Vehicle and driver licensing

AN ACT Relating to modifying motor vehicle and driver licensing 1
laws to align with federal definitions, making technical corrections, 2
and streamlining requirements; amending RCW 46.12.635, 46.12.665, 3
46.12.665, 46.20.328, 46.20.329, 46.25.082, 46.29.050, 46.65.060, and 4
46.65.065; repealing RCW 46.18.240 and 46.18.250; providing effective 5
dates; and providing an expiration date. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 46.12.635 and 2021 c 93 s 6 are each amended to read 8
as follows: 9
(1) Notwithstanding the provisions of chapter 42.56 RCW, the name 10
or address of an individual vehicle or vessel owner shall not be 11
released by the department, county auditor, data recipient, 12
subrecipient, or agency or firm authorized by the department except 13
under the following circumstances: 14
(a) The requesting party is a business entity that requests the 15
information for use as defined by the department in rule, and in the 16
course of business; 17
(b) The request is a written request that is signed by the person 18
requesting disclosure that contains the full legal name and address 19
of the requesting party, that specifies the purpose for which the 20
information will be used; and 21
Z-0189.1
HOUSE BILL 1439
State of Washington 69th Legislature 2025 Regular Session
By Representatives Bernbaum, Abell, Donaghy, Reed, and Tharinger; by
request of Department of Licensing
Read first time 01/21/25. Referred to Committee on Transportation.
p. 1 HB 1439
(c) The requesting party enters into a disclosure agreement with 1
the department in which the party promises that the party will use 2
the information only for the purpose stated in the request for the 3
information; and that the party does not intend to use, or facilitate 4
the use of, the information for the purpose of making any unsolicited 5
business contact with a person named in the disclosed information. 6
The term "unsolicited business contact" means a contact that is 7
intended to result in, or promote, the sale of any goods or services 8
to a person named in the disclosed information. The term does not 9
apply to situations where the requesting party and such person have 10
been involved in a business transaction prior to the date of the 11
disclosure request and where the request is made in connection with 12
the transaction. 13
(2) Where both a mailing address and residence address are 14
recorded on the vehicle or vessel record and are different, only the 15
mailing address will be disclosed. Both addresses will be disclosed 16
in response to requests for disclosure from courts, law enforcement 17
agencies, or government entities with enforcement, investigative, or 18
taxing authority and only for use in the normal course of conducting 19
their business. 20
(3) The disclosing entity shall retain the request for disclosure 21
for three years. 22
(4)(a) Whenever the disclosing entity grants a request for 23
information under this section by an attorney or private 24
investigator, the disclosing entity shall provide notice to the 25
vehicle or vessel owner, to whom the information applies, that the 26
request has been granted. The notice must only include: (i) That the 27
disclosing entity has disclosed the vehicle or vessel owner's name 28
and address pursuant to a request made under this section; (ii) the 29
date that the disclosure was made; and (iii) ((that the vehicle or 30
vessel owner has five days from receipt of the notice to contact the 31
disclosing entity to determine the occupation of the requesting 32
party.33
(b) Except as provided in (c) of this subsection, the only 34
information about the requesting party that the disclosing entity may 35
disclose in response to a request made by a vehicle or vessel owner 36
under (a) of this subsection is whether the requesting party was an 37
attorney or private investigator. The request by the vehicle or 38
vessel owner must be submitted to the disclosing entity within five 39
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days of receipt of the original notice )) the occupation of the 1
requesting party. 2
(((c))) (b) In the case of a vehicle or vessel owner who submits 3
to the disclosing entity a copy of a valid court order restricting 4
another person from contacting the vehicle or vessel owner or his or 5
her family or household member, the disclosing entity shall provide 6
the vehicle or vessel owner with the name and address of the 7
requesting party. All inquiries from a vehicle or vessel owner, 8
without a court order, will be treated and processed as a request for 9
public record as required in chapter 42.56 RCW.10
(5) Any person who is furnished vehicle or vessel owner 11
information under this section shall be responsible for assuring that 12
