title: RCW 46.20.333

text:
In all cases not heard by the director or a person authorized by him or her to make final decisions regarding the issuance, denial, suspension, or revocation of licenses the director, or a person so authorized shall review the records, evidence, and the findings after a formal hearing, and shall render a decision sustaining, modifying, or reversing the order of suspension or revocation or the refusal to grant, or renew a license or the order imposing terms or conditions of probation, or may set aside the prior action of the department and may direct that probation be granted to the applicant or licensee and in such case may fix the terms and conditions of the probation.
[ 2010 c 8 s 9024; 1972 ex.s. c 29 s 3; 1965 ex.s. c 121 s 38.]

catchline: Decision after formal hearing.


doc_type: statute

jurisdiction: wa

title: RCW 46.20.334

text:
Unless otherwise provided by law, any person denied a license or a renewal of a license or whose license has been suspended or revoked by the department shall have the right within thirty days, after receiving notice of the decision following a formal hearing to file a notice of appeal in the superior court in the county of his or her residence. The hearing on the appeal hereunder shall be de novo.
[ 2010 c 8 s 9025; 2005 c 288 s 7; 1972 ex.s. c 29 s 4; 1965 ex.s. c 121 s 39.]
Notes:
Effective date—2005 c 288: See note following RCW 46.20.245.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Appeal to superior court.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.20.335

text:
Whenever by any provision of this chapter the department has discretionary authority to suspend or revoke the privilege of a person to operate a motor vehicle, the department may in lieu of a suspension or revocation place the person on probation, the terms of which may include a suspension as a condition of probation, and upon such other reasonable terms and conditions as shall be deemed by the department to be appropriate.
[ 1965 ex.s. c 121 s 40.]

catchline: Probation in lieu of suspension or revocation.


title: RCW 46.20.338

text:
It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identicard.
[ 1990 c 210 s 4.]

catchline: Display or possession of invalidated license or identicard.


title: RCW 46.20.341

text:
(1)(a) A person who violates RCW 46.20.342(1)(c)(iv) in a jurisdiction that does not have a relicensing diversion program shall be provided with an abstract of his or her driving record by the court or the prosecuting attorney, in addition to a list of his or her unpaid traffic offense related fines and the contact information for each jurisdiction or collection agency to which money is owed.
(b) A fee of up to twenty dollars may be imposed by the court in addition to any fee required by the department for provision of the driving abstract.
(2)(a) Superior courts or courts of limited jurisdiction in counties or cities are authorized to participate or provide relicensing diversion programs to persons who violate RCW 46.20.342(1)(c)(iv).
(b) Eligibility for the relicensing diversion program shall be limited to violators with no more than four convictions under RCW 46.20.342(1)(c)(iv) in the ten years preceding the date of entering the relicensing diversion program, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court. People subject to arrest under a warrant are not eligible for the diversion program.
(c) The diversion option may be offered at the discretion of the prosecuting attorney before charges are filed, or by the court after charges are filed.
(d) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation of RCW 46.20.342(1)(c)(iv) may not participate in the diversion program under this section.
(e) A relicensing diversion program that is structured to occur after charges are filed may charge participants a one-time fee of up to one hundred dollars, which is not subject to chapters 3.50, 3.62, and 35.20 RCW, and shall be used to support administration of the program. The fee of up to one hundred dollars shall be included in the total to be paid by the participant in the relicensing diversion program.
(3) A relicensing diversion program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.
(4)(a) Counties and cities that operate relicensing diversion programs shall, subject to available funds, provide information to the administrative office of the courts on an annual basis regarding the eligibility criteria used for the program, the number of referrals from law enforcement, the number of participants accepted into the program, the number of participants who regain their driver's license and insurance, the total amount of fines collected, the costs associated with the program, and other information as determined by the office.
(b) The administrative office of the courts is directed, subject to available funds, to compile and analyze the data required to be submitted in this section and develop recommendations for a best practices model for relicensing diversion programs.
[ 2009 c 490 s 1.]

catchline: Relicensing diversion programs—Program information to administrative office of the courts.


