As provided under
RCW
46.72A.100, a person may be disqualified from
driving as a chauffeur and the director may impose any of the sanctions
specified in
RCW
18.235.110 on the limousine carrier if the
carrier employs someone whose documentation indicates that person is not
qualified. Disqualification by the limousine carrier or the department is
warranted if any of the following is true:
(1) A chauffeur fails to provide proof of
meeting all of the criteria in
RCW
46.72A.090 in the form and format described
in WAC
308-83-140;
(2) A chauffeur is convicted of, or is found
to have committed in the previous two years, two or more serious traffic
violations, as defined under
RCW
46.25.010 and WAC
308-100-130, while driving a
motor vehicle of any kind;
(3) The
chauffeur has had, within the previous five years, a conviction of a crime
pertaining to:
(a) Prostitution;
(b) Gambling;
(c) Physical violence;
(d) Use of a machine gun in a felony
(RCW
9.41.225);
(e) Felonies not defined by Title 9A RCW, if
the maximum sentence of imprisonment authorized by law upon the first
conviction of such felony is twenty years or more (RCW
9.94A.035);
(f) Criminal attempt when the crime attempted
is murder in the first, murder in the second, or arson in the first
(RCW
9A.28.020);
(g) Criminal conspiracy when the object of
the conspiratorial agreement is murder in the first (RCW
9A.28.040);
(h) Murder in the first (RCW
9A.32.030);
(i) Murder in the second (RCW
9A.32.050);
(j) Homicide by abuse (RCW
9A.32.055);
(k) Manslaughter in the first (RCW
9A.32.060);
(l) Assault in the first (RCW
9A.36.011);
(m) Assault of a child in the first
(RCW
9A.36.120);
(n) Kidnapping in the first (RCW
9A.40.020);
(o) Rape in the first (RCW
9A.44.040);
(p) Rape in the second (RCW
9A.44.050);
(q) Rape of a child in the first
(RCW
9A.44.073);
(r) Rape of a child in the second
(RCW
9A.44.076);
(s) Child molestation in the first
(RCW
9A.44.083);
(t) Arson in the first (RCW
9A.48.020);
(u) Burglary in the first (RCW
9A.52.020);
(v) Robbery in the first (RCW
9A.56.200);
(w) Rendering criminal assistance in the
first if to a person who has committed or is being sought for murder in the
first or any class A felony or equivalent juvenile offense (RCW
9A.76.070);
(x) Bail jumping if the person was held for,
charged with, or convicted of murder in the first (RCW
9A.76.170);
(y) Leading organized crime as defined under
RCW
9A.82.060(1)(a);
(z) Malicious placement of an explosive in
the first (RCW 70.74.270);
(aa) Malicious explosion of a substance in
the first (RCW 70.74.280);
(bb) Malicious explosion of a substance in
the second (RCW 70.74.280);
(cc) Homicide by watercraft (RCW
79A.60.050); or
(dd) Any crime directly related to the
occupation of chauffeur, including: Crimes concerning honesty and integrity
including, but not limited to, fraud, larceny, burglary, and
extortion;
(4) A
chauffeur is a registered sex offender;
(5) A chauffeur has been found to have
exhibited past conduct in driving or operating a vehicle that would lead the
director to reasonably conclude that the applicant will not comply with the
provisions of the chapter related to driver and operator conduct and the safe
operation of the vehicle;
(6) The
medical examiner's certificate is expired or is incomplete or the chauffeur's
physical fitness has been called into question; or
(7) A report has been received by the
department under
RCW
46.72A.090 that the chauffeur has received a
verified positive drug test or positive alcohol confirmation test as part of
the testing program conducted under 49 C.F.R.
40. A report that a chauffeur has
refused a drug test, under circumstances that constitute the refusal of a
federal department of transportation drug test under 49 C.F.R.
40, will be
considered equivalent to a report of a verified positive drug test for the
purposes of this section.