the information furnished is not used for a purpose contrary to the 13
agreement between the person and the department. 14
(6) This section shall not apply to requests for information by 15
governmental entities or requests that may be granted under any other 16
provision of this title expressly authorizing the disclosure of the 17
names or addresses of vehicle or vessel owners. Requests from law 18
enforcement officers for vessel record information must be granted. 19
The disclosure agreement with law enforcement entities must provide 20
that law enforcement may redisclose a vessel owner's name or address 21
when trying to locate the owner of or otherwise deal with a vessel 22
that has become a hazard. 23
(7) The department shall disclose vessel records for any vessel 24
owned by a governmental entity upon request. 25
(8) This section shall not apply to title history information 26
under RCW 19.118.170. 27
(9) The department shall charge a fee of ((two dollars )) $2 for 28
each record returned pursuant to a request made by a business entity 29
under subsection (1) of this section and deposit the fee into the 30
highway safety fund. 31
(10) The department, county auditor, or agency or firm authorized 32
by the department shall not release the name, any address, vehicle 33
make, vehicle model, vehicle year, vehicle identification number, 34
vessel make and model, vessel model year, hull identification number, 35
vessel document number, vessel registration number, vessel decal 36
number, or license plate number associated with an individual vehicle 37
or vessel owner who is a participant in the address confidentiality 38
program under chapter 40.24 RCW except as allowed in subsection (6) 39
of this section and RCW 40.24.075. 40
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Sec. 2. RCW 46.12.665 and 2010 c 161 s 312 are each amended to 1
read as follows: 2
(1) The department, county auditor or other agent, or subagent 3
appointed by the director shall require a written odometer disclosure 4
statement with every application for a certificate of title for a 5
motor vehicle. The odometer disclosure statement must be on either 6
the certificate of title or on a separate form approved by the 7
department. A secure odometer disclosure statement is required if the 8
certificate of title was issued after April 30, 1990. Odometer 9
disclosure statements must include, at a minimum, the following:10
(a) The miles shown on the odometer at the time of transfer of 11
ownership, but not to include tenths of miles; 12
(b) The date of transfer of ownership; 13
(c) The transferor's printed name, current address, and 14
signature; 15
(d) The transferee's printed name, current address, and 16
signature; 17
(e) The identity of the motor vehicle, including its make, model, 18
year, body type, and vehicle identification number;19
(f) Information that the odometer statement is required by the 20
federal truth in mileage act of 1986 and that failure to complete the 21
odometer statement or providing false information may result in fines 22
or imprisonment, or both; and 23
(g) One of the following statements: 24
(i) The mileage shown is actual to the best of transferor's 25
knowledge; 26
(ii) The odometer reading exceeds the mechanical limits of the 27
odometer to the best of the transferor's knowledge; or28
(iii) The odometer reading is not the actual mileage.29
If the odometer reading is under ((one hundred thousand)) 100,000 30
miles, the only options that can be certified are "actual to the best 31
of the transferor's knowledge" or "not the actual mileage." If the 32
odometer reading is ((one hundred thousand )) 100,000 miles or more, 33
the options "actual to the best of the transferor's knowledge" or 34
"not the actual mileage" cannot be used unless the odometer has six 35
digit capability. 36
(2) The transferee and the transferor shall each sign the 37
odometer disclosure statement. Only one registered owner is required 38
to complete the odometer disclosure statement for the transferee, and 39
only one owner is required to complete the odometer disclosure 40
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statement for the transferor. When applicable, both the business name 1
and a company representative's name must be shown on the odometer 2
disclosure statement when the registered owner is a business or the 3
transferee represents a company, or both. 4
(3) The transferee shall return a signed copy of the odometer 5
disclosure statement to the transferor at the time of transfer of 6
ownership. 7
(4) The following vehicles are not subject to odometer disclosure 8
requirements at the time of ownership transfer: 9
(a) A motor vehicle having a declared gross vehicle weight of 10