title: RCW 46.20.342

text:
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than 10 days. Upon the second conviction, the person shall be punished by imprisonment for not less than 90 days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than 180 days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than 90 days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.212(5), relating to reckless endangerment of emergency zone workers;
(ix) A conviction of RCW 46.61.500, relating to reckless driving;
(x) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xii) A conviction of RCW 46.61.522, relating to vehicular assault;
(xiii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
(xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
(xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xviii) A conviction of RCW 46.61.5259, relating to negligent driving with a vulnerable user victim in the first degree;
(xix) An administrative action taken by the department under this chapter;
(xx) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
(xxi) A finding that a person has committed a traffic infraction under RCW 46.61.526 and suspension of driving privileges pursuant to RCW 46.61.526 (4)(b) or (7)(a)(ii).
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because:
(i) The person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program;
(ii) The person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW;
(iii) The person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents;
(iv) The person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a hearing for a moving violation, or failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289(1);
(v) The person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license;
(vi) The person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation;
(vii) The person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses; or
(viii) The person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320, or any combination of (c)(i) through (viii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
(d) For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.
(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
[ 2023 c 471 s 3; 2021 c 240 s 9; 2015 c 149 s 1; 2011 c 372 s 2. Prior: 2010 c 269 s 7; 2010 c 252 s 4; 2008 c 282 s 4; 2004 c 95 s 5; 2001 c 325 s 3; 2000 c 115 s 8; 1999 c 274 s 3; 1993 c 501 s 6; 1992 c 130 s 1; 1991 c 293 s 6; prior: 1990 c 250 s 47; 1990 c 210 s 5; 1987 c 388 s 1; 1985 c 302 s 3; 1980 c 148 s 3; prior: 1979 ex.s. c 136 s 62; 1979 ex.s. c 74 s 1; 1969 c 27 s 2; prior: 1967 ex.s. c 145 s 52; 1967 c 167 s 7; 1965 ex.s. c 121 s 43.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Effective date—2021 c 240: See note following RCW 46.63.060.
Application—Effective date—2011 c 372: See notes following RCW 46.61.526.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2010 c 252: See note following RCW 46.61.212.
Effective date—2008 c 282: See note following RCW 46.20.308.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Effective date—Expiration date—1987 c 388: "Sections 1 through 8 of this act shall take effect on July 1, 1988. The director of licensing shall take such steps as are necessary to insure that this act is implemented on its effective date. Sections 2 through 7 of this act shall expire on July 1, 1993." [ 1987 c 388 s 13.]
Severability—1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 388 s 16.]
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.

catchline: Driving while license invalidated—Penalties—Extension of invalidation.


title: RCW 46.20.345

text:
Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this title shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. A person who violates the provisions of this section is guilty of a gross misdemeanor.
[ 1990 c 210 s 6; 1985 c 302 s 5; 1967 c 32 s 35; 1961 c 134 s 2. Formerly RCW 46.20.420.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.

catchline: Operation under other license or permit while license suspended or revoked—Penalty.


title: RCW 46.20.349

text:
Any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his or her driver's license upon request of the police officer.
[ 2010 c 8 s 9026; 1979 c 158 s 152; 1965 ex.s. c 170 s 47. Formerly RCW 46.20.430.]

catchline: Stopping vehicle of suspended or revoked driver.


title: RCW 46.20.355

text:
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt of a notice of conviction of RCW 46.61.502 or 46.61.504, the department of licensing shall issue notice that 45 days after receipt, the person must apply for a probationary license, and order the person to surrender any nonprobationary Washington state driver's license that may be in his or her possession.
(2) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060 or 46.61.5055 for a period of five years from the date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon reinstatement or reissuance of a driver's license suspended or revoked as the result of a conviction of RCW 46.61.502 or 46.61.504, the department shall require the person to obtain a probationary license in order to operate a motor vehicle in the state of Washington, except as otherwise exempt under RCW 46.20.025. The department shall not issue the probationary license unless the person is otherwise qualified for licensing, and the person must renew the probationary license on the same cycle as the person's regular license would have been renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.
(4) If a person is eligible for full credit under RCW 46.61.5055(9)(b)(ii) and, by the date specified in the notice issued under RCW 46.20.245, has completed the requirements under RCW 46.20.311 and paid the fee under subsection (5) of this section, the department shall issue a probationary license on the date specified in the notice with no further action required of the person.
(5) For each original issue or renewal of a probationary license under this section, the department shall charge a fee of $50 in addition to any other licensing fees required. Except for when renewing a probationary license, the department shall waive the requirement to obtain an additional probationary license and the $50 fee if the person has a probationary license in his or her possession at the time a new probationary license is required.
(6) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status. The fact that a person's driving privilege is in probationary status or that the person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.
[ 2024 c 306 s 26; 2020 c 330 s 8. Prior: 1998 c 209 s 3; 1998 c 41 s 5; 1995 1st sp.s. c 17 s 1; 1995 c 332 s 4; 1994 c 275 s 8.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—1998 c 209: See note following RCW 46.20.308.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1995 1st sp.s. c 17: "This act shall take effect September 1, 1995." [ 1995 1st sp.s. c 17 s 3.]
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

catchline: Alcohol violator—Probationary license.


title: RCW 46.20.380

text:
No person may file an application for an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license as provided in RCW 46.20.391 and 46.20.385 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of one hundred dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.
[ 2008 c 282 s 5; 2004 c 95 s 6; 1985 ex.s. c 1 s 6; 1979 c 61 s 12; 1967 c 32 s 31; 1961 c 12 s 46.20.380. Prior: 1957 c 268 s 1.]
Notes:
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.

catchline: Fee.


