(1) Whenever any
person is convicted of any offense for which this title makes
mandatory the withholding of the driving privilege of such person
by the department, the court in which such conviction is had
shall forthwith mark the person's Washington state driver's
license or permit to drive, if any, in a manner authorized by the
department. A valid driver's license or permit to drive marked
under this subsection shall remain in effect until the person's
driving privilege is withheld by the department pursuant to
notice given under RCW 46.20.245, unless the license or permit
expires or otherwise becomes invalid prior to the effective date
of this action. Perfection of notice of appeal shall stay the
execution of sentence including the withholding of the driving
privilege.
(2) Every court having jurisdiction over offenses committed
under this chapter, or any other act of this state or municipal
ordinance adopted by a local authority regulating the operation
of motor vehicles on highways, or any federal authority having
jurisdiction over offenses substantially the same as those set
forth in Title 46 RCW which occur on federal installations within
this state, shall immediately forward to the department a
forfeiture of bail or collateral deposited to secure the
defendant's appearance in court, a payment of a fine, penalty, or
court cost, a plea of guilty or nolo contendere or a finding of
guilt, or a finding that any person has committed a traffic
infraction an abstract of the court record in the form prescribed
by rule of the supreme court, showing the conviction of any
person or the finding that any person has committed a traffic
infraction in said court for a violation of any said laws other
than regulations governing standing, stopping, parking, and
pedestrian offenses.
(3) Every state agency or municipality having jurisdiction
over offenses committed under this chapter, or under any other
act of this state or municipal ordinance adopted by a state or
local authority regulating the operation of motor vehicles on
highways, may forward to the department within ten days of
failure to respond, failure to pay a penalty, failure to appear
at a hearing to contest the determination that a violation of any
statute, ordinance, or regulation relating to standing, stopping,
parking, or other infraction issued under RCW 46.63.030(1)(d) has
been committed, or failure to appear at a hearing to explain
mitigating circumstances, an abstract of the citation record in
the form prescribed by rule of the department, showing the
finding by such municipality that two or more violations of laws
governing standing, stopping, and parking or one or more other
infractions issued under RCW 46.63.030(1)(d) have been committed
and indicating the nature of the defendant's failure to act.
Such violations or infractions may not have occurred while the
vehicle is stolen from the registered owner or is leased or
rented under a bona fide commercial vehicle lease or rental
agreement between a lessor engaged in the business of leasing
vehicles and a lessee who is not the vehicle's registered owner.
The department may enter into agreements of reciprocity with the
duly authorized representatives of the states for reporting to
each other violations of laws governing standing, stopping, and
parking.
(4) For the purposes of Title 46 RCW the term "conviction"
means a final conviction in a state or municipal court or by any
federal authority having jurisdiction over offenses substantially
the same as those set forth in Title 46 RCW which occur on
federal installations in this state, an unvacated forfeiture of
bail or collateral deposited to secure a defendant's appearance
in court, the payment of a fine or court cost, a plea of guilty
or nolo contendere, or a finding of guilt on a traffic law
violation charge, regardless of whether the imposition of
sentence or sanctions are deferred or the penalty is suspended,
but not including entry into a deferred prosecution agreement
under chapter 10.05 RCW.
(5) For the purposes of Title 46 RCW the term "finding that
a traffic infraction has been committed" means a failure to
respond to a notice of infraction or a determination made by a
court pursuant to this chapter. Payment of a monetary penalty
made pursuant to RCW 46.63.070(2) is deemed equivalent to such a
finding.
[2006 c 327 § 1; 2005 c 288 § 3; 2004 c 231 § 5; 1990 2nd ex.s. c 1 § 402; 1990 c 250 § 42; 1982 1st ex.s. c 14 § 5; 1979 ex.s. c 136 § 58; 1979 c 61 § 7; 1977 ex.s. c 3 § 1; 1967 ex.s. c 145 § 55; 1965 ex.s. c 121 § 22; 1961 c 12 § 46.20.270. Prior: 1937 c 188 § 68; RRS § 6312-68; prior: 1923 c 122 § 2, part; 1921 c 108 § 9, part; RRS § 6371, part.]
NOTES:
Effective date -- 2005 c 288: See note following RCW 46.20.245.
Severability -- 1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Severability -- 1990 c 250: See note following RCW 46.16.301.
Effective date -- Severability -- 1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability -- 1967 ex.s. c 145: See RCW 47.98.043.