Title 46, Title 46 MOTOR VEHICLES

The legislature finds that the department of licensing administers laws relating to the licensing and regulation of professions, businesses, and other activities in addition to administering laws relating to the licensing and regulation of vehicles and vehicle operators, dealers,…

A department of the government of this state to be known as the "department of licensing" is hereby created.[ 1979 c 158 s 114; 1977 ex.s. c 334 s 2; 1965 c 156 s 2.]Notes:Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.

The department is responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:(1) Driver examining and licensing;(2) Driver improvement;(3) Driver records;(4) Financial responsibility;(5) Certificates of title;(6) Vehicle reg…

The department is vested with all powers, functions, and duties with respect to and including the following:(1) The fuel tax and aircraft fuel tax as provided in chapters 82.38 and 82.42 RCW;(2) The motor vehicle excise tax as provided in chapter 82.44 RCW;(3) The travel trailers…

Functions named in RCW 46.01.030 which have been performed by the state patrol as agent of the director of licenses before June 30, 1965 shall be performed by the department of licensing after June 30, 1965.[ 1979 c 158 s 118; 1965 c 156 s 7.]

Directors shall organize the department in such manner as they may deem necessary to segregate and conduct the work of the department.[ 1990 c 250 s 16; 1965 c 156 s 10.]

The director may adopt and enforce rules to carry out provisions related to vehicle registrations, certificates of title, and drivers' licenses. These rules must not be based:(1) Solely on a section of law stating a statute's intent or purpose;(2) On the enabling provisions of th…

The department of licensing may adopt rules as necessary to implement chapter 165, Laws of 1998.[ 1998 c 165 s 14.]Notes:Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.Short title—1998 c 165: See note following RCW 43.59.010.

The director:(1) Shall supervise and control the issuing of vehicle certificates of title, vehicle registrations, and vehicle license plates, and has the full power to do all things necessary and proper to carry out the provisions of the law relating to the registration of vehicl…

(1) There is established an investigation unit within the department for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful in the programs administered by the department. The director will employ qualified supervisory, legal…

(1) County auditor/agent duties. A county auditor or other agent appointed by the director must:(a) Enter into a standard contract provided by the director;(b) Provide all services authorized by the director for vehicle certificates of title and vehicle registration applications …

The department may maintain such branch offices within the state as the director may deem necessary properly to carry out the powers and duties vested in the department.[ 1965 c 156 s 15.]Notes:Office of department, maintenance at state capital: RCW 43.17.050.

The director shall prescribe and provide suitable forms of applications, certificates of title and registration certificates, drivers' licenses, and all other forms and licenses requisite or deemed necessary to carry out the provisions of this title and any other laws the enforce…

The department shall have an official seal with the words "Department of Licensing of Washington" engraved thereon.[ 1977 ex.s. c 334 s 4; 1965 c 156 s 17.]Notes:Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.

Officers and employees of the department designated by the director are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures and shall do so without fee.[ 1965 c 156 s 18.]Notes:Oath of director: RCW 43.17.030.

The director of licensing may designate the Washington state patrol as an agent to secure the surrender of drivers' licenses which have been suspended, revoked, or canceled pursuant to law.[ 1979 c 158 s 123; 1965 c 156 s 19.]

(1) The department may accept checks and money orders for the payment of drivers' licenses, certificates of title and vehicle registrations, vehicle excise taxes, gross weight fees, and other fees and taxes collected by the department. Whenever registrations, licenses, or permits…

The department may adopt necessary rules and procedures to allow use of credit and debit cards for payment of fees and excise taxes to the department and its agents or subagents related to the licensing of drivers, the issuance of identicards, and vehicle and vessel certificates …

(1) The department shall provide on its internet payment option website:(a) That a filing fee will be collected on all transactions subject to a filing fee;(b) That a subagent service fee will be collected by a subagent office for mail or pickup licensing services; and(c) The amo…

The director shall have the power and it shall be his or her duty upon request and payment of the fee as provided herein to furnish under seal of the director certified copies of any records of the department, except those for confidential use only. The director shall charge and …

(1) Except as provided in subsection (2) of this section, the director may destroy applications for vehicle registrations, copies of vehicle registrations issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or oth…

A county auditor or other agent appointed by the director may destroy applications for vehicle registrations and any copies of vehicle registrations or other records issued after those records have been on file in the county auditor's or other agent's office for a period of eight…

The director shall report annually to the governor on the activities of the department.[ 1977 c 75 s 66; 1967 c 32 s 5; 1965 c 28 s 1; 1961 ex.s. c 21 s 29. Formerly RCW 46.08.200.]

