reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-006 - Driver's license required

Current through Register Vol. 24-14, July 15, 2024
No person, except as expressly exempted by
				chapter
				46.20 RCW or by this
				chapter, may drive any motor vehicle upon a highway in this state unless the
				person has in his or her possession a valid driver's license issued under the
				provisions of
				chapter
				46.20
				RCW.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-006,
				  filed 9/1/00, effective 10/2/00; 93-22-071, § 308-104-006, filed 11/1/93,
				  effective 12/2/93; 87-19-129 (Order DS 3), § 308-104-006, filed
				  9/22/87.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-008 - Persons exempt from driver's license requirement

Current through Register Vol. 24-14, July 15, 2024
In addition to persons exempt from driver license requirement
				pursuant to
				RCW
				46.20.025, the following persons are exempt
				from the requirement to obtain a valid driver's license issued to Washington
				residents under
				chapter
				46.20 RCW:
(1) A student who maintains his or her legal
			 home of record at a location outside Washington state, or the spouse or
			 dependent of the student, who is at least sixteen years of age and who has in
			 his or her immediate possession a valid driver's license issued to him or her
			 in his or her home jurisdiction. The student must be enrolled as a full-time
			 nonresident student at an institution of higher learning in Washington
			 accredited by the Northwest Association of Schools and Colleges or by an
			 accrediting association recognized by the higher education board, or at a
			 private vocational school as that term is defined by
			 RCW
			 28C.10.020(7). The student
			 must carry documentation issued by the institution that readily establishes his
			 or her status as a nonresident student. A spouse or dependent of a nonresident
			 student must carry a copy of the documentation issued to the student by the
			 institution and documentation establishing the relationship with the
			 student;
(2) Military personnel who
			 are at least sixteen years of age who have in their immediate possession a
			 valid driver's license issued by the jurisdiction designated as their home of
			 record. A spouse or dependent of a person who meets the criteria of this
			 subsection is also exempt from the driver's license requirement, provided that
			 the spouse or dependent has in his or her immediate possession a valid driver's
			 license issued by the jurisdiction designated as his or her home of
			 record.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-008,
				  filed 9/1/00, effective 10/2/00; 87-19-129 (Order DS 3), § 308-104-008,
				  filed 9/22/87.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-010 - Vision test

Current through Register Vol. 24-14, July 15, 2024
(1) A person
			 applying for a driver's license or instruction permit shall be required to take
			 a vision test administered by the department.
(a) Any person with visual acuity worse than
			 20/40 Snellen with both eyes combined either corrected or uncorrected, or with
			 some apparent significant visual limitation, must have an eye examination by a
			 competent vision authority.
(b) If
			 an applicant's vision cannot be corrected so it will be 20/40 Snellen for
			 visual acuity and if the applicant's vision is between 20/50 Snellen and 20/100
			 Snellen, or if an applicant's other vision problems cannot be corrected, he or
			 she must submit to a reexamination.
(c) An applicant whose vision cannot be
			 corrected to at least 20/100 Snellen range will be deemed to have failed the
			 portion of the driver's license examination specified by
			 RCW
			 46.20.130(1)(a) pertaining
			 to eyesight and ability to see, and will be deemed to have failed to
			 demonstrate that he or she is qualified to drive.
(d) An applicant whose vision cannot be
			 corrected to at least 20/70 Snellen range will be deemed to have failed to
			 demonstrate that he or she is qualified to drive at night.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-012 - Suspension or denial for refusing or neglecting to submit to an examination

Current through Register Vol. 24-14, July 15, 2024
A person's failure to complete an examination as required by
				RCW
				46.20.305 may result in the suspension or
				denial of the person's driving privilege. A person dissatisfied with the
				departmental action which follows an examination he or she has taken under
				RCW
				46.20.305 may appeal the department's action
				by requesting a formal hearing as provided in
				RCW
				46.20.329. A request for a hearing under this
				section must be made in writing within fifteen calendar days from the date
				notice of the departmental action was given. If no request is made within the
				prescribed time the right to a hearing is waived.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-012,
				  filed 9/1/00, effective 10/2/00. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-104-012, filed 3/12/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-014 - Application for driver's license or identicard

