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HomeMy WebLinkAbout3408Ordinance No. 3408 (Amending or Repealing Ordinances) CFN=171 - Traffic Control Passed 7/7/1998 Traffic Code Amends Ord. 3017 Amends Ord. 3073 Amends Ord. 3170 Amends Ord. 3350 Repealed by Ord. 3621 (Ch. 9.02) Amended by Ord. 3954 (Sec. 9.36.015) ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing a portion of 9.02.36 of the Kent City Code and creating a new Section 9.36.045 relating to the public disturbance caused by excessively loud music from vehicles, amending Section 9.36.010 of the Kent City Code pertaining to the Model Traffic Ordinance, creating new Section 9.36.015 of the Kent City Code relating to driving regulations in addition to the Model Traffic Ordinance, amending Section 9.36.015 of the Kent City Code relating to inattentive driving, amending Section 9.36.030 of the Kent City Code pertaining to avoiding intersections, amending Section 9.36.040 of the Kent City Code pertaining to breaking traction, and declaring an emergency therefore. WHEREAS, the City must amend its Traffic Code by adopting certain provisions of the Revised Code of Washington, and by repealing and amending certain sections of the code in order to provide for a comprehensive code consistent with State law that will enable the City to file and prosecute violations for offenses not now covered by the City, s code; and WHEREAS, the City must amend Breaking Traction and Motor Vehicle Public Disturbance from criminal charges to infractions in order to provide for more efficient law enforcement of those offenses; and Traffic Code WHEREAS, the City must amend the penalties for certain traffic infractions to be more consistent with the penalties imposed for violations of similar State laws; and WHEREAS, in order to preserve the peace, health, and safety of the citizens of Kent, a public emergency exists requiring that the City immediately enact amendments to its Traffic Code in order to remain consistent with State laws and regulations and to allow for efficient enforcement of these laws; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, I DOES HEREBY ORDAIN AS FOLLOWS: SECTIpN 1. Section 9.02.36 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.36. Public disturbance. A. A person is guilty of public disturbance if he or she: I. Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances: a. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. b. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. 2 Traffic which the noise is emminatiniz. C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. d. The creation of frequent, repetitive or continuous sounds which' emanate from any building, structure, apartment, condominium, or yard adjacent thereto which unreasonably interferes with the peace, comfort, and repose of owners or possessors of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive or continuous sounds made by any animal, such as barking or howling except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under and in compliance with chapter 8.03 of the Kent City Code shall be exempt from this subsection. f g. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities. g 4. The creation of frequent, repetitive or continuous sounds made 3 Traffic connection with outdoor construction or the movement construction related materials, including noise made by devia capable of producing sound by either striking or cutting object such as hammers, saws or other equipment with internal combustic engines; provided, however, such sounds shall be exempt from th provisions of this Code under the following circumstances: (i) During the hours of 7:00 a.m. through 8:00 p.m., Monda, through Sunday; or (ii) In commercial areas not adjacent to residential areas. B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. C. Public disturbance is a misdemeanor. SECS Z Section 9.36.010 of the Kent City Code is hereby amended as follows: Sec. 9.36.010. Adopting ordinance. Pursuant to r 999 w + 0 pie RCW 46.90.010, the Washington Model Traffic Ordinance (MTO) as set forth in1Vina �� a ' +- +' sCha ter 308-330 p of the Washington Administrative Code (WAC), attached as Exhibit A, is hereby adopted by reference; as same force and effect as if set forth herein in full , The MTO, in conjunction with the other provisions of eChapter 9.36 herein—hall constitute the traffic ordinance of the City of Kent A copy of the T`"F MTO tt►�aathrar '+�- '+ ...o..a.___._ ,. , shall be authenticated and recorded by the city clerk along with to this adopting ordinance for examination by the llb11C. �•,�r�,a�;��i—t9 tlae rads +° a•.,,,.-�� .L_ ... 4 Traffic SECTION 3. The following new Section 9.36.015, entitled "Driving Regulations," shall be added to Chapter 9.36 of the Kent City Code: Sec. 9.36.015. Driving regulations. The following sections of Chapters 46.20 and 46.61 of the revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 46.20.005 Driving without a license - Misdemeanor, when. B. RCW 46.20.015 Driving without a license - Traffic infraction, when. C. RCW 46.20.720 Ignition interlocks, biological technical devices - Drivers convicted of alcohol offenses. D. RCW 46.20.730 Ignition interlock device - Other biological or technical device - Definitions. E. RCW 46.61.5249 Negligent driving - First degree. SECTION 4. Section 9.36.020 of the Kent City Code is hereby amended as follows: Sec. 9.36.020. Inattentive driving. A. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the highways of the city. B. For the purpose of this section "inattentive" means the operation of a vehicle upon the public highways of the city in a lax or slack manner. 5 Traffic Code I I I -M MIXEMAWN VATIVIE,_ /_ A.P0196TOXEN 11 IN SECTION 3. The following new Section 9.36.015, entitled "Driving Regulations," shall be added to Chapter 9.36 of the Kent City Code: Sec. 9.36.015. Driving regulations. The following sections of Chapters 46.20 and 46.61 of the revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 46.20.005 Driving without a license - Misdemeanor, when. B. RCW 46.20.015 Driving without a license - Traffic infraction, when. C. RCW 46.20.720 Ignition interlocks, biological technical devices - Drivers convicted of alcohol offenses. D. RCW 46.20.730 Ignition interlock device - Other biological or technical device - Definitions. E. RCW 46.61.5249 Negligent driving - First degree. SECTION 4. Section 9.36.020 of the Kent City Code is hereby amended as follows: Sec. 9.36.020. Inattentive driving. A. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the highways of the city. B. For the purpose of this section "inattentive" means the operation of a vehicle upon the public highways of the city in a lax or slack manner. 5 Traffic Code C. The offense of operating a vehicle in an inattentive manner shall be considered be a lesser offense than, but included in the offense of operating a vehicle in negligent manner. D. A violation of this section shall be ie1 a traffic infraction punishable by a monetary and-tke maadat&F�, penalty siK4y-si* of one hundred dollars ($100.0066-08). SECTION S. Section 9.36.030 of the Kent City Code is hereby amended as follows: Sec. 9.36.030. Avoidance of intersection, penalty. A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority. B. Any violation of this section shall be a traffic infraction axd punishable by monetary penalty of one hundred dollars few sevendel s ($100.00 44.00). SECTION 6. Section 9.36.040 of the Kent City Code is hereby as follows: Sec. 9.36.040. Breaking traction --Quick starts. A4-. No person shall drive any vehicle or metef driven eye a motorcycle so as to cau by excessive or unnecessary acceleration, the tires of any such vehicle or cycle spin and emit loud noises or to unnecessarily throw stones or gravel. hundred fifty dollars ($150.00). 6 Traffic SECTION 7. A new Section 9.36.045 is added to Chapter 9.36 of the Kent City Code as follows: Sec. 9.36.045. Motor vehicle public disturbance. A. It is unlawful for any person in control of or operating a motor vehicle to permit sound from the motor vehicle sound system, such as but not limited to a radio, tape player, or compact disc player, whether or not affixed to the vehicle, to be operated at a volume so as to be audible at a distance greater than fifty (50) feet from the vehicle itself. B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of One Hundred Fifty Dollars ($150.00). SECTION 8. - Severability. If any one or more sections, subsections, sentences of this Ordinance are held to be unconstitutional or invalid, such decision not affect the validity of the remaining portion of this Ordinance and the same shall in full force and effect. SECTION 9. - Effective Date. This emergency ordinance shall take and be in force immediately upon adoption. ATTEST: A,j=d-,r BRENDA JACO E CITY CLERK 7 Traffic APPROVED AS TO FORM: A. LUBOVICH, CITY A' PASSED: �_ day of -11998. APPROVED: day of 1998. PUBLISHED: /D day of 1998. I hereby certify that this is a true copy of Ordinance No. 3VO r, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JA B , CITY CLERK P 1L.AMORDMANOtraffc. ord. doc 8 Traffic Code •.,r•'a'1 ', S'.' i' •'' •f •'., :r'. •,r". j•I .kr .f :4:,•,i7*• iVr r,, '•tip ,.n ..S' �1. i•� ••r•Y •r: '•1 a. .F • Y • . 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Y;:••.14�r•r•,,1•='.i:, 'IPi'ri:{IS J►''r, .•V•"' I'li .'1• ..t: '`Y ti.l 15C"r 'r%,i 1-�1.:'•• _ ,'P '-• _,•`. •ly.. _ _ ' �.�I-e• a,y-,a .- Y Jrr ____ _ _ _ ____ _ r r1 Chapter 308-330 WAC WASHINGTON MODEL TRAFFIC ORDINANCE TEXT OF WASHINGTON ADMINISTRATIVE CODE PROVISIONS THAT COMPRISE THE WASHINGTON MODEL TRAFFIC ORDINANCE INCLUDING LEGISLATIVE ENACTMENTS THROUGH THE 1997 LEGISLATIVE SESSION WAC RCW sections adopted—Vehicle inspection. 308-330.005 Purpose of this chapter. 308-330-010 Amendments to this chapter automatically included. 308-330-030 Uniformity in application. 308-330.100 Chapter 46.04 RCW (Definitions) adopted by refer- 308-330.109 ence. Bus. 308-330112 Bus stop. 308-330115 City. 308-330118 Demolish. 308-330127 Holidays - 309 -330-133 loading zone. 308-330136 Official time standard. 308-330139 Ordinance. 308-330142 Parking meter. 308-330145 Parting meter space. 308-330148 Parking meter zone. 308-330151 Passenger loading zone. 308-330154 Planting strip. 308-330157 Police or police officer. 308-330160 Police chief or chief of police. 308-330163 Police department. 308-330169 Sebool bus zone. 308-330172 Service parking. 308-330175 Streer. 308.330178 Taxicab. 306-330181 Taxicab stand. 308-330184 Tow truck operator. 308-330187 Traffic division. 308.330190 U -tum. 308-330195 RCW sections adopted—livestock. 308.330197 RCW sections adopted—Off-toad and nonhighway 308-330433 vehicles. 308-330200 RCW sections adopte"nowmobiles. 308-330205 Public employees to obey traffic regulations. 308-330210 Police administration. 308-330215 Duty of traffic: division. 308.330.220 Authority of police and fire department officials. 308-330225 Records of traffic violations. 308-330230 Traffic division to investigate accidents. 308.330235 Traffic accident studies. 306-330240 Traffic accident reports. 308-330245 Traffic division to submit annual traffic safety report. 30030250 Police department to administer bicycle licenses. 308.330255 Police department to regulate parking meters. 308-330260 Traffic engioar. 308-330265 Traffic engineer Authority. 308-330.270 local authority ---Authority. 308-330275 Traffic safety commission—Powers and duties. 308-330300 RCW sections adopted--Cerofieates of ownership and 308-330481 agistrations- 30&330-305 RCW sections adopted—Vehicle licenses. 308-330307 RCW sections adopted --Driver licenses-identicar& 308-330309 RCw actions adopted --Uniform Commercial Driver's License Act. 308-330310 RCW sections adopted--Fnanetal responsibility. 308-330312 RCW sections adopted --Mandatory liability insurance. [1) 308-330.314 RCW sections adopted—Vehicle inspection. 308-330.316 RCW sections adopted—Vehicle lighting and other equipment. 308-330-320 RCW sections adopted—Stze, weight. load. 308-330.322 RCW sections adopted—Transportation of hazardous materials. 308-330-325 RCW sections adopted—Accidents, reports. 308-330.327 RCw sections adopted—Hulk haulers and scrap pro- 308-330330 cessors. RCW sections adopted—Motor vehicle wreckers. 308-330.360 Owner of retard presumed liable for costs when vehi- cle abandoned—Exception. 308-330365 Contract with registered disposer to dispose of vehicles and bulks—Compliance required. 308-330370 Stolen and abandoned vehicles—Reports of— Recovery, report required, penalty—Disposition. 308-330400 Provisions of chapter refer to vehicles upon highway— Exception. 308-330403 Required obedience to traffic ordinance. 308.330-406 RCW sections adopted --Abandoned, tmauthorized. and junk vehicle tow truck operators. 308-330408 RCW seen= adopted—Traffic laws. signs, signals. markings. 308-330409 Traffic control devices required topping, standin& and parking. 308-330412 Crossing new pavement and markings. 308.330415 RCW sections adopted—Right of way. 308-330-421 RCW sections adopted—Starting and stopping - 30&330 -423 RCw sections adopted --Speed restrictions. 308-330425 RCW sections adopted --Reckless driving, vehicular homicide and assault. 308-330.430 Obedience to angle -parking signs or markings. 308-330433 Parking no to obstruct traffic. 308-330436 Parking for certain purposes unlawful. 308-330.439 Standing in passenger loading zone. 308-330442 Standing in loading zone. 308.330445 Standing in a tow -away zone. 308-330448 Violating permits for loading or unloading at an angle to the cub. 308-330451 Standing or parking on one-way roadways. 308-330.454 Stopping, standing, and parking of bum and taxicabs 308-330457 Restricted use of bus stops and taxicab stands. 308-330460 Right of way for parking. 308-330.462 RCW actions adopted- tapping, standing, and park - 308 -330464 RCw sections adopted—Operation and restrictions. 308-330466 Funeral processions. 308-330.469 When permits required for parades and pm=ons. 308-330472 Interfering with procession. 308-330475 Boarding or alighting from vehicles. 308-330478 Unlawdul riding. 308-330481 RCW sections adopted—Operation of noomototized 30&330500 vehicles. Bicycle liana required. 308-330505 Bicycle license application. 308-330510 Issuance of bicycle license. Chapter 308-330 Washington Model Traffic Ordinance 308-330-515 Attachment of bicycle license plate or decal. 308-330-520 Inspection of bicycles. 308-330-525 Renewal of bicycle license. 308-330-530 Bicycle transfer of ownership. 308-330-535 Bicycle rental agencies. 308-330-540 Bicycle dealers. 308-330-545 Bicycles—Obedience to traffic control devices. 308-330-550 Bicycles—Parking. 308-330-555 Bicycles—Riding on sidewalks. 308-330-560 Bicycles—Penalties. 308-330-565 Unclaimed bicycles. 308-330-600 Panting meter spaces. 309-330-610 Paridng meters—Deposit of coins and time limits. 308-330.620 Parking meters—Use of slugs prohibited. 30&330-630 Tampering with parking meter. 308-330-640 Paridng meters—Rule of evidence. 30&330-650 Parking meters—Application of proceeds. 308-330-660 Service parking. 308-330-700 RCW sections adopted—Disposition of traffic infmc- tions. 308-330.705 RCW sections adopted—Enforcement. 30&330710 Penalties. 308-330720 Citation on illegally parked vehicle. 308-330730 Failure to comply with traffic citation attached to parked vehicle. 309-330740 Presumption in reference to illegal parking. 308 -330 -SM RCW sections adopted—Traffic control devices. 30&330810 RCW sections adopted—Limited access facilities. 308-330815 RCW sections adopad--Alwholic beverage control. 308-330820 RCW sections adopted—Guide and service dogs. 308-330825 RCW sections adopted—Littering. 308-330910 Uniformity of interpretation. DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 308-330121 Department [Statutory Authority: RCW 46.90.010. 94- 01-M2.1 4- 01-082,§ 308-330121, filed 12/13193, effective 7/1/94.) Repealed by 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330123 Director. [Statutory Authority: RCW 46.90.010. 94-01- 082, § 308-330123, filed 12113/93, effective 7/1/94.] Repealed by 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330329 RCW sections adopted --Rental car businesses. [Statutory Authority: RCW 46.90.010. 94-01.)82, 1308-330-329, filed 12/13193, effective 7/1194.] Repealed by 97-10-068, filed 515!97, effective 65/97. Statutory Authority: RCW 46.90.010. 308.330375 Disposition of abandoned junk motor vehicles. [Statutory Authority: RCW 46.90.010. 9401.082, 130&330-375, filed 12/13/93, effective 7/1/94.] Repealed by 97-10.068, filed 5/5/97, effective 615197. Statutory Authority: RCW 46.90.010. WAC 308-330-005 Purpose of this chapter. The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authori- ties may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts this chapter by reference may at any time exclude any section or sections from this chapter which it does not desire to include in its local traffic ordinance. This chapter is not intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available. [Statutory Authority: RCW 46.90.010. 94-01-M § 30&330-005, filed 12/13/93, effective 7/1/94.1 121 WAC 308-330-010 Amendments to this chapter automatically included. The addition of any new section to, or amendment or repeal of any section in, this chapter shall be deemed to amend any city, town, or county ordi- nance which has adopted by reference to this chapter or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstand- ing the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 3632.120(7). [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-010, filed 12/13/93, effective 7/1/94.] WAC 308-330-030 Uniformity In application. The provisions of this chapter relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this state, except as otherwise specifically provided. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-030, filed 12/13/93, effective 7/1/94.] WAC 308-330-100 Chapter 46.04 RCW (Defini- tions) adopted by reference. All sections of chapter 46.04 RCW as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330100, filed 12113/93, effective 7/1/94.1 WAC 308-330-109 Bus. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330109, filed 12113193, effective 7/1/94.] WAC 308-330-112 Bus stop. "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unload- ing passengers: Provided. That such bus provides regularly scheduled service within the jurisdiction of the local authori- ty [Statutory Authority: RCW 46.90.010. 9401 -MZ § 308-330112, filed 12/13193, effective 7/1194.1 WAC 308-330.115 City. "City" means every incorpo- rated city and town. [Statutory Authority: RCW 46.90.010. 94-01-082. § 30&330115, filed 19!13/93. effective 711/94.] WAC 308-330-118 Demolish. 'Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder. [Statutory Authority: RCw 46.90.010. 94-01-082, § 308-330118, filed 12/13/93. effective 711/94.1 Washington Model Traffic Ordinance WAC 308-330-127 Holidays. "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of commonly knownMemorial Day; the fourth day of July, being thanniversary of theDeclam- ton of Independence; the fust Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the local authority to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-127, filed 12/13193. effective 7/1/94.] WAC 308-330-133 Loading zone. "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-133, filed 12/13193. effective 7/1/94.] WAC 308.330-136 Official time standard. "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-136, filed 12/13/93, effective 7/1/94.] WAC 308-330-139 Ordinance. "Ordinance" means a city or town ordinance or a county ordinance or resolution. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-139, filed 12/13193, effective 7/1/94.1 WAC 308-330-142 Parking meter. "Parking meter" means any mechanical device or meter placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle. Each parking meter installed shall indicate by proper legend the legal parking time and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Each meter shall bear a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter space in which such meter is located. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.142, filed 12/13/93, effective 7/1/94.1 WAC 308-330-145 Parking meter space. "Parking meter space" means any space within a parking meter zone, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or the curb. IStatatory Authority: RCW 46.90.010. 94-01-082, § 308-330.145, filed 12/13/93, effective 7/1/94.1 [31 308-330-127 WAC 308-330-148 Parking meter zone. "Parking meter zone" means any highway or part thereof or any off- street parking lot on which parking meters are installed and in operation. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.148, filed 12/13/93, effective 7/1/94.1 WAC 308-330-151 Passenger loading zone. "Passen- ger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-151, filed 12/13193, effective 7/1/94.] WAC 308-330-154 Planting strip. "Planting strip" means that portion of a highway lying between the construct- ed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-154, filed 12113/93, effective 7/1/94.] WAC 308-330-157 Police or police officer. "Police or police officer" includes, in addition to the meaning in RCW 46.04.391, the police officers of a city, a town, marshal, or the sheriff and his/her deputies of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. 9423.029, § 308-330.157, filed 11/8/94, effective 12/9/94; 94-01-082, 1308-330-157, filed 12113/93, effective 7/1/94.] WAC 308-330-160 Police chief or chief of police. "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.160, filed 12/13!93, effective 7/1/94.] WAC 308-330-163 Police department. "Police department" includes the police department of a city or town or the sheriffs office of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. 9401-082, § 308-330-163, filed 12/13193, effective 7/1/94.] WAC 308-330-169 School bus zone. "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. [Statutory Authority: RCW 46.90.010. 94-014M § 308-330-169, filed 12/13/93, effective 7/1/94.] WAC 308-330-172 Service parking. "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. [Statutory Authority: RCW 46.90.010. 94-01-M 1309-330-172. filed 12/13/93, effective 7/1/94.] 308-330-175 �-'• ,. •..;_ �.....,., _ . � •. ,. , ,. _ Tom.... �_. � t ,. _�s,..� Washington. Model Traffic Ordinance WAC 308-330-175 Street. "Street" means a "city street." [Statutory Authority: RCW 46.90.010. 94-01-082,1308-330-175, filed 12113/93, effective 7/1/94.) WAC 308-330-178 Taxicab. "Taxicab" means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini. (Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-178, filed 12/13/93, effective 7/1/94.) WAC 308-330-181 Taxicab stand. "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330- 18 1. filed 12/13193, effective 7/1/94.) WAC 308-330-184 Tow truck operator. "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. [Statutory Authority: RCW 46.90.010. 94-01-0841 308-330-184, filed 12113/93, effective 7/1/94.] WAC 308-330-187 Traffic division. "Traffic divi- sion" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said term whenever used in this chapter shall be deemed to refer to the police department of the local authority. [Statutory Authority. RCW 46.90.010. 94-01-082, 1 308-330-187, filed 12113/93, effective 7/1194.) WAC 308-330-190 U-turn. "U-turn" means turning vehicle so as to proceed in the opposite direction on the same roadway. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-190, filed 12/13193, effective 7/1/94.1 WAC 308-330-195 RCW sections adopted- lAvestock. The following sections of the Revised Code of Washington (RCW) petuming to livestock on highway right- of-way as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 16.24.065, and 16.24.070. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-195, filed 12/13193. effective 7/1/94.) WAC 308-330-197 RCW sections adopted -Off- road and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonh[ghway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.020, 46.09.040, 46.09.120, 46.09.130, 46.09.140, 46.09.180, and 46.09.190. [4] (Statutory Authority: RCW 46.90.010. 97-10.068, 1308-330-197, filed 5/5/97, effective 6/5/97; 9423-029,1308-330-197, filed 11/8/94, effective 12/9/94: 94-01-082, 1308-330.197, filed 12113/93, effective 7/1/94.1 WAC 308-330-200 RCW sections adopted - Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended aro hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.010, 46.10.020, 46.10.090, 46.10.100, 46.10.110, 46.10.120, 46.10.130, 46.10.140, and 46.10.190. [Statutory Authority: RCW 46.90.010. 97-10-068, 1308-330-200, filed 5/5197, effective WS/97; 94-01-M 1308-330-200, filed 12/13193, effective 7/1/94.) WAC 308-330-205 Public employees to obey traffic regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. (Statutory Authority: RCW 46.90.010. 94-01-082,1 308-330-205. filed 12/13193, effective 7/1/94.1 WAC 308-330-210 Police administration. There is established in the police department of the local authority a traffic division to be under the control of a police officer appointed by, and directly responsible to, the chief of police. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-210, filed 12/13/93, effective 7/1194) WAC 308-330.215 Duty of traffic division. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the traffic regulations of the local authority, to make arrests for traffic violations, to investigate accidents and to cooperate with the traffic engineer and other officers of the local authority in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the said division by this chapter and the traffic ordinances of the local authority. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-215, riled 12/13193, effective 7/1/94.1 WAC 308-330-220 Authority of police and fire department officials. (1) Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with law: Provided That in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of law. (2) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. [Statutory Authority: RCW 46.90.010. 94-01-082, 1309-330-220, filed 12113/93, effective 7/1/94.1 Washington Model Traffic Ordinance jVAC X330-225 Rtxor ds of traffic violations. (1) The police department or the traffic division thereof shall k3eep a record of all violations of the traffic ordinances of the [aal authority or of the state motor vehicle laws of which ��. peen has been charged, with the exception of illegal ung or standing violations, together with a record of the fins[ disposition of all such alleged offenses. Such records "I be so maintained as to show all types of violations and the total of each. Such records all and from accumulate timthe records !cast a five-year period, shall be maintained complete for at least the most recent five-year period. (2) All forms for records of violations and notices of violations shall be serially numbered. For each month and yew a written record of all such forms shall be kept. (3) Records and reports concerning a person shall be available upon request only to that particular person request- ing such record or report concerning himself, or the legal guardian thereof, the parent of a minor, or any authorized representative of such interested party, or the attorney or insurer thereof. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-225, filed 12/13193. effective 7/1/94.1 WAC 308-330-230 Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arrest, and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-230, filed 12/13/93, effective 7/1/94.] WAC 308-330.235 Traffic accident studies. When- ever the accidents at any particular location become numer- ous, the traffic division shall cooperate with the traffic engineer in conducting studies of such accidents and in determining remedial measures. [Statutory Authority: RCW 46.90.010. 94-01-082, 4 308-330-235, filed 12/13193, effective 7/1/94.1 WAC 308-330-240 Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and the information of the traffic engineer. [Statutory Authority: RCW 46.90.010. 94-01-082, 1309-330-240, filed 12/13193. effective 7/1/94.1 WAC 308-330-245 Traffic division to submit annual traffic safety report. The traffic division shall annually Prepare a traffic report which shall be filed with the appoint- ing authority of the local authority. Such report shall contain information on traffic matters in the local authority as follows: (1) The number of traffic accidents, the number of Persons killed, the number of persons injured, and other Pertinent traffic accident data; [51 308-330-225 (2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; (3) The plans and recommendations of the division for future traffic safety activities. [Statutory Authority: RCW 46.90.010. 94-01-082, ¢ 308-330.245. filed 12/13/93, effective 7/1/94.] WAC 308-330-250 Police department to administer bicycle licenses. The police department or some other office or department designated by the local authority shall admin- ister the bicycle license regulations required by this chapter. [Statutory Authority: RCW 46.90.010. 94-01-082, 4 308-330-250, filed 12/13193, effective 7/1/94.] WAC 308-330-255 Police department to regulate parking meters. The police department shall be responsible for the regulation, control, operation, and use of parking meters installed in all parking meter zones. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-255, filed 12/13/93, effective 7/1194.] WAC 308-330-260 Traffic engineer. (1) The office of traffic engineer is established: Provided. That if there is no traffic engineer, then the engineer of the local authority shall serve as traffic engineer in addition to his/her other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter. Provided further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties. (2) It shall be the general duty of the traffic engineer to determine the installation and maintenance of traffic control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the highways of the local authority, to cooperate with other officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by any ordinances of the local authority. [Statutory Authority: RCW 46.90.010. 94-01-082, $ 308-330-260, filed 12/13193, effective 7/1!94.1 WAC 308-330-265 Traffic engineer—Authority. The traffic engineer is authorized: (1) To place and maintain official traffic control devices when and as required under the traffic ordinances or resolu- tions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority; (2) To place and maintain official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and special conditions; (3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular 308-330-265 Washington Model Traffic Ordinance every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings danger to pedestrians crossing the roadway, and in such other places as he/she may deem necessary; supplemented with the appropriate words stenciled on the tc (4) To establish safety zones of such kind and character curb; R and at such places as he/she may deem necessary (16) To erect and maintain official traffic control protection of pedestrians;devices on any highway or part thereof to impose gross Is (5) To mark traffic lanes upon the roadway of any highway where a regular alignment of trafficweight limits on the basis of an engineering and traffic is necessary; (6) To regulate the timing of traffic signals so as to investigation erect and maintain official traffic control permit the movement of traffic in an orderly and safe ( ) rb of to rohibit the P manner, (7) To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such course to be traveled as so indicated may conform to or be other than as pre- scribed by law; (8) To determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, ansuch all place proper signs at such intersections. The making of turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted; field signs, or (9) To erect and maintain stop signs, y 8 other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195; (10) To issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized by this section; (11) To erect signs indicating no parking upon both sides of a highway when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet; (12) To determine when standing or parking may be permitted upon the left-hand side of any roadway when the highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof, (13) To determine and designate by proper signs places not exceeding one hundred feet in length in which e stopping, standing, or parking of vehicles would create especially hazardous condition or would cause unusual delay to traffic; (14) To determine the location of loading zones, passenger loading zones, and tow -away zones and shall place and maintain appropriate signs or curb markings supplement- ed with the appropriate words stenciled on the curb indicat- ing the same and stating the hours during which the provi- sions of this chapter are applicable; (15) To establish bus stops, bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as helshe shall determine be of the greatest benefit and convenience to the public, and devices on any highway or p u thousand pounds gross operation of trucks exceeding and traffic ds gr a weight on the basis of an engineering investiga- tion: Provided, aThat osu such highwh devices ays for tl not prohibit purnorose s- sary local opt Of making a pickup or delivery; (18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle size restrictions on the basis of an engineering and traffic investigation; (19) To determine and designate those heavily traveled highways upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of a ngineering official and traffic investigation and shall erect appropriate traffic control devices giving notice thereof; (20) To install parking meters in the established parking meter zones upon the curb adjacent to each designated parking space; (21) To designate the parking space adjacent to each parking meter for which such meter is to be used by appro- priate markings upon the curb and/or the pavement of the highway; (22) To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway; (23) To test new or proposed traffic control devices under actual conditions of traffic. (Statutory Authority: RCW 46.90.010. 