(1) A certified abstract of the
driving record shall be furnished only to:
(a) The individual named in the abstract;
(b) An employer or prospective employer or an agent acting
on behalf of an employer or prospective employer, or a volunteer
organization for which the named individual has submitted an
application for a position that could require the transportation
of children under eighteen years of age, adults over sixty-five
years of age, or persons with mental or physical disabilities;
(c) An employee or agent of a transit authority checking
prospective volunteer vanpool drivers for insurance and risk
management needs;
(d) The insurance carrier that has insurance in effect
covering the employer or a prospective employer;
(e) The insurance carrier that has motor vehicle or life
insurance in effect covering the named individual;
(f) The insurance carrier to which the named individual has
applied;
(g) An alcohol/drug assessment or treatment agency approved
by the department of social and health services, to which the
named individual has applied or been assigned for evaluation or
treatment; or
(h) City and county prosecuting attorneys.
(2) City attorneys and county prosecuting attorneys may
provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and
health services to which the named individual has applied or been
assigned for evaluation or treatment.
(3)(a) The director, upon proper request, shall furnish a
certified abstract covering the period of not more than the last
three years to insurance companies.
(b) The director may enter into a contractual agreement with
an insurance company or its agent for the limited purpose of
reviewing the driving records of existing policyholders for
changes to the record during specified periods of time. The
department shall establish a fee for this service, which must be
deposited in the highway safety fund. The fee for this service
must be set at a level that will not result in a net revenue loss
to the state. Any information provided under this subsection
must be treated in the same manner and subject to the same
restrictions as certified abstracts.
(4) Upon proper request, the director shall furnish a
certified abstract covering a period of not more than the last
five years to state approved alcohol/drug assessment or treatment
agencies, except that the certified abstract shall also include
records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten
years.
(5) Upon proper request, a certified abstract of the full
driving record maintained by the department shall be furnished to
a city or county prosecuting attorney, to the individual named in
the abstract, to an employer or prospective employer or an agent
acting on behalf of an employer or prospective employer of the
named individual, or to a volunteer organization for which the
named individual has submitted an application for a position that
could require the transportation of children under eighteen years
of age, adults over sixty-five years of age, or persons with
physical or mental disabilities, or to an employee or agent of a
transit authority checking prospective volunteer vanpool drivers
for insurance and risk management needs.
(6) The abstract, whenever possible, shall include:
(a) An enumeration of motor vehicle accidents in which the
person was driving;
(b) The total number of vehicles involved;
(c) Whether the vehicles were legally parked or moving;
(d) Whether the vehicles were occupied at the time of the
accident;
(e) Whether the accident resulted in any fatality;
(f) Any reported convictions, forfeitures of bail, or
findings that an infraction was committed based upon a violation
of any motor vehicle law;
(g) The status of the person's driving privilege in this
state; and
(h) Any reports of failure to appear in response to a
traffic citation or failure to respond to a notice of infraction
served upon the named individual by an arresting officer.
(7) Certified abstracts furnished to prosecutors and
alcohol/drug assessment or treatment agencies shall also indicate
whether a recorded violation is an alcohol-related offense as
defined in RCW 46.01.260(2) that was originally charged as one of
the alcohol-related offenses designated in RCW 46.01.260(2)(b)(i).
(8) The abstract provided to the insurance company shall
exclude any information, except that related to the commission of
misdemeanors or felonies by the individual, pertaining to law
enforcement officers or firefighters as defined in RCW 41.26.030,
or any officer of the Washington state patrol, while driving
official vehicles in the performance of occupational duty. The
abstract provided to the insurance company shall include
convictions for RCW 46.61.5249 and 46.61.525 except that the
abstract shall report them only as negligent driving without
reference to whether they are for first or second degree
negligent driving. The abstract provided to the insurance
company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred
prosecution under RCW 10.05.090, the abstract shall show the
deferred prosecution as well as the removal.
(9) The director shall collect for each abstract the sum of
ten dollars, fifty percent of which shall be deposited in the
highway safety fund and fifty percent of which must be deposited
according to RCW 46.68.038.
