(1) Every person, firm, partnership,
association, trustee, or corporation which operates a gasoline
service station, or other facility which offers gasoline or other
motor vehicle fuel for sale to the public from such a facility,
shall provide, upon request, refueling service to disabled drivers, unaccompanied by passengers capable of safely
providing refueling service, of vehicles which display a disabled person's license plate or placard issued by the
department of licensing. The price charged for the motor vehicle
fuel in such a case shall be no greater than that which the
facility otherwise would charge the public generally to purchase
motor vehicle fuel without refueling service. This section does
not require a facility to provide disabled drivers with services, including but not limited to
checking oil or cleaning windshields, other than refueling
services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which have remotely
controlled gas pumps and which never provide pump island service;
and
(b) Convenience stores which sell gasoline, which have
remotely controlled gas pumps and which never provide pump island
service.
(3) Any person who, as a responsible managing individual
setting service policy of a station or facility or as an employee
acting independently against set service policy, acts in
violation of this section is guilty of a misdemeanor. This
subsection shall be enforced by the prosecuting attorney.
(4) The human rights commission shall, upon the filing of a
verified written complaint by any person, investigate the actions
of any person, firm, partnership, association, trustee, or
corporation alleged to have violated this section. The complaint
shall be in the form prescribed by the commission. The
commission may, upon its own motion, issue complaints and conduct
investigations of alleged violations of this section.
RCW 49.60.240 through 49.60.280 shall apply to complaints
under this section.
(5) In addition to those matters referred pursuant to
subsection (3) of this section, the prosecuting attorney may
investigate and prosecute alleged violations of this section.
(6) Any person who intentionally displays a license plate or
placard which is invalid, or which was not lawfully issued to
that person, for the purpose of obtaining refueling service under
subsection (1) of this section shall be subject to a civil fine
of one hundred dollars for each such violation.
(7) A notice setting forth the provisions of this section
shall be provided by the department of licensing to every person,
firm, partnership, association, trustee, or corporation which
operates a gasoline service station, or other facility which
offers gasoline or other motor vehicle fuel for sale to the
public from such a facility.
(8) A notice setting forth the provisions of this section
shall be provided by the department of licensing to every person
who is issued a disabled person's license plate or placard.
(9) For the purposes of this section, "refueling service"
means the service of pumping motor vehicle fuel into the fuel
tank of a motor vehicle.
(10) Nothing in this section limits or restricts the rights
or remedies provided under chapter 49.60 RCW.
[1994 c 262 § 17; 1985 c 309 § 1. Formerly RCW 70.84.090.]