Current through Register Vol. 24-14, July 15, 2024
A person applying for a driver's license, instruction permit,
				or identification card must provide the following information:
(1)
(a) The
			 person's full name, current mailing and Washington residential address, and
			 telephone number;
(b) A person
			 applying for an identicard who does not have a permanent primary resident
			 address may be issued an identicard at the cost of production if the person:
(i) Is under the age of eighteen;
(ii) Applies in person;
(iii) Attests to a lack of permanent primary
			 resident address at each application; and
(iv) Provides a temporary mailing address
			 where the identicard can be mailed.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-0140 - Marking of all nonenhanced drivers' licenses or identicards

Current through Register Vol. 24-14, July 15, 2024
Beginning July 1, 2018, except for enhanced drivers' licenses
				and identicards issued under
				RCW
				46.20.202, the department shall mark all
				issuances made pursuant to chapter 46.20 RCW with the phrase "FEDERAL LIMITS
				APPLY."
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-0150 - Changing sex designation on a driver's license, instruction permit, or identification card

Current through Register Vol. 24-14, July 15, 2024
(1) Persons may
			 change the sex designation on a driver's license, instruction permit, or
			 identification card by means of completing a sex designation change application
			 signed under penalty of perjury pursuant to chapter 9A.72 RCW.
(2) For the purposes of this section, "X"
			 means a sex that is not exclusively male or female.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-016 - Motorcycle endorsement fees

Current through Register Vol. 24-14, July 15, 2024
The endorsement fee for the initial motorcycle endorsement
				shall be twelve dollars, unless the initial endorsement is issued for a period
				other than six years, in which case the initial endorsement fee shall be two
				dollars for each year or partial year that the endorsement is issued, and the
				subsequent renewal endorsement fee shall be thirty dollars, unless the
				endorsement is renewed or extended for a period other than six years, in which
				case the subsequent renewal endorsement fee shall be five dollars for each year
				that the endorsement is renewed or extended.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.049, and
				  46.20.505. 13-03-018, §
				  308-104-016, filed 1/7/13, effective 2/7/13. Statutory Authority:
				  RCW
				  46.01.110, 46.20.470 and
				  46.20.505. 00-02-017, §
				  308-104-016, filed 12/27/99, effective
				  7/1/00.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-018 - Changing the address of record

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the form identified in
			 RCW
			 46.20.205, the department may change a
			 driver's or identicard holder's address of record upon:
(a) The verbal request of the driver or
			 identicard holder, where the department has satisfied itself as to the identity
			 of the person making the request; or
(b) Receipt of written documentation or
			 electronic communication concerning the driver or identicard holder, where such
			 documentation or communication includes an address that differs from the one
			 maintained by department and is:
(i) Signed by
			 the driver or identicard holder;
(ii) Filed at the request of the driver or
			 identicard holder;
(iii) Filed by a
			 public official or governmental agency; or
(iv) Filed by a contractor who verifies or
			 supplies correct addresses obtained from a public official or governmental
			 agency.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-019 - Renewal of driver's license or identicard by electronic commerce-Eligibility

Current through Register Vol. 24-14, July 15, 2024
An applicant for a driver's license renewal or identicard
				renewal may apply by electronic commerce if permitted under this
				section.
(1) A person whose valid
			 driver's license is about to expire may be allowed to renew by electronic
			 commerce if the person:
(a) Is eligible to
			 renew his or her driver's license by electronic commerce under the provisions
			 of
			 RCW
			 46.20.120(3)(b) or
			 (4)(b);
(b) Has previously been issued a digital
			 driver's license;
(c) Is not more
			 than seventy years of age;
(d) Has
			 a valid Social Security number on file with the department;
(e) Has a valid mailing address on his or her
			 driving record as maintained by the department;
(f) Does not have a commercial driver's
			 license, instruction permit, or agricultural permit;
(g) Has not paid a fee owed to the department
			 with a check that has been dishonored;
(h) Has not failed to appear, respond, or
			 comply with the terms of or in response to a traffic citation or notice of
			 traffic infraction; and
(i) Does
			 not have any actions pending against his or her driver's license or driving
			 privileges.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-022 - Warning letters for drivers age eighteen through twenty-one

Current through Register Vol. 24-14, July 15, 2024
The department may mail a letter to drivers age eighteen
				through twenty-one who have been convicted of or found to have committed a
				moving traffic violation as listed in WAC
				308-104-160 warning them of the
				risk of crash involvement.
Statutory Authority:
				  RCW
				  46.01.110,
				  46.52.120. 10-22-045, §
				  308-104-022, filed 10/28/10, effective
				  11/28/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-025 - Effect of accumulation of traffic offenses