title: RCW 46.20.385

text:
(1)(a) Any person licensed under this chapter or who has a valid driver's license from another state, who is convicted of: (i) A violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance, or (ii) a violation of RCW 46.61.520(1)(a) or an equivalent local or out-of-state statute or ordinance, or (iii) a conviction for a violation of RCW 46.61.520(1) (b) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520(1)(a), or (iv) RCW 46.61.522(1)(b) or an equivalent local or out-of-state statute or ordinance, or (v) RCW 46.61.522(1) (a) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522(1)(b) committed while under the influence of intoxicating liquor or any drug, or (vi) who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, or has had his or her license suspended, revoked, or denied under RCW 46.61.5055(11)(c)(i), or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.
(b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308 or after his or her license is suspended, revoked, or denied.
(c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial, unless otherwise permitted under RCW 46.20.720(6).
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
(6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty-one dollars per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional fee to the department, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee.
(b) The department shall deposit the proceeds of the twenty-one dollar fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.
(8)(a) Any person licensed under this chapter who is convicted of a violation of RCW 46.61.500 when the charge was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver's license under this section.
(b) A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license. The department may require the person to take any driver's licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver's license under RCW 46.20.391.
[ 2024 c 306 s 27; 2020 c 330 s 9; 2017 c 336 s 4; 2016 c 203 s 13; 2015 2nd sp.s. c 3 s 3; 2013 2nd sp.s. c 35 s 20; 2012 c 183 s 8; 2011 c 293 s 1; 2010 c 269 s 1; 2008 c 282 s 9.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: "Sections 1 through 9 of this act take effect September 1, 2011." [ 2011 c 293 s 16.]
Effective date—2010 c 269: "This act takes effect January 1, 2011." [ 2010 c 269 s 12.]

catchline: Ignition interlock driver's license—Application—Eligibility—Cancellation—Costs—Rules.


title: RCW 46.20.391

text:
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
[ 2021 c 240 s 10; 2012 c 82 s 2; 2010 c 269 s 2; 2008 c 282 s 6; 2004 c 95 s 7. Prior: 1999 c 274 s 4; 1999 c 272 s 1; prior: 1998 c 209 s 4; 1998 c 207 s 9; 1995 c 332 s 12; 1994 c 275 s 29; 1985 c 407 s 5; 1983 c 165 s 24; 1983 c 165 s 23; 1983 c 164 s 4; 1979 c 61 s 13; 1973 c 5 s 1.]
Notes:
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 272: "This act takes effect January 1, 2000." [ 1999 c 272 s 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
PDF
RCW 46.20.391
Temporary restricted, occupational licenses—Application—Eligibility—Restrictions—Cancellation. (Effective January 1, 2029.)
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a 12-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than 14 days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4)(a)(i) If a person has applied for a temporary restricted driver's license because the person's license has been suspended under RCW 46.61.500(2), the terms of a license issued under this section must require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(ii) If a person has applied for an occupational driver's license because the person's license has been suspended administratively as a result of an accumulation of moving violations under RCW 46.20.2892, and at least one of the violations was for excessive speeding, the terms of an occupational driver's license issued under this section must require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(b) A person subject to the requirements in (a) of this subsection may not operate a motor vehicle without such a properly functioning device during the duration of the license.
(c)(i) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
(ii) The obligation under this subsection (4) to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
(5) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(6) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
[ 2025 c 228 s 13; 2021 c 240 s 10; 2012 c 82 s 2; 2010 c 269 s 2; 2008 c 282 s 6; 2004 c 95 s 7. Prior: 1999 c 274 s 4; 1999 c 272 s 1; prior: 1998 c 209 s 4; 1998 c 207 s 9; 1995 c 332 s 12; 1994 c 275 s 29; 1985 c 407 s 5; 1983 c 165 s 24; 1983 c 165 s 23; 1983 c 164 s 4; 1979 c 61 s 13; 1973 c 5 s 1.]
Notes:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 272: "This act takes effect January 1, 2000." [ 1999 c 272 s 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.

catchline: Temporary restricted, occupational licenses—Application—Eligibility—Restrictions—Cancellation. (Effective until January 1, 2029.)


title: RCW 46.20.394

text:
In issuing an occupational or a temporary restricted driver's license under RCW 46.20.391, the department shall describe the type of qualifying circumstances for the license and shall set forth in detail the specific hours of the day during which the person may drive to and from his or her residence, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational or temporary restricted driver's license that meets the qualifying circumstance under RCW 46.20.391(3)(b)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational or temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.
[ 2004 c 95 s 8; 1999 c 272 s 2; 1983 c 165 s 26.]
Notes:
Effective date—1999 c 272: See note following RCW 46.20.391.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.

catchline: Detailed restrictions—Violation.


title: RCW 46.20.400

text:
If an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's license may be issued to such person until he or she surrenders his or her occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license and his or her copy of the order, and the director is satisfied that the person complies with all other provisions of law relative to the issuance of a driver's license.
[ 2008 c 282 s 7; 2004 c 95 s 9; 1967 c 32 s 33; 1961 c 12 s 46.20.400. Prior: 1957 c 268 s 3.]
Notes:
Effective date—2008 c 282: See note following RCW 46.20.308.

catchline: Obtaining new driver's license—Surrender of order and current license.


title: RCW 46.20.410

text:
(1) Any person convicted for violation of any restriction of an occupational driver's license or a temporary restricted driver's license shall in addition to the cancellation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.
(2) It is a gross misdemeanor for a person to violate any restriction of an ignition interlock driver's license.
[ 2010 c 269 s 6; 2008 c 282 s 8; 2004 c 95 s 10; 1967 c 32 s 34; 1961 c 12 s 46.20.410. Prior: 1957 c 268 s 4.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.