more than ((sixteen thousand)) 16,000 pounds; 11
(b) A vehicle that is not self-propelled; 12
(c) A motor vehicle that ((is ten years old)) has a model year of 13
2010 or older; 14
(d) A motor vehicle sold directly by a manufacturer to a federal 15
agency in conformity with contract specifications; or16
(e) A new motor vehicle before its first retail sale.17
(5) The requirements of this section also apply to the transfer 18
of a motor vehicle held: 19
(a) For lease when transferred to a lessee and then to the lessor 20
at the end of the leasehold; and 21
(b) In a fleet when transferred to a purchaser.22
Sec. 3. RCW 46.12.665 and 2010 c 161 s 312 are each amended to 23
read as follows: 24
(1) The department, county auditor or other agent, or subagent 25
appointed by the director shall require a written odometer disclosure 26
statement with every application for a certificate of title for a 27
motor vehicle. The odometer disclosure statement must be on either 28
the certificate of title or on a separate form approved by the 29
department. A secure odometer disclosure statement is required if the 30
certificate of title was issued after April 30, 1990. Odometer 31
disclosure statements must include, at a minimum, the following:32
(a) The miles shown on the odometer at the time of transfer of 33
ownership, but not to include tenths of miles; 34
(b) The date of transfer of ownership; 35
(c) The transferor's printed name, current address, and 36
signature; 37
(d) The transferee's printed name, current address, and 38
signature; 39
p. 5 HB 1439
(e) The identity of the motor vehicle, including its make, model, 1
year, body type, and vehicle identification number;2
(f) Information that the odometer statement is required by the 3
federal truth in mileage act of 1986 and that failure to complete the 4
odometer statement or providing false information may result in fines 5
or imprisonment, or both; and 6
(g) One of the following statements: 7
(i) The mileage shown is actual to the best of transferor's 8
knowledge; 9
(ii) The odometer reading exceeds the mechanical limits of the 10
odometer to the best of the transferor's knowledge; or11
(iii) The odometer reading is not the actual mileage.12
If the odometer reading is under ((one hundred thousand)) 100,000 13
miles, the only options that can be certified are "actual to the best 14
of the transferor's knowledge" or "not the actual mileage." If the 15
odometer reading is ((one hundred thousand )) 100,000 miles or more, 16
the options "actual to the best of the transferor's knowledge" or 17
"not the actual mileage" cannot be used unless the odometer has six 18
digit capability. 19
(2) The transferee and the transferor shall each sign the 20
odometer disclosure statement. Only one registered owner is required 21
to complete the odometer disclosure statement for the transferee, and 22
only one owner is required to complete the odometer disclosure 23
statement for the transferor. When applicable, both the business name 24
and a company representative's name must be shown on the odometer 25
disclosure statement when the registered owner is a business or the 26
transferee represents a company, or both. 27
(3) The transferee shall return a signed copy of the odometer 28
disclosure statement to the transferor at the time of transfer of 29
ownership. 30
(4) The following vehicles are not subject to odometer disclosure 31
requirements at the time of ownership transfer: 32
(a) A motor vehicle having a declared gross vehicle weight of 33
more than ((sixteen thousand)) 16,000 pounds; 34
(b) A vehicle that is not self-propelled; 35
(c) A motor vehicle that is ((ten)) 20 years old or older;36
(d) A motor vehicle sold directly by a manufacturer to a federal 37
agency in conformity with contract specifications; or38
(e) A new motor vehicle before its first retail sale.39
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(5) The requirements of this section also apply to the transfer 1
of a motor vehicle held: 2
(a) For lease when transferred to a lessee and then to the lessor 3
at the end of the leasehold; and 4
(b) In a fleet when transferred to a purchaser.5
Sec. 4. RCW 46.20.328 and 1979 c 61 s 11 are each amended to 6
read as follows: 7
Upon the conclusion of a driver improvement interview, the 8
department's referee shall make findings on the matter under 9
consideration and shall notify the person involved in writing ((by 10
personal service of the findings )). Such findings may be served on a 11
party via electronic distribution, with a party's agreement. The 12
referee's findings shall be final unless the person involved is 13
notified to the contrary ((by personal service or by certified mail )) 14
within ((fifteen)) 15 days. The decision is effective upon notice. 15