Current through Register Vol. 24-14, July 15, 2024
(1) For the
			 purposes of
			 RCW
			 46.20.291(3), whenever the
			 official records of the department show that a person has committed four or
			 more traffic offenses within a one-year period, or five or more traffic
			 offenses within a two-year period, the department may provide notice to the
			 driver warning them of the risk of crash involvement and the possible
			 consequences of further action against the person's license under this section
			 or chapter 46.65 RCW.
(2) Whenever
			 the official records of the department show that a person has committed six or
			 more traffic offenses within a one-year period, or seven or more traffic
			 offenses within a two-year period, the department must issue a notice of
			 suspension denying the person's driving privilege for 60 days and establishing
			 a 365 day period of probation to begin when the period of suspension ends.
			 During the period of probation, a person must not be convicted of an additional
			 traffic offense.
(3) At a hearing
			 requested by the driver to contest the notice of suspension, the accumulation
			 of violations in subsection (2) of this section shall be considered prima facie
			 evidence of violations of such frequency as to indicate a disrespect for
			 traffic laws or a disregard for the safety of other persons on the
			 highways.
(4) If a person is
			 convicted of a traffic offense during the period of probation, the department
			 must impose an additional 30-day suspension to run consecutively with any
			 suspension already being served under this section.
(5) For purposes of this section "traffic
			 offense" means a conviction as defined in
			 RCW
			 46.20.270(3), or a finding
			 that a traffic infraction has been committed as defined in
			 RCW
			 46.20.270(5), of a moving
			 violation as defined in WAC
			 308-104-160. A traffic offense
			 committed under the provisions of chapter 46.37 RCW by a commercial driver with
			 respect to equipment required on commercial motor vehicles shall not be
			 considered for driver improvement purposes.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-025,
				  filed 9/1/00, effective 10/2/00. Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 178 §§ 3, 5, 8
				  and 16. 89-18-003, § 308-104-025, filed 8/24/89, effective 9/24/89.
				  Statutory Authority:
				  RCW
				  46.01.110. 82-03-046 (Order 668 DOL), §
				  308-104-025, filed 1/19/82.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-026 - Safe driving course

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 recommends safe driving courses so that a driver can learn how to:
(a) Correct and rehabilitate driving
			 performance;
(b) Learn safe,
			 responsible, and respectful driving behaviors; and
(c) Avoid danger potentials, risks to
			 drivers, and other road users.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-027 - Effect of accumulation of traffic infractions

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 shall send the driver a notice of suspension listing the qualifying occasions
			 when the records of the department indicate that a person qualifies for a
			 suspension under
			 RCW
			 46.20.2892.
(2) The exclusive remedy for contesting a
			 notice of suspension is the administrative review described in
			 RCW
			 46.20.245.
(3) When a driver seeks an administrative
			 review on the limited issue of whether information reported to the department
			 accurately describes the action taken by the court, the department may consider
			 as a part of that review:
(a) Whether each
			 individual traffic infraction reported to the department accurately describes
			 the action taken by a court;
(b)
			 Whether multiple traffic infractions reported by a court should be counted as
			 one occasion.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-035 - Interest of safety

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-035,
				  filed 9/1/00, effective 10/2/00. Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 178 §§ 3, 5, 8
				  and 16. 89-18-003, § 308-104-035, filed 8/24/89, effective
				  9/24/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-040 - Driver's licenses for identification and identicards

