Questions and answers relative to licensing and payment or collection of motor vehicle excise tax or personal property tax upon trailers, including house trailers, as affected by section 5, chapter 252, Laws of 1953. (Overruling in part our opinions to the Tax Commission dated March 20, 1944 and October 13, 1949).
The director of licenses may not prescribe visual acuity qualifications higher than those prescribed in RCW 46.20.050 as a condition precedent to the issuance of a motor vehicle operator's license.
(1) A county, as a plaintiff commencing suit against a nonresident motorist under RCW 46.04.040, is liable for payment of the fee provided for by this statute when making service on the secretary of state. (2) A prosecuting attorney is required to pay the fees provided for by RCW 43.07.120 when he requests copies or certification of corporate documents from the secretary of state, except where the documents of certification are supplied in connection with a prosecution under a law which it is the duty of the secretary of state to administer and enforce.
A court, in granting a deferred sentence for an offense which, under chapter 46.20 RCW constitutes mandatory grounds for the revocation or suspension of a driver's license, cannot permit the person to retain his driver's license during the period of the deferred sentence.
The exemption from the motor vehicle licensing requirement of RCW 46.16.010 of farm tractors, certain farm implements, and certain trailers used exclusively to transport farm implements, does not extend to any of the following: (1) A self-propelled motor vehicle owned by a farmer and used solely for the purpose of transporting gasoline, diesel oil, grease and motor oil which the farmer uses for maintenance of his farm equipment; (2) A trailer owned by a farmer and used exclusively for hauling gasoline, diesel oil, grease and motor oil in the maintenance of his farm equipment; or (3) A weed-burning device mounted on a trailer owned by a propane gas company used by a farmer the majority of the time for the purpose of burning weeds and stubble.
Section 32, chapter 269, Laws of 1951, is susceptible of two constructions, and thus the construction most favorable to the violator must be adopted, which is that excess weight payments apply only to the weights in excess of those allowed by sections 30 and 31 for vehicles and combinations of vehicles.
The justice of the peace may not suspend the additional excess weight fines provided in RCW 46.44.045 (2) where the excess weight involved exceeds five thousand pounds.
A combination of vehicles used in hauling logs which is licensed for the maximum amount permitted by law (68,000 pounds) is not permitted any variation of gross weight in excess of that amount unless the operator has been issued a special permit for such variation.
The court shall impose the increased minimum penalties upon a conviction of operating a motor vehicle under the influence under chapter 393, Laws of 1955, upon subsequent convictions as provided by § 3, and where an operator has a record of two or more convictions or forfeiture of bail under § 2.
The excess weight provisions of chapter 269, Laws of 1951, are applicable to a vehicle within a combination of vehicles, or when outside a combination of vehicles.