catchline: Penalty—Violation.


title: RCW 46.20.500

text:
(1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles. A person who violates this section commits a traffic infraction and is subject to: (a) The base penalty provided under RCW 46.63.110; and (b) an additional monetary penalty of two hundred fifty dollars, which must be deposited in the motorcycle safety education account under RCW 46.68.065.
(2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an electric-assisted bicycle. Persons under sixteen years of age may not operate a class 3 electric-assisted bicycle.
(4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol. Persons under sixteen years of age may not operate a motorized foot scooter unless provided otherwise by a local jurisdiction. A motorized foot scooter may be operated at a speed of up to fifteen miles per hour on a roadway or bicycle lane, and may be operated on a sidewalk or on pedestrian or bicycle trails if authorized by a local jurisdiction, which shall specify the maximum speed of such sidewalk operation.
(6) A person holding a valid driver's license may operate a motorcycle as defined under RCW 46.04.330(2) without a motorcycle endorsement.
(7) A person operating a motorcycle with a stabilizing conversion kit must have a valid driver's license specially endorsed by the director for a three-wheeled motorcycle to enable the holder to operate such a motorcycle.
[ 2019 c 170 s 4; 2019 c 65 s 4; 2018 c 60 s 4; 2013 c 174 s 2; 2009 c 275 s 4. Prior: 2003 c 353 s 9; 2003 c 141 s 7; 2003 c 41 s 1; 2002 c 247 s 6; 1999 c 274 s 8; 1997 c 328 s 3; 1982 c 77 s 1; 1979 ex.s. c 213 s 6; 1967 c 232 s 1.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2019 c 65 s 4 and by 2019 c 170 s 4, 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).
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—2003 c 41: "This act shall be known as the Monty Lish Memorial Act." [ 2003 c 41 s 6.]
Effective date—2003 c 41: "This act takes effect January 1, 2004." [ 2003 c 41 s 7.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1982 c 77: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 77 s 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16A.405(2).


title: RCW 46.20.505

text:
Every person applying for a special endorsement of a driver's license authorizing such person to drive a two or three-wheeled motorcycle or a motor-driven cycle shall pay a fee of five dollars, which is not refundable. In addition, the endorsement fee for the initial motorcycle endorsement shall not exceed sixteen dollars, unless the endorsement is issued for a period other than eight years, in which case the endorsement fee shall not exceed two dollars for each year the initial motorcycle endorsement is issued. The subsequent renewal endorsement fee shall not exceed forty dollars, unless the endorsement is renewed or extended for a period other than eight years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended. Fees collected under this section shall be deposited in the motorcycle safety education account of the highway safety fund.
[ 2021 c 158 s 10; 2012 c 80 s 13; 2007 c 97 s 1; 2003 c 41 s 2; 2002 c 352 s 16; 2001 c 104 s 1. Prior: 1999 c 308 s 5; 1999 c 274 s 9; 1993 c 115 s 1; 1989 c 203 s 2; 1988 c 227 s 5; 1987 c 454 s 2; 1985 ex.s. c 1 s 8; 1982 c 77 s 2; 1979 c 158 s 153; 1967 ex.s. c 145 s 50.]
Notes:
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Short title—Effective date—2003 c 41: See notes following RCW 46.20.500.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1999 c 308: See note following RCW 46.20.120.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
Motorcycle safety education account: RCW 46.68.065.

catchline: Special endorsement fees.


title: RCW 46.20.510

text:
(1) Motorcycle instruction permit. A person holding a valid driver's license who wishes to learn to ride a motorcycle may apply for a motorcycle instruction permit. The department may issue a motorcycle instruction permit after the applicant has successfully passed all knowledge and skills examinations required and approved by the department. The director shall collect a fee of fifteen dollars for the motorcycle instruction permit or renewal, and deposit the fee in the motorcycle safety education account of the highway safety fund.
(a) The examination for a two-wheeled motorcycle instruction permit and the examination for a three-wheeled motorcycle instruction permit must be separate and distinct examinations.
(b) The department may authorize an entity that has entered into a contract authorized under RCW 46.20.520 to administer the motorcycle instruction permit examinations.
(c) If a motorcyclist fails the motorcycle endorsement skills test, but demonstrates a level of riding skill consistent with a motorcycle instruction permit, the department may waive any further skills testing required to obtain a motorcycle instruction permit.
(2) Effect of motorcycle instruction permit. A person holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate possession of the permit and a valid driver's license. An individual with a motorcyclist's instruction permit may not carry passengers and may not operate a motorcycle during the hours of darkness.
(3) Term of motorcycle instruction permit. A motorcycle instruction permit is valid for one hundred eighty days from the date of issue.
(a) The department may issue one additional one hundred eighty-day permit.
(b) The department may not issue more than two motorcycle instruction permits to an applicant within a five-year period.
(4) The director may adopt and enforce reasonable rules that are consistent with this section.
[ 2019 c 65 s 3; 2011 c 246 s 1; 2002 c 352 s 17; 1999 c 274 s 10; 1999 c 6 s 25; 1989 c 337 s 9; 1985 ex.s. c 1 s 9; 1985 c 234 s 3; 1982 c 77 s 3.]
Notes:
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.