Current through Register Vol. 24-14, July 15, 2024
As provided by
				RCW
				46.20.035, no identicard shall be issued, nor
				shall any Washington state driver's license be issued, other than as provided
				in RCW
				46.20.035(5), unless the
				applicant has satisfied the department regarding his or her identity.
(1)
(a)
			 Except as provided in subsections (2) and (3) of this section, an applicant has
			 not satisfied the identity requirements of
			 RCW
			 46.20.035 unless he or she displays or
			 provides the department with at least one of the following pieces of valid
			 identifying documentation:
(i) A valid or
			 recently expired driver's license or instruction permit that contains the
			 signature, date of birth, and a photograph of the applicant;
(ii) A Washington state identicard or an
			 identification card issued by another state that contains the signature and a
			 photograph of the applicant;
(iii)
			 An identification card issued by the United States, a state, or an agency of
			 either the United States or a state, of a kind commonly used to identify the
			 members or employees of the government agency, that contains the signature and
			 a photograph of the applicant;
(iv)
			 A military identification card that contains the signature and a photograph of
			 the applicant;
(v) A United States
			 passport that contains the signature and a photograph of the
			 applicant;
(vi) An Immigration and
			 Naturalization Service form that contains the signature and photograph of the
			 applicant; or
(vii) If the
			 applicant is a minor, an affidavit of the applicant's parent or guardian where
			 the parent or guardian displays or provides at least one piece of identifying
			 documentation as specified in this subsection along with additional
			 documentation establishing the relationship between the parent or guardian and
			 the applicant.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-046 - Instruction permit - Verification of enrollment in a traffic safety education program

Current through Register Vol. 24-14, July 15, 2024
For purposes of
				RCW
				46.20.055, an applicant for a driver's
				instruction permit may demonstrate enrollment in a traffic safety education
				course offered by a licensed driver training school, or by a public or private
				school recognized by the superintendent of public instruction, by submitting
				written proof of enrollment indicating that the driver training course has
				already begun or will begin within ten calendar days of the date of the
				application. The proof of enrollment must be in a form that is approved by the
				department and bear the signature of a licensed driver training instructor or
				driver training school owner, or that of a public or private school instructor
				certified to teach a driver training course by the superintendent of public
				instruction.
Statutory Authority:
				  RCW
				  46.01.110. 04-18-060, § 308-104-046,
				  filed 8/27/04, effective 9/27/04.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-047 - Driving test - Waiver

Current through Register Vol. 24-14, July 15, 2024
For purposes of issuance of an original driver's license, the
				department may waive the actual demonstration of the ability to operate a motor
				vehicle where the applicant meets all other licensing requirements, has
				successfully completed the appropriate Washington knowledge test or tests,
				and:
(1) If the application is for a
			 basic driver's license, the applicant has:
(a)
			 Surrendered a valid driver's license issued by the applicant's previous home
			 state, or presented a letter of clearance from the previous home state showing
			 a valid license record on file;
(b)
			 Not taken a Washington driving test on which the applicant has been
			 disqualified; and
(c) Not taken a
			 Washington knowledge test on which the applicant has been disqualified three or
			 more times;
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-050 - Waiver of driver education requirement - When granted

Current through Register Vol. 24-14, July 15, 2024
No waiver of the traffic safety education course requirement
				for applicants under the age of 18 years shall be issued unless:
(1) The parent, guardian, or other person
			 having the care, custody and control of the applicant certifies that the
			 applicant is:
(a) Unable to take or
			 successfully complete a traffic safety education course and the reasons
			 therefor, and
(b) That there exists
			 an immediate need to operate a motor vehicle. The immediate need shall be set
			 forth in as much detail as possible. For the purpose of meeting this
			 requirement, "an immediate need exists" shall be construed to mean that the
			 capability to drive will reduce or help eliminate the negative consequences of
			 the situation that created the immediate need to drive. If operating a motor
			 vehicle does not reduce the hardship which was created by the situation, "an
			 immediate need" does not exist; and
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-056 - Convictions - Suspension, revocation, and denial terms

Current through Register Vol. 24-14, July 15, 2024
The department shall suspend, revoke, or deny the driver's
				license or nonresident driving privilege of every person who is convicted of a
				violation requiring such suspension, revocation, or denial, the term of which,
				except where otherwise required by law, shall commence on the date of
				conviction.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-056,
				  filed 9/1/00, effective 10/2/00; 93-22-071, § 308-104-056, filed 11/1/93,
				  effective 12/2/93. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-104-056, filed 3/12/86; Order MV-222, § 308-104-056, filed
				  10/29/74.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-070 - Concurrent suspension, revocation, and denial terms

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise required by law, the department shall
				suspend, revoke or deny the driver's license or nonresident driving privilege
				of every person who is convicted of more than one offense requiring such
				suspension, revocation, or denial arising from the same incident for one term
				which will be the longest of the terms of suspension, revocation, or
				denial.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-070,
				  filed 9/1/00, effective 10/2/00; Order MV-172, § 308-104-070, filed
				  7/16/73.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-075 - Driver's licenses-Prohibited practices-Suspension, cancellation, or denial period

