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Chapter 16.20
Drivers’ Licenses – IdenticardsSections:
16.20.005 Driving without a License – Misdemeanor, When.
16.20.015 Driving without a License – Traffic Infraction, When.
16.20.017 License in Immediate Possession and Displayed On Demand.
16.20.022 Unlicensed Drivers – Subject to RCW Title 46.
16.20.024 Unlawful to Allow Unauthorized Minor Child or Ward to Drive.
16.20.041 Physically or Mentally Disabled Persons – Restrictions – Violations – Penalty.
16.20.045 School Bus, For-Hire Drivers – Age.
16.20.075 Intermediate License.
16.20.0921 Violations – Penalty.
16.20.190 Repealed.
16.20.220 Unlawful Renting of Vehicle to Unlicensed Person – Rental Record.
16.20.270 Repealed.
16.20.309 Repealed.
16.20.336 Repealed.
16.20.338 Display or Possession of Canceled, Revoked, Suspended License or Identicard.
16.20.342 Driving while License Invalidated – Penalties – Extension of Invalidation.
16.20.343 Repealed.
16.20.344 Repealed.
16.20.345 Operation Under Other License or Permit While License Suspended or Revoked – Penalty.
16.20.394 Occupational Driver’s License – Departmental Issuance – Detailed Restrictions – Violation.
16.20.410 Occupational Driver’s License – Penalty.
16.20.416 Repealed.
16.20.420 Repealed.
16.20.430 Stopping Vehicle Registered to Suspended or Revoked Driver – Display of License.
16.20.435 Repealed.
16.20.440 Repealed.
16.20.500 Special Endorsement – Exception.
16.20.720 Drivers Convicted of Alcohol Offenses.
16.20.730 Ignition Interlock Device – Other Biological or Technical Device – Definitions.
16.20.740 Ignition Interlock or Other Biological or Technical Device.
16.20.750 Ignition Interlocks, Biological Technical Devices – Assisting Another in Starting or Operating Penalty.
16.20.005 Driving without a License – Misdemeanor, When.
Except as expressly exempted by RCW chapter 46.20, or the equivalent provisions of this title, it is a misdemeanor for a person to drive any motor vehicle upon a highway in this city without a valid drivers license issued to Washington residents under RCW chapter 46.20. This section does not apply if at the time of the stop the person is not in violation of RCW 46.20.342(1) or 46.20.420, or the equivalent provisions of this title, and has in his or her possession an expired drivers license or other valid identifying documentation under RCW 46.20.035. A violation of this section is a lesser included offense within the offenses described in RCW 46.20.342(1) or 46.20.420, or the equivalent provisions of this title. (Chapter 66, 1997 Laws, section 1)
[Ord. C32040; Passed: 11/24/1997]
16.20.015 Driving without a License – Traffic Infraction, When.
1. Except as expressly exempted by RCW chapter 46.20, or the equivalent provisions of this title, it is a traffic infraction and not a misdemeanor under RCW 46.20.005, or SMC 16.20.005, if a person:
a. Drives any motor vehicle upon a highway in this city without a valid driver’s license issued to Washington residents under RCW chapter 46.20 in his or her possession;
b. Provides the citing officer with an expired driver’s license or other valid identifying documentation under RCW 46.20.035 at the time of the stop; and
c. and Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or 46.20.420, or the equivalent provisions of this title.
2. A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars.
[Ord. C32489; Passed: 9/13/1999]
16.20.017 License in Immediate Possession and Displayed On Demand.
Every licensee shall have his driver’s license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. The offense described in this section or RCW 46.20.017 is a nonmoving offense. (Formerly SMC 16.20.190.)
[Ord. C32905 § 13; Passed: 9/10/2001]
Cross Reference: Notes: Driver’s license, duty to display under other circumstances: RCW 46.52.020, 46.61.020, 46.61.021.
16.20.022 Unlicensed Drivers – Subject to RCW Title 46.
Any person who operates a motor vehicle on the public highways of this city without a driver’s license or nonresident privilege to drive shall be subject to all of the provisions of this title and RCW title 46 to the same extent as a person who is licensed.