94-01-082,# 308-330-265, filed 12/13M. effective 7/1/94.1 WAC 308-330-270 Local authority—Authority- After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution: (1) Decrease maximum speed limits pursuant to RCS' 46.61.415; (2) Increase maximum speed limits pursuant to RC 46.61.415; limits on (3) Determine and declare the maximum speed arterial highways pursuant to RCW 46.61.415; (4) Determine and declare upon what highways angle parking shall be permitted pursuant to RCW 46.61.575(3k (5) Prohibit, regulate, or limit, stopping, standing, or parking of vehicles on En y highway at all times or during such times as shall be dicated by official traffic control devices; (6) Determine and declare parking meter zones npo those highways or pacts thereof where the installation of parking meters will be necessary to regulate panting; (7) Close any highway or part thereof temporarily to to any or all traffic; 163 CE tr n Washington Model Traffic Ordinance (g) Determine and declare one-way highways pursuant to RCW 46.61.135; (9) Determine and declare arterial highways pursuant to FCV 46. 61.195 and 46.61.435. l5rarntory Authority: RCW 46.90.010. 9401-082, § 308-330.270, filed Ill 3/93, effective 7/1194-1 ,VAC 308-330.275 Traffic safety commission— powers and duties. (1) There is established a traffic safety commission to serve without compensation, consisting of the traffic engineer, the chief of police, or, in his/her discretion as his/her representative, the chief of the traffic division or other cognizant member of the police department, one representative each from the engineer's office and the attorney's office, and such number of other officers of the local authority and representatives of unofficial bodies as may be determined and appointed by the appointing authori- ty of the local authority. The chair of the commission shall be appointed by such appointing authority and may be removed by such authority. (2) It shall be the duty of the traffic safety comalission, and to this end it shall have authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the local authority and to the traffic engineer, the chief of the traffic division, and other officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations. (Swutory Authority: RCW 46.90.010. 94-01-082, § 308-330-275, filed 12/13/93. effective 7/1/94.1 WAC 308-330-300 RCW sections adopted— certificates of ownership and registrations. The following sections of the Revised Code of Washington (RCW) pertain- ing to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.005, 46.12.070, 46.12.080, 46.12.101, 46.12.102, 46.12.160, 46.12.210, 46.12.215, 46.12.220, 46.12.250, 46.12.260, 46.12.270, 46.12.300, 46.12.310, 46.12.320, 46.12.330, 46.12.340, 46.12.350, and 46.12.380. (Statutory Authority: RCW 46.90.010. 97-10068, § 308-330.300, filed ZW, effective 615197.96-13-089, § 308-330300, filed 6/19196, effective 7/2496: 95.23.042, § 308-330300, filed 11/13/95, effective 12/14195; 94- 23-029, 423-029, § 308-330300, filed I (/8194, effective 1219194; 94-01.082, § 308- 330300, filed 12113193, effective 7/1194.] WAC 3.330-305 RCW setons adopted—Vehicle licenses- The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.16.010, 46.16.011, 46.16.022, 46.16.023, 46.16.025, 46.16.028, 46.16.030, 46.16.048, 46.16.068, 46.16.088, 46.16.090, 46.16.135, 46.16.140, 46.16.145, 46.16.160, 46.16.170, 46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.307, 46.16.316, 46.16.350, 46.16.381, 46.16.390, 46.16.500, 46.16.505, 308-330-270 46.16.560, 46.16.585, 46.16.595, 46.16.630, 46.16.640, and 46.16.680. [Statutory Authority: RCW 46.90.010. 97-10.068, 1308-330-305, filed 5/5197, effective 6/5/97; 96.13-089. 1308-330-305. filed 6/19/96, effective 720196; 95-23.042, § 308-330-305. filed 11/13195, effective 12114/95-.94- 01-N2. 2/14/95;9401-082. 1309-330-305. filed 12/13!93. effective 7/1194.] WAC 308-330-307 RCW sections adopted Driver licenses-identicards. The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.021, 46.20.022, 46.20.025, 46.20.027, 46.20.031, 46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.190, 46.20.220, 46.20.308, 46.20.336, 46.20.338, 46.20.342, 46.20.343, 46.20.344, 46.20.391, 46.20.394, 46.20.410, 46.20.420, 46.20.430, 46.20.500, 46.20.510, 46.20.550, 46.20.720, 46.20.730, 46.20.740, 46.20.750,46-20-3101, and sections 1 and 2, chapter 66, Laws of 1997. [Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. 97-16- 041, § 308-330.307, filed 7/31/97 effective 8/31/97. Statutory Authority: RCW 46.90.010. 97-10-068. § 308-330.307, filed 5/5197. effective 6/5197; 96.13.089. § 308-330.307, filed 6119/96. effective 720/96; 95-23'042. § 308-330-307. filed 11/13195, effective 12/14/95; 9423.029, 1309-330-307, filed 11/8194, effective 1219/94; 9401-082, § 308-330.307, filed 12/13/93, effective 711/94.] M WAC 308-330-309 RCW sections adopted— Uniform Commercial Driver's License Act. The following sections of the Revised Code of Washington (RCW) pertain- ing to the Uniform Commercial Driver's License Act as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010, 46.25.020, 46.25.030, 46.25.040, 46.25.050, 46.25.110, 46.25.120, and 46.25.170. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330.309. filed 12/13-193, effective 711/94.] WAC 308-330-310 RCW sections adopted— Financial responsibility. The following section of the Revised Code of Washington (RCW) pertaining to financial responsibility as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.29.605. [Statutory Authority: RCW 46.90.010. 9401-082, § 308-330-310, filed 12/13/93, effective 7/1/94.] WAC 308-330-312 RCW sections adopted— Mandatory liability insurance. The following sections of the Revised Code of Washington (RCW) pertaining to mandatory liability insurance as now or hereafter amended are hereby adopted by reference as a part of this chaptr in all respects as through such sections were set forth herein in full: RCW 46.30.010, 46.30.020, 46.30.030, and 46.30.040. [Statutory Authority: RCW 46.90.010. 94-01-082. 1308-330-312, filed 12/13193, effective 7/1/94.] 308-330-314 Washington Model Traffic Ordinance WAC 308-330-314 RCW sections adopted -Vehicle inspection. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle inspection as now or hereafter amended are hereby adopted by reference as a part of this chapter iri all respects as though such sections were set forth herein in full: RCW 46.32.060 and 46.32.070. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.314, filed 12113/93, effective 7/1/94.1 WAC 308-330-316 RCW sections adopted-Vebicle lighting and other equipment The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.460, 46.37.465, 46.37.467, 46,37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 4637570, 46.37590, 46.37.600, 46.37.610, 46.37.620, and 46.37.630. [Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330-316, filed 5/5/97, effective 6/5/97; 96.13-089, § 308.330-316, filed 6/19/96, effective 780/96; 95-23.042, § 308-330-316, filed 11/13195, effective 12/14/95; 94- 01-084 § 308-330.316, filed 12/1393, effective 7/1/94.] WAC 308-330-320 RCW sections adopted -Size, weight, load. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010, 46.44.015, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042, 46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.105, 46.44.120, 46.44.130, 46.44.140, 46.44.170, 46.44.173, 46.44.175, and 46.44.180. [Statutory Authority: RCW 46.90.010. 94-23-029, § 308-330.320, filed 11/8/94, effective 129/94; 94-01-082, § 308-330-320, filed 12/13/93, effective 7/1194.] WAC 308-330-322 RCW sections adopted - Transportation of hazardous materials. The following section of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170, 46.48.175 and 46.48.185 and chapter 446-50 WAC. [Statutory Authority: RCW 46.90.010. 97-10-068, § 308.330.322, filed 5/5/97, effective 6/SN7; 94-01-082, § 308-330-322, filed 12/13/93, effective 7/1/94.7 WAC 308-330-325 RCW sections adopted - Accidents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010, 46.52.020, 46.52.030, 46.52.040, 46.52.070, 4652.080, 46.52.088, 46.52.090, and 46.52.100. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-325, filed 12/13193, effective 7/1194.1 181 WAC 308-330327 RCW sections adopted -Hulk haulers and scrap processors. The following sections of the Revised Code of Washington (RCW) pertaining to hulk haulers and scrap processors as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.79.010 and 46.79.120. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-327, filed 12/13193, effective 7/1/94.1 WAC 308-330-330 RCW sections adopted -Motor vehicle wreckers. The following sections] of the Revised. Code of Washington (RCW) pertaining to motor vehicle wreckers as now or hereafter amended is [are] hereby adopted by reference as a part of this chapter in all respects as though such sections] were set forth herein in full: RCW 46.80.010 and 46.80.060. [Statutory Authority: RCW 46.90.010. 95-23.042, § 308-330-330, filed 11/13195, effective 12/14/95; 94-01-082, § 308-330-330, filed 12/13193. effective 7/1194.] WAC 308-330-360 Owner of record presumed liable for costs when vehicle abandoned -Exception. (1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle. (2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if within five days of the transfer heJshe transmits to the department a seller's report of sale on a form prescribed by the director. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-360, filed 12/13/93, effective 7/1/94.1 WAC 308-330365 Contract with registered dispos- er to dispose of vehicles and hulks -Compliance re- quired. (1) The local authority may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the department for the purpose of disposing of certain automo- Washington Model Traffic Ordinance File hulks, abandoned junk motor vehicles, and abandoned vehicles. (2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director. ISutuury Authority: RCW 46.90.010. 94-01-082, § 308-330-365, filed 11113193, effective 7/1/94.1 WAC 308-330-370 Stolen and abandoned vehicles - Reports of -Recovery, report required, penalty - Disposition. It shall be the duty of the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol. In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction. It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automo- bile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforce- ment officer, be placed in the custody of a tow truck operator registered pursuant to chapter 46.55 RCW. (Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330.370, filed 5/SN7, effective 6/5197; 94-01-M § 308-330-370, filed 12/13/93, effective 7/1194.] WAC 308-330400 Provisions of chapter refer to vehicles upon highway -Exception. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section; (2) The provisions of RCW 46.52.010, 46.52.020, 46.52.030, 46.52.070, 4652.080, 46.52.090, and 46.61500 through 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority. (Statutory Authority: RCW 46.90.010. 97-10-068, 1308-330400. filed %W. effective 615197; 96-13-089. § 308-330400. filed 6/19/961 effective 720/96; 94-23-029. § 30&330.400, filed 11/8/94, effective 12/9/94; 94-01- 082, § 308.330400, filed 12113)93, effective 7/1,94.] WAC 308-330403 Required obedience to traffic ordinance. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. (Statutory Authority: RCW 46.90.010. 94-01.082, § 308-330-403, filed 12/13/93, effective 7/1194.] WAC 308-330-406 RCW sections adopted - Abandoned, unauthorized, and junk vehicle tow track operators. The following sections of the Revised Code of andjuee�knoeorsdnnou dlk vhiicltowpratrsasnowor hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010, 46.55.020, 46.55.025, 191 308-330-365 46.55.035, 46.55.037, 46.55.040, 46.55.050, 46.55.060, 46.55.063, 46.55.070, 46.55.080, 46.55.085, 46.55.090, 46.55.100, 46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.140, 46.55.150, 46.55.160, 46.55.170, 46.55.230, and 4655.240. [Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330-406, filed 5/5/97, effective 615/97; 95-23-042, § 308-330406, filed 11/13/95, effective 12/14195; 94-01-082, § 308-330.406, filed 12/13/93, effective 7/1/94.] WAC 308-330-408 RCW sections adopted -Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or.hereafter amended are hereby adopted by reference as a part of this chapter in all aspects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.021, 46.61.022, 46.61.024, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, and 46.61.085. [Statutory Authority: RCW 46.90.010. 97-10.068, § 308-330.408, filed 5/5/97, effective 615/97; 94-01-082, § 308-330408, filed 12/13/93, effective 7/1/94.] WAC 308-330-409 Traffic control devices re- quired -Stopping, standing, and parking. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control devices are erected and in place at the time of any alleged offense. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330409, filed 12/13193, effective 711/94.] WAC 308-330412 Crossing new pavement and markings. No person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied markings on any highway when a sign, cone marker, or other warning device is in place warning persons not to drive across such pavement or marking. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-412, filed 12/13/93, effective 711/94.] WAC 308-330415 RCW sections adopted -Right of way. The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.230, 46.61.235, 46.61.240, 46.61.245, 46.61.250, 46.61.255, 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269. [Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330415, filed 5/5/97, effective 615197; 94-01.082, § 308-334415, filed 12113/93, effective 7/1/94.] 308-330421 Washington Model Traffic Ordinance WAC 308-330.421 RCW stations adopted -Starting and stopping. The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290, 46.61.295, 46.61.300, 46.61.305, 46.61.310, 46.61.315, 46.61.340, 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.371, 46.61.372, 46.61.375, 46.61.380, and 46.61.385. [Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330-421. filed 5/5/97, effective 6/5/97; 94-01-M § 308-330-421, filed 12/13193, effective 7/1/94.1 WAC 308-330423 RCW sections adopted peed restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to speed restrictions as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.400, 46.61.415, 46.61.425, 46.61.427, 46.61.428, 46.61.435, 46.61.440, 46.61.445, 46.61.450, 46.61.455, 46.61.460, 46.61.465, 46.61.470, and 46.61.475. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-423, filed 12/13/93, effective 7/1/94.1 WAC 308-330-425 RCW sections adopted - Reckless driving, vehicular homicide and assault. The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, 46.61.5054, 46.61.5055, 46.61.5057, 46.61.5058, 46.61506, 46.61.517, 46.61.519, 46.61.5191, 46.61.5195, 46.61.525, 46.61.527, 46.61.530, 46.61.535, 46.61.540, and section. 4, chapter 66, Laws of 1997. [Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. 97-16- 041, 11308-330-425, filed 7/31197, effective 8!31197. Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330425, filed 515/97, effective 6/5/97; 95-23-042, 1308-330-425, filed 11/13/95, effective 17!14195; 9423-029, § 308-330425, filed 11/8194, effective 1219/94; 9401-082, § 308-330425, filed 12113/93, effective 7/1/94.1 WAC 30843OA30 Obedienoe to angle -parking signs or markings. Upon those highways which have been signed or marked for angle -parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-430, filed 12113/93, effective 7/1/94.1 WAC 308-330-433 Parking not to obstruct traffic (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for five movement of vehicular traffic. 1101 (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. [Statutory Authority: RCW 46.90.010. 9401-082, § 308-330433, filed 12/13/93, effective 7/1/94.] WAC 308-330436 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the principle purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. [Statutory Authority: RCW 46.90.010. 97-10.068. § 308-330436, filed 5/5197. effective 6/5197; 94-01-M § 308-330-436, filed 12/13/93, effective 7/1194.] WAC 308-330-439 Standing in passenger loading zone. No person shall stop, stand, or park a vehicle for any purpose or period. of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-439, riled 12/13/93, effective 7/1/94.] WAC 308-330442 Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect In no case shall the stop for loading and unloading of property exceed thirty minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-442, filed 12/13193, effective 7/1194.] WAC 308-330-445 Standing in a tow -away zone. No person shall stop, stand, or park a vehicle in a place marked as a tow -away zone during hours when the provi- sions applicable to such zone are in effect [Statutory Authority: RCW 46.90.010. 94-01-M2.1 308-330-445, filed 12/13/93, effective 7/1/94.1 WAC 308-330.448 Violating permits for loading or unloading at an angle to the curb. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic engineer for the backing of a vehicle to the curb for the purpose of loading or unloading property. P C Washington Model Traffic Ordinance (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-448, filed 17/13/93, effective 7/1/94.1 WAC 308-330-451 Standing or parking on one-way roadways. In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. IStatutory Authority: RCW 46.90.010. 94-01-082, § 308-330-451, filed 12/13/93, effective 7/1/94.1 WAC 308-330454 Stopping, standing, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stop, stand, or park such vehicle upon any highway at any place other than a designated btu stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage. (2) The operator of a bus shall enter a bus stop or passenger loading zone on a highway in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. (3) The operator of a taxicab shall not stop, stand, or park such vehicle upon any highway at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passen- gers. (Statutory Authority: RCW 46.90.010. 95-23.042, § 308-330454, filed 11/13/95, effective 12/14/95; 94-01-082. § 308-330-454. filed 12/13/93, effective 7/1/94.1 WAC 308-330457 Restricted use of bus stops and taxicab stands. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such stop or stand. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-457, filed 12/13/93, effective 7/1/94.] WAC 308-330-460 Right of way for parking. The driver of any vehicle who first begins driving or maneuver- ing his/her vehicle into a vacant parking space shall have a Prior right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the Purpose of establishing right of way in this section it shall be considered proper to back into any but a front -in angle Parking space. 308-330448 [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.460, filed 12/13/93, effective 7/1/94.] WAC 308-330-462 RCW sections adopted— Stopping, standing, and parkins. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.560, 46.61.570, 46.61.575, 46.61.581, 46.61582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590. [Statutory Authority: RCW 46.90.010. 97-10-068, § 308-330.462. filed 5/5/97. effective 6/5/97; 94-01-082, § 308-330.462, filed 12/13/93, effective 7/I/94.] WAC 308-330-464 RCW sections adopted— Operation and restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611, 46.61.612, 46.61.614, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46.61.665, 46.61.670, 46.61.675, 46.61.680, 46.61.685, 46.61.687, 46.61.688, 46.61.690, 46.61.700, 46.61.710, 46.61.720, and 46.61.730. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330464, filed 12/13/93, effective 7/1/94.1 WAC 308-330-466 Funeral processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable. (2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes as determined by the chief of police. (3) All motor vehicles in a funeral procession shall be identified by having their headlights turned on or by such other method as may be determined and designated by the chief of police. (4) All motor vehicles in a funeral procession shall be operated as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe. [Statutory Authority: RCW 46.90.010. 94-01.082, § 308-330466, filed 12/13/93, effective 7/1/94.1 WAC 308-330469 When permits required for parades and processions. With the exception of funeral processions and parades of the armed forces of the United States, the military forces of this state, and the forces of the police and fire departments, no processions or parades shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may be applicable. [Statutory Authority: RCW 46.90.010. 94-01-M 11308-330469, filed 12/13/93, effective 7/1/94.] 308-330-472 Washington Model Traffic Ordinance WAC 308-330472 Interfering with processions. (1) No person shall unreasonably interfere with a procession. (2) No person shall operate a vehicle that is not part of a procession between the vehicles of the procession. This provision shall not apply at intersections where traffic is controlled by traffic control devices unless a police officer is present at such intersections to direct traffic so as to preserve the continuity of the procession. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330472, filed 12/13193, effective 7/1/94.1 WAC 308-330-475 Boarding or alighting from vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.475, filed 12/13193, effective 7/1/94.] WAC 308.330478 Unlawful riding. No person shall ride upon any portion of a vehicle not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-478, filed 12/13/93, effective 7/1/94.1 WAC 308-330-481 RCW sections adopted— Operation of nonmotorized vehicles. The following sections of the Revised Code of Washington (RCW) pertain- ing to the operation of nonmotorized vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750, 46.61.755, 46.61.758, 46.61.760, 46.61.765, 46.61.770, 46.61.775, and 46.61.780. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330.481, filed 12/13/93, effective 7/1/94.1 WAC 308-330-500 Bicycle license required. No person who resides within the jurisdiction of the local authority shall ride or propel a bicycle on any highway or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided in WAC 308- 330500 through 308-330540. [Statutory Authority: RCW 46.90.010. 94-01-M § 308-330500, filed 12/13/93, effective 7/1/94.1 WAC 308-330-505 Bicycle license application. Application for a bicycle license and license plate or decal shall be made upon a form provided by and to the chief of police. An annual license fee as prescribed by the local authority shall be paid to the local authority before each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the same cost as the original plate or decal in the event of loss of the plate or decal. [Statutory Authority: RCW 46.90.010. 94-01-082, 11308-330-505, filed 12/13193, effective 7/1/94.] [121 WAC 308-330510 Issuance of bicycle license. (1) The chief of police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year. (2) The chief of polite shall not issue a license for any bicycle when he/she knows or has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of, such bicycle. (3) The chief of police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and a record of all bicycle license fees collected by him. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330510, filed 12/13/93, effective 7/1/94.) WAC 308-330-515 Attachment of bicycle license plate or decal. (1) The chief of police, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle, and the name of the local authority. (2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (3) No person shall remove a license plate or decal from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is disman- tled and no longer operated upon any highway within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330515, filed 12/13193, effective 7/1/94.1 WAC 308-330520 Inspection of bicycles. The chief of police, or an officer assigned such responsibility, may inspect each bicycle before licensing the same and may refuse a license for any bicycle which he/she determines is in unsafe mechanical condition. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330520, filed 12/13/93, effective 7/1/94.) WAC 308-330525 Renewal of bicycle litxnse. Upon the expiration of any bicycle license, the same may be renewed upon application and payment of the same fee as upon an original application. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330525, filed 12/13193, effective 7/l/94.1 WAC 308-330-530 Bicycle transfer of ownership. Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate or decal and shall either surrender the same to the chief of police or may upon proper application, but without payment of additional fee, have such plate or decal assigned to another bicycle owned by the applicant. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-530, filed 12!13/93, effective 7/1/94.1 WAC 308-330-535 Bicycle rental agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached Washington Model Traffic Ordinance thereto as provided herein and such bicycle is equipped with the equipment required by RCW 46.61.780. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-535, filed 11!13193, effective 7/1/94A WAC 308-330-540 Bicycle dealers. Every person engaged in the business of buying or selling new or second- hand bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and number of license plate or decal, if any, found thereon. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330-540, filed 12/13193, effective 7/1/94.] WAC 308-330-545 Bicycles --Obedience to traffic control devices. (1) Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer. (2) Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330545, filed 12/13193, effective 7/1/94.] WAC 308-330-550 Bicycles—Parking. No person shall park a bicycle upon a highway other than: (1) Off the roadway except in designated areas; (2) Upon the sidewalk in a rack to support the bicycle; (3) Against a building; or (4) In such manner as to afford the least obstruction to pedestrian traffic. [Statutory Authority: RCW 46.90.010. 9401-082, § 308-330550, filed 17113193, effective 7/1/94.] WAC 308-330-555 Bicycles—Riding on sidewalks. (1) No person shall ride a bicycle upon a sidewalk in a business district. (2) A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices. (3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any Pedestrian. [Statutory Authority: RCW 46.90.010. 94-01-082,1308-330-555, filed l2n3/93, effective 7/1194.) WAC 308-330-560 Bicycles—Penalties. Violation of any Provision of WAC 308-330-500 through 308-330-540 is a traffic infraction. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330560, filed 12/13/93. effective 7/1/94.1 1131 308-330-535 WAC 308-330-565 Unclaimed bicycles. All un- claimed bicycles in the custody of the police department shall be disposed of as provided in chapter 63.32 RCW. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330-565, filed 12/13193. effective 7/1/94.] WAC 308-330-600 Parking meter spaces. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which such meter is located so that any part of such vehicle occupies more than one such spate or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking meter space shall be permitted to occupy two adjoining parking meter spates when coins shall have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330600, filed 12/13193, effective 7/1/94.] WAC 308-330-610 Parking meters—Deposit of coins and time limits. (1) No person shall park a vehicle in any parking meter space alongside of and next to which a panting meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a United States coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (2) No person shall permit a vehicle within his/her control to be parked in any parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter. (3) No person shall park a vehicle in any parking meta space for a consecutive period of time longer than that limited period of time for which parking is lawfully permit- ted in the parking meter zone in which such theta is located, irrespective of the number or amounts of the coins deposited in such meter. (4) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stop- ping, standing, or parking of vehicles in specified places or at specified times. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330610, filed 12/13/93, effective 7/1/94.) WAC 308-330-620 Parking meters—Use of slugs prohibited. No person shall deposit or attempt to deposit in any parking meter any bent coin, slug, button, or any other device or substance as substitutes for United States coins. [Statutory Authority: RCW 46.90.010. 94-01-082, 1308-330-620, filed 12/13193, effective 7/1194) 308-330-630 Washington Model Traffic Ordinance WAC 308-330-630 Tampering with parking meter. No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.630, filed 12/13/93, effective 7[1/94.] WAC 308-330-640 Parking meters—Rule of evidence. The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such spate for a period longer than permitted by this chapter. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.640, filed 12/13/93, effective 7/1/94.] WAC 308-330-650 Parking meters—Application of proceeds. (1) The coins required to be deposited in parking meters are levied and assessed as fees to cover the regulation and control of parking upon highways, the costs of parking meters, their installation, inspection, supervision, operation, repair, and maintenance, control and use of parking spaces, and regulating the parking of vehicles in parking meter zones; and the costs of acquiring, establishing, improving, maintaining, and operating public off-street parking facilities. (2) The coins deposited in parking meters shall be collected by the duly authorized agents of the local authority and shall be deposited by them as directed by the local authority. (3) The local authority shall pay from the moneys collected from parking meters the costs for any parking meters purchased and installed as provided herein, and expenses incurred for their installation, inspection, service, supervision, repair, and maintenance, for making collections from such parking meters, and for the enforcement of provisions herein applicable to parking meter zones. The net proceeds derived from the operation of parking meters after the payment of such costs and expenses, may be used for parking studies and for the acquisition, establishment, improvement, maintenance, and operation of public off-street parking facilities. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330650, filed 12113/93, effective 7/1/94.1 WAC 308-330-660 Service parking. The chief of police is authorized to issue a permit for service parking upon payment of the fee prescribed by the local authority and upon the following conditions: (1) Application shall be made to the chief of police on such forms as the chief of police shall prescribe. The applicant shall set forth the applicant's business and the necessity for such permit. The chief of police shall investi- gate the facts as necessary. (2) If it appears that a necessity exists, the chief of police may authorize the issuance of such permit under the conditions prescribed in this section. (3) Upon issuance of the permit, the permittee shall be issued a hood to use in covering any parking meter. As many hoods may be issued upon payment of the prescribed fee as the chief of police deems necessary or convenient for 1141 the applicant. The hood shall be provided with a padlock, tow keys, and an identification card attached with a blank space thereon. (4) Upon entering any parking meter space available, the permittee shall place the hood over the parking meter and lock the same and shall indicate in such blank space the exact place where the service work is being rendered. (5) The permittee shall not place the hood over any meter when the space is occupied by another vehicle, and shall before vacating the space at the conclusion of the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the space is not occupied by an authorized vehicle, nor shall it be allowed to remain in place after 6:00 p.m. on any weekday or on any Sunday or holiday. It shall not be used during hours when parking or stopping in the parking meter space is prohibited. No vehicle licensed as a passenger car shall be parked in the space covered by the hooded parking meter. (6) The chief of police may revoke any permit if the service parking hood is used for any purpose other than that authorized in this section or for any violation of this chapter. Upon revocation, the hood shall immediately be returned to the police department and all fees paid shall be forfeited. Police officers finding such hood in use shall investigate the use being made thereof, and if it is found in violation of this section shall report the facts to the chief of police. (7) Any permit issued under this section shall, unless revoked, be valid for a period of one year. (8) The permittee shall also pay a deposit in an amount prescribed by the local authority at the time of issuance of the hood, padlock, and keys, which shall remain the property of the local authority. In case a hood, a padlock, or key becomes lost or destroyed or so defaced that it is no longer usable, the permittee shall forfeit deposit. [Statutory Authority: RCW 46.90.010. 