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department may suspend, cancel, or deny all driving privileges of a person who
			 has been convicted of or determined by the department to have committed one of
			 the prohibited practices relating to drivers' licenses listed in
			 RCW
			 46.20.0921 for a period up to three hundred
			 sixty-four consecutive days. The following terms of suspension shall be
			 determined by the department:
(a) Up to sixty
			 days for identity theft or fraud with no connection to traffic
			 safety;
(b) Ninety days for
			 identity theft or fraud related to avoiding a revocation or suspension with no
			 connection to traffic safety;
(c)
			 One hundred eighty days for identity theft or fraud related to avoiding a
			 revocation or suspension associated with traffic safety, or for separate
			 additional offenses with no connection to traffic safety; or
(d) Three hundred sixty-four days for
			 identity theft or fraud related to avoiding a revocation or suspension with a
			 direct connection to traffic safety.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-080 - Reissue fee - When required

Current through Register Vol. 24-14, July 15, 2024
The driver's license of any person that has been suspended,
				revoked or denied for any reason shall not be reissued until such person shall
				pay the required reissue fee; except, that such reissue fee shall not be
				required when the imposition of the suspension, revocation, or denial was
				invalid or void or when the suspension, revocation, or denial was imposed
				because the subject was incompetent to operate a vehicle due to a physical or
				mental disability, because the subject had failed to attend a driver
				improvement interview, because the person's filing of proof of financial
				responsibility for the future had been canceled or terminated, because the
				person defaulted on an agreement to pay damages resulting from a vehicle
				accident, or because the person was refused a license due to a suspension,
				revocation, or denial in another jurisdiction.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-080,
				  filed 9/1/00, effective 10/2/00; 93-22-071, § 308-104-080, filed 11/1/93,
				  effective 12/2/93. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-104-080, filed 3/12/86; Order MV-172, § 308-104-080, filed
				  7/16/73.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-090 - Reissue fee - Where paid and accepted

Current through Register Vol. 24-14, July 15, 2024
Reissue fees may be paid at any licensing services office or at
				the department's central state office at any time during normal operating
				hours.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-069, § 308-104-090,
				  filed 9/1/00, effective 10/2/00; 93-22-071, § 308-104-090, filed 11/1/93,
				  effective 12/2/93. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-104-090, filed 3/12/86; Order MV-172, § 308-104-090, filed
				  7/16/73.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-100 - Occupational/temporary restricted driver's license - Person eligible

Current through Register Vol. 24-14, July 15, 2024
(1) Upon proper application, the department
			 shall issue an occupational/temporary restricted driver's license to any person
			 who has had his or her driver's license suspended or revoked who meets the
			 requirements of
			 RCW
			 46.20.380 and
			 46.20.391, provided that:
(a) The person had previously been issued a
			 valid driver's license; and
(b) The
			 person had not been required to surrender his or her Washington driver's
			 license to the department for failure to maintain proof of financial
			 responsibility for the future.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-130 - Convictions - Driving records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department shall consider the information transmitted on the abstract of
			 conviction as being accurate for the purposes of recording information on the
			 defendant's driving record and initiating suspension/revocation action. The
			 defendant shall be deemed to have been convicted of the traffic law
			 violation(s) if any of the following appears on the abstract:
(a) The payment of a fine.
(b) An unvacated forfeiture of bail or
			 collateral deposited to secure the defendant's appearance in court.
(c) A plea of guilty by the
			 defendant.
(d) A finding of
			 guilt.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-135 - Open container law infractions - Placement on driving records

Current through Register Vol. 24-14, July 15, 2024
A traffic infraction under
				RCW
				46.61.519(1) or (2) shall
				not be placed on the driving record of the person found to have committed the
				infraction if the department determines to its satisfaction that the person was
				a passenger in the vehicle at the time the notice of infraction was
				issued.
Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-104-135, filed 3/12/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-145 - Driving record abstracts - Release to insurance companies

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110. 93-22-071, § 308-104-145,
				  filed 11/1/93, effective 12/2/93. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.25.140. 90-17-028, §
				  308-104-145, filed 8/8/90, effective
				  9/8/90.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-150 - Address requests - Terms and fees

