the driver from operating tractor-trailer commercial motor vehicles.
(vii) "V" means that the driver has been issued a medical variance.
(viii) "Z" restricts the driver from operating a commercial motor vehicle equipped with full air brakes.
(d) The license may be issued with additional endorsements and restrictions as established by rule of the director.
[ 2013 c 224 s 9; 2011 c 227 s 2. Prior: 2004 c 249 s 8; 2004 c 187 s 5; 1996 c 30 s 2; 1989 c 178 s 10.]
Notes:
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 227 ss 1-3: See note following RCW 46.25.075.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.

catchline: License contents, classifications, endorsements, restrictions.


title: RCW 46.25.082

text:
(1)(a) Before issuing a CDL or CLP, the department must obtain driving record information:
(i) Through the commercial driver's license information system;
(ii) Through the national driver register;
(iii) From the current state of record; and
(iv) From all states where the applicant was previously licensed over the last 10 years to drive any type of motor vehicle.
(b) A driving record check under (a)(iv) of this subsection need only be performed once at the time of initial issuance of a CDL or CLP, provided a notation is made on the driver's record confirming that the driving record check has been made and noting the date it was completed.
(2) Within 10 days after issuing a CDL or CLP, the department must notify the commercial driver's license information system of the information required under 49 C.F.R. Sec. 383.73 as it existed on July 8, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section and provide all information required to ensure identification of the person.
(3) Every district court, municipal court, and clerk of a superior court shall report a traffic conviction of a CDL or CLP holder so that the conviction may be posted to the record in the commercial driver's license information system. No state, county, or municipal official or employee may take any action to mask, defer imposition of judgment, or allow entry into a diversion or alternative disposition program.
[ 2025 c 23 s 10; 2013 c 224 s 10.]
Notes:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2013 c 224: See note following RCW 46.01.130.

catchline: Driving record information.


title: RCW 46.25.085

text:
(1) The department may not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous material in commerce unless the federal transportation security administration has determined that the individual does not pose a security risk warranting denial of the endorsement.
(2) An individual who is prohibited from holding a commercial driver's license with a hazardous materials endorsement under 49 C.F.R. 1572.5 must surrender any hazardous materials endorsement in his or her possession to the department.
(3) The department may adopt such rules as may be necessary to comply with the provisions of 49 C.F.R. part 1572.
[ 2004 c 187 s 6.]

catchline: Hazardous materials endorsement.


title: RCW 46.25.088

text:
(1) A CDL expires in the same manner as provided in RCW 46.20.181.
(2) When applying for renewal of a CDL, the applicant must:
(a) Complete the application form required under RCW 46.25.070(1), providing updated information and required certifications, and meet all the requirements of RCW 46.25.070 and 49 C.F.R. Sec. 383.71; and
(b) If the applicant wishes to retain a hazardous materials endorsement, take and pass the written test for a hazardous materials endorsement.
(3) The department must not renew a CDL if the CDL holder is prohibited from operating a commercial motor vehicle based on a query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 383.73.
[ 2023 c 57 s 1; 2023 c 35 s 4; 2013 c 224 s 11.]
Notes:
Reviser's note: This section was amended by 2023 c 35 s 4 and by 2023 c 57 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 57: "This act takes effect January 1, 2024." [ 2023 c 57 s 3.]
Effective date—2023 c 35: See note following RCW 46.25.010.
Effective date—2013 c 224: See note following RCW 46.01.130.

catchline: Expiration—Renewal.


