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(1)(a) Any person licensed under this chapter who is
convicted of an offense relating to motor vehicles
for which suspension or revocation of the driver's
license is mandatory, other than vehicular homicide
or vehicular assault, or who has had his or her
license suspended, revoked, or denied under
RCW 46.20.3101, may
submit to the department an application for a
temporary restricted driver's license. The
department, upon receipt of the prescribed fee and
upon determining that the petitioner is eligible to
receive the license, may issue a temporary
restricted driver's license and may set definite
restrictions as provided in
RCW 46.20.394. No
person may petition for, and the department shall
not issue, a temporary restricted driver's license
that is effective during the first thirty days of
any suspension or revocation imposed for a violation
of
RCW 46.61.502 or
46.61.504 or, for a
suspension, revocation, or denial imposed under
RCW 46.20.3101,
during the required minimum portion of the periods
of suspension, revocation, or denial established
under (c) of this subsection.
(b) An applicant under this subsection whose
driver's license is suspended or revoked for an
alcohol-related offense shall provide proof to the
satisfaction of the department that a functioning
ignition interlock device has been installed on a
vehicle owned or operated by the person.
(i) The department shall require the person to
maintain such a device on a vehicle owned or
operated by the person and shall restrict the person
to operating only vehicles equipped with such a
device, for the remainder of the period of
suspension, revocation, or denial.
(ii) Subject to any periodic renewal
requirements established by the department pursuant
to this section and subject to any applicable
compliance requirements under this chapter or other
law, a temporary restricted driver's license granted
after a suspension or revocation under
RCW 46.61.5055 or
46.20.3101 extends
through the remaining portion of any concurrent or
consecutive suspension or revocation that may be
imposed as the result of administrative action and
criminal conviction arising out of the same
incident.
(iii) The time period during which the person
is licensed under this section shall apply on a
day-for-day basis toward satisfying the period of
time the ignition interlock device restriction is
required under
RCW 46.20.720 (1)
and (2) (a), (b), and (c).
(c) The department shall provide by rule the
minimum portions of the periods of suspension,
revocation, or denial set forth in
RCW 46.20.3101
after which a person may apply for a temporary
restricted driver's license under this section. In
establishing the minimum portions of the periods of
suspension, revocation, or denial, the department
shall consider the requirements of federal law
regarding state eligibility for grants or other
funding, and shall establish such periods so as to
ensure that the state will maintain its eligibility,
or establish eligibility, to obtain incentive grants
or any other federal funding.
(2)(a) A person licensed under this chapter
whose driver's license is suspended administratively
due to failure to appear or pay a traffic ticket
under
RCW 46.20.289; a
violation of the financial responsibility laws under
chapter 46.29 RCW; or for multiple violations within
a specified period of time under
RCW 46.20.291, may
apply to the department for an occupational driver's
license.
(b) If the suspension is for failure to
respond, pay, or comply with a notice of traffic
infraction or conviction, the applicant must enter
into a payment plan with the court.
(c) An occupational driver's license issued to
an applicant described in (a) of this subsection
shall be valid for the period of the suspension or
revocation.
(3) An applicant for an occupational or
temporary restricted driver's license who qualifies
under subsection (1) or (2) of this section is
eligible to receive such license only if:
(a) Within seven years immediately preceding
the date of the offense that gave rise to the
present conviction or incident, the applicant has
not committed vehicular homicide under
RCW 46.61.520 or
vehicular assault under
RCW 46.61.522; and
(b) The applicant demonstrates that it is
necessary for him or her to operate a motor vehicle
because he or she:
(i) Is engaged in an occupation or trade that
makes it essential that he or she operate a motor
vehicle;
(ii) Is undergoing continuing health care or
providing continuing care to another who is
dependent upon the applicant;
(iii) Is enrolled in an educational institution
and pursuing a course of study leading to a diploma,
degree, or other certification of successful
educational completion;
(iv) Is undergoing substance abuse treatment or
is participating in meetings of a twelve-step group
such as Alcoholics Anonymous that requires the
petitioner to drive to or from the treatment or
meetings;
(v) Is fulfilling court-ordered community
service responsibilities;
(vi) Is in a program that assists persons who
are enrolled in a WorkFirst program pursuant to
chapter 74.08A RCW to become gainfully employed and
the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job
training, or welfare-to-work program; or
(viii) Presents evidence that he or she has
applied for a position in an apprenticeship or
on-the-job training program for which a driver's
license is required to begin the program, provided
that a license granted under this provision shall be
in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of
financial responsibility under chapter 46.29 RCW;
and
(d) Upon receipt of evidence that a holder of
an occupational driver's license granted under this
subsection is no longer enrolled in an
apprenticeship or on-the-job training program, the
director shall give written notice by first class
mail to the driver that the occupational driver's
license shall be canceled. The effective date of
cancellation shall be fifteen days from the date of
mailing the notice. If at any time before the
cancellation goes into effect the driver submits
evidence of continued enrollment in the program, the
cancellation shall be stayed. If the cancellation
becomes effective, the driver may obtain, at no
additional charge, a new occupational driver's
license upon submittal of evidence of enrollment in
another program that meets the criteria set forth in
this subsection; and
(e) The department shall not issue an
occupational driver's license under (b)(iv) of this
subsection if the applicant is able to receive
transit services sufficient to allow for the
applicant's participation in the programs referenced
under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the
department on the application for an occupational or
temporary restricted driver's license may request a
hearing as provided by rule of the department.
(5) The director shall cancel an occupational
or temporary restricted driver's license upon
receipt of notice that the holder thereof has been
convicted of operating a motor vehicle in violation
of its restrictions, or of a separate offense that
under chapter 46.20 RCW would warrant suspension or
revocation of a regular driver's license. The
cancellation is effective as of the date of the
conviction, and continues with the same force and
effect as any suspension or revocation under this
title. |