Current through Register Vol. 24-14, July 15, 2024
Where not otherwise prohibited by law or rule, the department
				may make available the address of a person whose driving record or identicard
				record is maintained by the department. A request for an address must be in
				writing, and must include the full name and the driver's license number or date
				of birth of the person whose address is requested.
The department shall collect in advance a fee of two dollars
				for each address requested in a single listing up to and including ten
				addresses, and fifteen cents for each additional address on that single
				listing: Provided, That the addresses will be provided to all governmental
				agencies without charge.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-070, § 308-104-150,
				  filed 9/1/00, effective 10/2/00; 82-03-046 (Order 668 DOL), § 308-104-150,
				  filed 1/19/82.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-155 - Driving records - Designation of persons other than employees of the department as agents for certification

Current through Register Vol. 24-14, July 15, 2024
For purposes of
				Title
				46 RCW, the director of the
				department of licensing may designate persons other than employees of the
				department as agents to furnish certified abstracts of driving records under
				seal of the director. This section shall only apply when the driving record has
				been obtained by the designated agent through electronic data transmission from
				the department's computer records.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-070, § 308-104-155,
				  filed 9/1/00, effective 10/2/00; 91-01-063, § 308-104-155, filed 12/14/90,
				  effective 1/14/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-160 - Moving and nonmoving violations defined

Current through Register Vol. 24-14, July 15, 2024
For purposes of
				RCW
				46.20.2891,
				46.65.020,
				46.20.2892, and this chapter, the
				term "moving violation" means any violation of vehicle laws listed in this
				section that is committed by the driver of a vehicle, while the vehicle is
				moving. However, being in actual physical control of a motor vehicle while
				under the influence of intoxicating liquor or any drug is also considered a
				moving violation for the purposes of this section. Parking violations,
				equipment violations or paperwork violations relating to insurance,
				registration, licensing and inspection are considered "nonmoving violations."
				Moving violations are those violations included in the following list or
				violations of substantially similar laws, administrative regulations, local
				laws, ordinances, regulations, or resolutions of a political subdivision of
				this state, the federal government, or any other state:
(1) Criminal traffic infractions, as defined
			 by RCW
			 46.63.020:
(a) Driving while under the influence of
			 intoxicating liquor or any drug as defined by
			 RCW
			 46.61.502;
(b) Physical control of a motor vehicle while
			 under the influence of intoxicating liquor or any drug, as defined by
			 RCW
			 46.61.504;
(c) Vehicular homicide, as defined by
			 RCW
			 46.61.520;
(d) Vehicular assault, as defined by
			 RCW
			 46.61.522;
(e) Reckless driving, as defined by
			 RCW
			 46.61.500;
(f) Racing, as defined by
			 RCW
			 46.61.530;
(g) Hit and run (injury, death, striking the
			 body of a deceased person, or occupied vehicle), as defined by
			 RCW
			 46.52.020;
(h) Attempting to elude a police vehicle, as
			 defined by
			 RCW
			 46.61.024;
(i) Driving while driving privilege suspended
			 or revoked, as defined by
			 RCW
			 46.20.342 or
			 46.20.345;
(j) Reckless endangerment of roadway workers,
			 as defined in
			 RCW
			 46.61.527(4);
(k) Driver under 21 driving or being in
			 physical control of a motor vehicle after consuming alcohol or marijuana, as
			 defined in
			 RCW
			 46.61.503;
(l) Negligent driving in the first degree, as
			 defined by
			 RCW
			 46.61.5249;
(m) Hit and run (unattended vehicle or
			 property), as defined by
			 RCW
			 46.52.010;
(n) Disobey signalman, officer, or
			 firefighter, as defined by
			 RCW
			 46.61.015,
			 46.61.020, or
			 46.61.022;
(o) Failure to yield right of way, as defined
			 by RCW
			 46.61.212(4);
(p) Violation of license restriction(s), as
			 defined by
			 RCW
			 46.20.740;
(q) Spilling load, as defined by
			 RCW
			 46.61.655(7)(a) and
			 (b);
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-170 - Alcohol or drug abuse treatment program