(10) Any insurance company or its agent receiving the
certified abstract shall use it exclusively for its own
underwriting purposes and shall not divulge any of the
information contained in it to a third party. No policy of
insurance may be canceled, nonrenewed, denied, or have the rate
increased on the basis of such information unless the
policyholder was determined to be at fault. No insurance company
or its agent for underwriting purposes relating to the operation
of commercial motor vehicles may use any information contained in
the abstract relative to any person's operation of motor vehicles
while not engaged in such employment, nor may any insurance
company or its agent for underwriting purposes relating to the
operation of noncommercial motor vehicles use any information
contained in the abstract relative to any person's operation of
commercial motor vehicles.
(11) Any employer or prospective employer or an agent acting
on behalf of an employer or prospective employer, or a volunteer
organization for which the named individual has submitted an
application for a position that could require the transportation
of children under eighteen years of age, adults over sixty-five
years of age, or persons with physical or mental disabilities,
receiving the certified abstract shall use it exclusively for his
or her own purpose to determine whether the licensee should be
permitted to operate a commercial vehicle or school bus, or
operate a vehicle for a volunteer organization for purposes of
transporting children under eighteen years of age, adults over
sixty-five years of age, or persons with physical or mental
disabilities, upon the public highways of this state and shall
not divulge any information contained in it to a third party.
(12) Any employee or agent of a transit authority receiving
a certified abstract for its vanpool program shall use it
exclusively for determining whether the volunteer licensee meets
those insurance and risk management requirements necessary to
drive a vanpool vehicle. The transit authority may not divulge
any information contained in the abstract to a third party.
(13) Any alcohol/drug assessment or treatment agency
approved by the department of social and health services
receiving the certified abstract shall use it exclusively for the
purpose of assisting its employees in making a determination as
to what level of treatment, if any, is appropriate. The agency,
or any of its employees, shall not divulge any information
contained in the abstract to a third party.
(14) Release of a certified abstract of the driving record
of an employee, prospective employee, or prospective volunteer
requires a statement signed by: (a) The employee, prospective
employee, or prospective volunteer that authorizes the release of
the record, and (b) the employer or volunteer organization
attesting that the information is necessary to determine whether
the licensee should be employed to operate a commercial vehicle
or school bus, or operate a vehicle for a volunteer organization
for purposes of transporting children under eighteen years of
age, adults over sixty-five years of age, or persons with
physical or mental disabilities, upon the public highways of this
state. If the employer or prospective employer authorizes an
agent to obtain this information on their behalf, this must be
noted in the statement.
(15) Any negligent violation of this section is a gross
misdemeanor.
(16) Any intentional violation of this section is a class C
felony.
[2007 c 424 § 3; 2004 c 49 § 1; 2003 c 367 § 1. Prior: 2002 c 352 § 20; 2002 c 221 § 1; 2001 c 309 § 1; 1998 c 165 § 11; 1997 c 66 § 12; prior: 1996 c 307 § 4; 1996 c 183 § 2; 1994 c 275 § 16; 1991 c 243 § 1; 1989 c 178 § 24; prior: 1987 1st ex.s c 9 § 2; 1987 c 397 § 2; 1987 c 181 § 1; 1986 c 74 § 1; 1985 ex.s. c 1 § 11; 1979 ex.s. c 136 § 84; 1977 ex.s. c 356 § 2; 1977 ex.s. c 140 § 1; 1973 1st ex.s. c 37 § 1; 1969 ex.s. c 40 § 3; 1967 c 174 § 2; 1967 c 32 § 63; 1963 c 169 § 65; 1961 ex.s. c 21 § 27.]
NOTES:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Effective date -- 2007 c 424: See note following RCW 46.20.293.
Effective dates -- 2002 c 352: See note following RCW 46.09.070.
Effective date -- 1998 c 165 §§ 8-14: See note following RCW 46.52.070.
Short title -- 1998 c 165: See note following RCW 43.59.010.
Effective date -- 1996 c 183: See note following RCW 46.52.030.
Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015.
Severability -- Effective dates -- 1989 c 178: See RCW 46.25.900 and 46.25.901.
Severability -- Effective date -- 1987 1st ex.s. c 9: See notes following RCW 46.29.050.
Intent -- 1987 c 397: See note following RCW 46.61.410.
Effective date -- 1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective date -- 1967 c 174: See note following RCW 46.29.050.
Severability -- 1963 c 169: See RCW 46.29.910.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining driving records: RCW 46.68.060.