94-01-082. § 308-330-660, filed 12/13/93, effective 7/1/94.1 WAC 308-330-700 RCW sections adopted— Disposition of traffic infractions. The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010, 46.63.020, 46.63.030, 46.63.040, 46.63.060, 46.63.070, 46.63.080, 46.63.090, 46.63.100, 46.63.110, 46.63.120, 46.63.130, 46.63.140, and 46.63.151. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330700, filed 12/13/93, effective 7/1/94.] WAC 308-330-705 RCW sections adopted— Enforcement. The following sections of the Revised Code of Washington (RCW) pertaining to traffic enforcement agencies as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.64.010, 46.64.015, 46.64.025, 46.64.030, 46.64.035, 46.64.048, and 46.64.050. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330705, filed 12/13/93, effective 7/1/94.1 Washington Model Traffic Ordinance WAC 308-330-710 Penalties. Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of these rules shall be punished by a penalty of not more than two hundred fifty dollars. [Starutory Authority: RCW 46.90.010. 94-01-082, § 308-330-710, filed 17113/93, effective 7/1/94.1 WAC 308-330-720 Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-720, filed 12/13/93, effective 7/1/94.1 WAC 308-330-730 Failure to comply with traffic citation attached to parked vehicle. If a violator of any provision of this chapter on stopping, standing, or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the clerk of the traffic court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330-730, filed 12/13/93, effective 7/1/94.1 WAC 308-330-740 Presumption in reference to illegal parking. (1) In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (2) The foregoing stated presumption shall apply only when the procedure as prescribed in WAC 308-330-720 and 308-330-730 has been followed. (Statutory Authority: RCW 46.90.010. 94-01-082, § 308.330.740, filed 12/13/93, effective 7/1/94.1 WAC 308.330-800 RCW sections adopted—Traffic control devices. The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 4736.005, 47.36.060, 47.36.110, 47.36.180, 47.36.200, 47.36.210, 47.36.220, and 47.36.230. [Statutory Authority: RCW 46.90.010. 97-10-M, § 308-330.800, filed 5/5197, effective &SW; 94-01-M § 308-330.800, filed 12113193, effective 711194.] [151 308-330-710 WAC 308-330-810 RCW sections adopted—Limited access facilities. The following sections of the Revised Code of Washington (RCW) pertaining to limited access facilities as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.52.010, 47.52.011, 47.52.040, 47.52.110, and 4752.120. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.810, filed 12/13/93, effective 7/1/94.1 WAC 308-330-815 RCW sections adopted— Alcoholic beverage control. The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 66.44.240 and 66.44.250. [Statutory Authority: RCW 46.90.010. 9401-082, § 308-330-815, filed 12/13/93. effective 7/1/94.1 WAC 308-330-820 RCW sections adopted—Guide and service dogs. The following sections of the Revised Code of Washington (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.84.020, 70.84.021, and 70.84.040. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.820, riled 12/13/93, effective 7/1/94.] WAC 308-330-825 RCW sections adopted— Littering. The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereaf- ter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030, 70.93.050, 70.93.060, and 70.93.097. [Statutory Authority: RCW 46.90.010. 97-10.068, § 308-330-825, filed 5/5/97, effective 6/5197; 94-01-082, § 308-330-825, riled 12/13/93, effective 7/1/94.1 WAC 308-330-910 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it. [Statutory Authority: RCW 46.90.010. 94-01-082, § 308-330.910, filed 12/13/93, effective 7/1/94.1 STATUTES ADOPTED BY REFERENCE. IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Sections 46.04.382 Passenger car. 16.24.065 Stock at large in restricted areas—Running at large on state 46.04391 Police officer. or federal land. 46.04.400 Pedestrian. 16.24.070 Stock on highway right-of--way—Limitations. 46.04.405 Person. 46.04.010 Scope and construction of terms. 46.04.408 Photograph, picture, negative. 46.04.015 Alcohol concentration. 46.04.410 Pneumatic tires. 46.04.020 Alley. 46.04.414 Pole trailer. 46.04.030 Arterial highway. 46.04.416 Private carrier bus. 46.04.040 Authorized emergency vehicle. 46.04.420 Private road or driveway. 46.04.050 Auto stage. 46.04.435 Public scale. 46.04.060 Axle. 46.04.440 Railroad 46.04.071 Bicycle. 46.04.450 Railroad sign or signal. 46.04.080 Business district. 46.04.455 Reasonable grounds. 46.04.085 Camper. 46.04 460 Registered owner. 46.04.090 Cancel. 46.04.465 Rental car. 46.04.100 Center line. 46.04.466 Rental ear business. 46.04.110 Center of intetsextion. 46.04.470 Residence district. 46.04.115 Chauffeur. 46.04.480 Revoke. 46.04.120 City street. 46.04.490 Road tractor. 46.04.125 Collector. 46.04.500 Roadway. 46.04.127 Collegiate license plates. 46.04.510 Safety zone. 46.04.130 Combination of vehicles. 46.04.521 School bus. 46.04.140 Commercial vehicle. 46.04.530 Semitrailer. 46.04.150 County toad. 46.04.540 Sidewalk. 46.04.160 Crosswalk. 46.04.550 Solid lite. 46.04.162 Department. 46.04552 Special mobile equipment. 46.04.163 Director. 46.04355 Stand or standing. 46.04.165 Driveaway towaway operation. 46.04.560 State highway. 46.04.167 Driver education. 46.04565 Stop. 46.04.169 Electric -assisted bicycle. 46.04566 Stop or stopping. 46.04.170 Explosives. 46.04570 Street ear. 46.04.180 Farm tractor. 46.04.571 Street rod vehicle. 46.04.181 Farm vehicle. 46.04580 Suspend. 46.04.182 Fanner. 46.04.582 Tandem axle. 46.04.183 Farming. 46.04.585 Temporarily sojourning. 46.04.187 Flammable liquid. 46.04590 Traffic. 46.04.190 For bite vehicle. 46.04.600 Traffic control signal. 46.04.194 Garbage truck. 46.04.611 Traffic -control devices. 46.04.197 Highway. 46.04.620 Trailer. 46.04.200 Hours of darkness. 46.04.622 Park trailer. 46.04.215 Ignition interlock device --Other biological or technical de- 46.04.623 Travel trailer. via—Definitions. (Effective laauwy 1. 1998.) 46.04.630 Train. 46.04.220 Intersection area. 46.04.640 Trolley vehicle. 46.04.240 Intersection control arca 46.04.650 Tractor. 46.0425I Kit vehicle. 46.04.653 Tack. 46.04.260 Laned highway. 46.04.655 Truck tractor. 46.04.270 Legal owner. 46.04.660 Used vehicle. 46.04.274 LimotWor, etc. 46.04.670 Vehicle. 46.04.276 Limousine carrier. 46.04.672 Vehicle or pedestrian right of way. 46.04280 Local authorities. 46.04.710 Wheelchair conveyance. 46.04.290 Marked ==walk 46.09.020 Definitions. 46.04300 Metal tire. 46.09.040 Use permit prerequisite to operation. 46.04302 Mobile home, manufactured home. 46.09.120 Operating violations. 46.04.303 Modular home. 46.09.130 Additional violations -Penalty. 46.04304 Moped. 46.09.140 Accident reports. 46.04305 Motor bomes. 46.09.180 Regulation by local political subdivisions or state agencies. 46.04310 Motor truck 46.09.190 General penalty—Civil liability. 46.04320 Motor vehicle. 46.10.010 Definitions. 46.04330 Motorcycle. 46.10.020 Ownership, transport, or operation of snowmobile without 46.04332 Motor4dven cycle. registration prohibited. 46.04.340 Muffler. 46.10.090 Operating violations. 46.04.350 Multiple lane highway. 46.10.100 Crossing public roadways and highways lawful, when. 46.04355 Municipal transit vehicle. 46.10.110 Operating upon public rad or highway lawful, when. 46.04360 Nonresident. 46.10.120 Restrictions on age of operators --Qualifications. 46.04370 Operator or driver. 46.10.130 Additional violations—Penalty. 46.04380 Owner. 46.10.140 Accident reports. 46.04381 Park or parking. 46.10.190 Violations as traffic infractions—Exceptions—Civil liability. 46.043815 Parts car. 46.12.005 Definitions. [171 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 46.12.070 Destruction of vehicle—Surrender of certificates, penalty— 46.20.022 Unlicensed drivers—Subject to all provisions of Title 46 Notice of settlement by insurance company. RCW. 4 46.12.080 Procedure on installation of different motor—Pendry. 46-20 M5 Persons exempt from licensing requitement 4 46.12.101 Transfer of ownership, how perfected—Penalty, exceptions. 4610.027 Licenses of persons saving in armed forces to remain in 4 46.12.102 Release of owner from liability, requirements for. force—Duration. 4 46.12.160 Refusal or cancellation of certificate—Notice—Petwlry for 46.20.031 Persons ineligible to be licensed. 4 subsequent operation. 46.20.041 Physically or mentally disabled persons—Proadune— 4 46.12.210 Penalty for false statements or illegal transfers. Restrictions—Violations—Penalty. 4r 46.12115 Unlawful sale of eestificate of ownership. 4610.045 Age limit for school bus drivers and drivers of for hire vehi- 4 46.12.220 Alteration or forgery—Penalty. cies. 4c 46.12.250 Ownership of motor vehicle by person under eighteen pro- 46.20.055 Instruction permits and temporary licenses. 4( Idbited—Exceptions. 46.20.070 Juvenile agricultural driving permits. 46.12.260 Sale or transfer of motor vehicle ownership to person under 46.20.190 License in immediate possession and displayed on demand. 44 eighteen prohibited. 46.20.220 Unlawful renting of vehicle to unlicensed person --Rental 46.12270 Penalty for violation of RCW 46.12.250 or 46.12.260. record. 4( 46.12300 Serial numbers on vehicles, watercraft campers, or parts-- 46.20.308 Implied content—License sanctions for test refusal— Buying, selling, etc., with numbers removed, altered, Procedures. Q etc.—Penalty. 46.203101 Implied content—horse sanctions, length of. 4( 46.12310 Serial numbers—Seizure and impoundment of vehicles, 46.20.336 Violations—Penalty. V etc.—Notice to interested persons—Release to owner, 46.20338 Display or possession of canceled, revoked, suspended Ii - etc. cense or identiard. 4( 46.12320 Serial numbers --Disposition of vehicles, etc„ authorized, 46.20.342 Driving while license suspended or revoked—Penalties— when. Extension of suspension or revocation. 46.12330 Serial numbers—Hearing—Appeal—Removal to court— 46.20343 Unlawful to allow unauthorized minor child or ward to Release. drive. 46.12340 Serial numbers—Release of vehicle, etc. 46.20344 Unlawful to allow unauthorized person to drive. 46 M 46.12350 Assignment of new serial number. 46.20391 Occupational drivers license—Application—Eligibiliry- 46.12380 Disclosure of names and addresses of individual vehicle Restrictions--Caneellatioo. 4E owners. 4620394 Occupational driver's liceosa--Departnkntal issuance 46 46 46.16.010 1 kenses and plates required—Penalties—Exceptions. Deviled restrictions—Violation. 46.16.011 Allowing nnantiro&W person to drive—Penalty. 46.20.410 Occupational driver's licerso —Penalty. 46 46.16.022 Exemptions ----Vehicles owned b Indian tribes—Conditions. Pti Y 46.20.420 Operation of rector vehicle under other license or permit 46 4646 46.16.023 Ride -slaving vehicles—Special plates --Gross misdemeanor. prohibited while license is suspended or revoked— 46.16.025 Identification device for exempt farm vehicles—Application penalty. for—Contents—Pee. 4620.430 Stopping vehicle registered to suspended or revoked driv- 46 46 46.16.028 'Resident" defined—Vehicle registration required. 0 --Display of license. 46 46.16.030 Nonresident exemption—Reciprocity. 46.20500 Motorcycle endorsement—Exceptions. 46 4616.048 Temporary tetter of authority for movement of unlicensed 46.20-510 Motorcycle eadasementCategories—Instruction permits— 46 vehkk for special community event Fees. 46 46.16.068 Tailing units—Perrnanent plates. 4610550 Wheelchair conveysnees—Special examinations— 46 46.16.088 Transfer of license plates—Penalty. Restrictions on license --Rules for performance review. 46.16.090 Gross weight fees on farm vehicles—Penalty. 4610.720 Ignition imalocks, biological, technical devices—Drivers 46 46.16.135 Monthly license foe --Penalty. convicted of alcohol often=. (Effective until January 46 46.16.140 Overloading licensed capacity—Additional license— 1, 1998.) Penalties --Exceptions. 46.20.720 Ignition interlocks, biological, technical devices—Drivers 46 46.16.145 Overloading licensed capacity—Penalties. convicted of alcohol offenses. (Effective January 1, 46.16.160 Vehicle trip permits—Restrictions and requirements—Fees 1998) 46 and taxes—Penalty--Rules. 46.20.730 lotion interlock device--Otber biological or technical de- 46 46.16.170 Marking gross weight on vehicle. vice—Defioitioos. (Effective until January 1, 1998) 46 46.16.180 Unlawful to carry passengers for him without license. 4610.740 Ignition interlocks, biological, technical devices—Notation 46 46.16.240 Attachment of plates to vehicles—Violations enumerated. on drivers license (Ef'eaive until January 1, 1998.) 46 46.16260 License registration certificate—Signature required—Carried 4610.740 Ignition interlocks, biological, technical devices—Notation in vehicle--Penalty—inspection--Exception. on driver's license --Penalty. (Effective January 1, 46 46.16290 License certificate and plates follow vehicle on transfer— 1998) 46 Exceptions. 46.20.750 Ignition imerbds, biological, technical devices—Assisting 46 46.16307 Collectors' vehicles—Use restrictions. another in starting or operating—Penalty. 46 46.16316 Special Gants plates—Transfer of vehicle—Replacement 46.25.010 Definitions. per• 46.25.020 One tioease limit 46 46.16350 Amateur radio operator plates—Expiation or revocation of 46.25.030 Duties of driver—Notice to department and employer. 46 radio license—Penalty. 46.25.040 Duties of employer. 46.16.381 Special ping privileges for disabled persons—Penaldes 4615.050 Commercial drivers license required --Exceptions, restric- 46 for unauthorized use or puking. tions. 46 46.16390 Special plate or card issued by another jurisdiction. 4625.110 Driving with alcohol in system. 46.16.500 Liability of operator, owner, lessee for violations. 4625.120 Teat for alcohol or drugs—Disqualification for refusal of 46 46.16305 Camper —License and plates—Application—Fee. test or positive test 46.16.560 Personalized license plates --Defined. 4625.170 Civil and criminal penalties. 46 46.16585 Personalized license plates--Fees—Renewai—penalty. 46.29.605 Suspension of registration, notim -Surrender of license 46 46.16595 Personalized license plates—Transfer or surrender upon sale plea—penalties. 46 or release of vehicle—Penalty. 4630.010 Legisladve intent 46 46.16.630 Moped registration. 4630.020 liability insrtraoee or other financial responsibility re 46.16.640 Wheelchair conveyances. qui"—Violations--Exceptions. 46 46.16.680 Kit vehicles. 4630.030 Insurance ider tifiadon card. 46 46.20.005 Driving without a lid, when. 4630.040 Providing false evidence of financial responsibility— 46.20.015 Driving without a License—Traffic infraction, when. Penally. 46 4620.021 Resident" for drivers license purposes --Surrender of other 46.32.060 Moving defective vehicle unlawful—Impounding authorized. 46 license—Local license not required. 46.32.070 Inspection of damaged vehicle. 46 1181 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 4637.010 Scope and effect of regulations ---General penalty. 46.37.495 Safety chains for towing. 4637.020 When lighted lamps and signaling devices am required. 4637500 Fenders or splash aprons. 4637.030 Visibility distance and mounted height of lamps. 4637.510 Seat belts and shoulder harnesses. 1,5.47,040 Head lamps on motor vehicles. 4637513 Bumpers. 4637.050 Tail lamps. 4637.517 Body and body hardware. 4637.060 Reflectors. 46.37318 Street rods and kit vehicles. 4637.070 Stop p lamps and turnsignals required. 4637.520 Beach vehicles with soft tires-'Lhme buggies" -Inspection 4637.080 Application of succeeding sections. and approval required -Fee. 4637,090 Additional equipment requited on certain vehicles. 4637.522 Motorcycles and motor -driven cycles -When head lamps 4637.100 Color of clearance lamps, side marker lamps, back-up and tail lamps to be lighted. lamps, and reflectors. 46.37.523 Motorcycles and motor -driven cycles -Head lamps. 4637.110 Mounting of ref ectom clearance lamps, identification 46.37.524 Motor -driven cycles -Head lamps. lamps, and side marker lamps. 46.37.525 Motorcycles and motor -driven cycles -Tail lamps, reflee- 4637.120 Visibility of reflectors, clearance lamps, identification lamps, tors, and stop lamps. and side marker lamps. 4637527 Motorcycles and motor -driven cycles -Brake requimmwts. 4637.130 Obstructed lights not required. 46.37.528 Motorcycles and motor -driven cycles-Perfomaoce ability 4637.140 Lamps. reflectors, and flags on projecting load. of brakes. 4637.150 Lamps on vehicles --Parked or stopped vehicles, lighting 46.37.529 Motor -driven cycles -Braking system inspection. requirements. 46.37.530 Motorcycles, motor -driven cycles, mopeds, electric-auisted 46.37.160 Hazard warning lights and reflectors on farm equipment rnent�au„icrrRes. bicycles -Helmets, other equip "`'a" Slow-moving vehicle emblem. 46.37.535 Motorcycles, motor riven cycles, or mopeds -Helmet re - 46.37.170 Lamps and reflectors on other vehicles and equipment- Iquirements when rented. Slow-moving vehicle emblem on animal -drawn vehicles. 46.37.537 Motorcycles -Exhaust system 4637.180 Spot lamps and auxiliary lamps. 4637.539 Motorcycles and motor4tiven cycles -Additional require - 46.37.194 Red flashing lights on fico department vehicles. ments and limitations. 46.37.185 Green light on firemen's private ears. 46.37.540 Odometers-Discoruecting, resetting, or ung back pro - 4637.186 Fire department sign or plate on private car. hibited. 46.37.187 Green light, sign or plate -Identification card required. 46.37550 Odometers --Selling motor vehicle knowing odometer turned 46.37.188 Penalty for violation of RCW 4637.184 through 46.37.188. back unlawful. 4637.190 Warning devices on vehicles-0ther drivers yield and stop. 46.37.560 Odometers -Selling motor vehicle knowing odometer re - 46.37.193 Signs on buses. pfd unlawful. 46.37.196 Red lights on emergency tow trucks. 46.37.570 Odometers -Selling, advertising, using, or installing device 46.37200 Stop lamps and electric tum signals. which causes other than true mileage to be registered. 4637210 Additional lighting equipment. 46.37.590 Odometers --Purchaser plaintiff to recover Coss and 4637215 Hazard warning lamps. attorney's fee, when. 46.37220 Multiplabeam road -lighting equipment. 46.37.600 Liability of operator, owner, lessee for violations. 4637230 Use of multiple -beam road -lighting equipment. 46.37.610 Wheelchair conveyance standards. 4637240 Single -beam road -lighting equipment. 46.37.620 School buses --Crossing arms. 4637260 Alternate road lighting equipment. 4637.630 Private school buses. 4637270 Number of lamps required -Number of additional lamps 46.44.010 Outside width limit. permitted. 46.44.015 Tow truck exemptions. 4637280 Special restrictions on lamps. 46.44.020 Maximum height -Impaired clearance signs. 46.37290 Special lighting equipment on school buses and private 46.44.030 Maximum lengths. carrier buses. 46.44.034 Maximum lengths ---Front and rear provisions. 46.37.300 Standards for lights on snow -removal or highway mainte- 46.44.036 Combination of units -Limitation. nance and service equipment. 46.44.037 Combination of units -Lawful operations. 4637310 Selling or using lamps or equipment. 46.44.041 Maximum gross weights -Wheelbase and axle factors. 4637.340 Braking equipment required. 46.44.042 Maximum gross weights -Axle and tire factors. 4637351 performance ability of brakes. 46.44.043 Cement trucks -Axle loading controls. 4637360 Maintenance of brakes -Broke system failure indicator. 46.44.047 Excess weight -Logging trucks -Special permits-CAantY 46.37365 Hydraulic brake fluid -Defined -Standards and specifics- or city permits -Fees --Discretion of arresting officer. tions. 46.44.050 Minimum length of wheelbase. 4637369 Wheels and front suspension. 46.44.060 Outside load limits for passenger vehicles. 4637375 Steering and suspension systems. 46.44.070 Drawbar requirements -Trailer whipping or weaving - 4637380 Horns, warning devices, and theft alarms. Towing flag. 46.37390 Mufflers, prevention of noise -Smoke and air contami- 46.44.090 Special permits for oversize or overweight movements. omts-Standards-Definitions. 46.44.091 Spatial permits --Gross weight limit. 4637.400 Mums. 46.44.092 Special permits -Overall width limits, excepdons- 46.37.410 Windshields requited, exception -Must be unobstructed and Application for permit. equipped with wipers. 46.44.093 Special permits -Discretion of issuer-Caaditions. 4637.420 Tires -Restrictions. 46.44.095 Temporary additional tonnage pamits-Fees. 46.37.423 Pneumatic passenger car tiros -Standards -Exception for 46.44.096 Special permits-Deamnining fee --To whom paid. off-highway use -Penalty. 46.44.105 Enforcement procedures --Pe allies -Rales. 4637.424 Regrooved tires--,Sandatds-Exception for off-highway 46.44.120 Liability of owner, octets, for violadons. use -Penalty. 46.44.130 Farm implements -Gross weight and size limitation excep- 4637.425 q tms--Unsafe-State patrol's authority -Penalty. tion -Penalty. 4637.430 Safety glazin"unseteening or coloring. 46.44.140 Farm implements --Special permits -Penalty. 4637.435 Sunsaeeaing, unlawful installation, penalty. 46.44.170 Mobile home movement special permit and decal - 4637.440 4637.450 Flares or other warning devices required on certain vehicles. Certification of taxes paid -License plate; --Rules. 4637A60 Disabled vehicle --Display of warning devices. 46.44.173 Notice to treasurer and assessor of county where mobile 4637.465 Vehicles tanspocting explosives. home to be located. 4637.467 Fuel system. 46.44.175 Penalties -Hearing. 4637A70 Alternative fuel souree.-Placard required. 46.44.180 Operation of mobile home pilot vehicle without insurance 4637.48p Air tion �Pmeot, unlawful- 46.37.490 Televise ewers- es. 46.48.170 State Patrol authorityesRules and Safe Safety load chains and devices required. and devices 46.48.175 Rules-Pesalaes-Responsibility for tompiiamce. for compliance. [19] STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 46.48.185 Inspections. 4632010 Duty on striking unattended car or other property—Penalty. 46.52.020 Duty in case of injury to or death of person or damage to attended vehicle or other property—Penalty. 46.52.030 Accident reports. 46.52.040 Accident reports—Report when operator disabled. 46.52.070 Police officer's report. 46.52080 Confidentiality of reports—Information required to be dis- closed—Evidence. 46.52.088 Report --False information. 4652.090 Report of major repairs, etc. Violations, penalties— Rules—Exceptions for older vehicles. 46.52.100 Record of traffic charges—Reports of court—District court venue—Driving under influence of liquor or drugs. 46.55.010 Definitions. 4655.020 Registration mequimd—Penalty. 4655.025 Registration or insurance required --Penalty. 4655.035 Prohibited acts—Penalty. 46.55.037 Compensation for private impounds. 46.55.040 Penult tequired—Inspections of equipment and facilities. 4635.050 Classification of trucks --Marking requirements—Time and place of inspection—Penalty. 4655.060 Business loc:adon—Requirement. 4635.063 Fees, schedules, contracts, invoices. 4635.070 Posting requirements—Exception. 4655.080 Law enforcement impound, private impound—Master log— Certain associations restricted. 4635.085 Law enforcement impound—Unauthorized vehicle in right of way. 4655.090 Storage, return mequirments—Personal property— Combination endorsement for tow truck drivers— Viewing impounded vehicle. 4635.100 Impound notice—Abandoned vehicle report—Owner infor- r nation—Dispositioa report. 4635.105 Responsibility of registered owner. 4635.110 Notice to legal and registered owners. 46.55.113 Removal by police officer. 4655.120 Redemption of vehicles—Sale of unredeemed vehicles or personal property—Impoundment in violation of chap- ter. 4635.130 Notice requirements—Public auction—Accumulation of stor- age charges. 4635.140 Operator's lien, deficiency claim, liability. 4635.150 Vehicle transaction file. 4635.160 Availability of records. equipment, and facilities for audit and inspection. 4655.170 Complaints, where forwarded. 4655.730 Junk vehicles—Removal, disposal, We. 4655.240 Local ordinances—Requirements. 46.61.005 Chapter refers to vehicles upon highways—Exceptions. 46.61.015 Obedience to police officers, flagmen, or fere fighters— 46.61.020 Refusal to give information to or cooperate with officer— . 46.61.021 Duty to obey law eafotcement officer—Authority of officer. 46.61.022 Failure to obey officer—Penalty. 46.61.024 Attempting to elude pursuing police vehicle—license revo- cation. 46.61.025 Persons riding animals or driving animal -drawn vehicles. 46.61.030 Persons working on highway right of way—Exceptions. 46.61.035 Authorized emergency vehicles. 46.61.050 Obedience to and required traffic control devices. 46.61.055 Traffic control signal legend. 46.61.060 Pedestrian control signals. 46.61.065 Flashing signals. 46.61.070 Lane—direction-control signals. 46.61.072 Special traffic control signals-- Ugend. 46.61.075 Display of unauthorized signs, signals, or markings. 46.61.080 Interference with official traffic -control devices or railroad sips or signals. 46.61.085 Traffic control signals or devices upon city stress forming part of state highways Approval by department of transportation. 46.61.100 Keep right except when passing, etc. 46.61.105 Passing vehicles proceeding in opposite directions. 46.61.110 Overtaking a vehicle on the left. (20] 46.61.115 When overtaking on the right is permitted. 46.61.120 Limitations an overtaking on the lett 46.61.125 Further limitations on driving to left of center of roadway. 46.61.130 No -passing zones. 46.61.135 One-way roadways and rotary traffic islands. 46.61.140 Driving on endways lamed for traffic 46.61.145 Following too closely. 46.61.150 Driving on divided highways. 46.61.155 Restricted access. 46.61.160 Restrictions on use of limited -access highway—Use by bicy- clists. 46.61.165 Reservation of portion of highway for use by public trans- portation vehicles, etc. 46.61.180 Vehicle approaching intersection. 46.61.185 Vehicle turning left 46.61.190 Vehicle entering stop or yield intersection. 46.61.195 Arterial highways designated–Stopping on entering. 46.61.200 Stop intersections oder than arterial may be designated. 46.61.202 Stopping when traffic obstructed. 46.61205 Vehicle entering highway from private rod or driveway. 46.61.210 Operation of vehicles on approach of authorized emergency vehicles. 46.61215 Highway construction and maintenance. 46.61.220 Transit vehicles. 46.61.230 Pedestrians subject to traffic regulations. 46.61.235 Stopping for pedestrians in crosswalks. 46.61.240 Crossing at other than crosswalks. 46.61.245 Drivers to exercise care. 46.61.250 Pedestrians on roadways. 46.61.255 Pedestrians soliciting rides or business. 46.61.260 Driving through safety zone prohibited. 46.61.261 Pedestrians' right of way on sidewalk 46.61264 Pedestrians yield to emergency vehicles. 46.61266 Pedestrians under the influence of alcohol or drugs. 46.61269 Passing beyond bridge or grade crossing barrier prohibited. 46.61290 Required position and method of turning at intersections. 46.61.295 'U' tums. 46.61300 Starting parked vehicle. 46.61305 Turning, stoppin& moving right or left–Signals required -- Improper use prohibited 46.61.310 Signals by hand and am or signal lamps. 46.61315 Method of giving hand and arm signals. 46.61.340 Obedience to sigma) indicating approach of train. 46.61345 All vehicles must stop at certain railroad grade crossings. 46.61350 Certain vehicles must stop at all railroad grade crossings— Exceptions. 46.61355 Moving heavy equipment at railroad grade crossings— Notice of intended crossing. 46.61365 Emerging from alley, driveway, or building. 46.61370 Overtaking or meeting school bus --Duties of bus driver. 46.61371 School bus stop sign violators—Identification by vehicle 46.61372 owner. School bus stop sign violators—Report by bus driver—Law enforcement investigation. 46.61375 Overtaking or meeting private crier bus—Duties of bus driver. 46.61380 Rules for design, marling, and mode of operating school buses. 46.61385 School patrol—Appointment Authority—Fnancc-- hsurance. 46.61.400 Basic rule and maximum limit. 46.61.415 When local authorities may alter maximum limits. 46.61.425 Minimum speed regulation—Passing slow moving vehicle. 46.61.427 Slow moving vehicle to pull off roadway. 46.61.428 Slow-moving vehicle permitted to drive on improved shoul- ders, when. 46.61.435 local authorities to provide 'atop• or "yield" signs at inter- sections with increased speed highways—De ignated as 46.61.440 arterials. Maximum speed limit when passing school or playground erosswal s—Feoalty, disposition of proceeds. 46.61A45 Due care required 46.61.450 Maximum sped, weight, or size in traversing bridges, ele- vated sanctums, tunnels, underpasses—posting limit. 46.61.455 Vehicles with solid or hollow cushion tires. 46.61.460 Special speed limitation on motor -driven cycle. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 46.61.465 Exceeding speed limit evidence of reckless driving. 46.61.720 Mopeds—Ssfery standards. 46.61.470 Speed traps defined, certain types permitted--Meuuced 46.61.730 Wheelehsir conveyances - courses, speed measuring devices, timing from aircraft. 46.61.750 Effect of n gulations—Penalty. 46.61.47S Charging violations of speed regulations. 46.61.755 Traffic laws apply to persons riding bicycles. 46.61300 Reckless driving—Penalty. 46.61.758 Hand signals. 46.61.502 Driving under the influence. 46.61.760 Riding on bicycles. 46.61.503 Driver under twenty-one consuming alcohol—Penalties. 46.61.765 Clinging to vehicles. 46.61304 Physical control of vehicle under the influence. 46.61.770 Riding on roadways and bicycle paths. 46.613054 Alcohol violator—Additional fee --Distribution. 46.61.775 Carrying articles. 46.61.5055 Alcohol violators—Penalty schedule. (Effective until Jaw- 46.61.780 Lamps and other equipment on bicycles. ary 1. 1998) 46.63.010 Legislative intent. 46.61.5055 AlcoholjolatorsJanuary —Penalty schedule. (Effective Janry 1, 46.63.020 Violations as traffic infractions—Exceptions. (Effective until January 1, 1998) 46.613057 Driver under twenty-one—Duties upon being stopped by 46.63.020 Violations as traffic infractions—Exceptions. (Effective 46.613058 law enforcement officer. Alcohol violators—Vehicle seizure and forfeiture. 46.63.030 January 1, 1998) Notice of traffic infraction—Issuance—Abandoned vehicles. 46.61306 Persons under influence of intoxicating liquor or drug— 46.63.040 jurisdiction of courts—jurisdiction of college and university Evidence—Tests—laformation concerning tests. governing bodies. 46.61317 Refusal of alcohol test Admissibility as evidence. 46.63.060 Notice of traffic infraction—Determination final unless 000- 46.61319 Alcoholic beverages—Drinidng or open container in vehicle on highway—Exceptions. 46.63.070 tested—Form. Response to notice --Contesting dderminstion—Hearing- 46.61.5191 46.61.5195 Local ordinances not prohibited. Disguising alcoholic beverage container. 46.63.080 Failure to respond or appeu. Hearings—Rules of pmxAum--Counsel 46.613249 Negligent driving—Fust degree. 46.63.090 Hearings ---Contesting determination that infraction commit - 46.61325 46.61327 Negligent driving—Second degree. Roadway construction zones. 46.63.100 ted—APPeal- Hearings—Explanation of mitigating circumstances. 46.61330 Racing of vehicles on highways—Reckless driving— 46.63.110 Monetary penalties. (Effective until January 1, 1998.) Exception- 46.63.110 Monetary penalties. (Effective January 1. 1998.) 46.61335 Advertising of unlawful speed attained—Rockless driving. 46.63.120 Order of court—Civil nature—Waiver, reductionsuspension 46.61.540 46.61360 'Drugs,' what included. Stopping, standing, or parking outside business or residence 46.63.130 of penahy--Community service. Issue of process by court of limited jurisdiction. districts. 46.63.140 Presumption regarding stopped, standing. or parked vehicles. 46.61370 Stopping, standing, or parking prohibited in specified plat- 46.63.151 46.64.010 Costs aid attorney fees. Traffic citations --Record of--Caneelladon prohibited --- es—Reserving portion of highway prohibited. 46.61-575 Additional parking regulations. Penalty- Citation audit. 46.61381 indication of parking space for disabled persons—Failure, 46.64.015 Citation and notice to appear in eomt—Issunua— Contents—Written promise.--Arrest--Detention.46.61382 parking by disabled persons. 46.64.025 Nonappearance after written promise—Notice to department. 46.61383 Special plate or card issued by another jurisdiction. 46.64.030 Procedure governing arrest and prosecution. 46.61385 Winter recreational parking areas—Special permit required. 46.64.035 Posting of security or bail by nomresident—Penalty. 46.61387 Winter recreational parking areas --Penalty. 46.64.048 Attempting, aiding, abetting. coercing, committing viola - 46.61390 Unattended motor vehicle—Removal from highway. tions, punishable. 46.61.600 Unattended motor vehicle. 46.64.050 General penalty. 46.61.605 46.61.606 Limitations on backing. Driving on sidewalk prohibited—Exception. 46.79.010 46.79.120 Definitions. Unlicensed hulk hauling or scrap processing—Penalty. 46.61.608 Operating motorcycles on roadways laned for traffic. 46.80.010 Definitions. 46.61.610 Riding on motorcycles. 46.80.060 License plates—Fee -Display 46.61.611 Motorcycles—Maximum height for handlebars. 