title: RCW 46.25.090

text:
(1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to RCW 46.20.308 or 46.25.120, or if the person has been convicted of a first violation, within this or any other jurisdiction, of:
(a) Driving a motor vehicle under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more or any measurable amount of THC concentration, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age 21, or with a THC concentration of 5.00 nanograms per milliliter of whole blood or more, or a THC concentration above 0.00 if the person is under the age of 21, as determined by any testing methods approved by law in this state or any other state or jurisdiction;
(c) Leaving the scene of an accident involving a motor vehicle driven by the person;
(d) Using a motor vehicle in the commission of a felony;
(e) Refusing to submit to a test or tests to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle;
(f) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(g) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.
If any of the violations set forth in this subsection occurred while transporting hazardous material, the person is disqualified for a period of not less than three years.
(2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those offenses, arising from two or more separate incidents.
(3) The department may adopt rules, in accordance with federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection (2) of this section may be reduced to a period of not less than 10 years.
(4) A person is disqualified from driving a commercial motor vehicle for life who:
(a) Uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by chapter 69.50 RCW; or
(b) Uses a motor vehicle in the commission of any trafficking offense under RCW 9A.40.100, which offenses are deemed consistent with felonies involving severe forms of trafficking in persons as described by the federal motor carrier safety administration.
(5)(a) A person is disqualified from driving a commercial motor vehicle for a period of:
(i) Not less than 60 days if:
(A) Convicted of or found to have committed a second serious traffic violation while driving a commercial motor vehicle; or
(B) Convicted of reckless driving, where there has been a prior serious traffic violation; or
(ii) Not less than 120 days if:
(A) Convicted of or found to have committed a third or subsequent serious traffic violation while driving a commercial motor vehicle; or
(B) Convicted of reckless driving, where there has been two or more prior serious traffic violations.
(b) The disqualification period under (a)(ii) of this subsection must be in addition to any other previous period of disqualification.
(c) For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding that a driver has committed a serious traffic violation while driving a commercial motor vehicle or noncommercial motor vehicle, arising from a separate incident occurring within a three-year period, must be counted.
(6) A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than 180 days nor more than one year if convicted of or found to have committed a first violation of an out-of-service order while driving a commercial vehicle;
(b) Not less than two years nor more than five years if, during a 10-year period, the person is convicted of or is found to have committed two violations of out-of-service orders while driving a commercial motor vehicle in separate incidents;
(c) Not less than three years nor more than five years if, during a 10-year period, the person is convicted of or is found to have committed three or more violations of out-of-service orders while driving commercial motor vehicles in separate incidents;
(d) Not less than 180 days nor more than two years if the person is convicted of or is found to have committed a first violation of an out-of-service order while transporting hazardous materials, or while operating motor vehicles designed to transport 16 or more passengers, including the driver. A person is disqualified for a period of not less than three years nor more than five years if, during a 10-year period, the person is convicted of or is found to have committed subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver.
(7)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of this subsection if he or she is convicted of or is found to have committed one of the following six offenses at a railroad-highway grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:
(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment;
(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(iii) For drivers who are always required to stop, failing to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device or the directions of an enforcement officer at the crossing;
(vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial motor vehicle for a period of:
(i) Not less than 60 days if the driver is convicted of or is found to have committed a first violation of a railroad-highway grade crossing violation;
(ii) Not less than 120 days if the driver is convicted of or is found to have committed a second railroad-highway grade crossing violation in separate incidents within a three-year period;
(iii) Not less than one year if the driver is convicted of or is found to have committed a third or subsequent railroad-highway grade crossing violation in separate incidents within a three-year period.
(8) A person is disqualified from driving a commercial motor vehicle for not more than one year if a report has been received by the department from the federal motor carrier safety administration that the person's driving has been determined to constitute an imminent hazard as defined by 49 C.F.R. 383.5. A person who is simultaneously disqualified from driving a commercial motor vehicle under this subsection and under other provisions of this chapter, or under 49 C.F.R. 383.52, shall serve those disqualification periods concurrently.
(9) Within 10 days after suspending, revoking, or canceling a commercial driver's license or disqualifying a driver from operating a commercial motor vehicle, the department shall update its records to reflect that action.
[ 2023 c 35 s 6; 2022 c 51 s 1; 2017 c 87 s 5; 2013 2nd sp.s. c 35 s 10; 2011 c 227 s 4; 2006 c 327 s 4; 2005 c 325 s 5; 2004 c 187 s 7. Prior: 2002 c 272 s 3; 2002 c 193 s 1; 1996 c 30 s 3; 1989 c 178 s 11.]
Notes:
Effective date—2023 c 35: See note following RCW 46.25.010.
Effective date—2022 c 51: "This act takes effect September 23, 2022." [ 2022 c 51 s 2.]
Intent—2005 c 325: See note following RCW 46.25.010.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.

catchline: Disqualification—Grounds for, period of—Records.


title: RCW 46.25.100

text:
(1) When a person has been disqualified from operating a commercial motor vehicle, the person is not entitled to have the commercial driver's license or commercial learner's permit restored until after the expiration of the appropriate disqualification period required under RCW 46.25.090. After expiration of the appropriate period and upon payment of a requalification fee of $20 until June 30, 2016, and $35 beginning July 1, 2016, the person may apply for a new, duplicate, or renewal commercial driver's license or commercial learner's permit as provided by law. If the person has been disqualified for a period of one year or more, the person shall demonstrate that he or she meets the commercial driver's license or commercial learner's permit qualification standards specified in RCW 46.25.060.
(2) The fees under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a) or (b) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 208, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(a) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(c) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
[ 2023 c 35 s 5; 2021 c 317 s 20; 2015 3rd sp.s. c 44 s 208; 2013 c 224 s 12; 2002 c 272 s 4; 1989 c 178 s 12.]
Notes:
Effective date—2023 c 35: See note following RCW 46.25.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2013 c 224: See note following RCW 46.01.130.

catchline: Restoration after disqualification—Requalification fee, fee distribution.


title: RCW 46.25.105

text:
(1) The department, upon receiving notification that pursuant to 49 C.F.R. Sec. 382 that a Washington state CLP or CDL holder is prohibited from operating a commercial motor vehicle, must initiate a downgrade of the CLP or CDL. The downgrade must be completed and recorded on the CDLIS driver record within 60 days of the department's receipt of such notification.
(2) Any administrative review made available by the federal motor carrier safety administration is the exclusive remedy for a CDL or CLP holder to contest administrative or clerical errors in the information sent to the department from the drug and alcohol clearinghouse.
(3) When the department receives notification that a CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle under subsection (1) of this section, the department must remove the downgrade or pending downgrade.
(4) If the federal motor carrier safety administration notifies the state that the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall: Remove the downgrade and remove any reference related to the driver's erroneous prohibited status from CDLIS and the driver's record.
[ 2023 c 35 s 7.]
Notes:
Effective date—2023 c 35: See note following RCW 46.25.010.

catchline: Downgrade of commercial learner's permit or commercial driver's license—Review—Removal of downgrade—Erroneous identification.


title: RCW 46.25.110

text:
(1) Notwithstanding any other provision of Title 46 RCW, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol or THC in his or her system.
(2) Law enforcement or appropriate officials shall issue an out-of-service order valid for twenty-four hours against a person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol or THC in his or her system or who refuses to take a test to determine his or her alcohol content or THC concentration as provided by RCW 46.25.120.
[ 2013 2nd sp.s. c 35 s 11; 1989 c 178 s 13.]

catchline: Driving with alcohol or THC in system.