RCW 46.25.010
Definitions. (Effective until January 30,
2012.)
The definitions set forth in this section apply
throughout this chapter.
(1) "Alcohol" means any substance containing any form of
alcohol, including but not limited to ethanol, methanol,
propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred
milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten
liters of breath.
(3) "Commercial driver's license" (CDL) means a license
issued to an individual under chapter 46.20 RCW that has been
endorsed in accordance with the requirements of this chapter to
authorize the individual to drive a class of commercial motor
vehicle.
(4) The "commercial driver's license information system"
(CDLIS) is the information system established pursuant to the
CMVSA to serve as a clearinghouse for locating information
related to the licensing and identification of commercial motor
vehicle drivers.
(5) "Commercial driver's instruction permit" means a permit
issued under RCW 46.25.060(5).
(6) "Commercial motor vehicle" means a motor vehicle or
combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
(a) Has a gross vehicle weight rating of 11,794 kilograms or
more (26,001 pounds or more) inclusive of a towed unit with a
gross vehicle weight rating of more than 4,536 kilograms (10,000
pounds or more); or
(b) Has a gross vehicle weight rating of 11,794 kilograms or
more (26,001 pounds or more); or
(c) Is designed to transport sixteen or more passengers,
including the driver; or
(d) Is of any size and is used in the transportation of
hazardous materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of guilt,
or a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or by an
authorized administrative tribunal, an unvacated forfeiture of
bail or collateral deposited to secure the person's appearance in
court, a plea of guilty or nolo contendere accepted by the court,
the payment of a fine or court cost, entry into a deferred
prosecution program under chapter 10.05 RCW, or violation of a
condition of release without bail, regardless of whether or not
the penalty is rebated, suspended, or probated.
(8) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical
control of a motor vehicle in any place open to the general
public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation
or physical control of a motor vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009, including, but not limited to, those substances
defined by 49 C.F.R. 40.3.
(11) "Employer" means any person, including the United
States, a state, or a political subdivision of a state, who owns
or leases a commercial motor vehicle, or assigns a person to
drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value
specified by the manufacturer as the maximum loaded weight of a
single vehicle. The GVWR of a combination or articulated
vehicle, commonly referred to as the "gross combined weight
rating" or GCWR, is the GVWR of the power unit plus the GVWR of
the towed unit or units. If the GVWR of any unit cannot be
determined, the actual gross weight will be used. If a vehicle
with a GVWR of less than 11,794 kilograms (26,001 pounds or less)
has been structurally modified to carry a heavier load, then the
actual gross weight capacity of the modified vehicle, as
determined by RCW 46.44.041 and 46.44.042, will be used as the
GVWR.
(13) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. Sec. 5103 and is required
to be placarded under subpart F of 49 C.F.R. part 172 or any
quantity of a material listed as a select agent or toxin in 42
C.F.R. part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power
used on highways, or any other vehicle required to be registered
under the laws of this state, but does not include a vehicle,
machine, tractor, trailer, or semitrailer operated exclusively on
a rail.
(15) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, Canadian,
Mexican, or local jurisdiction that a driver, a commercial motor
vehicle, or a motor carrier operation is out-of-service pursuant
to 49 C.F.R. 386.72, 392.5, 395.13, 396.9, or compatible laws, or
the North American uniform out-of-service criteria.
(16) "Positive alcohol confirmation test" means an alcohol
confirmation test that:
(a) Has been conducted by a breath alcohol technician under
49 C.F.R. 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under
circumstances that constitute the refusal of an alcohol test
under 49 C.F.R. 40, will be considered equivalent to a report of
a positive alcohol confirmation test for the purposes of this
chapter.
(17) "School bus" means a commercial motor vehicle used to
transport preprimary, primary, or secondary school students from
home to school, from school to home, or to and from
school-sponsored events. School bus does not include a bus used
as a common carrier.
(18) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or
more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) A violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, arising
in connection with an accident or collision resulting in death to
any person;
(d) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(e) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession; however, any
individual who provides proof to the court by the date the
individual must appear in court or pay any fine for such a
violation, that the individual held a valid CDL on the date the
citation was issued, is not guilty of a "serious traffic
offense";
(f) Driving a commercial motor vehicle without the proper
class of commercial driver's license endorsement or endorsements
for the specific vehicle group being operated or for the
passenger or type of cargo being transported; and
(g) Any other violation of a state or local law relating to
motor vehicle traffic control, other than a parking violation,
that the department determines by rule to be serious.
(19) "State" means a state of the United States and the
District of Columbia.
(20) "Substance abuse professional" means an alcohol and
drug specialist meeting the credentials, knowledge, training, and
continuing education requirements of 49 C.F.R. 40.281.
