Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1968 NO. 2 >

(1) The judge with whom an application for an occupational driver's license is filed, rather than the director of the department of motor vehicles, has the initial responsibility to determine the eligibility of an applicant to be issued an occupational driver's license. (2) The director of the department of motor vehicles may review a court order for the issuance of an occupational driver's license in light of the department's own records to see if there has been compliance with both the procedural and substantive requirements of RCW 46.20.380 and 46.20.390. (3) Proof of the financial responsibility of an applicant for an occupational driver's license must be filed before a judge can issue an order for the issuance of an occupational driver's license. (4) A person who has been convicted for the first time of a particular offense relating to motor vehicles which requires the mandatory suspension or revocation of his driver's license, other than negligent homicide or manslaughter, is eligible for issuance of an occupational driver's license even though he has previously been convicted of other offenses relating to motor vehicles, also requiring the mandatory suspension or revocation of a driver's license, so long as at least one year has elapsed since his last previous conviction of such an offense; conversely, if the immediate conviction does not constitute the applicant's first conviction of the particular offense, he is not eligible for such a driver's license.