(1)(a) In addition to all other penalties provided by law, and
except as provided otherwise in (a)(i), (ii), or (iii) of this
subsection, a commercial motor vehicle that is subject to
compliance reviews under this chapter and an officer, agent, or
employee of a company operating a commercial motor vehicle who
violates or who procures, aids, or abets in the violation of this
title or any order or rule of the state patrol is liable for a
penalty of one hundred dollars for each violation.
(i) It is a violation of this chapter for a person operating
a commercial motor vehicle to fail to comply with the
requirements of 49 C.F.R. Pt. 382, controlled substances and
alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification
of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle
placed out of service before the out of service defects have been
satisfactorily repaired. For each violation the person is liable
for a penalty of five hundred dollars.
(ii) The driver of a commercial motor vehicle who is
convicted of violating an out-of-service order is liable for a
penalty of at least two thousand five hundred dollars for a first
violation, and not less than five thousand dollars for [a] second
or subsequent violation.
(iii) An employer who allows the operation of a commercial
motor vehicle when there is an out-of-service order is liable for
a penalty of at least two thousand seven hundred fifty dollars
but not more than twenty-five thousand dollars for each
violation.
(iv) Each violation under this subsection (1)(a) is a
separate and distinct offense, and in case of a continuing
violation every day's continuance is a separate and distinct
violation.
(b) In addition to all other penalties provided by law, any
motor carrier, company, or any officer or agent of a motor
carrier or company operating a commercial motor vehicle subject
to compliance reviews under this chapter who refuses entry or to
make the required records, documents, and vehicles available to a
duly authorized agent of the state patrol is liable for a penalty
of at least five thousand dollars as well as an out-of-service
order being placed on the department of transportation number, as
defined in RCW 46.16A.010, and vehicle registration to operate.
Each violation is a separate and distinct offense, and in case of
a continuing violation every day's continuance is a separate and
distinct violation.
(c) A motor carrier operating a commercial motor vehicle
after receiving a final unsatisfactory rating or being placed out
of service is liable for a penalty of not more than eleven
thousand dollars for each violation. Each violation is a
separate and distinct offense, and in case of a continuing
violation every day's continuance is a separate and distinct
violation.
(d) A high-risk carrier is liable for double the amount of
the penalty of a prior violation if the high-risk carrier repeats
the same violation during a follow-up compliance review. Each
repeat violation is a separate and distinct offense, and in case
of a repeat continuing violation every day's continuance is a
separate and distinct violation.
(2) The Washington state patrol may place an out-of-service
order on a department of transportation number, as defined in RCW 46.16A.010, for violations of this chapter or for nonpayment of
any monetary penalties assessed by the state patrol or the
utilities and transportation commission, as a result of
compliance reviews, or for violations of cease and desist orders
issued by the utilities and transportation commission. The state
patrol shall notify the department of licensing when an
out-of-service order has been placed on a motor carrier's
department of transportation number. The state patrol shall
notify the motor carrier when there has been an out-of-service
order placed on the motor carrier's department of transportation
number and the vehicle registrations have been revoked by sending
a notice by first-class mail using the last known address for the
registered or legal owner or owners, and recording the
transmittal on an affidavit of first-class mail. Notices under
this section fulfill the requirements of RCW 46.12.550. Motor
carriers may not be eligible for a new department of
transportation number, vehicle registration, or temporary permits
to operate unless the violations that resulted in the
out-of-service order have been corrected.
(3) Any penalty provided in this section is due and payable
when the person incurring it receives a notice in writing from
the state patrol describing the violation and advising the person
that the penalty is due.
(a)(i) Any motor carrier who incurs a penalty as provided in
this section, except for a high-risk carrier that incurs a
penalty for a repeat violation during a follow-up compliance
review, may, upon written application, request that the state
patrol mitigate the penalty. An application for mitigation must
be received by the state patrol within twenty days of the receipt
of notice.
(ii) The state patrol may decline to consider any
application for mitigation.
(b) Any motor carrier who incurs a penalty as provided in
this section has a right to an administrative hearing under
chapter 34.05 RCW to contest the violation or the penalty
imposed, or both. In all such hearings, the procedure and rules
of evidence are as specified in chapter 34.05 RCW except as
otherwise provided in this chapter. Any request for an
administrative hearing must be made in writing and must be
received by the state patrol within twenty days after the later
of (i) receipt of the notice imposing the penalty, or (ii)
disposition of a request for mitigation, or the right to a
hearing is waived.
(c) All penalties recovered under this section shall be paid
into the state treasury and credited to the state patrol highway
account of the motor vehicle fund.
[2011 c 227 § 5; 2010 c 161 § 1116; 2009 c 46 § 4; 2007 c 419 § 12; 2005 c 444 § 1; 1998 c 172 § 1; 1995 c 272 § 3.]
NOTES:
Effective date -- Intent -- Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session -- 2010 c 161: See notes following RCW 46.04.013.
Findings -- Short title -- 2007 c 419: See notes following RCW 46.16A.010.
Effective dates -- 1995 c 272: See note following RCW 46.32.080.