(21) "Tank vehicle" means a vehicle that is designed to
transport a liquid or gaseous material within a tank that is
either permanently or temporarily attached to the vehicle or the
chassis. Tank vehicles include, but are not limited to cargo
tanks and portable tanks. However, this definition does not
include portable tanks having a rated capacity under one thousand
gallons.
(22) "United States" means the fifty states and the District
of Columbia.
(23) "Verified positive drug test" means a drug test result
or validity testing result from a laboratory certified under the
authority of the federal department of health and human services
that:
(a) Indicates a drug concentration at or above the cutoff
concentration established under 49 C.F.R. 40.87; and
(b) Has undergone review and final determination by a
medical review officer.
A report that a person has refused a drug test, under
circumstances that constitute the refusal of a federal department
of transportation drug test under 49 C.F.R. 40, will be
considered equivalent to a report of a verified positive drug
test for the purposes of this chapter.
[2009 c 181 § 2. Prior: 2006 c 327 § 2; 2006 c 50 § 1; 2005 c 325 § 2; 2004 c 187 § 2; 1996 c 30 § 1; 1989 c 178 § 3.]
NOTES:
Intent -- 2005 c 325: "It is the intent of the legislature to promote the safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful substances. The legislature recognizes that transit operators and their employers are an asset to the public transportation system and continuously strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting requirements serve only to enhance the current efforts of these dedicated employers and employees as they continue to provide a safe public transportation system to the citizens of Washington." [2005 c 325 § 1.]
Effective date -- 1996 c 30: "This act takes effect October 1, 1996." [1996 c 30 § 5.]
RCW 46.25.010
Definitions. (Effective January 30, 2012.)
The definitions set forth in this section apply throughout this
chapter.
(1) "Alcohol" means any substance containing any form of
alcohol, including but not limited to ethanol, methanol,
propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred
milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten
liters of breath.
(3) "Commercial driver's license" (CDL) means a license
issued to an individual under chapter 46.20 RCW that has been
endorsed in accordance with the requirements of this chapter to
authorize the individual to drive a class of commercial motor
vehicle.
(4) The "commercial driver's license information system"
(CDLIS) is the information system established pursuant to 49
U.S.C. Sec. 31309 to serve as a clearinghouse for locating
information related to the licensing and identification of
commercial motor vehicle drivers.
(5) "Commercial driver's instruction permit" means a permit
issued under RCW 46.25.060(5).
(6) "Commercial motor vehicle" means a motor vehicle or
combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
(a) Has a gross vehicle weight rating of 11,794 kilograms or
more (26,001 pounds or more) inclusive of a towed unit with a
gross vehicle weight rating of more than 4,536 kilograms (10,000
pounds or more); or
(b) Has a gross vehicle weight rating of 11,794 kilograms or
more (26,001 pounds or more); or
(c) Is designed to transport sixteen or more passengers,
including the driver; or
(d) Is of any size and is used in the transportation of
hazardous materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of guilt,
or a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or by an
authorized administrative tribunal, an unvacated forfeiture of
bail or collateral deposited to secure the person's appearance in
court, a plea of guilty or nolo contendere accepted by the court,
the payment of a fine or court cost, entry into a deferred
prosecution program under chapter 10.05 RCW, or violation of a
condition of release without bail, regardless of whether or not
the penalty is rebated, suspended, or probated.
(8) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical
control of a motor vehicle in any place open to the general
public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation
or physical control of a motor vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009, including, but not limited to, those substances
defined by 49 C.F.R. Sec. 40.3.
(11) "Employer" means any person, including the United
States, a state, or a political subdivision of a state, who owns
or leases a commercial motor vehicle, or assigns a person to
drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value
specified by the manufacturer as the maximum loaded weight of a
single vehicle. The GVWR of a combination or articulated
vehicle, commonly referred to as the "gross combined weight
rating" or GCWR, is the GVWR of the power unit plus the GVWR of
the towed unit or units. If the GVWR of any unit cannot be
determined, the actual gross weight will be used. If a vehicle
with a GVWR of less than 11,794 kilograms (26,001 pounds or less)
has been structurally modified to carry a heavier load, then the
actual gross weight capacity of the modified vehicle, as
determined by RCW 46.44.041 and 46.44.042, will be used as the
GVWR.
(13) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. Sec. 5103 and is required
to be placarded under subpart F of 49 C.F.R. Part 172 or any
quantity of a material listed as a select agent or toxin in 42
C.F.R. Part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power
used on highways, or any other vehicle required to be registered
under the laws of this state, but does not include a vehicle,
machine, tractor, trailer, or semitrailer operated exclusively on
a rail.
(15) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, Canadian,
Mexican, or local jurisdiction that a driver, a commercial motor
vehicle, or a motor carrier operation is out-of-service pursuant
to 49 C.F.R. Secs. 386.72, 392.5, 395.13, 396.9, or compatible
laws, or the North American uniform out-of-service criteria.