[Ord. C31398 § 186; Passed: 6/5/1995]
Cross Reference: Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
16.20.024 Unlawful to Allow Unauthorized Minor Child or Ward to Drive.
No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this chapter or RCW chapter 46.20. (Renumbered from SMC 16.20.343 to 16.20.024.)
[Ord. C32905 § 14; Passed: 9/10/2001]
16.20.041 Physically or Mentally Disabled Persons – Restrictions – Violations – Penalty.
1. Reserved.
2. Reserved.
3. Reserved.
4. Reserved.
5. It is a traffic infraction for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her.
[Ord. C31398 § 187; Passed: 6/5/1995]
16.20.045 School Bus, For-Hire Drivers – Age.
A person who is under the age of eighteen years shall not drive:
1. A school bus transporting school children; or
2. A motor vehicle transporting persons for compensation.
[Ord. C32489 § 6; Passed: 9/13/1999]
16.20.075 Intermediate License.
1. Reserved.
2. For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder’s immediate family as defined in RCW 42.17.020. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder’s immediate family.
3. The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m. except when the holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age.
4. It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.
5. Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or RCW title 46 or some other offense.
6. An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.
7. An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the twelve-month period following the issuance of the intermediate license, he or she:
a. Has not been involved in an automobile accident; and
b. Has not been convicted or found to have committed a traffic offense described in RCW chapter 46.61 or violated restrictions placed on an intermediate licensee under this section.
[Ord. C32905 § 7; Passed: 9/10/2001]
Cross Reference: Ch. 115, Laws of 2000, § 2.
16.20.0921 Violations – Penalty.
It is a misdemeanor for any person:
1. To display or cause or permit to be displayed or have in his or her possession any fictitious or fraudulently altered driver’s license or identicard;
2. To lend his or her driver’s license or identicard to any other person or knowingly permit the use thereof by another;
3. To display or represent as one’s own any driver’s license or identicard not issued to him or her;
4. Willfully to fail or refuse to surrender to the department upon its lawful demand any driver’s license or identicard which has been suspended, revoked or canceled;
5. To use a false or fictitious name in any application for a driver’s license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
6. To permit any unlawful use of a driver’s license or identicard issued to him or her. (Renumbered from SMC 16.20.336 to 16.20.0921.)
[Ord. C32905 § 15; Passed: 9/10/2001]
16.20.190 Repealed.
Repealed.
[Ord. C32905 § 12; Passed: 9/10/2001]
16.20.220 Unlawful Renting of Vehicle to Unlicensed Person – Rental Record.
1. It shall be unlawful for any person to rent a motor vehicle of any kind including a motorcycle to any other person unless the latter person is then duly licensed as a vehicle driver for the kind of motor vehicle being rented in this state, or, in case of a nonresident, then that he is duly licensed as a driver under the laws of the state or country of his residence, except a nonresident whose home state or country does not require that a motor vehicle driver be licensed;
2. It shall be unlawful for any person to rent a motor vehicle to another person until he has inspected the vehicle driver’s license of such other person and compared and verified the signature thereon with the signature of such other person, written in his presence;
3. Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle driver’s license of the person renting the vehicle and the date and place when and where such vehicle driver’s license was issued. Such record shall be open to inspection by any police officer or anyone acting for the director.
[Ord. C31398 § 190; Passed: 6/5/1995]
Cross Reference: Allowing unauthorized person to drive: RCW 46.16.011, 46.20.344;
Helmet requirements when motorcycle, motor-driven cycle, or moped rented: RCW 46.37.535.
16.20.270 Repealed.
Repealed.
[Ord. C31398 § 191; Passed: 6/5/1995]
16.20.309 Repealed.
Repealed.
[Ord. C31434 §§ 12 & 15; Passed: 8/7/1995]
16.20.336 Repealed.
Repealed.