Current through Register Vol. 24-14, July 15, 2024
(1) For the purposes of
			 Title
			 46 RCW, a person shall be
			 deemed to have undertaken and followed a course of treatment for alcohol or
			 drug abuse on a program approved by the department of social and health
			 services if he or she has been under said program for at least sixty days:
			 Provided, That the department may accept a shorter treatment term upon a
			 showing that the full sixty days of treatment would not be in the best
			 interests of the person's recovery progress.
(2) The term "program approved by the
			 department of social and health services," as used in
			 Title
			 46 RCW, shall mean an alcohol
			 or drug abuse treatment program meeting the requirements of chapter 388-305
			 WAC.
Statutory Authority:
				  RCW
				  46.01.110. 00-18-070, § 308-104-170,
				  filed 9/1/00, effective 10/2/00; 93-22-071, § 308-104-170, filed 11/1/93,
				  effective 12/2/93; 82-03-046 (Order 668 DOL), § 308-104-170, filed
				  1/19/82.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-340 - Formal hearings - Habitual traffic offenders

Current through Register Vol. 24-14, July 15, 2024
At the formal hearing held by the department to determine
				whether the driver is a habitual offender, the certified abstract of
				convictions of traffic offenses or determinations that the indicated traffic
				infractions occurred shall be prima facie evidence that the person named
				therein was duly convicted by the court wherein such conviction or holding was
				made of each offense or infraction shown by such transcript or abstract.
A person may bring a collateral attack on the constitutional
				validity of the convictions for the traffic offenses giving rise to the
				proposed license revocation, pursuant to
				RCW
				46.65.020(1): Provided,
				however, That the person collaterally attacking the constitutional validity of
				any conviction for a traffic offense must prove by clear, cogent and convincing
				evidence both of the following:
(1)
			 That the person pleaded guilty to a traffic offense for which imprisonment was
			 authorized without having been advised of his or her right to be represented by
			 counsel and or his or her right to have counsel appointed if indigent;
			 and
(2) As the result of the guilty
			 plea, the driver was sentenced to jail and actually served time in jail.
The department may, in addition, consider any records in its
				possession with respect to any conviction(s) which is (are) being collaterally
				attacked.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-104-340,
				  filed 3/25/92, effective 4/25/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-105 - Enhanced drivers' license and identicard › Section 308-105-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, unless the context requires otherwise,
				the term:
(1) "Enhanced driver's
			 license" means a driver's license that is issued under
			 RCW
			 46.20.202.
(2) "Enhanced identicard" means an identicard
			 that is issued under
			 RCW
			 46.20.202.
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.202. 07-22-031, §
				  308-105-010, filed 10/29/07, effective
				  11/29/07.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-105 - Enhanced drivers' license and identicard › Section 308-105-020 - Application for enhanced driver's license or identicard

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant for an enhanced driver's
			 license must be eligible for a standard driver's license under chapter 46.20
			 RCW, provide the information required by
			 RCW
			 46.20.091 and WAC
			 308-104-014,
			 and establish his or her identity as provided by
			 RCW
			 46.20.035 and WAC
			 308-104-040.
(2) An applicant for an enhanced identicard
			 must be eligible for a standard identicard under chapter 46.20 RCW, provide the
			 information required by
			 RCW
			 46.20.117 and WAC
			 308-104-014,
			 and establish his or her identity as provided by
			 RCW
			 46.20.035 and WAC
			 308-104-040.
(3)
An applicant for an enhanced driver's license or identicard
				must sign a declaration acknowledging that he or she has been notified that the
				enhanced driver's license or identicard contains a radio frequency
				identification chip, that he or she has been given written information on the
				type of information the chip contains and how it may be used, and that
				tampering with or deactivating the chip will invalidate the enhanced driver's
				license or identicard for purposes of border crossing.
(4) An applicant for an enhanced driver's
			 license or identicard must provide the department with satisfactory proof of
			 United States citizenship. United States citizenship may be established by
			 providing at least one of the following pieces of documentation:
(a) A United States passport that is valid
			 ;
(b) Certified state birth
			 certificate;
(c) Certificate of
			 naturalization;
(d) Certificate of
			 citizenship; or
(e) Department of
			 state consular report of birth abroad.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-105 - Enhanced drivers' license and identicard › Section 308-105-030 - Enhanced driver's license or identicard denial - Hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Within twenty
			 days of the date of notification by the department that an application for an
			 enhanced driver's license or identicard has been denied under WAC
			 308-105-020(7),
			 the aggrieved person may submit a written request for a formal hearing to
			 contest the department's decision.
(2) Within twenty days of receipt of a
			 request for a formal hearing, the department shall notify the requester in
			 writing of the time and location of the hearing.
(3) The hearing shall be conducted by a
			 hearing officer appointed by the director. The director may delegate the
			 authority to render final decisions to the hearing officer.
(4) The scope of the hearing shall be limited
			 to the following issues:
(a) Has the applicant
			 provided the necessary documentation and information;
(b) Has the applicant established his or her
			 identity;
(c) Has the applicant
			 established that he or she is a United States citizen; and
(d) Has the applicant established that he or
			 she maintains permanent residency in the state of Washington?
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-105 - Enhanced drivers' license and identicard › Section 308-105-100 - Fee