The person upon receiving such notice may, in writing and within ten 16
days, request a formal hearing. 17
Sec. 5. RCW 46.20.329 and 1982 c 189 s 4 are each amended to 18
read as follows: 19
Upon receiving a request for a formal hearing as provided in RCW 20
46.20.328, the department shall fix a time and place for hearing , 21
including a remote hearing, as early as may be arranged ((in the 22
county where the applicant or licensee resides )), and shall give 23
((ten)) 10 days' notice of the hearing to the applicant or 24
licensee((, except that the hearing may be set for a different place 25
with the concurrence of the applicant or licensee and the period of 26
notice may be waived)). 27
Any decision by the department suspending or revoking a person's 28
driving privilege shall be stayed and shall not take effect while a 29
formal hearing is pending as herein provided or during the pendency 30
of a subsequent appeal to superior court: PROVIDED, That this stay 31
shall be effective only so long as there is no conviction of a moving 32
violation or a finding that the person has committed a traffic 33
infraction ((which)) that is a moving violation during pendency of 34
hearing and appeal: PROVIDED FURTHER, That nothing in this section 35
shall be construed as prohibiting the department from seeking an 36
order setting aside the stay during the pendency of such appeal in 37
those cases where the action of the department is based upon physical 38
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or mental incapacity, or a failure to successfully complete an 1
examination required by this chapter. 2
A formal hearing shall be conducted ((by the director or )) by a 3
person or persons appointed by the director from among the employees 4
of the department. 5
Sec. 6. RCW 46.25.082 and 2013 c 224 s 10 are each amended to 6
read as follows: 7
(1)(a) Before issuing a CDL or CLP, the department must obtain 8
driving record information: 9
(i) Through the commercial driver's license information system;10
(ii) Through the national driver register; 11
(iii) From the current state of record; and 12
(iv) From all states where the applicant was previously licensed 13
over the last ((ten)) 10 years to drive any type of motor vehicle.14
(b) A driving record check under (a)(iv) of this subsection need 15
only be performed once at the time of initial issuance of a CDL or 16
CLP, provided a notation is made on the driver's record confirming 17
that the driving record check has been made and noting the date it 18
was completed. 19
(2) Within ((ten)) 10 days after issuing a CDL or CLP, the 20
department must notify the commercial driver's license information 21
system of the information required under 49 C.F.R. Sec. 383.73 as it 22
existed on July 8, 2014, or such subsequent date as may be provided 23
by the department by rule, consistent with the purposes of this 24
section and provide all information required to ensure identification 25
of the person. 26
(3) Every district court, municipal court, and clerk of a 27
superior court shall report a traffic conviction of a CDL or CLP 28
holder so that the conviction may be posted to the record in the 29
commercial driver's license information system. No state, county, or 30
municipal official or employee may take any action to mask, defer 31
imposition of judgment, or allow entry into a diversion or 32
alternative disposition program.33
Sec. 7. RCW 46.29.050 and 2012 c 74 s 5 are each amended to read 34
as follows: 35
(1) The department shall upon request furnish any person or his 36
or her attorney a certified abstract of his or her driving record, 37
which abstract shall include enumeration of any motor vehicle 38
p. 8 HB 1439
accidents in which such person has been involved. Such abstract shall 1
(a) indicate the total number of vehicles involved, whether the 2
vehicles were legally parked or moving, and whether the vehicles were 3
occupied at the time of the accident; and (b) contain reference to 4
any convictions of the person for violation of the motor vehicle laws 5
as reported to the department, reference to any findings that the 6
person has committed a traffic infraction which have been reported to 7
the department, and a record of any vehicles registered in the name 8
of the person. The department shall collect for each abstract the 9
((sum of thirteen dollars, fifty percent of which shall be deposited 10
in the highway safety fund and fifty percent of which must be 11
deposited according to RCW 46.68.038)) fee required in RCW 12
46.52.130(5). 13
(2) The department shall upon request furnish any person who may 14
have been injured in person or property by any motor vehicle, with an 15
abstract of all information of record in the department pertaining to 16