[Ord. C32905 § 15; Passed: 9/10/2001]
16.20.338 Display or Possession of Canceled, Revoked, Suspended License or Identicard.
It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver’s license or identicard.
[Ord. C31398 § 194; Passed: 6/5/1995]
16.20.342 Driving while License Invalidated – Penalties – Extension of Invalidation.
A. It is unlawful for any person to drive a motor vehicle in this city while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver’s license is not guilty of a violation of this section.
1. A person found to be an habitual offender under RCW chapter 46.65, who violates this section or RCW 46.20.342 while an order of revocation issued under RCW chapter 46.65 prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
2. A person who violates this section or RCW 46.20.342 while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver’s license or driving privilege, other than for a suspension for the reasons described in (3) of this subsection or of RCW 46.20.342(1)(c), is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person’s driver’s license or driving privilege has been suspended or revoked by reason of:
a. a conviction of a felony in the commission of which a motor vehicle was used;
b. a previous conviction under this section or RCW 46.20.342;
c. a notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
d. a conviction of RCW 46.20.410, or the equivalent provisions of this title, relating to the violation of restrictions of an occupational or a temporary restricted driver’s license;
e. a conviction of RCW 46.20.345, or the equivalent provisions of this title, relating to the operation of a motor vehicle with a suspended or revoked license;
f. a conviction of RCW 46.52.020, or the equivalent provisions of this title, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
g. a conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
h. a conviction of RCW 46.61.500, or the equivalent provisions of this title, relating to reckless driving;
i. a conviction of RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, relating to a person under the influence of intoxicating liquor or drugs;
j. a conviction of RCW 46.61.520, relating to vehicular homicide;
k. a conviction of RCW 46.61.522, relating to vehicular assault;
l. a conviction of RCW 46.61.527(4), or the equivalent provisions of this title, relating to reckless endangerment of roadway workers;
m. a conviction of RCW 46.61.530, or the equivalent provisions of this title, relating to racing of vehicles on highways;
n. a conviction of RCW 46.61.685, or the equivalent provisions of this title, relating to leaving children in an unattended vehicle with motor running;
o. a conviction of section 1 of chapter 325, Laws of 2000, relating to theft of motor vehicle fuel;
p. a conviction of RCW 46.64.048, or the equivalent provisions of this title, relating to attempting, aiding, abetting, coercing, and committing crimes;
q. an administrative action taken by the department under RCW chapter 46.20; or
r. a conviction of a local law, ordinance, regulation or resolution of a political subdivision of this state, the federal government or any other state, of an offense substantially similar to a violation included in this subsection.
3. A person who violates this section or RCW 46.20.342 when his or her driver’s license or driving privilege is, at the time of the violation, suspended or revoked solely because:
a. The person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program;
b. The person must furnish proof of financial responsibility for the future as provided by RCW chapter 46.29;
c. The person has failed to comply with the provisions of RCW chapter 46.29 relating to uninsured accidents;
d. The person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289;
e. The person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person’s driver’s license;
f. The person has been suspended or revoked by reason of one or more of the items listed in (2) of this subsection, but was eligible to reinstate his or her driver’s license or driving privilege at the time of the violation;
g. The person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate driver’s licenses;
4. or any combination of (a) through (g), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
B. Reserved.
[Ord. passed: 6/28/2004]
16.20.343 Repealed.
Repealed.
[Ord. C32905 § 14; Passed: 9/10/2001]
16.20.344 Repealed.
Repealed.
[Ord. C32198 § 2; Passed: 6/15/1998]
16.20.345 Operation Under Other License or Permit While License Suspended or Revoked – Penalty.
Any resident or nonresident whose driver’s license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in RCW title 46 shall not operate a motor vehicle in this city under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under RCW chapter 46.20. A person who violates the provisions of this section or RCW 46.20.345 is guilty of a gross misdemeanor. [Former SMC 16.20.420]
[Ord. C32905 § 16; Passed: 9/10/2001]
16.20.394 Occupational Driver’s License – Departmental Issuance – Detailed Restrictions – Violation.
Any violation of the restrictions of an occupational or a temporary restricted driver’s license constitutes a violation of RCW 46.20.342, or the equivalent provisions of this title, and subjects the person to all procedures and penalties therefor.