47.36.005 Definitions. 46.61.612 Riding on motorcycles—Both feet not to be on same side. 47.36.060 Traffic devices on county roads and city streets. 46.61.614 Riding on motorcycles—Clinging to other vehicles. 47.36.110 Stop signs, 'Yield' signs --Duties of persons using highway. 46.61.615 Obstructions to driver's view or driving mechanism. 47.36.180 Forbidden devices—Penalty. 46.61.620 Opening and closing vehicle doors. 47.36200 Signs or flagmen at tboroughfare work sites - 46.61.625 Riding in trailers or towed vehicles. 47.36210 Signs or flagmen at thoroughfare work sites--Complianx 46.61.630 46.61.635 Coasting prohibited. Following firs apparatus prohibited. 4736.220 cojaned- Signs or flagmen at thoroughfare work sites—Drivm of 46.61.640 Crossing fire hose. vehicles engaged in work must obey signs Or flagmen. 46.61.645 Throwing dangerous materials on highway prohibited— 47.36230 Signs or flagman at thoroughfare work sites—Penalty. Remo, 47.52.0 10 'Limited access facility' defined. 46.61.655 Dropping load. other materials --Covering. 4732 011 'Existing highway" defined 46.61.660 Carrying persons or animals on outside part of vehicle. 4752.040 Design --Ingress and egress restricted --Closure of inter - 46.61.665 Embracing another while driving. setting roads. 46.61.670 Driving with wheels off roadway. 4752.110 Marking of facility with signs. 46.61.675 Causing or permitting vehicle to be unlawfully operated. 47.52.120 Violations specified—Exceptions—Penalty. 46.61.680 Lowering passenger motor vehicle below legal clearance-- 66.44.240 Drinking in public corrveyanoe--Penalty against cartier`-- Fsoepuco 46.61.685 Leaving children unattended in standing vehicle with motor 66.44250 Drinking in public cmveyance—Pemlty against uhdivid- running—.Penalty, ual—Restricted application. 46.61.687 Child passenger restraint requited- Couditnons— 70.84.020 -Dog guide" defined. Exceptions --Penalty for violation—Dismissal— 70.84.021 'Service animal' defined. Noncompliance not negligence. 70.84.040 Precautions for drivers of motor vehicles appmadit pedes - 46.61.688 Safety belts, use required--Penalties--Exemptions. man who is using a white cave, dog guide, or service 46.61.690 Violations relating to toll facilities. aminal 46.61.700 Parent or guardian shall not authorize or permit violation by 70.93.030 Definitions. a child or ward. 70.93.050 Enforcement of chapter. 46.61.710 Mopeds, electric assisted bicycles—G meral requirements 70.93.060 Littering prohibited—Penalties. and operation. 70.93.097 Transported waste must be covered or secured. 1211 STATUTES ADOPTED BY REFERENCE 16.24.065 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 16.24.065 Stock at large in restricted areas - Running at large on state or federal land. (1) No person owning or in control of any livestock shall willfully or negligently allow such livestock to run at large in any stock restricted area or to wander or stray upon the right-of-way of any public highway lying within a stock restricted area when not in the charge of some person. (2) Livestock may run at large upon lands belonging to the state of Washington or the United States only when the owner of the livestock has been granted grazing privileges in writing. [1989 c 286 § 9; 1985 c 415 § 20; 1937 c 40 § 6; RRS § 3070-3. Formerly RCW 1624.070, part.] Smrsibility-1989 a 286: See note following RCW 16.04.010. RCW 16.24.070 Stock on highway right -of -way - Limitations. It shall be unlawful for any person to herd or move any livestock over, along or across the right-of-way of any public highway, or portion thereof, within any stock restricted area, without having in attendance a sufficient number of persons to control the movement of such livestock and to warn or otherwise protect vehicles traveling upon such public highway from any danger by reason of such livestock being herded or moved thereon. [1989 c 286 § 10; 1937 c 189 § 127; RRS § 6360-127, part. Prior: 1927 c 309 § 41, part; RRS § 6362.41, part. FORMER PART OF SECTION: 1937 c 40 § 6; RRS § 3070-3, now codified as RCW 16.24.065. Formerly RCW 16.24.070 and 16.24.080.1 Severability -1989 c 286: See note following RCW 16.04.010. RCW 46.04.010 Scope and construction of terms. Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary. Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary. [1961 c 12 § 46.04.010. Prior. 1959 c 49 § 2; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, per.) RCW 46.04.015 Alcohol concentration. "Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of a person's breath, or (2) grams of alcohol per one hundred milliliters of a person's blood. [1995 c 332 § 17; 1994 c 275 § 1.1 Severability -Effective dates -1995 c 332: See notes following RCW 4620308. Short title -1994 c 275: "chis act shall be known as the "1994 Omnibus Drunk Driving Act -00 11994 c 275 § 43.1 Effective date, -1994 a 275: "ibis as shall take effect July 1. 1994." [1994 c 275 146.) RCW 46.04.020 Alley. "Alley" means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. [1961 c 12 § 46.04.020. Prior. 1959 c 49 § 3; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.030 Arterial highway. "Arterial high- way means every public highway, or portion thereof, designated as such by proper authority. [1961 c 12 § 46.04.030. Prior: 1959 c 49 § 4; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.040 Authorized emergency vehicle. "Authorized emergency vehicle" means any vehicle of any fin department, police department, sheriffs office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private, which need not be classified, registered or authorized by the state patrol, or any other vehicle authorized in writing by the state patrol. [1987 c 330 § 701; 1961 c 12 § 46.04.040. Prior•. 1959 c 49 § 5; 1953 c 40 § 1; prior. (i) 1943 c 153 § 1, part, 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] Construction -Application of mies-Severability-1987 c 330: See notes following RCW 28B.12.050. 1221 RCW 46.04.050 Auto stage. "Auto stage" means any motor vehicle used for the purpose of carrying passengers together with incidental baggage and freight or either, on a regular schedule of time and rates: PROVIDED, That no motor vehicle shall be considered to be an auto stage where substantially the entire route traveled by such vehicle is within the corporate limits of any city or town or the corporate limits of any adjoining cities or towns. [1961 c 12 § 46.04.050. Prior. 1959 c 49 § 6; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 1, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04.060 Axle. "Axle" means structure or structures in the same or approximately the same transverse plane with a vehicle supported by wheels and on which or with which such wheels revolve. [1961 c 12 § 46.04.060. Prior. 1959 c 49 § 7; prior. (i) 1943 c 153 § 1, park 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; RRS § 6313, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part] RCW 46.04.071 Bicycle. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter. [1982 c 55 § 4; 1965 ex.s. c 155 § 86.] RCW 46.04.080 Business district. "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there STATUTES ADOPTED BY REFERENCE IN THE WASK NGTON MODEL TRAFFIC ORDINANCE are buildings in use for business or industrial purposes, including but riot limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. [1975 c 62 § 2; 1961 c 12 § 46.04.080. Prior. 1959 c 49 § 9; prior. 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part] Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04.085 Camper. "Camper" means a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation or for tempo- rary outdoor or recreational lodging and which is five feet or more in overall length and five feet or more in height from its floor to its ceiling when fully extended, but shall not include motor homes as defined in RCW 46.04.305. [1971 ex.s. c 231 § 2.1 Effective date -1971 ex.s. c 231: See note following RCW 46.01.130. RCW 46.04.090 Cancel. "Cancel," in all its forms, means invalidation indefinitely. [1979 c 61 § 1; 1961 c 12 § 46.04.090. Prior. 1959 c 49 § 10; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04.100 Center line. "Center line" means the line, marked or unmarked, parallel to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by painted lines or markers. [1975 c 62 § 3; 1961 c 12 § 46.04.100. Prior. 1959 c 49 § 11; prior. 1937 c 189 § 1, part; RRS § 6360-1, part] Sevenbitity-197S c 62: See note following RCW 36.75.010. RCW 46.04.110 Center of intersection. "Center of intersection" means the point of intersection of the center lines of the roadway of intersecting public highways. [1961 c 12 § 46.04.110. Prior. 1959 c 49 § 12; prior. 1937 c 189 § i, part; RRS § 6360-1, part] RCW 46.04.115 Chauffeur. "Chauffeur" means a Person authorized by the department under this title to drive a limousine, and, if operating in a port district that regulates limousines under RCW 46.72A.030(2), meets the licensing requirements of that port district [1996 c 87 § 1.1 RCW 46.04.120 City street. "City street' means every public highway, or part thereof located within the limits of cities and towns, except alleys. [1961 c 12 § 46.04.120. Prior: 1959 c 49 § 13; prior. (1) 1943 c 153 § I. part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, Part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.125 Collector. "Collector" means the owner of one or more vehicles described in RCW 46.16.305(1) who collects, purchases, acquires, trades, or disposes of the vehicle or parts of it, for his or her personal 1231 46.04.080 use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes. [ 1996 c 225 12-1 Finding -1996 c 225: "The legislature finds and declares that constructive leisure pursuits by Washington dtlrnns Is most impostaoe This act is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and special interest, which hobby contributes to the enjoyment of the citizens and the preservation of Washington's automotive memorabilia" [1996 c 225 § 1.1 RCW 46.04.127 Collegiate license plates. "Colle- giate license plates" means license plates that display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016. [1994 c 194 § I.1 RCW 46.04.130 Combinatiott of vehicles. "Combi- nation of vehicles" means every combination of motor vehicle and motor vehicle, motor vehicle and trailer or motor vehicle and semitrailer. [1963 c 154 § 26; 1961 c 12 § 46.04.130. Prior. 1959 c 49 § 14; prior (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp- 1943 § 6312-1, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] Effective date -1963 a 154: See note following RCW 46.37.010. RCW 46.04.140 Commercial vehlcle. "Commercial vehicle' means any vehicle the principal use of which is the transportation of commodities, merchandise, Produce. freight, animals, or passengers for hire. [ 1961 c'12 § 46.04.140. Prior. 1959 c 49 § 15; prior. (1) 1943 l2 13 put Part -1937 1937 c 188 § 1, part; Rem. Supp. 1943 § C 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.150 County road. "County road" means every public highway or part thereof, outside the limits of cities and towns and which has not been designated as a state highway. [1961 c 12 § 46.04.150. Prior. 1959 c 49 § 16; prior. (1) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (tt) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.160 Crosswalk Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersec- tion area and a line ten feet therefrom, except a$ modified by a marked crosswalk. [1961 c 12 § 46.04.160. Prior. 1959 c 49 § 17; prior. 1937 c 189 § 1, per; RRS § 6360-1. parL 1 RCW 46.04.162 Department. The can "department, shall mean the department of licensing unless a different department is specified. [1979 c 158 § 126; 1975 c 25 § 4. Formerly RCW 46.04.690.1 RCW 46.04.163 Director. The term "director" shall mean the director of licensing unless the director of a different department of government is specified [1979 c 158 § 127; 1975 c 25 § 5. Formerly RCW 46.04.695.] 46.04.165 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.04.165 Driveaway-towaway operation. "Driveaway-towaway operation" means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported when one set or more wheels of any such vehicle are on the roadway during the course of transportation, whether or not any such vehicle furnishes the motive power. [1963 c 154 § 27.1 Effective date -1963 c 154: See note following RCW 4637.010. RCW 46.04.167 Driver education. Whenever the term "driver education" is used in the code, it shall be defined to mean "traffic safety education". [1969 ex.s. c 218 § 12. Formerly RCW 46.04.700.1 RCW 46.04.169 Electric -assisted bicycle. "Electric - assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric -assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour. [1997 c 328 § 1.] RCW 46.04.170 Explosives. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing or combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb. [1961 c 12 § 46.04.170. Prior: 1959 c 49 § 18; prior. 1937 c 189 § 1, part; RRS § 6360-1, part. Cf. 1951 c 102 § 3.] RCW 46.04.180 Farm tractor. "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. [1961 c 12 § 46.04.180. Prior. 1959 c 49 § 19; prior. (1) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04.181 Farm vehicle. "Farm vehicle" means any vehicle other than a farm tractor or farm implement which is designed and/or used primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment, implements, farm products, supplies and/or farm labor thereon and is only incidentally operated on or moved along public highways for the purpose of going from one farm to another. [1967 c 202 § 1.] RCW 46.04.182 Farmer. "Farmer" means any person, firm, partnership or corporation engaged in fanning. If a person, firm, partnership or corporation is engaged in activities in addition to that of farming, the definition shall only apply to that portion of the,activity that is defined as farming in RCW 46.04.183. [1969 ex.s. c 281 § 58.1 RCW 46.04.183 Farming. "Farming" means the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (except forestry or forestry operations), the raising of livestock, bees, fur -bearing animals, or poultry, and any practices performed on a farm as an incident to or in conjunction with such farming operations. [1969 ex s. c 281 § 59.] RCW 46.04.187 Flammable liquid. "Flammable liquid" means any liquid which has a flash point of 70° Fahrenheit, or less, as determined by a Tagliabue or equiva- lent closed cup test device. [1961 c 12 § 46.04.210. Prior. 1959 c 49 § 22; prior. 1937 c 189 § 1, part; RRS § 6360.1, part. Cf. 1951 c 102 § 3. Formerly RCW 46.04.210.] (241 RCW 46.04.190 For hire vehicle. "For hire vehicle' means any motor vehicle used for the transportation of persons for compensation, except auto stages and ride - sharing vehicles. [1979 c 111 § 13; 1961 c 12 § 46.04.190. Prior. 1959 c 49 § 20; prior. (i) 1943 c 153 § 1, pact; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] Severabilit3-1979 c 111: See note following RCW 46.74.010. Ride sharing: Chapter 46.74 RCW. RCW 46.04.194 Garbage truck. "Garbage truck" means a truck specially designed and used exclusively for garbage or refuse operations. [1983 c 68 § 1.1 RCW 46.04.197 Highway. Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. [1965 ex s. c 155 § 87. Formerly RCW 46.04.431.] RCW 46.04.200 Hours of darkness. "Hours of darkness" means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of five hundred feet. [1961 c 12 § 46.04.200. Prior: 1959 c 49 § 21; prior. 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04.215 Ignition interlock device—Other biological or technical device—Definitions. (Effective January 1, 1998.) "Ignition interlock device" means breath alcohol analyzing ignition equipment, certified by the state patrol, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and "other biological or technical device" means any device meeting the standards of the National Highway Tr prc im pr( an, 23 46.1 arc co. lat hid rig dif cot or: di% ref inti or i hig sha 12 §1 305 dor mo arc ma §4 par pas kit, carA (2) an refs Inc Cie 46. par ap act of STATUTES ADOPTED BY REFERENCE IN THE WASI[HNGTON MODEL TRAFFIC ORDINANCE Trac Safety Administration or the state patrol, designed to prevent the operation of a motor vehicle by a person who is imps by alcohol or drugs. The state patrol shall by rule provide standards for the certification, installation, repair, and removal of the devices. [1997 c 229 § 9; 1994 c 275 § 23; 1987 c 247 § 3. Formerly RCW 46.20.730.] Effective date -1997 c 229: See note following RCW 10.05.090. Shod tide—Effective date -1994 c 275: See notes following RCW 46.04.015. RCW 46.04.220 Intersection siva (1) "Intersection area" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none then the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict (2) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (3) The junction of an alley with a street or highway shall not constitute an intersection. [1975 c 62 § 4; 1961 c 12 § 46.04.220. Prior. 1959 c 49 § 23; prior. I937 c 189 11, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04.240 Intersection control area. "Intersec- tion control area" means intersection area, together with such modification of the adjacent roadway area as results from the arc of curb corners and together with any marked or un- marked crosswalks adjacent to the intersection. [1961 c 12 § 46.04.240. Prior. 1959 c 49 § 25; prior: 1937 c 189 § 1, part; RRS § 6360-1, Part.] RCW 46.04.251 Kit vehicle. "Kit vehicle" means a passenger car or light truck assembled from a manufactured kit, and is either (1) a complete kit consisting of a prefabri- cated body and chassis used to construct a new vehicle, or (2) a kit consisting of a prefabricated body to be mounted on an existing vehicle chassis and drive train, commonly referred to as a donor vehicle. [1996 c 225 § 5.1 Finding -19% c 225: See note following RCW 46.04.125. RCW 46.04.260 Laned highway. "L.aned highway" means a highway the roadway of which is divided into clearly marked lanes for vehicular traffic. [1961 c 12 § 46.04.260. Prior. 1959 c 49 § 27; prior. 1937 c 189 § 1, Part; RRS § 6360-1, part] RCW 46.04.270 Legal owner. "Legg owner' means a Person having a security interest in a vehicle perfected in accordance with chapter 46.12 RCW or the registered owner Of a vehicle unencumbered by a security interest or the [251 46.04.215 lessor of a vehicle unencumbered by a security interest. [1975 c 25 § 1; 1961 c 12 § 46.04.270. Prior. 1959 c 49 § 28; prior: 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.] RCW 46.04.274 Limousine, etc "Limousine" means a category of for hire, chauffeur -driven, unmetered, un- marked luxury motor vehicles that meets one of the follow- ing definitions: (1) "Stretch limousine" means an automobile with a seating capacity of not more than twelve passengers in the rear seating area. The wheelbase has been factory or otherwise altered beyond the original manufacturer's specifi- cations and meets standards of the United States department of transportation. The automobile is equipped with amenities in the rear seating area not normally found in passenger cars. These amenities may include, but are not limited to a television, musical sound system, telephone, ice storage, power -operated dividers, or additional interior lighting. The term "stretch limousine" excludes trucks, auto transportation companies, excursion buses, charter buses, minibuses, vehicles regulated under chapter 81.66 RCW, taxicabs, executive sedans, funeral home vehicles, station wagons, executive vans, vans, minivans, and courtesy vans. (2) "Executive sedan" means a four door sedan automo- bile having a seating capacity of not more than three passengers behind the driver and a minimum wheelbase of 1145 inches. An executive sedan is equipped with standard factory amenities, and the wheelbase may not be altered. The term "executive sedan" excludes trucks, auto transporta- tion companies, excursion buses, minibuses, charter buses, vehicles regulated under chapter 81.66 RCW, taxicabs, stretch limousines, funeral home vehicles, station wagons, executive vans, vans, minivans, and courtesy vans. (3) "Executive van" means a van, minivan, or minibus having a seating capacity of not less than seven passengers and not more than fourteen passengers behind the driver. The tam "executive van" excludes trucks, auto transportation companies, excursion buses, charter buses, vehicles regulated under chapter 81.66 RCW, taxicabs, stretch limousines, executive sedans, funeral home vehicles, station wagons, and courtesy vans. (4) "Classic car means a fine or distinctive, American or foreign automobile that is thirty years old or older. [1996 c87§2.] RCW 46.04.276 Limousine carrier. "Limousine carrier' means a person engaged in the transportation of a person or group of persons, who, under a single contract, acquires, on a prearranged basis, the use of a limousine to travel to a specified destination or for a particular itinerary. The term "prearranged basis" refers to the manner in which the carrier dispatches vehicles. [1996 c 87 § 3.] RCW 46.04.280 Local authorities. "Local authori- ties" includes every county, municipal, or other local public board or body having authority to adopt local police regula- tions under the Constitution and laws of this state. [1961 c 12 § 46.04.280. Prior. 1959 c 49 § 29; prior. (1) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § STATUTES ADOPTED BY REFERENCE 46.04.280 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, parr 1919 c 59 § 1, part; 1917 c 155 § 1, parr 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927. c 309 § 2, part; RRS § 6362-2, part.] RCW 46.04.290 Marked crosswalk. "Marked crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof. [1961 c 12 § 46.04.290. Prior: 1959 c 49 § 30; prior. 1937 c 189 § 1, part; RRS § 6360-1, per] RCW 46.04.300 Metal tire. "Metal tire" includes every tire, the bearing surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material. [1961 c 12 § 46.04.300. Prior. 1959 c 49 § 31; prior. (i) 1943 c 153 § 1, parr 1937 c 188 § 1, parr Rem. Supp. 1943 § 6312-1, part (ii) 1937 c 189 § 1, parr RRS § 6360-1, parr 1929 c 180 § 1, parr 1927 c 309 § 2, parr RRS § 6362-2, part] RCW 46.04.302 Mobile home, manufactured home. "Mobile home" or "manufactured home" means a structure, designed and constructed to be transportable in one or more sections, and is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must comply with the national mobile home construction and safety standards act of 1974 as adopted by chapter 43.22 RCW if applicable. Manufactured home does not include a modular home. A structure which met the definition of a "manufactured home" at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable. [1993 c 154 § 1. Prior: 1989 c 343 § 24; 1989 c 337 § l; 1977 ex.s. c 22 § 1; 1971 ex.s. c 231 § 4.] Severability -Effective date -1989 c 343: See RCW 6520.940 and 65.20.950. Severability -1977 exs c 22: "if any section or provision of this 1977 amendatory act, or its application to any person or circumstances is held invalid the remainder of the act, or the application of the section or provision to otba persons or ckcur stances is not affected." [1977 exs. c 22 4 10.1 Effective date -1971 ex.s. c 231: See note following RCW 46.01.130. RCW 46.04303 Modular home. "Modular home" means a factory -assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, does not contain its own running gear, and must be mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home. [1990 c 250 § 17; 1971 ex.s. c 231 § 5.] Severability -1990 c 250: See none following RCW 46.16301. Effective date -1971 ex.s. c 231: See note following RCW 46.01.130. 1261 RCW 46.04304 Moped. "Moped" means a motorized device designed to travel with not more than three sixteen - inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (devel- oped by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than thirty miles per hour on level ground. The Washington state patrol may approve of and define as a "moped" a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria. [1990 c 250 § 18; 1987 c 330 § 702; 1979 ex.s. c 213 § 1.1 Severability -1990 c 250: See note following RCW 46.16301. Construction -Application of rules -Severability -1987 a 330: See notes following RCW 28B.12.050. RCW 46.04.305 Motor homes. "Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habita- tion, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle. [1990 c 250 § 19; 1971 ex.s. c 231 § 3.] Severability -1990 c 250: See note following RCW 46.16.301. Effective date -1971 exs. c 231: See note following RCW 46.01.130. RCW 46.04310 Motor truck. "Motor truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals. [ 1961 c 12 § 46.04.310. Prior. 1959 c 49 § 32; prior. (i) 1943 c 153 § 1, parr 1937 c 188 § 1, parr Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, parr 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, parr RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part] RCW 46.04320 Motor vehicle. "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. [1961 c 12 § 46.04.320. Prior. 1959 c 49 § 33; 1955 c 384 § 10; prior. (1) 1943 c 153 § 1, part; 1937 c 188 § 1, parr Rem. Supp. 1943 § 6312-1, parr 1923 c 181 § 1, parr 1921 c 96 § 2, part; 1919 c 59 § 1, parr 1917 c 155 § 1, parr 1915 c 142 § 2, parr RRS § 6313, part (ti) 1937 c 189 § 1, part; RRS § 6360-1, parr 1929 c 180 § 1, parr 1927 c 309 § 2, parr RRS § 6362-2, part.] RCW 46.04330 Motorcycle. "Motorcycle" means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be c. s( b- b C, d it rt 1Z sr IE STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE steered with a handle bar, but excluding a farm tractor and a moped - The Washington state patrol may approve of and define as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific criteria. [1990 c 250 § 20; 1979 ex.s. c 213 § 2; 1961 c 12 § 46.04.330. Prior. 1959 c 49 § 34; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, pan; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, parr RRS § 6313, part. (ii) 1937 c 189 § 1, parr RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.) Severability -1990 c 250: See note following RCW 46.16.301. RCW 46.04332 Motor -driven cycle. "Motor -driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower (developed by a prune mover, as measured by a brake applied to the driving shaft). A motor -driven cycle does not include a moped. [1979 ex.s. c 213 § 3; 1963 c 154 § 28.1 Effective date --1963 c 154: See nae following RCW 4637.010. RCW 46.04340 Muffler. "Muffler" means a device consisting of a series of chambers, or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom. [1961 c 12 § 46.04.340. Prior. 1959 c 49 § 35; prior. 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04350 Multiple lane highway. "Multiple lane highway" means any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the same direction, each lane of which shall be not less than the maximum legal vehicle width and whether or not such lanes are marked. 11975 c 62 § 5; 1961 c 12 § 46.04.350. Prior: 1959 c 49 § 36; prior: 1937 c 189 § 1, part; RRS § 6360-1, pan.] Severability -1975 c 62: See we following RCW 36.75.010. RCW 46.04.355 Municipal transit vehicle. Munici- pal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which (1) is capable of being moved within, upon, above, or below a Public highway, (2) is owned or operated by a city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation within the state, and (3) is used for the purpose of carrying passengers together with incidental baggage and freight on a regular schedule. [1984 c 167 § 2; 1974 ex.s. c 76 § 4.] UnbW bus cwrducr: RCW 9.91.025. RCW 46.04.360 Nonresident "Nonresident" means any person whose residence is outside this state and who is temporarily sojourning within this state. [1961 c 12 § 46.04.360. Prior. 1959 c 49 § 37; prior. (1) 1943 c 153 § 1271 46.04330 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04370 Operator or driver. "Operator or driver" means every person who drives or is in actual physical control of a vehicle. [1975 c 62 § 6; 1967 c 32 § 1; 1961 c 12 § 46.04.370. Prior. 1959 c 49 § 38; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, parr Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04380 Owner. "Owner" means a person who has a lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner. [1975 c 25 § 2; 1961 c 12 § 46.04.380. Prior: 1959 c 49 § 39; prior. 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] RCW 46.04.381 Park or parking. "Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. [1975 c 62 § 9.] Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04.3815 Parts car. "Parts car" means a motor vehicle that is owned by a collector, to furnish parts for restoration or maintenance of a vehicle described in RCW 46.16.305(1), thus enabling a collector to preserve, restore, and maintain such a vehicle. [1996 c 225 § 3.] Finding -19% c 225: See note following RCW 46.04.125. RCW 46.04.382 Passenger car. "Passenger car" means every motor vehicle except motorcycles and motor - driven cycles, designed for carrying ten passengers or less and used for the transportation of persons. [1963 c 154 § 29.1 Effective date -1%3 c 154: See nae following RCW 4637.010. RCW 46.04391 Police officer. Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. [1965 ex s. c 155 § 89.] RCW 46.04.400 Pedestrian "Pedestrian" means any parson who is afoot or who is using a wheelchair or a means of conveyance propelled by human power other than a bicycle. [1990 c 241 § 1; 1961 c 12 § 46.04.400. Prior. 1959 c 49 § 41; prior. 1937 c 189 § 1, part; RRS § 6360-1, part-] RCW 46.04.405 Person. "Person" includes every natural person, firm, copartnership, corporation, association, STATUTES ADOPTED BY REFERENCE 46.04.405 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE or organization. [1961 c 12 § 46.04.405. Prior. 1959 c 49 § 42; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] RCW 46.04.408 Photograph, picture, negative. "Photograph," along with the terms "picture" and "negative;' means a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital data imaging. [1990 c 250 § 21.1 Severabli ty-1990 c 150: See note following RCW 46.16.301. RCW 46.04.410 Pneumatic tires. "Pneumatic tires" includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon. [1961 c 12 § 46.04.410. Prior. 1959 c 49 § 43; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] RCW 46.04.414 Pole trailer. "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, logs or structural members capable, generally, of sustaining them- selves as beams between the supporting connections. [1961 c 12 § 46.04.414. Prior. 1959 c 49 § 44; prior. 1951 c 56 § 1.] RCW 46.04A16 Private carrier bus. "Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more persons) used regularly to transport persons in further- ance of any organized agricultural, religious or charitable purpose. Such term does not include buses operated by common carriers under a franchise granted by any city or town or the Washington public utilities commission. [1970 ex.s. c 100 § 3.] RCW 46.04A20 Private road or driveway. "Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. [1961 c 12 § 46.04.420. Prior. 1959 c 49 § 45; prior. 1937 c 189 § 1. part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] RCW 46.04.435 Public stale. "Public scale" means every scale under public or private ownership which is certified as to its accuracy and which is available for public weighing. [1961 c 12 § 46.04.435. Prior. 1959 c 49 § 47.] RCW 46.04.440 Railroad. 'Railroad" means a carrier of persons or property upon vehicles, other than street cars, operated upon stationary rails, the route of which is princi- pally outside cities and towns. [1961 c 12 § 46.04.440. Prior. 1959 c 49 § 48; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04.450 Railroad sign or signal. "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. [1961 c 12 § 46.04.450. Prior. 1959 c 49 § 49; prior. 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.455 Reasonable grounds. "Reasonable grounds," when used in the context of a law enforcement officer's decision to make an arrest, means probable cause. [1995 c 332 § 19.] Sevembiiity-Effective dates -1995 a 332: See notes following RCW 4620.308. RCW 46.04.460 Registered owner. "Registered owner' means the person whose lawful right of possession of a vehicle has most recently been recorded with the department [1975 c 25 § 3; 1961 c 12 § 46.04.460. Prior: 1959 c 49 § 50; prior. 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part] [28] RCW 46.04.465 Rental car. (1) "Rental car" means a passenger car, as defined in RCW 46.04.382, that is used solely by a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than thirty consecutive days. (2) "Rental car" does not include: (a) Vehicles rented or loaned to customers by automo- tive repair businesses while the customer's vehicle is under repair; (b) Vehicles licensed and operated as taxicabs. [1992 c 194 § 1.] Effective dates -1992 c 194: See note following RCW 46.04.466. RCW 46.04.466 Rental car business. "Rental car business" means a person engaging within this state in the business of renting rental cars, as determined under rules of the department of licensing. [1992 c 194 § 5.1 Effective dates -1992 c 194: "(1) Sections I through 3 of this act am necessary for the imtraliate preservation of the public peace, bealth, or safetand y, or support of JuMain ne i pvawnwt acct its existing public instinniors. hall 1992. (2) Sections 4 through 13 of this act shall take effect January 1, 1993." [1992 c 194 § 14.1 Registration of rend car busbusser. RCW 4687.023. RCW 46.04.470 Residence district. "Residence district" means the territory contiguous to and including a public highway not comprising a business district, when the property on such public highway for a continuous distance of three hundred feet or more on either side thereof is in the main improved with residences or residences and buildings in use for business. [1961 c 12 § 46.04.470. Prior. 