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Exceptions to Mandatory Insurance for Collector Vehicles

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  • 12-19-2016, 02:45 PM
    tandemboarder
    Exceptions to Mandatory Insurance for Collector Vehicles
    My question involves a traffic ticket from the state of:
    Washington

    Washington state RCW 46.30.020
    3a) States that collector vehicles registered under RCW 46.18.220 are exempt from mandatory liability insurance requirements.

    I contested a ticket for no insurance while in a collector vehicle. I printed out the rcws and the judge told me I was wrong citing years of expertise in traffic law. I don't know how much more clear my evidence could have been. Luckily, I had subpoenaed the citing officer and he didn't show up so the case was dismissed. I write this post because I want to know if I am missing something concerning liability insurance in WA with collector vehicles and horseless carriages.

    The current WA DOL lists horseless carriages as exempt but does not mention CVs. In 2008 or so, the DOL did list CVs as exempt. I emailed them asking them why the page was changed and I received an IDK reponse. I asked them if they would change it back to reflect current law and they wrote, "I doubt the page will be changed."

    Thanks for any help. Perhaps I can have the highest judge/court write me a letter verifying my interpretation of the law for next time I have to explain this loophole to an officer or judge because providing the following code wasn't enough.

    Quote:

    Quoting RCW 46.30.020. Liability insurance or other financial responsibility required—Violations—Exceptions.
    (1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16A RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.
    (b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
    (c) When asked to do so by a law enforcement officer, failure to display proof of financial responsibility for motor vehicle operation as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.
    (d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community restitution.
    (e) For the purposes of this section, when a person uses a portable electronic device to display proof of financial security to a law enforcement officer, the officer may only view the proof of financial security and is otherwise prohibited from viewing any other content on the portable electronic device.
    (f) Whenever a person presents a portable electronic device pursuant to this section, that person assumes all liability for any damage to the portable electronic device.
    (2) If a person cited for a violation of subsection (1) of this section appears in person before the court or a violations bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed and the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal.
    (3) The provisions of this chapter shall not govern:
    (a) The operation of a motor vehicle registered under RCW 46.18.220 or 46.18.255, governed by RCW 46.16A.170, or registered with the Washington utilities and transportation commission as common or contract carriers; or
    (b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, a moped as defined in RCW 46.04.304, or a wheeled all-terrain vehicle as defined in RCW 46.09.310.
    (4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.

    Quote:

    Quoting RCW 46.18.220. Collector vehicle license plates.
    (1) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a collector vehicle license plate for a motor vehicle that is at least thirty years old. The motor vehicle must be operated primarily as a collector vehicle and be in good running order. The applicant for the collector vehicle license plate shall:
    (a) Purchase a registration for the motor vehicle as required under chapters 46.16A and 46.17 RCW; and
    (b) Pay the special license plate fee established under *RCW 46.17.220(1)(d), in addition to any other fees or taxes required by law.
    (2) A person applying for a collector vehicle license plate may:
    (a) Receive a collector vehicle license plate assigned by the department; or
    (b) Provide an actual Washington state issued license plate designated for general use in the year of the vehicle's manufacture.
    (3) Collector vehicle license plates:
    (a) Are valid for the life of the motor vehicle;
    (b) Are not required to be renewed; and
    (c) Must be displayed on the rear of the motor vehicle.
    (4) A collector vehicle registered under this section may only be used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving.
    (5) Collector vehicle license plates under subsection (2)(b) of this section may be transferred from one motor vehicle to another motor vehicle described in subsection (1) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.
    (6) Any person who knowingly provides a false or facsimile license plate under subsection (2)(b) of this section is subject to a traffic infraction and fine in an amount equal to the monetary penalty for a violation of RCW 46.16A.200(7)(b). Additionally, the person must pay for the cost of a collector vehicle license plate as listed in *RCW 46.17.220(1)(d), unless already paid.

  • 12-19-2016, 02:50 PM
    flyingron
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    What was the date of your hearing (I assume we're talking about a contested hearing)?
  • 12-19-2016, 03:01 PM
    adjusterjack
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    Quote:

    RCW 46.18.220

    Collector vehicle license plates. (Effective until January 1, 2017.)

    (1) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a collector vehicle license plate for a motor vehicle that is at least thirty years old. The motor vehicle must be operated primarily as a collector vehicle and be in good running order. The applicant for the collector vehicle license plate shall:

    (a) Purchase a registration for the motor vehicle as required under chapters 46.16A and 46.17 RCW; and

    (b) Pay the special license plate fee established under *RCW 46.17.220(1)(d), in addition to any other fees or taxes required by law.

    (2) A person applying for a collector vehicle license plate may:

    (a) Receive a collector vehicle license plate assigned by the department; or

    (b) Provide an actual Washington state issued license plate designated for general use in the year of the vehicle's manufacture.