[Ord. passed: 6/28/2004]
16.20.410 Occupational Driver’s License – Penalty.
Any person convicted for violation of any restriction of an occupational or a temporary restricted driver’s license shall, in addition to the immediate revocation of such license and any other penalties provided by law, be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months, or both such fine and imprisonment.
[Ord. passed: 6/28/2004]
16.20.416 Repealed.
Repealed.
[Ord. C31398 § 200; Passed: 6/5/1995]
16.20.420 Repealed.
Repealed.
[Ord. C32905 § 16; Passed: 9/10/2001]
16.20.430 Stopping Vehicle Registered to Suspended or Revoked Driver – Display of License.
Any police officer who has received notice of the suspension or revocation of a driver’s license from the department of licensing, may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its license number as being registered to the person whose driver’s license has been suspended or revoked. The driver of such vehicle shall display his driver’s license upon request of the police officer.
[Ord. C31398 § 202; Passed: 6/5/1995]
16.20.435 Repealed.
Repealed.
[Ord. C31678 § 8; Passed: 7/15/1996]
16.20.440 Repealed.
Repealed.
[Ord. C31398 § 204; Passed: 6/5/1995]
16.20.500 Special Endorsement – Exception.
1. No person may drive a motorcycle or a motor-driven cycle unless such person has a valid driver’s license specially endorsed by the director to enable the holder to drive such vehicles.
2. However, a person sixteen years of age or older, holding a valid driver’s license of any class issued by the state of the person’s residence, may operate a moped without taking any special examination for the operation of a moped.
3. No driver’s license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle.
4. No driver’s license is required to operate an electric personal assistive mobility device.
[Ord. C33037 § 8; Passed: 6/10/2002]
16.20.720 Drivers Convicted of Alcohol Offenses.
A. The court may order that after a period of suspension, revocation or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific calibration setting at which the interlock will prevent the vehicle from being started. The court shall also establish the period of time for which interlock use will be required.
B. The department shall require that, after any applicable period of suspension, revocation or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance. The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area. The device is not necessary on vehicles owned by a person’s employer and driven as a requirement of employment during working hours. The ignition interlock device shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more. The period of time of the restriction will be as follows:
1. For a person who has not previously been restricted under this section, a period of one year;
2. For a person who has previously been restricted under (1) of this subsection, a period of five years;
3. For a person who has previously been restricted under (2) of this subsection, a period of ten years.
[Ord. passed: 6/28/2004]
16.20.730 Ignition Interlock Device – Other Biological or Technical Device – Definitions.
For the purposes of RCW 46.20.720, 46.20.740, and 46.20.750, or the equivalent provisions of this title, “ignition interlock device” means breath alcohol analyzed ignition equipment, certified by the state commission on equipment, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and “other biological or technical device” means any device meeting the standards of the National Highway Traffic Safety Administration or the state commission on equipment, designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The commission shall by rule provide standards for the certification, installation, repair, and removal of the devices.
[Ord. C31398 § 207; Passed: 6/5/1995]
Cross Reference: The duties of the commission on equipment were transferred to the state patrol by 1987 c 330 §§ 701 – 749.
16.20.740 Ignition Interlock or Other Biological or Technical Device.
It is a misdemeanor for a person with a notation of restriction under RCW 46.20.720 on his or her driver’s license to operate a motor vehicle that is not so equipped.
[Ord. C32905 § 1; Passed: 9/10/2001]
16.20.750 Ignition Interlocks, Biological Technical Devices – Assisting Another in Starting or Operating Penalty.
A person who knowingly assists another person who is restricted to the use of an ignition interlock or other biological or technical device to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor.
The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock or other biological or technical device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
[Ord. C31398 § 208; Passed: 6/5/1995]
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