catchline: Instruction permit—Fee—Examinations—Director may adopt and enforce rules.


title: RCW 46.20.515

text:
(1) The motorcycle endorsement examination must emphasize maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an impending collision.
(2) The examination for a two-wheeled motorcycle endorsement and the examination for a three-wheeled motorcycle endorsement must be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate each type of motorcycle.
(3) The department may authorize an entity that has entered into a contract under RCW 46.20.520 to administer the motorcycle endorsement examination.
(4) The department may waive all or part of the examination for persons who satisfactorily complete the voluntary motorcycle operator training and education program authorized under RCW 46.20.520 or who satisfactorily complete a private motorcycle skills education course that has been certified by the department under RCW 46.81A.020.
[ 2011 c 370 s 5; 2003 c 41 s 3; 2002 c 197 s 1; 2001 c 104 s 2; 1999 c 274 s 11; 1982 c 77 s 4.]
Notes:
Intent—2011 c 370: See note following RCW 28A.220.030.
Inclusion of stakeholder groups in communications to facilitate transition of driver licensing examination administration—2011 c 370: See note following RCW 46.82.450.
Short title—Effective date—2003 c 41: See notes following RCW 46.20.500.
Severability—1982 c 77: See note following RCW 46.20.500.


title: RCW 46.20.520

text:
(1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program. The director may contract with public and private entities to implement this program.
(2)(a) There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program. The board shall monitor this program following implementation and report to the director of licensing as necessary with recommendations including, but not limited to, administration, application, and substance of the motorcycle operator training and education program.
(b) The board shall consist of seven members appointed by the director of licensing. Three members of the board shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety education. Two members shall represent motorcycle safety instructors. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years experience and at least one year cumulative experience as a motorcycle officer. One member shall be a member of the public.
(c) The term of appointment shall be two years and shall extend until their successors are appointed. The terms of appointment shall be staggered so that either one or two members are appointed in every even-numbered year.
(d) All members must be specially endorsed to drive either a two-wheeled or a three-wheeled motorcycle or have been specially endorsed by the director to drive such motorcycles.
(e) To the extent practicable, the director should strive to appoint members who reflect diversity in race, ethnicity, and gender, and who reside in different areas of the state, with at least two members who reside east of the crest of the Cascade mountain range.
(f) The board shall meet at the call of the director, but not less than two times annually and not less than five times during its term of appointment, and shall receive no compensation for services but shall be reimbursed for travel expenses while engaged in business of the board in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(3) The seven members of the board shall select a chair from the members who represent the active motorcycle riders, members of nonprofit motorcycle organizations, or motorcycle safety instructors.
(4) The priorities of the program shall be in the following order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing.
[ 2023 c 137 s 1; 1998 c 245 s 89; 1987 c 454 s 3; 1982 c 77 s 5.]
Notes:
Severability—1982 c 77: See note following RCW 46.20.500.

catchline: Training and education program—Advisory board.


title: RCW 46.20.710

text:
The legislature finds and declares:
(1) There is a need to reduce the incidence of drivers on the highways and roads of this state who, because of their use, consumption, or possession of alcohol, pose a danger to the health and safety of other drivers;
(2) One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide a means of deterring the use of motor vehicles by persons who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an ignition interlock or other biological or technical device installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.
[ 1994 c 275 s 21; 1987 c 247 s 1.]
Notes:
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

catchline: Legislative finding.