    (3) Collector vehicle license plates:

    (a) Are valid for the life of the motor vehicle;

    (b) Are not required to be renewed; and

    (c) Must be displayed on the rear of the motor vehicle.

    (4) A collector vehicle registered under this section may only be used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving.

    (5) Collector vehicle license plates under subsection (2)(b) of this section may be transferred from one motor vehicle to another motor vehicle described in subsection (1) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.

    (6) Any person who knowingly provides a false or facsimile license plate under subsection (2)(b) of this section is subject to a traffic infraction and fine in an amount equal to the monetary penalty for a violation of RCW 46.16A.200(7)(b). Additionally, the person must pay for the cost of a collector vehicle license plate as listed in *RCW 46.17.220(1)(d), unless already paid.
    First of all, the statute is what counts, not the DOL "listing."



    Now answer ALL of the following questions:

    1 - Year, make, model of your collector vehicle.
    2 - Does your collector vehicle wear collector plates?
    3 - At the time of your citation was your collector vehicle being "used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving"?

    If you selected "occasional pleasure driving" please explain where you were coming from and where you were going to and what time of day it was.

    4 - Why were you pulled over in the first place and what were you cited for in addition to the insurance?

    And, last but not least:

    5 - Why would you not have collector car insurance when there are many companies that write it for a fraction of the cost of regular insurance?
  • 12-19-2016, 06:18 PM
    tandemboarder
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    Date of hearing
    December 2016

    1) 1986 Honda Accord

    2) Yes all my collector vehicles are properly registered under RCW 46.18.220. I have a restored plate from year of manufacture.

    3) Yes club activity. Legitimate use of the collector vehicle was not in question when cited.

    4) I was pulled over because the restored plates are from the 70s-80s and the police don't see many of them. WA changed designs from the white background/green lettering to the white/blue mountain in 1989. Most CVs have the modern mountain plate with "collector vehicle" inscribed. I was not cited or given any other warnings after I explained the license plate is properly registered to the vehicle.

    5) I have car insurance for my everyday modern cars. At the time of citation, I was driving my friend's collector vehicle ('86 Accord). Rather than prove the car was insured by getting my friend on the phone, I explained to the officer that the car was exempt from mandatory insurance requirements because of its CV designation. I understand driving without insurance isn't a brilliant idea. However, if the law states insurance is not required, I should not be cited.

    Thanks for the replies.
  • 12-19-2016, 06:45 PM
    flyingron
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    You didn't answer my questions.
    WHAT WAS THE DATE (MONTH / DAY YEAR) and what TYPE of hearing?
  • 12-19-2016, 07:55 PM
    adjusterjack
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    Quote:

    Quoting tandemboarder
    View Post
    I understand driving without insurance isn't a brilliant idea. However, if the law states insurance is not required, I should not be cited.

    Earlier you asked what you were missing.

    Here it is.

    Never drive any car, yours or anybody else's, without evidence of insurance in the car. Doesn't matter what the nuances of the law are, the police don't argue law on the side of the road, they cite you and leave it to you to prove your innocence in court.

    You might not want to accept that little bit of reality so get used to getting cited if you can't produce evidence of insurance, regardless of the exemptions.
  • 12-20-2016, 10:07 PM
    prusakolep
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    Quote:

    Quoting adjusterjack
    View Post
    Doesn't matter what the nuances of the law are.

    Aha, sounds like we are getting into some common sense advice rather than legal advice, despite this being a legal advice forum. But since there is no common sense advice forum...
  • 12-21-2016, 08:06 AM
    Mark47n
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    Where in RCW 46.30.220 does it say that you can operate a vehicle with collector plates on public roads without insurance? The part about horseless carriages requires that they be 40 years old. I cannot find anything in the RCWs that you supplied or at the DOL that would support your claim.

    The RCWs are pretty up to date. The one about horseless carriages was were amended in 2012 and the one that you posted was amended n 2011 and will no longer be in effect in a bit more that a week. The revised RCW, which is published under the soon to expire version. It also doesn't exempt collector's vehicles from insurance, it's just about license plates.

    By the way, a 1986 Honda accord as a collector vehicle?! yeesh!
  • 12-21-2016, 02:15 PM
    adjusterjack
    Re: Exceptions to Mandatory Insurance WA: Collector Vehicles RCW 46.30.020
    Mark47n:

    Quote:

    46.30.020 (Mandatory insurance)
    (3) The provisions of this chapter shall not govern:
    (a) The operation of a motor vehicle registered under RCW 46.18.220
    46.18.220 defines collector vehicles which are exempt under 46.18.220.

    Ergo, a vehicle that qualifies as a collector is exempt from the mandatory insurance requirement if it:

    Is at least 30 years old (so a 1986 Honda eligible for collector plates under WA law).
    Is registered as a collector vehicle and wears the collector vehicle plates.
    And is used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving.
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