Current through Register Vol. 24-14, July 15, 2024
The fee for an enhanced driver's license or enhanced
				identicard is eighteen dollars. If the enhanced driver's license or enhanced
				identi-card is issued, renewed, or extended for a period other than six years,
				the fee is three dollars for each year that the enhanced driver's license or
				enhanced identicard is issued, renewed, or extended. This fee is in addition to
				the regular drivers' license or identicard fees.
Statutory
				Authority:
				RCW
				46.01.110 and
				46.20.202. WSR 13-21-003, §
				308-105-100, filed 10/3/13, effective 11/3/13; WSR 07-22-031, §
				308-105-100, filed 10/29/07, effective 11/29/07. WSR 13-21-003, §
				308-105-100, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-106 - Mandatory insurance › Section 308-106-010 - Insurance identification card

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who operates a motor vehicle
			 subject to registration under chapter 46.16 RCW must have an identification
			 card in his or her possession, as required by section 4(1), chapter 353, Laws
			 of 1989, unless exempt under section 2(4)(a) or (b) of that chapter.
(2) In the event that an identification card
			 contains a description of the insured vehicle(s), and the person acquires any
			 additional or replacement vehicle(s), possession of a valid insurance
			 identification card previously issued, along with proof of recent acquisition
			 or transfer of ownership of the additional or replacement vehicle(s), shall be
			 deemed to fulfill the requirements of this section for a period not to exceed
			 thirty days after such vehicle(s) was acquired. The person must notify the
			 company issuing the identification card of the acquisition of the additional or
			 replacement vehicle(s) within fifteen days of acquisition. Possession of any
			 binder issued pending the issuance of a motor vehicle liability policy shall
			 likewise be deemed to fulfill the requirements of this section.
Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 353 § 3. 89-22-030,
				  § 308-106-010, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-106 - Mandatory insurance › Section 308-106-020 - Insurance identification card - Content

Current through Register Vol. 24-14, July 15, 2024
Whenever an insurance company issues or renews a motor vehicle
				liability insurance policy, the company shall provide the policy holder with an
				identification card that is to include, at a minimum:
(a) The name of the insurance
			 company;
(b) The policy
			 number;
(c) The effective date of
			 the policy;
(d) The expiration date
			 of the policy; and
(e) A
			 description of the year, make and/or model of the insured vehicle(s) and/or the
			 name of the insured driver. If there are five or more vehicles under common
			 ownership, the word "fleet" may be used in place of the vehicle description.
			 The insurance company may issue a supplemental listing of vehicles covered.
If an insurance company issues an identification card
				containing information in addition to that identified above, the above
				information shall be printed in such a way so as to be readily discernible. To
				the extent practical, the insurance identification card shall be printed in a
				manner so as to discourage tampering.
Statutory Authority:
				  RCW
				  46.01.110 and 1989 c 353 § 3. 89-22-030,
				  § 308-106-020, filed 10/26/89, effective
				  11/26/89.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-106 - Mandatory insurance › Section 308-106-030 - Insurance identification card-Self-insurance-Certificate of deposit-Bond

Current through Register Vol. 24-14, July 15, 2024
A person or organization providing proof of compliance through
				self-insurance, as provided in
				RCW
				46.29.630, certificate of deposit, as
				provided in
				RCW
				46.29.550, or bond, shall provide an
				identification card to all covered drivers. The card shall contain the
				following information:
(a) For persons
			 or organizations who are self-insured:
(i) The
			 self-insurance number issued by the department ;
(ii) The effective date of the certificate of
			 self-insurance; and
(iii) A
			 description of the year, make and/or model of the vehicles covered by the
			 certificate of self-insurance and/or the name of the driver covered by the
			 certificate of self-insurance. The word "fleet" may be used in place of the
			 vehicle description. The person or organization may issue a supplemental
			 listing of vehicles covered;