1959 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE c 49 § 51; prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part] RCW 46.04.480 Revoke. "Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue: PROVIDED, That under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, or 46.61.5055, and chapter 46.65 RCW the invalidation may last for a period other than one calendar year. [1995 c 332 § 10; 1994 c 275 § 38; 1988 c 148 § 8; 1985 c 407 § 1; 1983 c 165 § 14; 1983 c 165 § 13; 1979 c 62 § 7; 1961 c 12 § 46.04.480. Prior•. 1959 c 49 § 52; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] Severability -Effective dates -1995 c 332: See notes following RCW 4620.308. Short tide -Effective date -1994 c 275: See notes following RCW 46.04.015. legislative finding- Severability -1988 c 148: See notes following RCW 13.40.265. Effective data -1985 a 407: "Sections 2 and 4 of this act are necessary for the inunediaw preservation of the public peace, health, and safety, the support of the state government and its existing public institu- tions, and shall [alae effect July 1. 1985. The rernainder of the act shall take effect January 1. 1986." [1985 c 407 § 8.] Legislative finding, Intent -Effective dates--Severability-1983 c 165: See notes following RCW 4620308. Severability -1979 c 62: See note following RCW 46.65.020. RCW 46.04.490 Road tractor. "Road tractor" includes every motor vehicle designed and used primarily as a road building vehicle in drawing road building machinery and devices. [1961 c 12 § 46.04.490. Prior. 1959 c 49 § 53; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (h]) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04500 Roadway. "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term "roadway" shall refer to any such roadway separately but shall not refer to all such roadways collectively. [1977 c 24 § 1; 1961 c 12 § 46.04.500. Prior. 1959 c 49 § 54; prior. r) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.510 Safety zone. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible. 11961 c 12 § 46.04510. Prior. 1959 c 49 § 55; prior. 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04521 School bus. School bus means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is 46.04.470 subject to the requirements set forth in the most recent edition of "Specifications for School Buses" published by the state superintendent of public instruction, but does not include buses operated by common carriers in urban trans- portation of school children or private carrier buses operated as school buses in the transportation of children to and from private schools or school activities. [1995 c 141 § 1; 1965 ex.s. c 155 § 90.1 RCW 46.04530 Semitrailer. "Semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle, or truck tractor. [1979 ex.s. c 149 § 1; 1961 c.12 § 46.04.530. Prior. 1959 c 49 § 57; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] 1291 RCW 46.04540 Sidewalk. "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. [1961 c 12 § 46.04.540. Prior. 1959 c 49 § 58; prior. 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.550 Solid tire. "Solid tire" includes every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load thereon. [1961 c 12 § 46.04550. Prior. 1959 a 49 § 59; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] RCW 46.04552 Special mobile equipment "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck -tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifrers, earth moving carry -ails and scrapers, power shovels and draglines, and self-propelled cranes and earth moving equipment The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached. [1973 1st ex.s. c 17 § 1; 1972 ex.s. c 5 § 1; 1963 c 154 § 30.] Effective date -1963 c 154: See note following RCW 4637.010. RCW 46.04.555 Stand or standing. "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and STATUTES ADOPTED BY REFERENCE 46.04555 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE while actually engaged in receiving or discharging passen- gers. [1975 c 62 § 10.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04.560 State highway. "State highway" includes every highway or part thereof, which has been designated as a state highway or branch thereof, by legisla- tive enactment [1975 c 62 § 7; 1961 c 12 § 46.04.560. Prior. 1959 c 49 § 60; prior. 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] Severability -1975 a 62: See note following RCW 36.75.010. RCW 46.04565 Stop. "Stop" when required means complete cessation from movement [1975 c 62 § 11.] Sevetabilit.r-1975 c 62: See note following RCW 36.75.010. RCW 46.04.566 Stop or stopping. "Stop or stop- ping" when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. [1975 c 62 § 12.] Severabillty-1975 c 62: See note following RCW 36.75.010. RCW 46.04.570 Street car. "Street car" means a vehicle other than a train for transporting persons or property and operated upon stationary rails principally within cities and towns. [1961 c 12 § 46.04.570. Prior. 1959 c 49 § 61; prior. (1) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part] RCW 46.04.571 Street rod vehicle. "Street rod vehicle" is a motor vehicle, other than a motorcycle, that meets the following conditions: (1) The vehicle was manufactured before 1949, or the vehicle has been assembled or reconstructed using major component parts of a motor vehicle manufactured before 1949; and (2) The vehicle has been modified in its body style or design through the use of nonoriginal or reproduction components, such as frame, engine, drive train, suspension, or brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use. [1996 c 225 § 4.] Flaming -19% c 225: See note following RCW 46.04.125. RCW 46.04580 Suspend. "Suspend," in all its forms and unless a different period is specified, means invalidation for any period less than one calendar year and thereafter until reinstatement [1994 c 275 § 28; 1990 c 250 § 22; 1%1 c 12 § 46.04.580. Prior. 1959 c 49 § 62; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.) Short titk--Weetive date -1994 c 275: See notes following RCW 46.04.015. SevembNty-1990 c 250: See note following RCW 46.16301. [301 RCW 46.04582 Tandem axle. "Tandem axle" means any two or more consecutive axles whose centers are less than seven feet apart [1988 c 6 § 1; 1979 ex.s. c 149 § 2.] RCW 46.04.585 Temporarily sojourning. "Tempo- rarily sojourning," as the term is used in chapter 46.04 RCW, shall be construed to include any nonresident who is within this state for a period of not to exceed six months in any one year. [1961 c 12 § 46.04.585. Prior. 1959 c 49 § 63; prior: 1955 c 89 § 6.] RCW 46.04590 Traffic "Traffic" includes pedestri- ans, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together, while using any public highways for purposes of travel. [1961 c 12 § 46.04.590. Prior. 1959 c 49 § 64; prior. () 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.600 Traffic control signal. "Traffic control signal" means any traffic device, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled. [1961 c 12 § 46.04.600. Prior. 1959 c 49 § 65; prior. 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.611 Traffic -control devices. Official traffic -control devices means all signs, signals, markings and devices not inconsistent with Title 46 RCW placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. [1965 ex.s. c 155 § 88.] RCW 46.04.620 Trailer. "Trailer" includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle, or any portion thereof. [1974 ex.s. c 76 § 3; 1961 c 12 § 46.04.620. Prior. 1959 c 49 § 67; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c % § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, parr RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part] RCW 46.04.622 Park trailer. "Park trailer" or "park model trailer" means a travel trailer designed to be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. The trailer's gross area shall not exceed four hundred square feet when in the setup mode. "Park trailer" excludes a mobile home. [1989 c 337 § 2•] RCW 46.04.623 Travel trailer. "Travel trailer" means a trailer built on a single chassis transportable upon the public streets and highways that is designed to be used as a temporary dwelling without a permanent foundation and 1 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE may be used without being connected to utilities. [1989 c 337 § 3.] RCW 46.04.630 Train. "Train" means a vehicle propelled by steam, electricity, or other motive power with or without cars coupled thereto, operated upon stationary rails, except street cars. [1961 c 12 § 46.04.630. Prior: 1959 c 49 § 68; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.640 Trolley vehicle. "Trolley vehicle" means a vehicle the motive power for which is supplied by means of a trolley line and which may or may not be confined in its operation to a certain portion of the roadway in order to maintain trolley line contact. [1961 c 12 § 46.04.640. Prior. 1959 c 49 § 69; prior. Ci) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.650 Tractor. "Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to cant' a load other than a part of the weight of the vehicle and load so drawn. [1986 c 18 § 1; 1975 c 62 § 8; 1961 c 12 § 46.04.650. Prior: 1959 c 49 § 70; prior. (1) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] Effective date -1986 c 18: See RCW 46.87.901. Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04.653 Truck. "truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property. [1986 c 18 § 2.1 Effective date --1986 c 18: See RCW 46.87.901. RCW 46.04.655 Truck tractor. "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn. [1986 c 18 § 3.] Effective date -1986 c 18: See RCW 46.87.901. RCW 46.04.660 Used vehicle. "Used vehicle" means a vehicle which has been sold, bargained, exchanged, given away, or title transferred from the person who first took title to it from the manufacturer or first importer, dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly known as "second-hand" within the ordinary meaning thereof. [1961 c 12 § 46.04.660. Prior. 1959 c 49 § 71; prior. (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.] RCW 46.04.670 Vehicle. "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than [311 46.04.623 bicycles moved by human or animal power or used exclu- sively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW. [1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c 213 § 4; 1961 c 12 § 46.04.670. Prior: 1959 c 49 § 72; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] Mopeds helmet required. RCW 46.37.530, 46.37.535. motorcycle endorsement, exemption: RCW 46.20.500. operation and safety standards: RCW 46.61.710, 46.61.720. registration: RCW 46.16630. RCW 46.04.672 Vehicle or pedestrian right of way. "Vehicle or pedestrian right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. [1975 c 62 § 13.] Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.04.710 Wheelchair conveyance. "Wheel- chair conveyance" means any vehicle specially manufactured or designed for the transportation of a physically or medical- ly impaired wheelchair-bound person. The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a speed range established by the state patrol. The state patrol may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria. [1987 c 330 § 703; 1983 c 200 § 1.] Construction—Application of rules--Severability-1987 c 330: See notes following RCW 288.12.050. Severability -1983 a 200: 'if any provision of this act or its application to any person or circumstance is held invalid, the remainder of the as or the application of the provision to other persons or circumstances is not affected.' [1983 a 200 § 7.] Wheelchair conveyances licensing: RCW 46.16640. operator's license: RCW 46.20.550. public roadways, operating an: RCW 4661.730. safety standards: RCW 4637.610. RCW 46.09.020 Definitions. As used in this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates: "Person" means any individual, firm, partnership, association, or corporation. "Nonhighway vehicle" means any motorized vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-country travel on any one of the following or a combination thereof: Land, water, snow, ice, ". STATUTES ADOPTED BY REFERENCE 46.09.020 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE marsh, swampland, and other natural terrain. Such vehicles include but are not limited to, off-road vehicles, two, three, or four-wheel vehicles, motorcycles, four-wheel drive vehicles, dune buggies, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land trans- portation deriving motive power from any source other than muscle or wind. Nonhighway vehicle does not include: (1) Any vehicle designed primarily for travel on, over, or in the water, (2) Snowmobiles or any military vehicles; or (3) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under chapter 82.36 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles. "Off-road vehicle" or "ORV" means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following or a combination thereof. Land, water, snow, ice, marsh, swampland and other natural terrain. "ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter. "ORV trail" means a multiple -use corridor designated and maintained for recreational travel by off-road vehicles that is not normally suitable for travel by conventional two - wheel drive vehicles and is posted or designated by the managing authority of the, property that the trail traverses as permitting ORV travel. "ORV use area" means the entire area of a parcel of land except for camping and approved buffer areas that is posted or designated for ORV use in accordance with rules adopted by the managing authority. "ORV recreation facility" includes ORV trails and ORV use areas. "Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof. "Operator" means each person who operates, or is in physical control of, any nonhighway vehicle. "Dealer" means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state. "Department" means the department of licensing. "Hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or wild bird. "Northighway road" means any road owned or managed by a public agency, or any private road for which the owner has granted a permanent easement for public use of the road, other than a highway generally capable of travel by a conventional two -wheel drive passenger automobile during most of the year and in use by such vehicles and that is not built or maintained with appropriations from the motor vehicle fund. "Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right. "Organized competitive event" means any competition, advertised in advance through written notice to organized [321 clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place. [1986 c 206 § 1; 1979 c 158 § 129; 1977 ex.s. c 220 § 1; 1972 exs. c 153 § 3; 1971 ex.s. c 47 § 7.1 Effective date. --IM a 206: "This act shall take effect on June 30, 1986.' [1986 c 206 f 17J Purpose --1972 exs. a 153: See RCW 6732.080. RCW 46.09.040 Use permit prerequisite to opera- tion. Except as provided in this chapter, no person shall operate any off-road vehicle within this state after January 1, 1978, unless the off-road vehicle has been assigned an ORV use permit and displays a current ORV tag in accordance with the provisions of this chapter: PROVIDED, That registration and display of an unexpired ATV use permit shall be deemed to have complied with this section. [1977 ex.s. c 220 § 3; 1972 ex.s. c 153 § 5; 1971 ex.s. c 47 § 9.] Purpose -1972 exs. c 153: See RCW 67.32.080. RCW 46.09.120 Operating violations. (1) It is a traffic infraction for any person to operate any nonhighway vehicle: (a) In such a manner as to endanger the property of another, (b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership; (c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership; (d) Without a spark arrester approved by the department of natural resources; (e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test proce- dure J 331a, except that a maximum noise level of one hundred and five decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured: (i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet; (ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and . (iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle; (f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE slope of any nonhighway road or highway, or upon the median of any divided highway; (g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation; (h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail which is restricted to pedestrian or animal travel; and (i) On any public lands in violation of rules and regulations of the agency administering such lands. (2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance. [1979 ex.s. c 136 § 41; 1977 exs. c 220 § 10; 1972 ex.s. c 153 § 12; 1971 ex.s. c 47 § 17.] Rules of cow* Bail in criminal troffc offense cases—Mandatory appear- ance—CrPU 3.2. Effective daft—Severability-1979 exs. c 136: See notes following RCW 46.63.010. Purpose --1972 exs c 153: See RCW 67.32.080. RCW 46.09.130 Additional violations—Penalty. No person may operate a nonhighway vehicle in such a way as to endanger human life. No person shall operate a nonhighway vehicle in such a way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any nonhighway vehicle except by permit issued by the director of fish and wildlife under RCW 77.32.237: PROVIDED, That it shall not be unlawful to carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and conditions of chapter 9.41 RCW. Violation of this section is a gross misdemeanor. [ 1994 c 264 § 35; 1989 c 297 § 3; 1986 c 206 § 7; 1977 ex.s. c 220 § 11; 1971 ex.s. c 47 § 18.] Rules of court: Ball in criminal traffic offense cases—Mandatory appear- ance—CrRU 3.2. Effective date -1986 c 206: See note following RCW 46.09.020. RCW 46.09.140 Accident reports. The operator of any nonhighway vehicle involved in any accident resulting in injury to or death of any person, or property damage to another to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with chapter 4652 RCW, or a person acting for the operator shall submit such reports as are required under chapter 46.52 RCW, and the Provisions of chapter 4652 RCW applies to the reports when submitted. [1990 c 250 § 25; 1977 ex.s. c 220 § 12; 1971 ex.s. c 47 § 19.] Severability -1990 a 250: See note following RCW 46.16301. RCW 46.09.180 Regulation by local political subdivisions or state agencies. Notwithstanding any of the Provisions of this chapter, any city, county, or other political subdivision of this state, or any state agency, may regulate the operation of nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on 1331 46.09.120 streets or highways within its boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not less stringent than the provisions of this chapter. [1977 ex.s. c 220 § 15; 1971 exs. c 47 § 23.] RCW 46.09.190 General penalty—Civil liability. (1) Except as provided in RCW 46.09.120(2) and 46.09.130 as now or hereafter amended, violation of the provisions of this chapter is a traffic infraction for which a penalty of not less than twenty-five dollars may be imposed. (2) In addition to the penalties provided in subsection (1) of this section, the owner and/or the operator of any nonhighway vehicle shall be liable for any damage to property including damage to trees, shrubs, or growing crops injured as the result of travel by the nonhighway vehicle. The owner of such property may recover from the person responsible three times the amount of damage. [1979 ex.s. c 136 § 42, 1977 ex.s. c 220 § 16; 1972 ex.s. c 153 § 16; 1971 ex.s. c 47 § 24.] Rules of court: Monetary penatry scluduk-1TIR 6.2. Effective date—Severability-1979 exs c 136: See notes following RCW 46.63.010. Purpose -1972 exs a 153: See RCW 67.32.080. RCW 46.10.010 Definitions. As used in this chapter the words and phrases in this section shall have the designat- ed meanings unless a different meaning is expressly provided or the context otherwise clearly indicated. (1) "Person" shall mean any individual, firm, partner- ship, association, or corporation. (2) "Snowmobile" shall mean any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to the motor vehicle excise tax in the state of Washington. (3) "All terrain vehicle" shall mean any self-propelled vehicle other than a snowmobile, capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including, but not limited to, four-wheel vehicles, amphibious vehicles, ground effect or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles. (4) "Owner" shall mean the person, other than a lienholder, having the property in or title to a snowmobile or all terrain vehicle, and entitled to the use or possession thereof. (5) "Operator" means each person who operates, or is in physical control of, any snowmobile or all terrain vehicle. (6) "Public roadway" shall mean the entire width of the right of way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a STATUTES ADOPTED BY REFERENCE 46.10.010 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE matter of right to the general public for ordinary vehicular traffic. (7) "Highways" shall mean the entire width of the right of way of all primary and secondary state highways, includ- ing all portions of the interstate highway system. (8) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling snowmobiles or all terrain vehicles at wholesale or retail in this state. (9) "Department" shall mean the department of licens- ing. (10) "Director" shall mean the director of the depart- ment of licensing. (11) "Commission" shall mean the Washington state parks and recreation commission. (12) "Hunt" shall mean any effort to kill, injure, capture, or disturb a wild animal or wild bird. (13) "Committee" means the Washington state parks and recreation commission snowmobile advisory committee. [1979 ex.s. c 182 § 1; 1979 c 158 § 131; 1971 ex.s. c 29 § 1.] RCW 46.10.020 Ownership, transport, or operation of snowmobile without registration prohibited. (1) Except as provided in this chapter, no person shall own, transport, or operate any snowmobile within this state unless such snowmobile has been registered in accordance with the provisions of this chapter. (2) A registration number shall be assigned, without payment of a fee, to snowmobiles owned by the state of Washington or its political subdivisions, and the assigned registration number shall be displayed upon each snowmo- bile in such manner as provided by rules adopted by the department. [1982 c 17 § 1; 1979 ex.s. c 182 § 3; 1971 ex.s. c 29 § 2.] RCW 46.10.090 Operating violations. (1) It is a traffic infraction for any person to operate any snowmobile: (a) At a rate of speed greater than reasonable and prudent under the existing conditions. (b) In a manner so as to endanger the property of another. (c) Without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others. (d) Without an adequate braking device which may be operated either by hand or foot. (e) Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive or unusual noise, and, (J) on snowmobiles manufactured on or before January 4, 1973, which shall effectively limit such noise at a level of eighty-six decibels, or below, on the "A" scale at fifty feet, and (H) on snowmobiles manufactured after January 4, 1973, which shall effectively limit such noise at a level of eighty- two decibels, or below, on the "A" scale at fifty feet, and (iii) on snowmobiles manufactured after January 1, 1975, which shall effectively limit such noise at a level of seventy- eight decibels, or below, as measured on the "A" scale at a distance of fifty feet, under testing procedures as established by the department of ecology; except snowmobiles used in organized racing events in an area designated for that purpose may use a bypass or cutout device. This section shall not affect the power of the department of ecology to adopt noise performance standards for snowmobiles. Noise performance standards adopted or to be adopted by the department of ecology shall be in addition to the standards contained in this section, but the department's standards shall supersede this section to the extent of any inconsistency. (f) Upon the paved portion or upon the shoulder or inside bank or slope of any public roadway or highway, or upon the median of any divided highway, except as provided in RCW 46.10.100 and 46.10.110. (g) In any area or in such a manner so as to expose the underlying soil or vegetation, or to injure, damage, or destroy trees or growing crops. (h) Without a current registration decal affixed thereon, if not exempted under RCW 46.10.030 as now or hereafter amended. (2) It is a misdemeanor for any person to operate any snowmobile so as to endanger the person of another or while under the influence of intoxicating liquor or narcotics or habit-forming drugs. [1980 c 148 § 1. Prior: 1979 ex.s. c 182 § 10; 1979 ex.s. c 136 § 43; 1975 1st ex.s. c 181 § 5; 1971 exs. c 29 § 9.] Rules of court: Bail in criminal traffic offense cases—Mandatory appear- ance—CrRLJ 3.2. Effective date -1980 c 148: 'Sections 1 through 7 of this 1980 as shall take effect January 1, 1981. Section 8 of this 1980 act is neoessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its atisting institutions, and shall take effect immediately.' [1980 c 148 1 9.1 Effective date—SevembIDty6-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.10.100 Crossing public roadways and highways lawful, when. It shall be lawful to drive or operate a snowmobile across public roadways and highways other than limited access highways when: The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing, and The snowmobile is brought to a complete stop before entering the public roadway or highway; and The operator of the snowmobile yields the right of way to motor vehicles using the public roadway or highway; and The crossing is made at a place which is greater than one hundred feet from any public roadway or highway intersection. [1971 ex.s. c 29 § 10.] RCW 46.10.110 Operating upon public road or highway lawful, when. Notwithstanding the provisions of RCW 46.10.100, it shall be lawful to operate a snowmobile upon a public roadway or highway: Where such roadway or highway is completely covered with snow or ice and has been closed by the responsible governing body to motor vehicle traffic during the winter months; or When the responsible governing body gives notice that such roadway or highway is open to snowmobiles or all - terrain vehicle use; or 'r 1341 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE In an emergency during the period of time when and at locations where snow upon the roadway or highway renders such impassible to travel by automobile; or When traveling along a designated snowmobile trail. 11972 ex.s. c 153 § 23; 1971 ex.s. c 29 § 11.1 Purpose -1972 exs c 153: See RCW 6732.080. RCW 46.10.120 Restrictions on age of operators— Qualifications. No person under twelve years of age shall operate a snowmobile on or across a public roadway or highway in this state, and no person between the ages of twelve and sixteen years of age shall operate a snowmobile on or across a public road or highway in this state unless he has taken a snowmobile safety education course and been certified as qualified to operate a snowmobile by an instruc- tor designated by the commission as qualified to conduct such a course and issue such a certificate, and he has on his person at the time he is operating a snowmobile evidence of such certification: PROVIDED, That persons under sixteen years of age who have not been certified as qualified snowmobile operators may operate a snowmobile under the direct supervision of a qualified snowmobile operator. [1972 exs. c 153 § 24; 1971 exs. c 29 § 12.] Purpose -1972 exs a 153: See RCW 6732.080. RCW 46.10.130 Additional violations—Penalty. No person shall operate a snowmobile in such a way as to endanger human life. No person shall operate a snowmobile in such a way as to run down or harass deer, elk, or any wildlife, or any domestic animal, nor shall any person carry any loaded weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW 77.32.237. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. [1994 c 264 § 37; 1989 c 297 § 4; 1979 ex.s. c 182 § 11; 1971 exs. c 29 § 13.1 Rales of court, Bail in criminal traffic offense cases—Mandatory appear- ance—CrR1J 3.2. RCW 46.10.140 Accident reports. The operator of any snowmobile involved in any accident resulting in injury to or death of any person, or property damage to an apparent extent equal to or greater than the minimum amount estab- lished by rule adopted by the Washington state patrol in accordance with chapter 4652 RCW, or a person acting for the operator, or the owner of the snowmobile having knowledge of the accident, if the operator of the snowmobile is unknown, shall submit such reports as are required under chapter 46.52 RCW, and the provisions of chapter 46.52 RCW applies to the reports when submitted. [1990 c 250 § 27; 1971 ex.s. c 29 § 14.] Severability -1990 c 250: See note following RCW 46.16.301. RCW 46.10.190 Violations as traffic infractions— Exceptions—Civil liability. (1) Except as provided in RCW 46.10.090(2), 46.10.055, and 46.10.130, any violation Llhrovisions of thihatitraffic infraction: g to display a valid on decal under RCW 46.10.090 as now or hereafter amended shall be a fine of forty dollars and such fine shall [351 46.10.110 be remitted to the general fund of the governmental unit, which personnel issued the citation, for expenditure solely for snowmobile law enforcement. (2) In addition to the penalties provided in RCW 46.10.090 and subsection (1) of this section, the operator and/or the owner of any snowmobile used with the permis- sion of the owner shall be liable for three times the amount of any damage to trees, shrubs, growing crops, or other property injured as the result of travel by such snowmobile over the property involved. [1982 c 17 § 8; 1980 c 148 § 2. Prior. 1979 exs. c 182 § 14; 1979 ex.s. c 136 § 44; 1975 1st exs. c 181 § 6; 1971 exs. c 29 § 19.] Rales of court.- Monetary penalty scheduk—JT1R 6.2. Effective date -1980 c 148: See note following RCW 46.10.090. Effective date—Severability-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.12.005 Definitions. The definitions set forth in this section apply throughout this chapter. (1) The words "delivery," "notice," "send," and "security interest" have the same meaning as these terms are defined in RCW 62A.1-201; the word "secured party" has the same meaning as this term is defined in RCW 62A.9-105. (2) "Salvage vehicle" means a vehicle whose certificate of ownership has been surrendered to the department under RCW 46.12.070 due to the vehicle's destruction or declara- tion as a total loss or for which there is documentation indicating that the vehicle has been declared salvage or his been damaged to the extent that the owner, an insurer, or other person acting on behalf of the owner, has determined that the cost of pato and labor plus the salvage value has made it uneconomical to repair the vehicle. The term does not include a motor vehicle having a model year designation of a calendar year that is at least six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged. [1996 c 26 § 1; 1967 c 140 § 5.1 Effective date -1967 a 140: See note following RCW 46.12.010. RCW 46.12.070 Destruction of vehicle—Surrender of certificates, penalty—Notice of settlement by insurance company. Upon the destruction of any vehicle issued a certificate of ownership under this chapter or a license registration under chapter 46.16 RCW, the registered owner and the legal owner shall forthwith and within fifteen days thereafter forward and surrender the certificate to the department, together with a statement of the reason for the surrender and the date and place of destruction Failure to notify the department or the possession by any person of any such certificate for a vehicle so destroyed, after fifteen days following its destruction, is prima facie evidence of violation of the provisions of this chapter and constitutes a gross misdemeanor. Any insurance company settling an insurance claim on a vehicle that has been issued a certificate of ownership under this chapter or a certificate of license registration under chapter 46.16 RCW as a total loss, less salvage value, shall notify the department thereof within fifteen days after the settlement of the claim. Notification shall be provided regardless of where or in what jurisdiction the total loss occurred. [1990 c 250 § 28; 1961 c 12 § 46.12.070. Prior. STATUTES ADOPTED BY REFERENCE 46.12.070 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 1959 c 166 § 4; prior: 1947 c 164 § 3(b); 1939 c 182 § i(b); 1937 c 188 § 5(b); Rem. Supp. 1947 § 6312-5(b).] Severability -1990 c 250: See note following RCW 46.16.301. RCW 46.12.080 Procedure on installation of different motor—Penalty. Any person holding the certifi- cate of ownership for a motorcycle or any vehicle registered by its motor number in which there has been installed a new or different motor than that with which it was issued certificates of ownership and license registration shall forthwith and within five days after such installation forward and surrender such certificates to the department, together with an application for issue of corrected certificates of ownership and license registration and a fee of one dollar and twenty-five cents, and a statement of the disposition of the former motor. The possession by any person of any such certificates for such vehicle in which a new or different motor has been installed, after five days following such installation, shall be prima facie evidence of a violation of the provisions of this chapter and shall constitute a misde- meanor. [1997 c 241 § 4; 1979 ex.s. c 113 § 1; 1961 c 12 § 46.12.080. Prior. 