title: RCW 46.20.720

text:
(1) Ignition interlock restriction. The department shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device:
(a) Pretrial release. Upon receipt of notice from a court that an ignition interlock device restriction has been imposed under RCW 10.21.055;
(b) Ignition interlock driver's license. As required for issuance of an ignition interlock driver's license under RCW 46.20.385;
(c) Deferred prosecution. Upon receipt of notice from a court that the person is participating in a deferred prosecution program under RCW 10.05.020 for a violation of:
(i) RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; or
(ii) RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance if the person would be required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person in the event of a conviction;
(d) Postconviction. After any applicable period of mandatory suspension, revocation, or denial of driving privileges, or upon fulfillment of day-for-day credit under RCW 46.61.5055(9)(b)(ii) for a suspension, revocation, or denial of driving privileges:
(i) Due to a conviction of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance; or
(ii) Due to a conviction of a violation of RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance if the person is required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person; or
(e) Court order. Upon receipt of an order by a court having jurisdiction that a person charged or convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific alcohol set point at which the ignition interlock will prevent the vehicle from being started. The court shall also establish the period of time for which ignition interlock use will be required.
(2) Alcohol set point. Unless otherwise specified by the court for a restriction imposed under subsection (1)(e) of this section, the ignition interlock device shall have an alcohol set point that prevents the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.020 or more.
(3) Duration of restriction. A restriction imposed under:
(a) Subsection (1)(a) of this section shall remain in effect until:
(i) The court has authorized the removal of the device under RCW 10.21.055; or
(ii) The department has imposed a restriction under subsection (1)(b), (c), or (d) of this section arising out of the same incident.
(b) Subsection (1)(b) of this section remains in effect during the validity of any ignition interlock driver's license that has been issued to the person.
(c) Subsection (1)(c)(i) or (d)(i) of this section shall be for no less than:
(i) For a person who has not previously been restricted under this subsection, a period of one year;
(ii) For a person who has previously been restricted under (c)(i) of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (c)(ii) of this subsection, a period of 10 years.
The restriction of a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and who committed the offense while one or more passengers under the age of 16 were in the vehicle shall be extended for an additional period as required by RCW 46.61.5055(6)(a).
For purposes of determining a period of restriction for a person restricted pursuant to a conviction under (d) of this subsection, a restriction based on a deferred prosecution under subsection (1)(c) of this section arising out of the same incident is not considered a prior restriction for purposes of this subsection.
(d) Subsection (1)(c)(ii) or (d)(ii) of this section shall be for a period of no less than six months.
(e) The period of restriction under (c) or (d) of this subsection shall be extended by 180 days whenever the department receives notice that the restricted person has been convicted under RCW 46.20.740 or 46.20.750. If the period of restriction under (c) or (d) of this subsection has been fulfilled and cannot be extended, the department must add a new 180-day restriction that is imposed from the date of conviction and is subject to the requirements for removal under subsection (4) of this section.
(f) Subsection (1)(e) of this section shall remain in effect for the period of time specified by the court.
(g) The period of restriction under (c) and (d) of this subsection based on incidents occurring on or after June 9, 2016, must be tolled for any period in which the person does not have an ignition interlock device installed on a vehicle owned or operated by the person unless the person receives a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. For all drivers restricted under this section with incidents and restriction start dates prior to June 9, 2016, a driver may apply to waive the restriction by applying for a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. The department's determination that a person is unable to operate an ignition interlock device must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction. The department may charge a person seeking a medical exemption under this subsection a reasonable fee for the assessment.
(4) Requirements for removal. A restriction imposed under subsection (1)(c) or (d) of this section shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying the following:
(a) That there have been none of the following incidents in the 180 consecutive days prior to the date of release:
(i) Any attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples;
(ii) Failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test;
(iii) Failure to pass any random retest with a breath alcohol concentration of lower than 0.020 unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.020, and the digital image confirms the same person provided both samples;
(iv) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(v) Removal of the ignition interlock device by a person other than an ignition interlock technician certified by the Washington state patrol; and
(b) That the ignition interlock device was inspected at the conclusion of the 180-day period by an ignition interlock technician certified by the Washington state patrol and no evidence was found that the device was tampered with in the manner described in RCW 46.20.750.
(5) Day-for-day credit. (a) The time period during which a person has an ignition interlock device installed in order to meet the requirements of subsection (1)(b) of this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident.
(b) The department must also give the person a day-for-day credit for any time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates, other than those subject to the employer exemption under subsection (6) of this section.
(c) If the day-for-day credit granted under this subsection equals or exceeds the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident, and the person has already met the requirements for removal of the device under subsection (4) of this section, the department may waive the requirement that a device be installed or that the person again meet the requirements for removal.
(6) Employer exemption. (a) Except as provided in (b) of this subsection, the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(c) The employer exemption does not apply to a person who is self-employed unless the person's vehicle is used exclusively for the person's employment.
(7) Ignition interlock device revolving account. In addition to any other costs associated with the use of an ignition interlock device imposed on the person restricted under this section, the person shall pay an additional fee of $21 per month. Payments must be made directly to the ignition interlock company. The company shall remit the additional fee to the department to be deposited into the ignition interlock device revolving account, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.
(8) Foreign jurisdiction. For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an ignition interlock device by an ignition interlock company authorized to do business in the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive one or more requirements for removal under subsection (4) of this section if compliance with the requirement or requirements would be impractical in the case of a person residing in another jurisdiction, provided the person is in compliance with any equivalent requirement of that jurisdiction. The department may waive the monthly fee required by subsection (7) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
[ 2024 c 306 s 28; 2020 c 330 s 10; 2019 c 232 s 22; 2017 c 336 s 5; 2016 c 203 s 14; 2013 2nd sp.s. c 35 s 19; 2012 c 183 s 9; 2011 c 293 s 6; 2010 c 269 s 3; 2008 c 282 s 12; 2004 c 95 s 11; 2003 c 366 s 1; 2001 c 247 s 1; 1999 c 331 s 3; 1998 c 210 s 2; 1997 c 229 s 8; 1994 c 275 s 22; 1987 c 247 s 2.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the Mary Johnsen Act." [ 1998 c 210 s 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is a privilege and that the state may restrict that privilege in the interests of public safety. One such reasonable restriction is requiring certain individuals, if they choose to drive, to drive only vehicles equipped with ignition interlock devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices be paid for by the drivers using them and that neither the state nor entities of local government provide any public funding for this purpose." [ 1998 c 210 s 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999." [ 1998 c 210 s 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

catchline: Ignition interlock device restriction—For whom—Duration—Removal requirements—Credit—Employer exemption—Fee.