(16) "Positive alcohol confirmation test" means an alcohol
confirmation test that:
(a) Has been conducted by a breath alcohol technician under
49 C.F.R. Part 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under
circumstances that constitute the refusal of an alcohol test
under 49 C.F.R. Part 40, will be considered equivalent to a
report of a positive alcohol confirmation test for the purposes
of this chapter.
(17) "School bus" means a commercial motor vehicle used to
transport preprimary, primary, or secondary school students from
home to school, from school to home, or to and from
school-sponsored events. School bus does not include a bus used
as a common carrier.
(18) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or
more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) A violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, arising
in connection with an accident or collision resulting in death to
any person;
(d) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(e) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession; however, any
individual who provides proof to the court by the date the
individual must appear in court or pay any fine for such a
violation, that the individual held a valid CDL on the date the
citation was issued, is not guilty of a "serious traffic
offense";
(f) Driving a commercial motor vehicle without the proper
class of commercial driver's license endorsement or endorsements
for the specific vehicle group being operated or for the
passenger or type of cargo being transported; and
(g) Any other violation of a state or local law relating to
motor vehicle traffic control, other than a parking violation,
that the department determines by rule to be serious.
(19) "State" means a state of the United States and the
District of Columbia.
(20) "Substance abuse professional" means an alcohol and
drug specialist meeting the credentials, knowledge, training, and
continuing education requirements of 49 C.F.R. Sec. 40.281.
(21) "Tank vehicle" means a vehicle that is designed to
transport a liquid or gaseous material within a tank that is
either permanently or temporarily attached to the vehicle or the
chassis. Tank vehicles include, but are not limited to cargo
tanks and portable tanks. However, this definition does not
include portable tanks having a rated capacity under one thousand
gallons.
(22) "Type of driving" means one of the following:
(a) "Nonexcepted interstate," which means the CDL holder or
applicant operates or expects to operate in interstate commerce,
is both subject to and meets the qualification requirements under
49 C.F.R. Part 391 as it existed on January 30, 2012, or such
subsequent date as may be provided by the department by rule,
consistent with the purposes of this section, and is required to
obtain a medical examiner's certificate under 49 C.F.R. Sec.
391.45 as it existed on January 30, 2012, or such subsequent date
as may be provided by the department by rule, consistent with the
purposes of this section;
(b) "Excepted interstate," which means the CDL holder or
applicant operates or expects to operate in interstate commerce,
but engages exclusively in transportation or operations excepted
under 49 C.F.R. Secs. 390.3(f), 391.2, 391.68, or 398.3, as they
existed on January 30, 2012, or such subsequent date as may be
provided by the department by rule, consistent with the purposes
of this section, from all or parts of the qualification
requirements of 49 C.F.R. Part 391 as it existed on January 30,
2012, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section,
and is therefore not required to obtain a medical examiner's
certificate under 49 C.F.R. Sec. 391.45 as it existed on January
30, 2012, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this section;
(c) "Nonexcepted intrastate," which means the CDL holder or
applicant operates only in intrastate commerce and is therefore
subject to state driver qualification requirements; or
(d) "Excepted intrastate," which means the CDL holder or
applicant operates in intrastate commerce, but engages
exclusively in transportation or operations excepted from all or
parts of the state driver qualification requirements.
(23) "United States" means the fifty states and the District
of Columbia.
(24) "Verified positive drug test" means a drug test result
or validity testing result from a laboratory certified under the
authority of the federal department of health and human services
that:
(a) Indicates a drug concentration at or above the cutoff
concentration established under 49 C.F.R. Sec. 40.87; and
(b) Has undergone review and final determination by a
medical review officer.
A report that a person has refused a drug test, under
circumstances that constitute the refusal of a federal department
of transportation drug test under 49 C.F.R. Part 40, will be
considered equivalent to a report of a verified positive drug
test for the purposes of this chapter.
[2011 c 227 § 1; 2009 c 181 § 2. Prior: 2006 c 327 § 2; 2006 c 50 § 1; 2005 c 325 § 2; 2004 c 187 § 2; 1996 c 30 § 1; 1989 c 178 § 3.]
NOTES:
Effective date -- 2011 c 227 §§ 1-3: See note following RCW 46.25.075.
Intent -- 2005 c 325: "It is the intent of the legislature to promote the safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful substances. The legislature recognizes that transit operators and their employers are an asset to the public transportation system and continuously strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting requirements serve only to enhance the current efforts of these dedicated employers and employees as they continue to provide a safe public transportation system to the citizens of Washington." [2005 c 325 § 1.]
Effective date -- 1996 c 30: "This act takes effect October 1, 1996." [1996 c 30 § 5.]