1959 c 166 § 5; prior. 1951 c 269 § 3; 1947 c 164 § 3(c); 1939 c 182 § 1(c); 1937 c 188 § 5(c); Rem. Supp. 1947 § 6312-5(c).] RCW 46.12.101 Transfer of ownership, how perfected—Penalty, exceptions. A transfer of ownership in a motor vehicle is perfected by compliance with the require- ments of this section. (1) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. Within five days, excluding Saturdays, Sundays, and state and federal holidays, the owner shall notify the department in writing, on the appro- priate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, and such descnl>- tion of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in the appropriate form provided for that purpose by the department. (2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser. (3) Except as provided in *RCW 46.12.120 the transfer- ee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the depart- ment. (4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, [361 either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compli- ance with this section does not affect the rights of the secured party. (5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provi- sions of RCW 46.12.170. (6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by: (a) The department requesting additional supporting documents; (b) Extended hospitalization or illness of the purchaser, (c) Failure of a legal owner to release his or her interest; (d) Failure, negligence, or nonperformance of the department, auditor, or subagent. Failure or neglect to make application to transfer the certificate of ownership and license registration within forty- five days after the date of delivery of the vehicle is a misdemeanor. (7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer, to be deposited in the motor vehicle fund. (8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place. [1991 c 339 § 19; 1990 c 238 § 4; 1987 c 127 § 1; 1984 c 39 § 1; 1972 ex.s. c 99 § 1; 1969 ex.s. c 281 § 38; 1969 ex.s. c 42 § 1; 1967 c 140 § 7.] $Revisces note: RCW 46.12.120 was modified as RCW 46.70.122 pursuant to 1993 c 307 § 18. Effective date, Implementation -1990 c 238: See note following RCW 46.12.030. Effective date -1967 c 140: See note following RCW 46.12.010. Defwidons: RCW 4612.005. RCW 46.12.102 Release of owner from liability, requirements for. An owner who has made a bona fide STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE sale or transfer of a vehicle and has delivered possession of it to a purchaser shall not by reason of any of the provisions of this title be deemed the owner of the vehicle so as to be subject to civil liability or criminal liability for the operation of the vehicle thereafter by another person when the owner has also fulfilled both of the following requirements: (1) When he has made proper endorsement and delivery of the certificate of ownership and has delivered the certifi- cate of registration as provided in this chapter, (2) When he has delivered to the department either the notice as provided in RCW 46.12.101 (1) or appropriate documents for registration of the vehicle pursuant to the sale or transfer. [1984 c 39 § 2.] RCW 46.12.160 Refusal or cancellation of certifi- cate—Notice—Penalty for subsequent operation. If the department determines at any time that an applicant for certificate of ownership or for a certificate of license registration for a vehicle is not entitled thereto, the depart- ment may refuse to issue such certificate or to license the vehicle and may, for like reason, after notice, and in the exercise of discretion, cancel license registration already acquired or any outstanding certificate of ownership. Notice of cancellation may be accomplished by sending a notice by first class mail using the last known address in department records for the registered or legal vehicle owner or owners, and recording the transmittal on an affidavit of first class mail. It shall then be unlawful for any person to remove, drive, or operate the vehicle until a proper certificate of ownership or license registration has been issued, and any person removing, driving, or operating such vehicle after the refusal of the department to issue certificates or the revoca- tion thereof shall be guilty of a gross misdemeanor. [1994 c 262 § 5; 1975 c 25 § 12; 1961 c 12 § 46.12.160. Prior. 1959 c 166 § 14; prior. 1947 c 164 § 4(g); 1937 c 188 § 6(g); Rem. Supp. 1947 § 6312-6(g).] RCW 46.12.210 Penalty for false statements or Illegal transfers. Any person who shall knowingly make any false statement of a material fact, either in his applica- tion for the certificate of ownership or in any assignment thereof, or who with intent to procure or pass ownership to a vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from or to another or who shall have in his possession any vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony and upon conviction shall be punished by a fine Of not more than five thousand dollars or by imprisonment for not more than ten years, or both such fine and imprison- ment This provision shall not exclude any other offenses or Penalties prescribed by any existing or future law for the larceny or unauthorized taking of a motor vehicle. [1961 c 12 § 46.12.210. Prior. 1937 c 188 § 12; RRS § 6312-12.] RCW 46.12.215 Unlawful sale of certificate of ownership. It is a class C felony for a person to sell or convey a vehicle certificate of ownership except in conjunc- (371 46.12.102 tion with the sale or transfer of the vehicle for which the certificate was originally issued. [1995 c 256 § 1.] RCW 46.12.220 Alteration or forgeryPenalty. Any person who shall alter or forge or cause to be altered or forged any certificate issued by the director pursuant to the provisions of this chapter, or any assignment thereof, or any release or notice of release of any encumbrance referred to therein, or who shall hold or use any such certificate or assignment, or release or notice of release, knowing the same to have been altered or forged, shall be guilty of a felony. [1967 c 32 § 12; 1961 c 12 § 46.12.220. Prior: 1937 c 188 § 13; RRS § 6312-13.] RCW 46.12.250 Ownership of motor vehicle by person under eighteen prohibited—Exceptions. It shall be unlawful for any person under the age of eighteen to be the registered or legal owner of any motor vehicle: PROVID- ED, That RCW 46.12.250 through 46.12.270 shall not apply to any person who is on active duty in the United States armed forces nor to any minor who is in effect emancipated: PROVIDED further, That RCW 46.12.250 through 46.12.270 shall not apply to any person who is the registered owner of a motor vehicle prior to August 11, 1969 or who became the registered or legal owner of a motor vehicle while a nonresi- dent of this state. [1969 ex.s. c 125 § 1.] RCW 46.12.260 Sale or transfer of motor vehicle ownership to person under eighteen prohibited It shall be unlawful for any person to convey, sell or transfer the ownership of any motor vehicle to any person under the age of eighteen: PROVIDED, That this section shall not apply to a vendor if the minor provides the vendor with a certified copy of an original birth registration showing the minor to be over eighteen years of age. Such certified copy shall be transmitted to the department of licensing by the vendor with the application for title to said motor vehicle. [1979 c 158 § 135; 1969 ex.s. c 125 § 2.] RCW 46.12.270 Penalty for violation of RCW 46.12.250 or 46.12.260. Any person violating RCW 46.12.250 or 46.12.260 or who transfers, sells, or encumbers an interest in a vehicle in violation of RCW 46.615058, with actual notice of the prohibition, is guilty of a misdemeanor and shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in a county jail for not more than ninety days. [1994 c 139 § 2; 1993 c 487 § 6; 1969 ex.s. c 125 § 3.] RCW 46.12.300 Serial numbers on vehides, water- craft, campers, or parts—Buying, selling, etc., with numbers removed, altered, etc.—Penalty. Whoever knowingly buys, sells, receives, disposes of, conceals, or has knowingly in his possession any vehicle, watercraft, camper, or component part thereof, from which the manufacturer's serial number or any other distinguishing number or identifi- cation mark has been removed, defaced, covered, altered, or destroyed for the purpose of concealment or misrepresenting the identity of the said vehicle, watercraft, camper, or STATUTES ADOPTED BY REFERENCE 46.12.300 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE component part thereof shall be guilty of a gross misdemean- or. [1975276 2nd ex.s. c 91 § 1.] SeverabIDty-197516 tad exs c 91: 'if any provision of this am or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975276 2nd exs. c 91 § 10.] Effective date -1975-176 tad exs. a 91: "This as shall take effect on July 1. 1976.' (1975276 2nd exs. c 91 § 11.) RCW 46.12.310 Serial numbers—Seizure and impoundment of vehicles, etc.—Notice to interested persons—Release to owner, etc (1) Any vehicle, water- craft, camper, or any component part thereof, from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, obliterated, or destroyed, may be impound- ed and held by the seizing law enforcement agency for the purpose of conducting an investigation to determine the identity of the article or articles, and to determine whether it had been reported stolen. (2) Within five days of the impounding of any vehicle, watercraft, camper, or component part thereof, the law enforcement agency seizing the article or articles shall send written notice of such impoundment by certified mail to all persons known to the agency as claiming an interest in the article or articles. The seizing agency shall exercise reason- able diligence in ascertaining the names and addresses of those persons claiming an interest in the article or articles. Such notice shall advise the person of the fact of seizure, the possible disposition of the article or articles, the requirement of filing a written claim requesting notification of potential disposition, and the right of the person to request a heating to establish a claim of ownership. Within five days of receiving notice of other persons claiming an interest in the article or articles, the seizing agency shall send a like notice to each such person. (3) If reported as stolen, the seizing law enforcement agency shall promptly release such vehicle, watercraft, camper, or parts thereof as have been stolen, to the person who is the lawful owner or the lawful successor in interest, upon receiving proof that such person presently owns or has a lawful right to the possession of the article or articles. 11995 c 256 § 2; 1975276 2nd exs. c 91 § 2.] SeverabWty—Mective date -1975176 2nd exs. c 91: See notes following RCW 46.12300. RCW 46.112.320 Serial numbers—Disposition of vehicles, etc., authorized, when. Unless a claim of owner- ship to the article or articles is established pursuant to RCW 46.12.330, the law enforcement agency seizing the vehicle, watercraft, camper, or component part thereof may dispose of them by destruction, by selling at public auction to the highest bidder, or by holding the article or articles for the official use of the agency, when: (1) The true identity of the article or articles cannot be established by restoring the original manufacturer's serial number or other distinguishing numbers or identification marks or by any other means; (2) After the true identity of the article or articles has been established, the seizing law enforcement agency cannot locate the person who is the lawful owner or if such lawful 1381 owner or his successor in interest fails to claim the article or articles within forty-five days after receiving notice from the seizing law enforcement agency that the article or articles is in its possession. No disposition of the article or articles pursuant to this section shall be undertaken until at least sixty days have elapsed from the date of seizure and written notice of the right to a hearing to establish a claim of ownership pursuant to RCW 46.12.330 and of the potential disposition of the article or articles shall have first been served upon the person who held possession or custody of the article when it was impounded and upon any other person who, prior to the final disposition of the article, has notified the seizing law enforcement agency in writing of a claim to ownership or lawful right to possession thereof. [1975-'76 2nd ex.s. c 91 § 3.] Severability—Effective date -1975'76 2nd exs. c 91: See notes following RCW 46.12.300. RCW 46.12.330 Serial numbers—Hearing— Appeal--Removal to court—Release. (1) Any person may submit a written request for a hearing to establish a claim of ownership or right to lawful possession of the vehicle, watercraft, camper, or component part thereof seized pursuant to this section. (2) Upon receipt of a request for hearing, one shall be held before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW. (3) Such hearing shall be held within a reasonable time after receipt of a request therefor. Reasonable investigative activities, including efforts to establish the identity of the article or articles and the identity of the person entitled to the lawful possession or custody of the article or articles shall be considered in determining the reasonableness of the time within which a hearing must be held. (4) The hearing and any appeal therefrom shall be conducted in accordance with Title 34 RCW. (5) The burden of producing evidence shall be upon the person claiming to be the lawful owner or to have the ]awful right of possession to the article or articles. (6) Any person claiming ownership or right to posses- sion of an article or articles subject to disposition under RCW 46.12.310 through 46.12.340 may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is two hundred dollars or more. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to judgment for costs and reasonable attorney's fees. For purposes of this section the seizing law enforcement agency shall not be considered a claimant (7) The seizing law enforcement agency shall promptly release the article or articles to the claimant upon a determi- nation by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof. [1981 c 67 § 27; 1975276 2nd ex.s. c 91 § 4.] Effective dates—Severability-1981 c 67: See notes following RCW 34.11010. Severability-,ffedive d2te-1975'76 2nd exs. c 91: See notes fouowing RCW 46.12.300. li or he is us STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.12.340 Serial numbers—Release of vehicle, etc. The seizing law enforcement agency may release the article or articles impounded pursuant to this section to the person claiming ownership without a hearing pursuant to RCW 46.12.330 when such law enforcement agency is satisfied after an appropriate investigation as to the claimant's right to lawful possession. If no hearing is contemplated as provided for in RCW 46.12330 such release SWI be within a reasonable time following seizure. Reason- able investigative activity, including efforts to establish the identity of the article or articles and the identity of the person entitled to lawful possession or custody of the article or articles shall be considered in determining the reasonable- ness of the time in which release must be made. [1975-'76 2nd exs. c 91 § 5.1 Severability—Effective date -1975-76 2nd exs. c 91: See notes following RCW 46.12300. RCW 46.12.350 Assignment of new serial number. An identification number shall be assigned to any article impounded pursuant to RCW 46.12.3 10 in accordance with the rules promulgated by the department of licensing prior to: (1) The release of the article from the custody of the seizing agency; or (2) The use of the article by the seizing agency. [1979 c 158 § 138; 1975276 2nd ex.s. c 91 § 6.] Severability—Effective date -1975•16 2nd exs. c 91: See notes following RCW 46.123(X1. RCW 46.12.380 Disclosure of names and addresses of individual vehicle owners. (1) Notwithstanding the provisions of chapter 42.17 RCW, the name or address of an individual vehicle owner shall not be released by the department, county auditor, or agency or firm authorized by the department except under the following circumstances: (a) The requesting party is a business entity that requests the information for use in the course of business; (b) The request is a written request that is signed by the person requesting disclosure that contains the full legal name and address of the requesting party, that specifies the Purpose for which the information will be used; and (c) The requesting party enters into a disclosure agree- ment with the department in which the party promises that the party will use the information only for the purpose stated in dee request for the information; and that the party does not intend to use, or facilitate the use of, the information for the Purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting Party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction. (2) The disclosing entity shall retain the request for disclosure for three years. (3) Whenever the disclosing entity grants a request for information under this section by an attorney or private [391 46.12.340 investigator, the disclosing entity shall provide notice to the vehicle owner, to whom the information applies, that the request has been granted The notice also shall contain the name and address of the requesting party. (4) Any person who is famished vehicle owner mforma- tion under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department. (5) This section shall not apply to requests for informa- tion by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle owners. (6) This section shall not apply to title history informa- tion under RCW 19.118.170. [1995 c 254 § 10; 1990 c 232 § 2; 1987 c 299 § 1; 1984 c 241 § 2.] Effective date—Severability-1995 a 254: See notes following RCW 19.118.021. Legislative finding and purpose -1990 a 232: 'The legislature recognizes the extraordinary value of the vehicle title and registration records for law enforcement and oommeroe within the state. 7Le legislature also nmgnize$ that indiscriminate release of the vehicle owner information to be an infriagement upon the rights of the owner and can subject owners to intrusions on their privacy. The purpose of this ad is to limit the release of vehicle owners' names and addresses while maintaining the availability of the vehicle records for the purposes of law enforcement and commerce." [ 1990 c 232 1 1.1 RCW 46.16.010 Licenses and plates required— Penalties—Exceptions. (1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided. Failure to make initial registration before opera- tion on the highways of this state is a misdemeanor, and any person convicted thereof shall be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred. Failure to renew an expired registration before operation on the highways of this state is a traffic infraction. (2) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows: (a) For a fust offense, up to one year in the county jail and a fine equal to twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred; (b) For a second or subsequent offense, up to one year in the county jail and a fine equal to four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred; (c) For fines levied under (b) of this subsection, an amount equal to the avoided taxes and fees owed shall be deposited in the vehicle licensing fraud account created in the state treasury; (d) The avoided taxes and fes shall be deposited and distributed in the same manner as if the taxes and fees were Properly paid in a timely fashion. (3) These provisions shall not apply to the following vehicles: (a) Electric -assisted bicycles; STATUTES ADOPTED BY REFERENCE 46.16.010 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (b) Farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for anima[ herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law; (c) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed ormodified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transpor- tation; (d) Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve: PROVIDED FURTHER, That these provisions shall not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks; (e) "Special highway construction equipment" defined as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only inciden- tally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machin- ery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifrers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor -drawn earth moving equipment and machinery, including dump trucks and tractor -dump trailer combinations which either (i) are in excess of the legal width, or (ii) which, because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (iii) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface. Exclusions: "Special highway construction equipment" does not include any of the following: Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck -mounted transit mixers, cranes and shovels, or other vehicles designed for [401 the transportation of persons or property to which machinery has been attached. (4) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter. (a) A converter gear used to convert a semitrailer into a trailer or a two -axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle. (b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar. [ 1997 c 328 § 2; 1997 c 241 § 13; 1996 c 184 § 1; 1993 c 238 § 1; 1991 c 163 § 1; 1989 c 192 § 2; 1986 c 186 § 1; 1977 ex.s. c 148 § 1; 1973 1st ex.s. c 17 § 2; 1972 ex.s. c 5 § 2; 1969 c 27 § 3; 1967 c 202 § 2; 1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32; 1961 c 12 § 46.16.010. Prior: 1955 c 265 § 1; 1947 c 33 § 1; 1937 c 188 § 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 § 5; RRS § 6324.] Rules of court: Monetary penalty schedak--JTIR 6.2. Reviser's note: This section was amended by 1997 c 241 § 13 and by 1997 c 328 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date -19% c 184 If 1.6: 'Sections 1 through 6 of this act take effect January 1, 1997." [1996 c 184 18.) Legislative Intent -1989 c 192: 'rhe legislature recognize that them are residents of this state who intentionally register motor vehicles in other states to evade payment of taxes and fees required by the laws of this state. This results in a substantial loss of revenue to the state. It is the intent of the legislature to impose a stronger criminal penalty upon time residents who defraud the sure, thereby enhancing compliance with the registration laws of this state and further enhancing enforcement and collection efforts. In order to enccourage voluntary compliance with the registration laws of this state, administrative penalties associated with failing to register a motor vehicle ate waived until September 1, 1989. It is not the intent of the legislature to waive traffic infraction or criminal traffic violations imposed prior to July 23, 1989.' [1989 c 192 § l.] Effective date -1989 c 192: "Section 2 of this act shall take effect September 1, 1989." [1989 c 192 § 3.] RCW 46.16.011 Allowing unauthorized person to drive—Penalty. It is unlawful for any person in whose name a vehicle is registered knowingly to permit another person to drive the vehicle when the other person is not authorized to do so under the laws of this state. A violation of this section is a misdemeanor. [1987 c 388 § 10.] Severability -1987 c 388: See note following RCW 4620.342. Unlawful to allow unauthoriW person to drive: RCW 46.20.344. RCW 46.16.022 Exemptions—Vehides owned by Indian tribes—Conditions. (1) The provisions of this chapter relating to licensing of vehicles by this state, including the display of vehicle license number plates and license registration certificates, do not apply to vehicles owned or leased by the governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior, only when: (a) The vehicle is used exclusively in tribal government service; and STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (b) The vehicle has been licensed and registered under a law adopted by such tribal government; and (c) Vehicle license number plates issued by the tribe showing the initial or abbreviation of the name of the tribe are displayed on the vehicle substantially as provided therefor in this state; and (d) The tribe has not elected to receive any Washington state license plates for tribal government service vehicles pursuant to RCW 46.16.020; and (e) If required by the department, the tribe provides the department with vehicle description and ownership informa- tion similar to that required for vehicles registered in this state, which may include the model year, make, model series, body type, typtr of power (gasoline, diesel, or other), VIN, and the license plate number assigned to each govern- ment service vehicle licensed by that tribe. (2) The provisions of this section are operative as to a vehicle owned or leased by an Indian tribe located within this state and used exclusively in tribal government service only to the extent that under the laws of the tribe like exemptions and privileges are granted to all vehicles duly licensed under the laws of this state for operation of such vehicles on all tribal roads within the tribe's reservation. If under the laws of the tribe, persons operating vehicles licensed by this state are required to pay a license or registration fee or to carry or display vehicle license number plates or a registration certificate issued by the tribe, the tribal government shall comply with the provisions of this state's laws relating to the licensing and registration of vehicles operating on the highways of this state. [1986 c 30 § 2.] RCW 46.16.023 Ride -sharing vehicles—Special plates—Gross misdemeanor. (1) Every owner or lessee of a vehicle seeking to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to the director for, and upon satisfactory showing of eligibility, receive in lieu of the regular motor vehicle license plates for that vehicle, special plates of a distinguishing separate numerical series or design, as the director shall prescribe. In addition to paying all other initial fees required by law, each applicant for the special license plates shall pay an additional license fee of twenty-five dollars upon the issuance of such plates. The special fee shall be deposited in the motor vehicle fund. Application for renewal of the license plates shall be as prescribed for the renewal of other vehicle licenses. No renewal is required for vehicles exempted under RCW 46.16.020. (2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is trans- ferred or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special Plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed plates shall be immediately forwarded to the director to be canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for any reason relieved of the tax-exempt status, the special plates shall immediately be forwarded to the 141] 46.16.022 director along with an application for replacement plates and the required fee. Upon receipt the director shall issue the license plates that are otherwise provided by law. (3) Any person who knowingly makes any false state- ment of a material fact in the application for a special plate under subsection (1) of this section is guilty of a gross misdemeanor. [1993 c 488 § 5; 1987 c 175 § 2.] Finding—Annual recertification rule—Report-1993 c 488: See notes following RCW 82.08.0287. Effective date -1987 a 175 § 2: 'Section 2 of this act shall take effect on January 1. 1988." 11987 c 175 14.] RCW 46.16.025 Identification device for exempt farm vehicles—Application for—Contents—Fee. Before any "farm vehicle", as defined in RCW 46.04.181, shall operate on or move along a public highway, there shall be displayed upon it in a conspicuous manner a decal or other device, as may be prescribed by the director of licensing and issued by the department of licensing, which shall describe in some manner the vehicle and identify it as a vehicle exempt from the licensing requirements of this chapter. Application for such identifying devices shall be made to the department on a form furnished for that purpose by the director. Such application shall be made by the owner or lessee of the vehicle, or his duly authorized agent over the signature of such owner or agent, and he shall certify that the statements therein are true to the best of his knowledge. The application must show: (I) The name and address of the owner of the vehicle; (2) The trade name of the vehicle, model, year, type of body, the motor number or the identification number thereof if such vehicle be a motor vehicle, or the serial number thereof if such vehicle be a trailer; (3) The purpose for which said vehicle is to be princi- pally used; (4) Such other information as shall be required upon such application by the director; and (5) Place where farm vehicle is principally used or garaged. A fee of five dollars shall be charged for and submitted with such application for an identification decal as in this section provided as to each farm vehicle which fee shall be deposited in the motor vehicle fund and distributed propor- tionately as otherwise provided for vehicle license fees under RCW 46.68.030. Only one application need be made as to each such vehicle, and the status as an exempt vehicle shall continue until suspended or revoked for misuse, or when such vehicle no longer is used as a farm vehicle. []979 c 158 § 139; 1967 c 202 § 3.] RCW 46.16.028 "Resident" defined—Vehicle registration required. (1) For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to: (a) Becoming a registered voter in this state; or (b) Receiving benefits under one of the Washington public assistance programs; or STATUTES ADOPTED BY REFERENCE 46.16.028 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates. (2) The term "Washington public assistance programs" referred to in subsection (1)(b) of this section includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds. Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and temporary'assistance for needy families. (3) A resident of the state shall register under chapters 46.12 and 46.16 RCW a vehicle to be operated on the highways of the state. New Washington residents shall be allowed thirty days from the date they become residents as defined in this section to procure Washington registration for their vehicles. This thirty -day period shall not be combined with any other period of reciprocity provided for in this chapter or chapter 46.85 RCW. [1997 c 59 § 7; 1987 c 142 § 1; 1986 c 186 § 2; 1985 c 353 § 1.] Effective date -1985 c 353: "lids as is necessity for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, except for section 1 of this act, which shall take effect September 1, 1985." (1985 c 353 16.1 RCW 46.16.030 Nonresident exemption— Reciprocity. Except as is herein provided for foreign businesses, the provisions relative to the licensing of vehicles and display of vehicle license number plates and license registration certificates shall not apply to any vehicles owned by nonresidents of this state if the owner thereof has complied with the law requiring the licensing of vehicles in the names of the owners thereof in force in the state, foreign country, territory or federal district of his or her residence; and the vehicle license number plate showing the initial or abbreviation of the name of such state, foreign country, territory or federal district, is displayed on such vehicle substantially as is provided therefor in this state. The provisions of this section shall be operative as to a vehicle owned by a nonresident of this state only to the extent that under the laws of the state, foreign country, territory or federal district of his or her residence, like exemptions and privileges are granted to vehicles duly licensed under the laws of and owned by residents of this state. If under the laws of such state, foreign country, territory or federal district, vehicles owned by residents of this state, operating upon the highways of such state, foreign country, territory or federal district, are required to pay the license fee and carry the vehicle license number plates of such state, foreign country, territory or federal district, the vehicles owned by residents of such state, foreign country, territory or federal district, and operating upon the highways of this state, shall comply with the provisions of this state relating to the licensing of vehicles. Foreign businesses owning, maintain- ing, or operating places of business in this state and using vehicles in connection with such places of business, shall comply with the provisions relating to the licensing of vehicles insofar as vehicles used in connection with such (421 places of business are concerned. Under provisions of the international registration plan, the nonmotor vehicles of member and nonmember jurisdictions which are properly based and licensed in such jurisdictions are granted reciproc- ity in this state as provided in RCW 46.87.070(2). The director is empowered to make and enforce rules and regulations for the licensing of nonresident vehicles upon a reciprocal basis and with respect to any character or class of operation. [1991 c 163 § 2; 1990 c 42 § 110; 1967 c 32 § 15; 1961 c 12 § 46.16.030. Prior. 