title: RCW 46.20.740

text:
(1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720, 46.61.5055, or 10.05.140 stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(2) It is a gross misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped, unless the notation resulted from a restriction imposed as a condition of release and the restriction has been released by the court prior to driving. Any time a person is convicted under this section, the court shall immediately notify the department for purposes of RCW 46.20.720(3)(e). It is an affirmative defense, which the defendant must prove by a preponderance of the evidence, that the employer exemption in RCW 46.20.720(6) applies. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(3) Any sentence imposed for a violation of subsection (2) of this section shall be served consecutively with any sentence imposed under RCW 46.20.750, 46.61.502, 46.61.504, or 46.61.5055.
[ 2024 c 306 s 29; 2020 c 330 s 11; 2015 2nd sp.s. c 3 s 4; 2010 c 269 s 8; 2008 c 282 s 13; 2004 c 95 s 12; 2001 c 55 s 1; 1997 c 229 s 10; 1994 c 275 s 24; 1987 c 247 s 4.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

catchline: Notation on driving record—Verification of interlock—Penalty, exception.


title: RCW 46.20.745

text:
(1) The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person. For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department. During the 2023-2025 and 2025-2027 fiscal biennia, the ignition interlock device revolving account program also includes ignition interlock enforcement work conducted by the Washington state patrol.
(2) A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.
(3) The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required to have an ignition interlock driver's license under RCW 46.20.385 and 46.20.720.
[ 2025 c 416 s 704; 2023 c 472 s 704; 2021 c 333 s 704; 2019 c 416 s 704; 2017 c 313 s 704; 2013 c 306 s 712; 2012 c 183 s 10; 2008 c 282 s 10.]
Notes:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2012 c 183: See note following RCW 9.94A.475.

catchline: Ignition interlock device revolving account program—Pilot program.


title: RCW 46.20.750

text:
(1) A person who is restricted to the use of a vehicle equipped with an ignition interlock device is guilty of a gross misdemeanor if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(b) Uses or requests another person to use a filter or other device to circumvent the ignition interlock or to start or operate the vehicle to allow the restricted driver to operate the vehicle;
(c) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
(d) Has, allows, directs, authorizes, or requests another person to blow or otherwise exhale into the device in order to circumvent the device to allow the restricted driver to operate the vehicle.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an ignition interlock device to circumvent the device or any components of the device, or otherwise interfere with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
(3) Any sentence imposed for a violation of subsection (1) of this section shall be served consecutively with any sentence imposed under RCW 46.20.740, 46.61.502, 46.61.504, 46.61.5055, 46.61.520(1)(a), or 46.61.522(1)(b).
(4) Any time a person is convicted under subsection (1) of this section, the court shall immediately notify the department for purposes of RCW 46.20.720(3)(e).
[ 2020 c 330 s 12; 2015 2nd sp.s. c 3 s 6; 2005 c 200 s 2; 1994 c 275 s 25; 1987 c 247 s 5.]
Notes:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.


title: RCW 46.20.755

text:
If a person is required, as part of the person's judgment and sentence or as a condition of release, to install an ignition interlock device on all motor vehicles operated by the person and the person is under the jurisdiction of the municipality or county probation or supervision department, the probation or supervision department must verify the installation of the ignition interlock device or devices. The municipality or county probation or supervision department satisfies the requirement to verify the installation or installations if the municipality or county probation or supervision department receives written verification by one or more companies doing business in the state that it has installed the required device on a vehicle owned or operated by the person. The municipality or county shall have no further obligation to supervise the use of the ignition interlock device or devices by the person and shall not be civilly liable for any injuries or damages caused by the person for failing to use an ignition interlock device or for driving under the influence of intoxicating liquor or any drug or being in actual physical control of a motor vehicle under the influence of intoxicating liquor or any drug.
[ 2015 2nd sp.s. c 3 s 15; 2010 c 269 s 5.]
Notes:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2010 c 269: See note following RCW 46.20.385.

catchline: Local verification of ignition interlock device installation—Immunity.