No civil suit or action may ever be commenced or prosecuted against the director, the state of Washington, any county auditor or other agents appointed by the director, any other government officer or entity, or against any other person, by reason of any act done or omitted to be…

A civil suit or action may not be commenced or prosecuted against the director, the state of Washington, any driver training school licensed by the department, any other government officer or entity, including a school district or an employee of a school district, or against any …

Notes:Reviser's note: RCW 46.01.320 was amended by 2010 c 161 s 1110 without reference to its repeal by 2010 1st sp.s. c 7 s 137. It has been decodified for publication purposes under RCW 1.12.025.

The state patrol and the department of licensing shall coordinate their activities when siting facilities. This coordination shall result in the collocation of driver and vehicle licensing and vehicle inspection service facilities whenever possible.The department and state patrol…

By December 31, 1996, the department of licensing shall implement a PC or server-based database of fuel dealer and distributor license application information.[ 1996 c 104 s 17.]

By July 1, 1996, the department of licensing shall establish a fuel tax advisory group comprised of state agency and petroleum industry representatives to develop or recommend audit and investigation techniques, changes to fuel tax statutes and rules, information protocols that a…

To ensure cost recovery for department of licensing services, the department of licensing shall submit a fee study to the transportation committees of the house of representatives and the senate by December 1, 2003, and on a biennial basis thereafter. Based on this fee study, the…

The department may, in coordination with the state parks and recreation commission, offer for sale and distribute discover passes and day-use permits, as provided in chapter 79A.80 RCW, at the department's drivers' licenses offices. Any amounts collected by the department through…

The department must implement cost recovery mechanisms to recoup at least a portion of credit card and other financial transaction costs as part of charges imposed for driver and vehicle fee transactions. The department must develop a method of tracking the amount of credit card …

The agency financial transaction account is created in the state treasury. Receipts directed by law to the account from cost recovery charges for credit card and other financial transaction fees must be deposited into the account. Moneys in the account may be spent only after app…

Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary.Words and phrases used herein in the past, present or future tense shall include the past…

"4-H license plates" means special license plates issued under RCW 46.18.200 that display the "4-H" logo.[ 2012 c 65 s 2.]Notes:Effective date—2012 c 65: See note following RCW 46.18.200.

"Affidavit of loss" means a written statement confirming that the certificate of title, registration certificate, gross weight license, validation tab, or decal has been lost, stolen, destroyed, or mutilated. The statement must be in a form prescribed by the director.[ 2010 c 161…

"Agent," for the purposes of entering into the standard contract required under RCW 46.01.140(1), means any county auditor or other individual, government, or business entity other than a subagent that is appointed to carry out vehicle registration and certificate of title functi…

"Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of a person's breath, or (2) grams of alcohol per one hundred milliliters of a person's blood.[ 1995 c 332 s 17; 1994 c 275 s 1.]Notes:Severability—Effective dates—1995 c 332: See notes following RCW 46…

"Alley" means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.[ 1961 c 12 s 46.04.020. Prior: 1959 c 49 s 3; prior: 1937 c 189 s 1, part; RRS s 6360-1, part.]

"Amateur radio operator license plates" means special license plates displaying amateur radio call letters assigned by the federal communications commission.[ 2010 c 161 s 103.]Notes:Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments mad…

"Armed forces license plate collection" means the collection of six separate license plate designs issued under RCW 46.18.210. Each license plate design displays a symbol representing one of the five branches of the armed forces, and one representing the national guard.[ 2010 c 1…

"Arterial highway" means every public highway, or portion thereof, designated as such by proper authority.[ 1961 c 12 s 46.04.030. Prior: 1959 c 49 s 4; prior: 1937 c 189 s 1, part; RRS s 6360-1, part.]

"Authorized emergency vehicle" means any vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private, which need not be classified, registered or authorized by the state patrol, …

"Auto stage" means any motor vehicle used for the purpose of carrying passengers together with incidental baggage and freight or either, on a regular schedule of time and rates: PROVIDED, That no motor vehicle shall be considered to be an auto stage where substantially the entire…

"Axle" means structure or structures in the same or approximately the same transverse plane with a vehicle supported by wheels and on which or with which such wheels revolve.[ 1961 c 12 s 46.04.060. Prior: 1959 c 49 s 7; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem.…

"Bicycle" means every device propelled solely by human power, or an electric-assisted bicycle as defined in RCW 46.04.169, upon which a person or persons may ride, having two tandem wheels either of which is sixteen inches or more in diameter, or three wheels, any one of which is…

"Breast cancer awareness license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing breast cancer awareness.[ 2014 c 77 s 6.]Notes:Effective date—2014 c 77: See note following RCW 46.18.200.

"Business day" means Monday through Friday and excludes Saturday, Sunday, and state and federal holidays.[ 2010 c 161 s 106.]Notes:Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: Se…

"Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, an…

"Cab and chassis" means an incomplete vehicle manufactured and sold with only a cab, frame, and running gear.[ 2010 c 161 s 107.]Notes:Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161…