the evidence of the ability of any driver or owner of any motor 17
vehicle to respond in damages. The department shall collect for each 18
abstract the ((sum of thirteen dollars, fifty percent of which shall 19
be deposited in the highway safety fund and fifty percent of which 20
must be deposited according to RCW 46.68.038)) fee required in RCW 21
46.52.130(5). 22
Sec. 8. RCW 46.65.060 and 1999 c 274 s 7 are each amended to 23
read as follows: 24
If the department finds that such person is not an habitual 25
offender under this chapter, the proceeding shall be dismissed, but 26
if the department finds that such person is an habitual offender, the 27
department shall revoke the operator's license for a period of seven 28
years: PROVIDED, That the department may stay the date of the 29
revocation if it finds that the traffic offenses upon which it is 30
based were caused by or are the result of alcoholism and/or drug 31
addiction as evaluated by a program approved by the department of 32
((social and health services)) health, and that since his or her last 33
offense he or she has undertaken and followed a course of treatment 34
for alcoholism and/or drug treatment in a program approved by the 35
department of ((social and health services )) health; such stay shall 36
be subject to terms and conditions as are deemed reasonable by the 37
department. Said stay shall continue as long as there is no further 38
conviction for any of the offenses listed in RCW 46.65.020(1). Upon a 39
p. 9 HB 1439
subsequent conviction for any offense listed in RCW 46.65.020(1) or 1
violation of any of the terms or conditions of the original stay 2
order, the stay shall be removed and the department shall revoke the 3
operator's license for a period of seven years. 4
Sec. 9. RCW 46.65.065 and 1989 c 337 s 10 are each amended to 5
read as follows: 6
(1) Whenever a person's driving record, as maintained by the 7
department, brings him or her within the definition of an habitual 8
traffic offender, as defined in RCW 46.65.020, the department shall 9
forthwith notify the person of the revocation in writing ((by 10
certified mail)) at his or her address of record as maintained by the 11
department. If the person is a nonresident of this state, notice 12
shall be sent to the person's last known address. Notices of 13
revocation shall inform the recipient thereof of his or her right to 14
a formal hearing and specify the steps which must be taken in order 15
to obtain a hearing. Within ((fifteen)) 15 days after the notice has 16
been given, the person may, in writing, request a formal hearing. If 17
such a request is not made within the prescribed time the right to a 18
hearing is waived. A request for a hearing stays the effectiveness of 19
the revocation. 20
(2) Upon receipt of a request for a hearing, the department shall 21
schedule a hearing ((in the county in which the person making the 22
request resides, and if [the] person is a nonresident of this state, 23
the hearing shall be held in Thurston county. The department )), 24
including a remote hearing, and shall give at least ((ten days )) 10 25
days' notice of the hearing to the person. 26
(3) The scope of the hearings provided by this section is limited 27
to the issues of whether the certified transcripts or abstracts of 28
the convictions, as maintained by the department, show that the 29
requisite number of violations have been accumulated within the 30
prescribed period of time as set forth in RCW 46.65.020 and whether 31
the terms and conditions for granting stays, as provided in RCW 32
46.65.060, have been met. 33
(4) Upon receipt of the hearing officer's decision, an aggrieved 34
party may appeal to the superior court of the county in which he or 35
she resides, or, in the case of a nonresident of this state, in the 36
superior court of Thurston county, for review of the revocation. 37
Notice of appeal must be filed within ((thirty)) 30 days after 38
p. 10 HB 1439
receipt of the hearing officer's decision or the right to appeal is 1
waived. Review by the court shall be de novo and without a jury.2
(5) The filing of a notice of appeal does not stay the effective 3
date of the revocation. 4
NEW SECTION. Sec. 10. The following acts or parts of acts are 5
each repealed:6
(1) RCW 46.18.240 (Foreign organization license plates) and 2010 7
c 161 s 620; and 8
(2) RCW 46.18.250 (Honorary consul special license plates) and 9
2010 c 161 s 622. 10
NEW SECTION. Sec. 11. Section 2 of this act expires January 1, 11
2031.12
NEW SECTION. Sec. 12. Section 3 of this act takes effect 13
January 1, 2031.14
NEW SECTION. Sec. 13. Sections 1, 2, and 4 through 10 of this 15
act take effect October 1, 2025.16
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