Wash. Rev. Code » Title 46 · Chapter 46.20
Revised Code of Washington

Wash. Rev. Code § 46.20.041 (2026)

Persons with physical or mental disabilities or diseases

✓ current as of May 2026
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(1) If the department has reason to believe that a person is suffering from a physical or mental disability or disease that may affect that person's ability to drive a motor vehicle, the department must evaluate whether the person is able to safely drive a motor vehicle. As part of the evaluation:
(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease he or she is able to safely drive a motor vehicle.
(b) The department may require the person to obtain a statement signed by a licensed physician or other proper authority designated by the department certifying the person's condition.
(i) The statement is for the confidential use of the director and the chief of the Washington state patrol and for other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.
(ii) The statement may not be offered as evidence in any court except when appeal is taken from the order of the director canceling or withholding a person's driving privilege. However, the department may make the statement available to the director of the department of retirement systems for use in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence in any administrative proceeding or court action concerning the disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver's license to the person without restrictions;
(b) Cancel or withhold the driving privilege from the person; or
(c) Issue a restricted driver's license to the person. The restrictions must be suitable to the licensee's driving ability. The restrictions may include:
(i) Special mechanical control devices on the motor vehicle operated by the licensee;
(ii) Limitations on the type of motor vehicle that the licensee may operate; or
(iii) Other restrictions determined by the department to be appropriate to assure the licensee's safe operation of a motor vehicle.
(3) The department may either issue a special restricted license or may set forth the restrictions upon the usual license form.
(4) The department may suspend or revoke a restricted license upon receiving satisfactory evidence of any violation of the restrictions. In that event the licensee is entitled to a driver improvement interview and a hearing as provided by RCW 46.20.322 or 46.20.328.
(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.
[ 2005 c 274 s 306; 1999 c 274 s 12; 1999 c 6 s 9; 1986 c 176 s 1; 1979 ex.s. c 136 s 54; 1979 c 61 s 2; 1965 ex.s. c 121 s 5.]

Notes:

Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1986–2021 · leading case: Tumelson v. Todhunter, 716 P.2d 890 (Wash. 1986).
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Tumelson v. Todhunter, 716 P.2d 890 (Wash. 1986). · cites it 5× “Pursuant to the statutory scheme found in RCW 46.20.041, Barry obtained this license after completion of a certificate of physical examination filed by medical defendants on his behalf.”
Hannum v. Dep't of Licensing, 181 P.3d 915 (Wash. Ct. App. 2008). · cites it 4× “041 demonstrates the legislature’s intent to protect persons who may have a mental or physical disability or disease that affects their ability to drive by providing these persons with notice and an opportunity to respond. RCW 46.”
State Of Washington v. Kevin Brewer (Wash. Ct. App. 2021). · cites it 4× “See also WAC 308-104-160(52) (violating any license restriction defined by RCW 46.20.041 constitutes a moving violation).”
Desmon v. Washington Dept. of Licensing, 269 P.3d 1070 (Wash. Ct. App. 2012). “(4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions…”
— Wash. Rev. Code § 46.20.041(1) — 1 case
Tumelson v. Todhunter, 716 P.2d 890 (Wash. 1986). “Pursuant to the statutory scheme found in RCW 46.20.041, Barry obtained this license after completion of a certificate of physical examination filed by medical defendants on his behalf.”
— Wash. Rev. Code § 46.20.041(2)(c) — 1 case
State Of Washington v. Kevin Brewer (Wash. Ct. App. 2021). “See also WAC 308-104-160(52) (violating any license restriction defined by RCW 46.20.041 constitutes a moving violation).”
— Wash. Rev. Code § 46.20.041(2)(c)(iii) — 1 case
State Of Washington v. Kevin Brewer (Wash. Ct. App. 2021). “See also WAC 308-104-160(52) (violating any license restriction defined by RCW 46.20.041 constitutes a moving violation).”
— Wash. Rev. Code § 46.20.041(5) — 1 case
State Of Washington v. Kevin Brewer (Wash. Ct. App. 2021). “See also WAC 308-104-160(52) (violating any license restriction defined by RCW 46.20.041 constitutes a moving violation).”
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