title: RCW 46.20.760

text:
(1) A person may not drive a motor vehicle, unless it is equipped with a functioning intelligent speed assistance device, configured and programmed as provided in RCW 46.20.765(3), if the device is required:
(a) For the issuance of a temporary restricted driver's license or an occupational driver's license, under the terms of RCW 46.20.391(4);
(b) Under the applicable terms of probation under RCW 46.20.2892(1) or 46.61.500(4); or
(c) Pursuant to court order under RCW 46.61.734 or 10.21.030.
(2) The requirement to use the device under subsection (1) of this section with respect to a temporary restricted driver's license or occupational driver's license under RCW 46.20.391 remains in effect during the validity of any such license that has been issued to the person.
(3)(a) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
(b) The obligation under this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
(4)(a) Except as provided in (b) of this subsection, the installation of an intelligent speed assistance device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(5) Unless costs are waived by the intelligent speed assistance device company or the person is indigent under RCW 10.101.010, a person subject to the requirements of subsection (1) of this section shall pay the costs of installing, removing, and leasing the intelligent speed assistance device and shall pay an additional fee of $21 per month. Payments must be made directly to the intelligent speed assistance device company. The company shall remit the additional fee to the department to be deposited into the intelligent speed assistance device revolving account under RCW 46.68.530, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.
(6) For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an intelligent speed assistance device by an intelligent speed assistance device company authorized to do business in the jurisdiction or within a 75 mile radius of the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive the monthly fee required in subsection (5) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
(7) The department may issue rules to implement this section.
[ 2025 c 228 s 4.]
Notes:
Intent—Finding—2025 c 228: "It is the intent of the legislature to keep the public safe when on the road. Nationwide, 29 percent of all crash fatalities occurred in speed-related crashes in 2022. In 2023, more than 30 percent of fatal crashes involved speeding on Washington roads. Speeding continues to be a component of traffic deaths, and law enforcement is increasingly dealing with more speed-related incidents. The legislature finds that all Washington drivers are at risk when speeding is involved, and solutions to change public behavior are needed.
Additionally, according to the American motor vehicle administration, more than 70 percent of people with suspended licenses continue to drive during the suspension period. By leveraging technology to enable individuals to continue driving and prevent speeding, the legislature intends to enhance road safety to promote safer driving habits and keep the public safe." [ 2025 c 228 s 1.]
Short title—2025 c 228: "This act may be known and cited as the BEAM act." [ 2025 c 228 s 16.]
Effective date—2025 c 228: "This act takes effect January 1, 2029." [ 2025 c 228 s 18.]

catchline: Intelligent speed assistance device—When required—Installation—Department may issue rules. (Effective January 1, 2029.)


title: RCW 46.20.765

text:
(1) To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, a person must apply to the department and meet the requirements as provided in this section.
(2) An applicant seeking approval to install the device must submit a declaration to the department that the device is an intelligent speed assistance device as defined in RCW 46.04.218 and, when installed in a vehicle, is configured and programmed as provided in subsection (3) of this section.
(3)(a) An intelligent speed assistance device must employ a technology using a global positioning system and must be programmed to limit the velocity of a moving vehicle to the posted speed limit, except as provided in (b) of this subsection.
(b) The intelligent speed assistance device must include an override function to allow the vehicle to exceed the speed limit on no more than three occasions in each calendar month. The use of the override function under this subsection is subject to the requirements and limitations of RCW 46.61.425.
(c) All data collected under chapter 228, Laws of 2025 must be securely maintained by an intelligent speed assistance device company and may not be shared with any third parties, except for data pertaining to installation and removal of the device, without a court order.
(4) To maintain eligibility under this section, a person must submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
(5) The department may issue rules regarding the application process and eligibility under this section.
[ 2025 c 228 s 5.]
Notes:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.

catchline: Intelligent speed assistance device—Installation, repair, maintain, monitor, or remove—Application—Criminal background check results—Department may issue rules. (Effective January 1, 2029.)


title: RCW 46.20.770

text:
(1) A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is guilty of a gross misdemeanor if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
(b) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device to circumvent the device or any components of the device, or otherwise interferes with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an intelligent speed assistance device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
[ 2025 c 228 s 6.]
Notes:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.

catchline: Intelligent speed assistance device—Penalties. (Effective January 1, 2029.)


title: RCW 46.20.900

text:
Section 46.20.010, chapter 12, Laws of 1961 and RCW 46.20.010, section 46.20.020, chapter 12, Laws of 1961 as amended by section 1, chapter 134, Laws of 1961 and RCW 46.20.020, section 46.20.030, chapter 12, Laws of 1961 as amended by section 12, chapter 39, Laws of 1963 and RCW 46.20.030, section 46.20.060, chapter 12, Laws of 1961 and RCW 46.20.060, sections 46.20.080 through 46.20.090, chapter 12, Laws of 1961 and RCW 46.20.080 through 46.20.090, section 46.20.110, chapter 12, Laws of 1961 as last amended by section 10, chapter 39, Laws of 1963 and RCW 46.20.110, sections 46.20.140 through 46.20.180, chapter 12, Laws of 1961 and RCW 46.20.140 through 46.20.180, section 46.20.210, chapter 12, Laws of 1961 and RCW 46.20.210, sections 46.20.230 through 46.20.250, chapter 12, Laws of 1961 and RCW 46.20.230 through 46.20.250, section 46.20.280, chapter 12, Laws of 1961 and RCW 46.20.280, section 46.20.290, chapter 12, Laws of 1961 and RCW 46.20.290, section 46.20.310, chapter 12, Laws of 1961 and RCW 46.20.310, and section 46.20.330, chapter 12, Laws of 1961 and RCW 46.20.330; section 46.20.350, chapter 12, Laws of 1961 and RCW 46.20.350; section 46.20.360, chapter 12, Laws of 1961 and RCW 46.20.360 are each hereby repealed. Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceedings instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder.
[ 1965 ex.s. c 121 s 46.]

catchline: Repeal and saving.