1937 c 188 § 23; RRS § 6312-23; 1931 c 120 § 1; 1929 c 99 § 4; 1921 c 96 § 11; 1919 c 59 § 6; 1917 c 155 § 7; 1915 c 142 § 11; RRS § 6322.] 0ity--Efflative dates—Appllntion— Implementation-1990 a 42: See notes following RCW 82.36.025. RCW 46.16.048 Temporary letter of authority for movement of unlicensed vehicle for special community event The department in its discretion may issue a tempo- rary letter of authority authorizing the movement of an unlicensed vehicle or the temporary usage of a special plate for the purpose of promoting or participating in an event such as a parade, pageant, fair, convention, or other special community activity. The letter of authority may not be issued to or used by anyone for personal gain, but public identification of the sponsor or owner of the donated vehicle shall not be considered to be personal gain. [1977 c 25 § 2.] RCW 46.16.068 Trailing units—Permanent plates. Trailing units which are subject to RCW 82.44.020(5) shall, upon application, be issued a permanent license plate that is valid until the vehicle is sold, permanently removed from the state, or otherwise disposed of by the registered owner. The fee for this license plate is thirty-six dollars. Upon the sale, permanent removal from the state, or other disposition of a trailing unit bearing a permanent license plate the registered owner is required to return the license plate and registration certificate to the department. Violations of this section or misuse of a permanent license plate may subject the regis- tered owner to prosecution or denial, or both, of future permanent registration of any trailing units. This section does not apply to any trailing units subject to the annual excise taxes prescribed in RCW 82.44.020. The department is authorized to adopt rules to implement this section for leased vehicles and other applications as necessary. [1993 c 123 § 4.] Effective date of 1993 c 102 and c 113--1993 spa. c 23: See note following RCW 46.16.070. RCW 46.16.088 Transfer of license plates—Penalty. Except as provided in RCW 46.16.290, the transfer of license plates issued pursuant to this chapter between two or more vehicles is a traffic infraction subject to a fine not to exceed five hundred dollars. Any law enforcement agency that determines that a license plate has been transferred between two or more vehicles shall confiscate the license plates and return them to the department for nullification along with full details of the reasons for confiscation. Each vehicle identified in the transfer will be issued a new license plate upon application by the owner or owners thereof and STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE payment of the full fees and taxes. [ 1986 c 18 § 9; 1985 c 380 § 17.) Effective date -1986 c 18; 1985 c 380: See RCW 46.87.901. Severability -1985 a 380: See RCW 46.87.900. RCW 46.16.090 Gross weight fees on farm vehi- cles—Penalty. Motor trucks, truck tractors, and tractors may be specially licensed based on the declared gross weight thereof for the various amounts set forth in the schedule provided in RCW 46.16.070 less twenty-three dollars; divide the difference by two and add twenty-three dollars, when such vehicles are owned and operated by farmers, but only if the following condition or conditions exist: (1) When such vehicles are to be used for the transpor- tation of the farmer's own farm, orchard, or dairy products, or the farmer's own private sector cultured aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse, and of supplies to be used on the farmer's farm. Fish other than those that are such private sector cultured aquatic products and forestry products are not considered as farm products; and/or (2) When such vehicles are to be used for the infrequent or seasonal transportation by one farmer for another fanner in the farmer's neighborhood of products of the farm, orchard, dairy, or aquatic farm owned by the other farmer from point of production to market or warehouse, or supplies to be used on the other farm, but only if transportation for another farmer is for compensation other than money. Farmers shall be permitted an allowance of an additional eight thousand pounds, within the legal limits, on such vehicles, when used in the transportation of the farmer's own farm machinery between the farmer's own farm or fame and for a distance of not more than thirty-five miles from the farmer's farm or farms. The department shall prepare a special form of applica- tion to be used by farmers applying for licenses under this section, which form shall contain a statement to the effect that the vehicle concerned will be used subject to the limitations of this section. The department shall prepare special insignia which shall be placed upon all such vehicles to indicate that the vehicle is specially licensed, or may, in its discretion, substitute a special license plate for such vehicle for such designation. Operation of such a specially licensed vehicle in transportation upon public highways in violation of the limitations of this section is a traffic infraction. [1989 c 156 § 3; 1986 c 18 § 10. Prior. 1985 c 457 § 16; 1985 c 380 § 18; 1979 exs. c 136 § 45; 1977 c 25 § 1; 1969 ex.s. c 169 § 1; 1961 c 12 § 46.16.090; prior. 1957 c 273 § 13; 1955 c 363 § 6; prior. 1953 c 227 § 1; 1951 c 269 § 12; 1950 ex.s. c 15 § 1, part; 1949 c 220 § 10, part; 1947 c 200 § 15, Put; 1941 c 224 § 1, part; 1939 c 182 § 3, part; 1937 c 188 § 17, part; Rem. Supp. 1949 § 6312-17, part; 1931 c 140 § 1, part; 1921 c 96 § 15, part; 1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915 c 142 § 15, part; RRS § 6326, part.] App11cation-1989 c 156: See note following RCW 46.16.070. Effective date -1986 c 18;1985 a 380: See RCW 46.87.901. Severability -1985 c 380: See RCW 46.87.900. Emeetive data—Severnbuity-1979 exs c 136: See notes following RCW 46.63.010. [431 46.16.088 Unprocessed agricukural products. Ucense for transport. RCW 20.01.120. RCW 46.16.135 Monthly license fee—Penalty. The annual venicle licensing fees as provided in RCW 46.16.070 for any motor vehicle or combination of vehicles having a declared gross weight in excess of twelve thousand pounds may be paid for any full registration month or months at one -twelfth of the usual annual fee plus two dollars, this sum to be multiplied by the number of full months for which the fees are paid if for less than a full year. An additional fee of two dollars shall be collected each time a license fee is paid. Operation of a vehicle licensed under the provisions of this section by any person upon the public highways after the expiration of the monthly license is a traffic infraction, and in addition the person shall be required to pay a license fee for the vehicle involved covering an entire registration year's operation, less the fees for any registration month or months of the registration year already paid. If, within five days, no license fee for a full registration year has been paid as required aforesaid the Washington state patrol, county sheriff, or city police shall impound such vehicle in such manner as may be directed for such cases by the chief of the Washington state patrol, until such requirement is met. [ 1986 c 18 § 12; 1985 c 380 § 19; 1979 ex.s. c 136 § 46; 1979 c 134 § 1; 1975276 2nd ex.s. c 64 § 3; 1975 1st ex.s. c 118 § 6; 1969 ex.s. c 170 § 7; 1961 c 12 § 46.16.135. Prior: 1951 c 269 § 16.1 Effective date --1986 c 18; 1985 c 380: See RCW 46.87.901. Severability --1985 c 380: See RCW 46.87.900. Effective data -,Severability -1979 exs a 136: See notes following RCW 46.63.010. Effective dates—Severabtlity-1975-176 2nd exs. c 64: See notes following RCW 46.16.070. Effective date—Severability-1975 1st exs. c 118: See notes Wowing RCW 46.16.006. RCW 46.16.140 Overloading licensed capacity— Additional license—Penalties—Exceptions. It is a traffic infraction for any person to operate, or cause, permit, or suffer to be operated upon a public highway of this state any bus, auto stage, motor truck, truck tractor, or tractor, with passengers, or with a maximum gross weight, in excess of that for which the motor vehicle or combination is licensed Any person who operates or causes to be operated upon a public highway of this state any motor truck, truck tractor, or tractor with a maximum gross weight in excess of the maximum gross weight for which the vehicle is licensed shall be deemed to have set a new maximum gross weight and shall, in addition to any penalties otherwise provided, be required to purchase a new license covering the new maxi- mum gross weight, and any failure to secure such new license is a traffic infraction. No such person may be permitted or required to purchase the new license for a gross weight or combined gross weight which would exceed the maximum gross weight or combined gross weight allowed by law. This section does not apply to for hire vehicles, buses, or auto stages operating principally within cities and towns. [1986 c 18 § 13; 1979 ex.s. c 136 § 47; 1961 c 12 § 46.16.140. Prior. 1955 c 384 § 16; 1951 c 269 § 18; 1937 c 188 § 25, part; RRS § 6312-25, part.) 46.16.140 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Effective date -1986 c 18: See RCW 46.87.901. Effective date--Severability-1979 am c 136: See notes following RCW 46.63.010. RCW 46.16.145 Overloading licensed capacity— Penalties. Any person violating any of the provisions of RCW 46.16.140 shall, upon a first offense, pay a penalty of not less than twenty-five dollars nor more than fifty dollars; upon a second offense pay a penalty of not less than fifty dollars nor more than one hundred dollars, and in addition the court may suspend the certificate of license registration of the vehicle for not more than thirty days; upon a third and subsequent offense pay a penalty of not less than one hundred dollars nor more than two hundred dollars, and in addition the court shall suspend the certificate of license registration of the vehicle for not less than thirty days nor more than ninety days. Upon ordering the suspension of any certificate of license registration, the court or judge shall forthwith secure such certificate and mail it to the director. [1979 ex.s. c 136 § 48; 1975276 2nd ex.s. c 64 § 5; 1961 c 12 § 46.16.145. Prior. 1951 c 269 § 19; 1937 c 188 § 25, part; RRS § 6312- 25, part.] Rales of court: Monetary penalty schedule RM 6.2. Effective date—SeveraMty-1979 ex -s. c 136: See notes following RCW 46.63.010. Effective dates-4everability-1975-16 2nd exs. c 64: See notes following RCW 46.16.070. RCW 46.16.160 Vehicle trip permits—Restrictions and requirements—Fees and taxes—Penalty—Rules. (1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registra- tion, and licensed gross weight if applicable. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles regis- tered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year. (2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of fust use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle as defined in RCW 43.22.335, no more than two trip permits may be used for any one vehicle in a one-year period Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be [441 completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department. (3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state. (4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years. (5) Trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the departmenL For each permit issued, them shall be collected a filing fee as provided by RCW 46.01.140, an administra- tive fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased. (6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits. (7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor. (8) The department of licensing may adopt rules as it deems necessary to administer this section. (9) All administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140. [1996 c 184 § 2; 1993 c 102 § 2; 1987 c 244 § 6; 1981 c 318 § 1; 1977 ex.s. c 22 § 5; 1975276 2nd ex.s. c 64 § 6; 1969 ex.s. c 170 § 8; 1961 c 306 § 1; 1961 c 12 § 46.16.160. Prior: 1957 c 273 § 3; 1955 c 384 § 17; 1949 c 174 § 1; 1947 c 176 § 1; 1937 c 188 § 24; Rem. Supp. 1949 § 6312-24.] Effective date -19% c 184: See note following RCW 46.16.010. Effective date of 1993 c 102 and c 123-1993 sps. c 23: See note following RCW 46.16.070. Severability -1977 exs. c 22: See note following RCW 46.04.302. Effective dates -Severability -1975-'76 2nd ers. c 64: See notes following RCW 46.16.070. RCW 46.16.170 Marking gross weight on vehicle. Every motor truck, truck tractor, and tractor with a licensed gross weight in excess of ten thousand pounds, shall have painted or stenciled upon the outside thereof, in a conspicu- ous place, in letters not less than two inches high, the j, l STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE ntaximum gross weight or combined gross weight for which the same is licensed, as provided in this chapter. It is unlawful for the owner or operator of any vehicle to display a maximum gross weight or combined gross weight other than that shown on the current certificate of license registra- tion of the vehicle. [1988 c 56 § 2; 1986 c 18 § 14; 1961 c 12 § 46.16.170. Prior. 1937 c 188 § 19; RRS § 6312-19.] Effective date -1986 c 18: See RCW 46.87.901. RCW 46.16.180 Unlawful to carry passengers for hire without license. It shall be unlawful for the owner or operator of any vehicle not licensed annually for hire or as an auto stage and for which additional seating capacity fee as required by this chapter has not been paid, to carry passengers therein for hire. [1961 c 12 § 46.16.180. Prior: 1937 c 188 § 20; RRS § 6312-20.] RCW 46.16.240 Attachment of plates to vehicles— Violations enumerated. The vehicle license number plates shall be attached conspicuously at the front and rear of each vehicle for which the same are issued and in such a manner that they can be plainly seen and read at all times: PRO- VIDED, That if only one license number plate is legally issued for any vehicle such plate shall be conspicuously attached to the rear of such vehicle. Each vehicle license number plate shall be placed or hung in a horizontal position at a distance of not less than one foot nor more than four feet from the ground and shall be kept clean so as to be plainly seen and read at all times: PROVIDED, HOWEV- ER, That in cases where the body construction of the vehicle is such that compliance with this section is impossible, permission to deviate therefrom may be granted by the state patrol. It shall be unlawful to display upon the front or rear of any vehicle, vehicle license number plate or plates other than those furnished by the director for such vehicle or to display upon any vehicle any vehicle license number plate or plates which have been in any manner changed, altered, disfigured or have become illegible. License plate frames may be used on vehicle license number plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the plates can be plainly seen and read at all times. It is unlawful to use any holders, frames, or any materials that in any manner change, alter, or make the vehicle license number plates illegible. It shall be unlawful for any person to operate any vehicle unless there shall be displayed thereon valid vehicle license number Plates attached as herein provided. [1987 c 330 § 704; 1987 c 142 § 3; 1969 exs. c 170 § 10; 1967 c 32 § 18; 1961 c 12 § 46.16.240. Prior: 1947 c 89 § 1; 1937 c 188 § 36; Rem. Supp. 1947 § 6312-36.] Rules of court: Monetary penalty schedule—ffllt 6.2. Reviser's Dote: This section was amended by 1987 a 142 § 3 and by 1987 a 330 § 704, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, we RCW 1.12.025(1). Construction- Application of rules- S rerabllity 1987 c 330: See now following RCW 286.12.050. RCW 46.16.260 License registration certificate— Signature required—Carried in vehicle—Penalty- 1451 46.16.170 Inspection—Exception A certificate of license registration to be valid must have endorsed thereon the signature of the registered owner (if a firm or corporation, the signature of one of its officers or other duly authorized agent) and must be carried in the vehicle for which it is issued, at all times in the manner prescribed by the department. It shall be unlawful for any person to operate or have in his possession a vehicle without carrying thereon such certificate of license registration. Any person in charge of such vehicle shall, upon demand of any of the local authorities or of any police officer or of any representative of the department, permit an inspection of such certificate of license registration. This section does not apply to a vehicle for which annual renewal of its license plates is not required and which is marked in accordance with the provisions of RCW 46.08.065. [1986 c 18 § 16; 1979 ex.s. c 113 § 3; 1969 exs. c 170 § 11; 1967 c 32 § 19; 1961 c 12 § 46.16.260. Prior: 1955 c 384 § 18; 1937 c 188 § 8; RRS § 6312-8.] Effective date -1986 c 18: See RCW 46.87.901. RCW 46.16.290 License certificate and plates follow vehicle on transfer—Exceptions. In any case of a valid sale or transfer of the ownership of any vehicle, the right to the certificates properly transferable therewith, except as provided in RCW 46.16.280, and to the vehicle license plates passes to the purchaser or transferee. It is unlawful for the holder of such certificates, except as provided in RCW 46.16.280, or vehicle license plates to fail, neglect, or refuse to endorse the certificates and deliver the vehicle license plates to the purchaser or transferee. If the sale or transfer is of a vehicle licensed by the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law, or, if the vehicle is licensed with personalized plates, amateur radio operator plates, medal of honor plates, disabled person plates, disabled veteran plates, prisoner of war plates, or other special license plates issued under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, the vehicle license plates therefor shall be retained and may be displayed upon a vehicle obtained in replacement of the vehicle so sold or transferred. [1997 c 291 § 4; 1986 c 18 § 18; 1983 c 27 § 2; 1961 c 12 § 46.16.290. Prior. 1937 c 188 § 39; RRS § 6312-39; 1931 c 138 § 2; 1929 c 99 § 3; 1921 c 96 § 8; 1919 c 59 § 5; 1917 c 155 § 5; 1915 c 142 § 8; RRS § 6319.] Effective date -1986 c 18: See RCW 46.87.901. RCW 46.16.307 Collectors' vehicles-lse restric- tions. A collectors' vehicle licensed under RCW 46.16.305(1) may only be used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving. [1996 c 225 § 11.] Finding -19% c 225: See note following RCW 46.04.125. RCW 46.16.316 Special license plates—Traos[er of vehicle—Replacement plates. Except as provided in RCW 46.16.305: (1) When a person who has been issued a special license plate or plates under RCW 46.16.301 as it existed before amendment by section 5. chapter 291, Laws of 1997, STATUTES ADOPTED BY REFERENCE 46.16316 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE sells, trades, or otherwise transfers or releases ownership of the vehicle upon which the special license plate or plates have been displayed, he or she shall immediately report the transfer of such plate or plates to an acquired vehicle or vehicle eligible for such plates pursuant to departmental rule, or he or she shall surrender such plates to the department immediately if such surrender is required by departmental rule. If a person applies for a transfer of the plate or plates to another eligible vehicle, a transfer fee of five dollars shall be charged in addition to all other applicable fees. Such transfer fees shall be deposited in the motor vehicle fund. Failure to surrender the plates when required is a traffic infraction. (2) If the special license plate or plates issued by the department become lost, defaced, damaged, or destroyed, application for a replacement special license plate or plates shall be made and fees paid as provided by law for the replacement of regular license plates. [1997 c 291 § 10; 1990 c 250 § 5.] Effective dates -1990 a 250 If 1.13: See note following RCW 46.16.301. Severability -1990 c 250: See note following RCW 46.16.301. RCW 46.16350 Amateur radio operator plates— Expiration or revocation of radio license—Penalty. Any radio amateur operator who holds a special call letter license plate as issued under RCW 46.16.305, and who has allowed his or her federal communications commission license to expire, or has had it revoked, must notify the director in writing within thirty days and surrender his or her call letter license plate. Failure to do so is a traffic infraction. [ 1997 c 291 § 11; 1990 c 250 § Ii; 1979 ex.s. c 136 § 49; 1967 c 32 § 24; 1961 c 12 § 46.16.350. Prior. 1957 c 145 § 4.] Effective dates -1990 c 250 if 1-13: See note following RCW 46.16301. Severability -1990 c 250: See note following RCW 46.16301. Effective date._SeveraMty-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.16.381 Special parking privileges for disabled persons—Penalties for unauthorized use or parking. (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician: (a) Cannot walk two hundred feet without stopping to rest; (b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition; (c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device; (d) Uses portable oxygen; (e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest; (f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limita- tions are classified as class III or IV under standards accepted by the American Heart Association; or (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection. (2) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the interna- tional symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, private non- profit agency, or cabulanoe service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use. (3) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director. (4) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expect- ed to improve within six months may be issued a temporary placard for a period not to exceed six months. The director may issue a second temporary placard during that period if [46] STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE requested by the person who is temporarily disabled. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The parking placard of a disabled person shall be renewed, when required by the director, by satisfactory proof of the right to continued use of the privileges. (5) Additional fees shall not be charged for the issuance of the special placards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle. (6) Any unauthorized use of the special placard or the special license plate is a misdemeanor. (7) It is a parking infraction, with a monetary penalty of one hundred seventy-five dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing on -street parking places reserved for physically disabled persons may impose by ordinance time restrictions on the use of these parking places. (8) The penalty imposed under subsection (7) of this section shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle. (9) It is a misdemeanor for any person to willfully obtain a special license plate or placard in a manner other than that established under this section. [1995 c 384 § 1; 1994 c 194 § 6; 1993 c 106 § 1; 1992 c 148 § 1; 1991 c 339 § 21; 1990 c 24 § 1; 1986 c 96 § 1; 1984 c 154 § 2.1 Intent -1984 a 154: 'The legislature intends to extend special pariting privileges to persons with disabilities that substantially impair mobility." [1984 c 154 § 1.] Application -1984 c 154: 'This as applies to special license plates, Cards, or decals issued after lune 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984." 11984 c 154 § 9.] Severability -1984 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circurnstaoc s is not affected." [1984 a 154 § 10.] Accessible parlang spaces required RCW 70.92.140. RCW 46.16.390 Special plate or card issued by another jurisdiction. A special license plate or card issued by another state or country that indicates an occupant of the vehicle is disabled, entitles the vehicle on or in which it is displayed and being used to transport the disabled person to lawfully park in a parking place reserved for physically disabled persons pursuant to chapter 70.92 RCW or authority implemental thereof. [1991 c 339 § 22; 1984 c 51 § 1.1 [471 46.16.381 RCW 46.16500 Liability of operator, owner, lessee for violations. Whenever an act or omission is declared to be unlawful in chapter 46.16 RCW, if the operator of the vehicle is not the owner or lessee of such vehicle, but is so operating or moving the vehicle with the express or implied permission of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the primary responsibility to be that of the owner or lessee. If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee. [1980 c 104 § 3; 1969 ex.s. c 69 § 2.1 RCW 46.16505 Campers—License and plates— Application—Fee. It shall be unlawful for a person to operate any vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current and proper camper license and displaying a camper license number plate therefor as required by law: PROVIDED, HOWEVER, That if a camper is part of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstra- tion permit, valid for no more than seventy-two hours is carried in the motor vehicle at all times it is operated by any such individual, such camper may be demonstrated if carried upon an appropriately licensed vehicle. Application for an original tamper license shall be made on a form furnished for the purpose by the director. Such application shall be made by the owner of the camper or his duly authorized agent over the signature of such owner or agent, and he shall certify that the statements therein are true and to the best of his knowledge. The application must show: (1) Name and address of the owner of the camper, (2) Trade name of the camper, model, year, and the serial number thereof; (3) Such other information as the director requires. There shall be paid and collected annually for each registration year or fractional part thereof and upon each camper a license fee or, if the camper was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, a renewal license fee. Such license fee shall be in the sum of four dollars and ninety cents, and such renewal license fee shall be in the sum of three dollars and fifty cents. Except as otherwise provided for in this section, the provisions of chapter 46.16 RCW shall apply to campers in the same manner as they apply to vehicles. [1975 1st ex.s. c118§11;1975c41§1;1971ex.s.c231§7.] Effective date—Severability-1975 1st ex s. c 118: See notes following RCW 46.16.006. Effective date -1971 ex.s. c 231: See note following RCW 46.01.130. Additional plate fee: RCW 46.16.650. RCW 46.16.560 Personalized license plates— Def ued. Personalized license plates, as used in this chapter, means license plates that have displayed upon them the STATUTES ADOPTED BY REFERENCE 46.16.560 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE registration number assigned to the vehicle or camper for which such registration number was issued in a combination of letters or numbers, or both, requested by the owner of the vehicle or camper in accordance with this chapter. [1975 c 59 § 1; 1973 1st ex.s. c 200 § 2.1 Personalized license plates_4AgWative declaradou: "It is declared to be the public policy of the state of Washington to direct financial resources of this state toward the support and aid of the wildlife resources existing within the state of Washington in order that the general welfare of these inhabitants of the state be served. For the purposes of *this chapter. wildlife resources aro understood to be those species of wildlife otter than that managed by the department of fisheries under their existing jurisdiction as well as all unclassified marine fish. shellfish, and marine invertebrates which shall remain under the jurisdiction of the director of fisheries. The legislature further finds that the preservation, protection. perpetuation, and enhancement of such wildlife resources of the state is of major concern to it, and that aid for a satisfactory environment and ecological balance in this state for such wildlife resources saves a public merest. purpose, and desire. It is further declared that such preservation. PCOWWor4 paWmatiou, and enhancement can be fostered through financial support derived on a voluntary basis from those citizens of the state of Washington who wish to assist in such objectives; that a desirable manner of accomplishing this is through ot{eg Penalized license plates for on= vehicles and campers the fees for which are to be directed to the sue treasury to the credit of the state **game fund for the furtherance of the programs, policies, and activities of the state —game department in preservation, protection, perpetuation, and enhancement of the wildlife resources that abound within the geographical limits of the state of Washington. In particular, the legislature recognizes the benefit of this program to be specifically directed toward those species of wildlife including but not limited to song birds, protected wildlife, rare and endangered wildlife, aquatic life. and specialized -habitat types, both terrestrial and aquatic, as well as all unclassified marine fish, shellfish, and marine invertebrates which shall remain under the jurisdiction of the director of fisheries that exist within the limits of the state of Washington." [1975 c 59 § 7; 1973 1st exs. a 200 11. Formerly RCW 77.12175.1 Reviser's note: *(1) Mw tarn "this chapter" refers to chapter 77.12 RCW, where this section was originally codified, pursuant to legislative directive, as RCW 77.12.175. It was subsequently decodi5ed by 1980 c 78 § 32. ••(2) References to the •game fmd" and "department of Sam' mean the "wildlife fund" and "department of wildlife.' See note following RCW 77.04.020. RCW 46.16585 Persomlrzed license plates—Feess— Renewal—Penalty. In addition to the regular registration fa, and any other fees and taxes required to be paid upon registration, the applicant shall be charged a fee of thirty dollars. In addition to the regular renewal fee, and in addition to any other fees and taxes required to be paid, the applicant for a renewal of such plates shall be charged an additional fee of twenty dollars: PROVIDED, That any person who purchased personalized license plates containing three letters and three digits on or between the dates of August 9, 1971, and November 6, 1973, shall not be required to pay the additional annual renewal fee of twenty dollars commencing with the year 1976. All personalized license plates must be renewed on an annual basis, regard- less of whether a vehicle on which they are displayed will not be driven on public highways or may also be eligible to display permanent license plates valid for the life of such vehicle without annual renewal. Personalized license plates that are not renewed must be surrendered to the department, and failure to do so is a traffic infraction. [1979 exs. c 136 § 51; 1975 c 59 § 4; 1973 1st ex.s. c 200 § 7.1 Effective date -.Severability -1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.16.595 Personalized license plates— Transfer or surrender upon sale or release of vehide— Penalty. When any person who has been issued personal- ized license plates sells, trades, or otherwise releases ownership of the vehicle upon which the personalized license plates have been displayed, he shall immediately report the transfer of such plates to an acquired vehicle or camper eligible for personalized license plates, pursuant to RCW 46.16.590, or he shall surrender such plates to the depart- ment forthwith and release his priority to the letters or numbers, or combination thereof, displayed on the personal- ized license plates.. Failure to surrender such plates is a traffic infraction. [1979 ex.s. c 136 § 52; 1975 c 59 § 6; 1973 1st ex.s. c 200 § 9.1 Effective date—Severability-19" ex & c 136: See notes following RCW 46.63.010. RCW 46.16.630 Moped registration. Application for registration of a moped shall be made to the department of licensing in such manner and upon such forms as the department shall prescribe, and shall state the name and address of each owner of the moped to be registered, the vehicle identification number, and such other information as the department may require, and shall be accompanied by a registration fee of three dollars. Upon receipt of the applica- tion and the application fee, the moped shall be registered and a registration number assigned, which shall be affixed to the moped in the manner as provided by rules adopted by the department. The registration provided in this section shall be valid for a period of twelve months. Every owner of a moped in this state shall renew the registration, in such manner as the department shall pre- scribe, for an additional period of twelve months, upon payment of a renewal fee of three dollars. Any person acquiring a moped already validly registered must, within fifteen days of the acquisition or purchase of the moped, make application to the department for transfer of the registration, and the application shall be accompanied by a transfer fee of one dollar and twenty-five cents. The registration fees provided in this section shall be in lieu of any personal property tax or the vehicle excise tax imposed by chapter 82.44 RCW. The department shall, at the time the registration number is assigned, make available a decal or other identifying device to be displayed on the moped. A fee of one dollar and fifty cents shall be charged for the decal or other identifying device. The provisions of RCW 46.01.130 and 46.01.140 shall apply to applications for the issuance of registration numbers or renewals or transfers thereof for mopeds as they do to the issuance of vehicle licenses, the appointment of agents, and the collection of application fees. Except for the fee collected pursuant to RCW 46.01.140, all fees collected under this section shall be deposited in the motor vehicle fund. [1997 c 241 § 11; 1979 exs. c 213 § 5.] additional plate fee: RCW !6.16.650. Drivers' license, motorcycle endorsement, moped exemption: RCW 46.20.500. Operation and safety standards for mopeds: RCW 46.61.710, 46.61.720. [48] J STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.16.640 Wheelchair conveyances. Wheel- chair conveyances that are incapable of complying with RCW 46.37.340 shall be licensed in the manner provided for mopeds in RCW 46.16.630. [1983 c 200 § 2.] Severability -1983 c 200: See note following RCW 46.04.710. Wheelchair conveyancer definition: RCW 4604.710. operator's license: RCW 46.20550. public roadways, operating on: RCW 46.61.730. safety standards: RCW 46.37.610. RCW 46.16.680 IGt vehicles. All kit vehicles are licensed as original transactions when first titled in Washing- ton, and the following provisions apply: (1) The department of licensing shall charge original licensing fees and issue new plates appropriate to the use class. (2) An inspection by the Washington state patrol is required to determine the correct identification number, and year or make if needed. (3) The use class is the actual use of the vehicle, i.e. passenger car or truck. (4) The make shall be listed as "IQTV," and the series and body designation must describe what the vehicle looks like, i.e. 48 Bradley GT, 57 MG, and must include the word "replica." (5) Upon payment of original licensing fees the depart- ment may license a kit vehicle under RCW 46.16.305(1) as a street rod if the vehicle is manufactured to have the same appearance as a similar vehicle manufactured before 1949. (6) For a manufactured new vehicle kit and a manufac- tured body kit, the model year of the vehicle is the year reflected on the manufacturer's certificate of origin for that vehicle. If this is not available, the Washington state patrol shall assign a model year at the time of inspection. (7) The vehicle identification number (VIN) of a new vehicle kit and body kit is the vehicle identification number as reflected on the manufacturer's certificate of origin. If the VIN is not available, the Washington state patrol shall assign a VIN at the time of inspection. [1996 c 225 § 10.] Finding -1996 c 225: See note following RCW 46.04.125. RCW 46.20.005 Driving without a license— Misdemeanor, when. Except as expressly exempted by this chapter, it is a misdemeanor for a person to drive any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter. This section does not apply if at the time of the stop the Person is not in violation of RCW 46.20.342(1) or 46.20.420 and has in his or her possession an expired driver's license or other valid identifying documentation under RCW 46.20.035. A violation of this section is a lesser included Offense within the offenses described in RCW 46.20.342(1) or 46.20.420. [1997 c 66 § 1.] RCW 46.20.015 Driving without a license—Traffic infraction, when. Except as expressly exempted by this chapter, it is a traffic infraction and not a misdemeanor under RCW 46.20.005 for a person to drive any motor vehicle upon a highway in this state without a valid driver's 1491 46.16.640 license issued to Washington residents under this chapter in his or her possession if the person provides the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop and the person is not in violation of RCW 46.20.342(1) or 46.20.420. A violation of this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars. [1997 c 66 § 2.] RCW 46.20.021 "Resident" for driver's license purposes—Surrender of other license—Local license not required. (1) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to: (a) Becoming a registered voter in this state; or (b) Receiving benefits under one of the Washington public assistance programs; or (c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates. (2) The term "Washington public assistance programs" referred to in subsection (1)(b) of this section includes only public assistance programs for which mora than fifty percent of the combined costs of benefits and administration are paid from state funds. Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and temporary assistance for needy families. (3) No person shall receive a driver's license unless and until he or she surrenders to the department all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction. The department shall establish a proce- dure to invalidate the surrendered photograph license and return it to the person. The invalidated license, along with the valid temporary Washington driver's license provided for in RCW 46.20.055(3), shall be accepted as proper identifica- tion. The department shall notify the issuing department that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid driver's license at any time. (4) New Washington residents arc allowed thirty days from the date they become residents as defined in this section to procure a valid Washington driver's license. (5) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations. [1997 c 66 § 3; 1997 c 59 § 8; 1996 c 307 § 5. Prior: 1991 c 293 § 3; 1991 c 73 § 1; 1990 c 250 § 33; 1988 c 88 § 1; 1985 c 302 § 2;1979 exs. c 136 § 53; 1965 ex.s. c 121 § 2.] Rales of court Bail in criminal traffic offense cases --Mandatory appear' ante—CrRLJ 3.2. STATUTES ADOPTED BY REFERENCE 46.20.021 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Reviser's note: This section was amended by 1997 c 59 § 8 and by 1997 c 66 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability -1990 c 250: See note following RCW 46.16.301. Effective date--Severability-1979 els. c 136: See notes following RCW 46.63.010. Purpose--Construction-1965 exs. c 121: 'With the advent of gay increased interstate vehicular travel and the migration of motorists between the states, the logislaim tecogoiaes the necessity of enacting driver licensing laws which aro reasonably uniform with the laws of other states and are at the same time based upon sound, realistic principles, stated in clear explicit language. To achieve these ends the legislature does bemby adopt this 1965 amendatory act wknog to driver licensing modeled after the Uniform Vehicle Code subject to such variation as are deemed better suited to the people of this state. It is intended that this 1965 amendatory act be liberally consorted to effectuate the purpose of improving the safety of our highways through driver licensing procedures within the framework of the traditional freedoms to which every motorist is entitled.' 11965 exs. c 121 § 1.) RCW 46.20.022 Unlicensed drivers—Subject to all provisions of Title 46 RCW. Any person who operates a motor vehicle on the public highways of this state without a driver's license or nonresident privilege to drive shalt be subject to all of the provisions of Title 46 RCW to the same extent as a person who is licensed. [1975-'76 2nd ex.s. c 29 § 1.) Allowing unauthorized person to drive: RCW 4616.011. 46.20.344. RCW 46.20.025 Persons exempt from licensing requirement. The following persons are exempt from license hereunder. (1) Any person in the service of the army, navy, air force, marine corps, or coast guard of the United States, or in the service of the national guard of this state or any other state, when furnished with a driver's license by such service when operating an official motor vehicle in such service; (2) A nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to him or her in his or her home state or is at least fifteen years of age with a valid instruction permit issued to him or her in his or her home state, and when accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver, (3) A nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to him or her in his or her home country may operate a motor vehicle in this state for a period not to exceed one year, (4) Any person operating special highway construction equipment as defined in RCW 46.16.010; (5) Any person while driving or operating any farm tractor or implement of husbandry which is only incidentally operated or moved over a highway; (6) Any person while operating a locomotive upon rails, including operation on a railroad crossing over a public highway; and such person is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this state. [1993 c 148 § 1; 1979 c 75 § 1; 1965 exs. c 121 § 3.) 1501 RCW 46.20.027 Licenses of persons serving in armed forces to remain in force—Duration. A Washing- ton state motor vehicle driver's license issued to any person serving in the armed forces of the United States, if valid and in force and effect while such person is serving in the armed forces, shall remain in full force and effect so long as such service continues unless the same is sooner suspended, canceled, or revoked for cause as provided by law and for not to exceed ninety days following the date on which the holder of such driver's license is honorably separated from service in the armed forces of the United States. [1967 c 129 § 1.] RCW 46.20.031 Persons ineligible to be licensed The department shall not issue a driver's license hereunder. (1) To any person who is under the age of sixteen years; (2) To any person whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as provided in RCW 46.20.311; (3) To any person who has been evaluated by a program approved by the department of social and health services as being an alcoholic, drug addict, alcohol abuser, and/or drug abuser. PROVIDED, That a license may be issued if the department determines that such person has been granted a deferred prosecution, pursuant to chapter 10.05 RCW, or is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol and/or drug abuse problem; (4) To any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease, and who has not at the time of application been restored to competency by the methods provided by law: PROVIDED, HOWEVER, That no person so adjudged shall be denied a license for such cause if the superior court should find him able to operate a motor vehicle with safety upon the highways during such incompe- tency; (5) To any person who is required by this chapter to take an examination, unless such person shall have success- fully passed such examination; (6) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof, (7) To any person when the department has good and substantial evidence to reasonably conclude that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways; subject to review by a court of competent jurisdiction; (8) To a person when the department has been notified by a court that the person has violated his or her written promise to appear, respond, or comply regarding a notice of infraction issued for a violation of RCW 4655.105, unless the department has received notice from the court showing that the person has been found not to have committed the violation of RCW 4655.105, or that the person has paid all monetary penalties owing, including completion of communi- ty service, and that the court is satisfied that the person has made restitution as provided by RCW 46.55.105(2). [1995 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE c 219 § 1; 1993 c 501 § 2; 1985 c 101 § 1; 1977 ex.s. c 162 § 1; 1965 ex.s. c 121 § 4.] Allowing unauthorized person to drive. RCW 46.16.011, 46.20.344. luvenik driving privileges, alcohol or drug violations: RCW 66.44.365, 6950.420. RCW 46.20.041 Physically or mentally disabled persons—Procedure—Restrictions—Violations—Penalty. (1) The department shall permit any person suffering from any physical or mental disability or disease which may affect that person's ability to drive a motor vehicle, to demonstrate personally that notwithstanding such disability or disease he or she is a proper person to drive a motor vehicle. The department may in addition require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department. The certificate shall be for the confidential use of the director and the chief of the Washington state patrol and for such other cognizant public officials as may be designated by law. It shall be exempt from public inspection and copying notwithstanding the provisions of chapter 42.17 RCW. The certificate may not be offered as evidence in any court except when appeal is taken from the order of the director suspending, revoking, canceling, or refusing a vehicle driver's license. However, the certificate may be made available to the director of the department of retire- ment 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 such disability benefits. (2) The department may issue a driver's license to such a person imposing restrictions suitable to the licensee's driving ability with respect to the special mechanical control devices required on a motor vehicle or the type of motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. (3) The department may either issue a special restricted license or may set forth such restrictions upon the usual license form. (4) The department may upon receiving satisfactory evidence of any violation of the restrictions of such license suspend or revoke the same but the licensee shall be entitled to a driver improvement interview and a hearing as upon a suspension or revocation under this chapter. (5) It is a traffic infraction for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her. [1986 c 176 § 1; 1979 ex.s. c 136 § 54; 1979 c 61 § 2; 1965 ex.s. c 121 § 5.1 Efedive date--Severability-1979 exs. a 136: See notes following RCW 46.63.010. RCW 46.20.045 Age limit for school bus drivers and drivers of for hire vehicles. No person who is under the age of eighteen years shall drive any school bus trans- porting school children or shall drive any motor vehicle when in use for the transportation of persons for compensa- tion. [1971 ex.s. c 292 § 43; 1965 ex.s. c 121 § 6.1 (51) 46.20.031 Severability -1971 exs. c 292: See note following RCW 2628.010. RCW 46.20.055 Instruction permits and temporary licenses. (1) Any person who is at least fifteen and a half years of age may apply to the department for an instruction permit for the operation of any motor vehicle except a motorcycle. Any person sixteen years of age or older, holding a valid driver's license, may apply for an instruction permit for the operation of a motorcycle. The department may in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant a driver's or motorcyclist's instruction permit. (a) A driver's instruction permit entitles the permittee while having the permit in immediate possession to drive a motor vehicle upon the public highways for a period of one year when accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver. Except as provided in subsection (c) of this subsection, only one additional permit, valid for one year, may be issued (b) A motorcyclist's instruction permit entitles the permittee while having the permit in immediate -possession to drive a motorcycle upon the public highways for a period of ninety days as provided in *RCW 46.20.510(3). Except as provided in subsection (c) of this subsection, only one additional permit, valid for ninety days, may be issued. (c) The department after investigation may issue a third driver's or motorcyclist's instruction permit when it finds that the permittee is diligently seeking to improve driving proficiency. (2) The department may waive the examination, except as to eyesight and other potential physical restrictions, for any applicant who is enrolled in either a traffic safety education course as defined by RCW 28A.220.020(2) or a course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1) at the time the application is being considered by the department. The department may require proof of registration in such a course as it deems necessary. (3) The department upon receiving proper application may in its discretion issue a driver's instruction permit to an applicant who is at least fifteen years of age and is enrolled in a traffic safety education program which includes practice driving and which is approved and accredited by the superin- tendent of public instruction. Such instruction permit shall entitle the permittee having the permit in immediate posses- sion to drive a motor vehicle only when an approved instructor or other licensed driver with at least five years of driving experience, is occupying a seat beside the permittee. (4) The department may in its discretion issue a tempo- rary driver's permit to an applicant for a driver's license permitting the applicant to drive a motor vehicle for a period not to exceed sixty days while the department is completing its investigation and determination of all facts relative to such applicant's right to receive a driver's license. Such permit must be in the permittee's immediate possession while driving a motor vehicle, and it shall be invalid when the pennittee's license has been issued or for good cause has been refused. [1990 c 250 § 34; 1986 c 17 § 1; 1985 c 234 STATUTES ADOPTED BY REFERENCE 46.20.055 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE § 1; 1981 c 260 § 10. Prior. 1979 c 63 § 1; 1979 c 61 § 3; 1969 ex.s. c 218 § 8; 1965 ex.s. c 121 § 7.] *Reviser's note: RCW 46.20.510 was amended by 1989 a 337 § 9, and the previous subsection (3) was renumbered as subsection (2). Severability -1990 c 250: See note following RCW 46.16301. RCW 46.20.070 Juvenile agricultural driving permits. Upon receiving a written application on a form provided by the director for permission for a person under the age of eighteen years to operate a motor vehicle over and upon the public highways of this state in connection with farm work, the director may issue a limited driving permit containing a photograph to be known as a juvenile agricul- tural driving permit, such issuance to be governed by the following procedure: (1) The application must be signed by the applicant and by the applicant's father, mother, or legal guardian. (2) Upon receipt of the application, the director shall cause an examination of the applicant to be made as by law provided for the issuance of a motor vehicle driver's license. (3) The director shall cause an investigation to be made of the need for the issuance of such operation by the applicant. The permit also authorizes the holder to partici- pate in the classroom portion of any traffic safety education course authorized under RCW 28A.220.030 that is offered in the community in which the holder is a resident. Such permit authorizes the holder to operate a motor vehicle over and upon the public highways of this state within a restricted farming locality which shall be described upon the face thereof. A permit issued under this section shall expire one year from date of issue, except that upon reaching the age of eighteen years such person holding a juvenile agricultural driving permit shall be required to make application for a motor vehicle driver's license. The director shall charge a fee of three dollars for each such permit and renewal thereof to be paid as by law provided for the payment of motor vehicle driver's licenses and deposited to the credit of the highway safety fund. The director may transfer this permit from one farming locality to another, but this does not constitute a renewal of the permit. The director may deny the issuance of a juvenile agricultural driving permit to any person whom the director determines to be incapable of operating a motor vehicle with safety to himself or herself and to persons and property. The director may suspend, revoke, or cancel the juvenile agricultural driving permit of any person when in the director's sound discretion the director has cause to believe such person has committed any offense for which mandatory suspension or revocation of a motor vehicle driver's license is provided by law. The director may suspend, cancel, or revoke a juvenile agricultural driving permit when in the director's sound discretion the director is satisfied the restricted character of the permit has been violated. [1997 c 82 § 1; 1985 exs. c 1 § 1; 1979 c 61 § 4; 1969 exs. c 218 § 9; 1969 exs. c 170 § 12-,1967 c 32 § 27; 1963 c 39 19; 1961 c 12 § 46.20.070. Prior. 1947 c 158 § 1, part; 1937 c 188 § 45, part; Rem. Supp. 1947 § 6312-45, part] [521 Effective date -1985 ex.s. a 1: 'This act is necessary for the immediate preservation of the public peace, health. and eatery the support of the state goverment and its existing public institutions, and shall take effect July 1, 1985.' 11985 exs. c 1 § 14.1 RCW 46.20.190 License in immediate possession and displayed on demand. Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. The offense described in this section is a nonmoving offense. [1979 ex.s. c 136 § 56; 1965 ex.s. c 121 § 15; 1961 c 12 § 46.20.190. Prior: 1937 c 188 § 59; RRS § 6312-59; 1921 c 108 § 7, part; RRS § 6369, part.] Effective date—Sevembility�-1979 exs. c 136: See notes following RCW 46.63.010. Driver's license, duty to display under other circumstances: RCW 46.52.010, 46.61.020, 46.61.021. RCW 46.20.220 Unlawful renting of vehicle to unlicensed person --Rental reconL (1) It shalt be unlawful for any person to rent a motor vehicle of any land including a motorcycle to any other person unless the latter person is then duly licensed as a vehicle driver for the kind of motor vehicle being rented in this state or, in case of a nonresident, then that he is duly licensed as a driver under the laws of the state or country of his residence except a nonresident whose home state or country does not require that a motor vehicle driver be licensed; (2) It shall be unlawful for any person to rent a motor vehicle to another person until he has inspected the vehicle driver's license of such other person and compared and verified the signature thereon with the signature of such other person written in his presence; (3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle driver's license of the person renting the vehicle and the date and place when and where such vehicle driver's license was issued. Such record shall be open to inspection by any police officer or anyone acting for the director. [1969 c 27 § 1. Prior. 1967 c 232 § 9; 1967 c 32 § 28; 1961 c 12 § 46.20.220; prior: 1937 c 188 § 63; RRS § 6312-63.] Allowing unauthorized person to drive: RCW 46.16.011, 46.20.344. Helmet requirements when motorcycle, motor -driven cycle, or moped rented: RCW 46.37.535. RCW 46.20.308 Implied consent—License sanctions for test refusal—Procedures. (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonaole grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state While under the influence of intoxicating liquor or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration of 0.02 or more in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that: (a) His or her license, permit, or privilege to drive will be revoked or denied if he or she refuses to submit to the test; (b) His or her license, permit, or privilege to drive will be suspended, revoked, denied, or placed in probationary status if the test is administered and the test indicates the alcohol concentration of the person's breath or blood is 0.10 or more, in the case of a person age twenty-one or over, or 0.02 or more in the case of a person under age twenty-one; and (c) His or her refusal to take the test may be used in a criminal trial. (3) Except as provided in this section, the test adminis- tered shall be of the breath only. If an individual is uncon- scious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested. (4) Any person who is dead, unconscious, or who is Otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section. (5) If, following his or her arrest and receipt of warn- ings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section. [531 46.20.308 (6) If, after arrest and after the other applicable condi- tions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.10 or more if the person is age twenty-one or over, or is 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall: (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive as required by subsection (7) of this section; (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section; (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department; (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department follow- ing a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states: (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration of 0.02 or more; (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was adminis- tered and the results indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and (iii) Any other information that the director may require by rule. (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive or any nonresi- dent operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, denial, or placement in proba- STATUTES ADOPTED BY REFERENCE 46.20.308 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE tionary status to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. (8) A person receiving notification under subsection (6)(b) of this section may, within thirty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be postmarked within thirty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required one hundred dollar fee, the department shall afford the person an opportu- nity for a hearing. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the depart- ment following a blood test. unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were adminis- tered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person was age twenty-one or over at the time of the arrest, or was 0.02 or more if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section. A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 556.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement offices and any other evidence accompanying the report shall be admissible -without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, denial, or placement in probation- ary status either be rescinded or sustained. (9) If the suspension, revocation, denial, or placement in probationary status is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, denied, or placed in probationary status has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the depart- ment in the same manner as an appeal from a decision of a court of limited jurisdiction. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, denial, or placement in probationary status. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, denial, or placement in probationary status as expeditiously as possible. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revoca- tion, denial, or placement in probationary status it may impose conditions on such stay. (10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, denied, or placed in probationary status under subsection (7) of this section, other than as a result of a breath test refusal, and who has not committed an offense within the last five years for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation, denial, or placement in probationary status for at least forty-five days but not more than ninety days. If the court stays the suspension, revocation, denial, or placement in probationary status, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of [541 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE tate stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection. A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled. (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license. [1995 c 332 § 1; 1994 c 275 § 13; 1989 c 337 § 8; 1987 c 22 § 1. Prior: 1986 c 153 § 5; 1986 c 64 § 1; 1985 c 407 § 3; 1983 c 165 § 2; 1983 c 165 § 1; 1981 c 260 § 11; prior: 1979 ex.s. c 176 § 3; 1979 ex.s. c 136 § 59; 1979 c 158 § 151; 1975 1st ex.s. c 287 § 4; 1969 c I § 1 (Initiative Measure No. 242, approved November 5, 1968).] Severability -1995 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 a 332 § 23.] Effective dates -1995 c 332: 'This act shall take effect September 1, 1995, except for sections 13 and 22 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately (May 11, 1995]' 11995 c 332 § 24.] Short fide—Effective date -1994 a 275: See notes following RCW 46.04.015. Effective dates --198S c 407: See note following RCW 46.04.480. Legislative finding, intent -1983 c 165: 'rhe legislature fords that previous attempts to curtail the incidence of driving while intoxicated have been Inadequate. The legislature further fads that property loss, injury, and death caused by drinking drivers have reached unacoeptable levels. This act is intended to convey the seriousness with which the legislature views this Problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment, where appropriate, be in addition to and not in lieu of the sanctions to be applied to all those convicted of driving while intoxicated.' [1983 c 165 § 44.] Effective dates -1983 c 165: -Sections 243 through 12, 14, 16, 18, 22, 24, and 26 of chapter 165, Laws of 1983 shall take effect on January I. 1986. The remainder of chapter 165, Laws of 1983 is necessary for the munedule preservation of the public pace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983. The factor of licensing may immedisWy take such steps as are necessary to insure that all sections of chapter 165, Laws of 1983 am implemented on their respective effective dates.' [1984 a 219 § 1; 1983 c 165 § 47.] Severability -1983 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of 1551 46.20.308 the act or the application of the provision to other persons or circumstances is not affected' [1983 a 165 § 48.] Severability -1979 eits c 176: See note following RCW 46.61502. Effective date—Severability-1979 exs. c 136: See notes following RCW 46.63.010. Severability, implied consent law -1969 c 1: See RCW 4620.911. Liability of medical personnel withdrawing blood: RCW 46.61.508. Refusal of alcohol rest—Admissibility as evidence: RCW 46.61317. RCW 46.20.3101 Implied consent—License sanc- tions, length of. Pursuant to RCW 46.20.308, the depart- ment shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows: (1) In the case of a person who has refused a test or tests: (a) For a first refusal within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, revocation or denial for one year, (b) For a second or subsequent refusal within five years, or for a first refusal where there has been one or more previous incidents within five years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (I)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident. (2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.10 or more: . (a) For a fust incident within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, placement in probationary status as provided in RCW 4620.355; (b) For a second or subsequent incident within five years, revocation or denial for two years. (3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.02 or more: (a) For a first incident within five years, suspension or denial for ninety days; (b) For a second or subsequent incident within five years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer. [1995 c 332 § 3.1 Severability—Effective dates -1995 c 332: See notes following RCW 4620308. RCW 46.20.336 Violations—Penalty. It is a misde- meanor for any person: (1) To display or cause or permit to be displayed or have in his or her possession any fictitious or fraudulently altered driver's license or identicard; (2) To lend his or her driver's license or identicard to any other person or knowingly permit the use thereof by another; (3) To display or represent as one's own any driver's license or identicard not issued to him or her, STATUTES ADOPTED BY REFERENCE 46.20336 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (4) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled; (5) To use a false or fictitious name in any application for a driver's license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application; (6) To permit any unlawful use of a driver's license or identicard issued to him or her. (1990 c 210 § 3; 1981 c 92 § 1; 1965 ex.s. c 121 § 41.) Baler of court Bad in criminal tm$ic offense cases—Mandatory appear- ance—CrRU 3.2. RCW 46.20.338 Display or possession of canceled, revoked, suspended license or identicard. It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identicard. [1990 c 210 § 4.1 RCW 46.20.342 Driving while license suspended or revoked—Penalties--Extension of suspension or revoca- tion. (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section. (a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemean- or. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080. (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of: (i) A conviction of a felony in the commission of which a motor vehicle was used; (ii) A previous conviction under this section; (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances; (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license; (v) A conviction of RCW 46.20.420, relating to the operation of a motor vehicle with a suspended or revoked license; (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle; (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles; (viii) A conviction of RCW 46.61.500, relating to reckless driving; (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs; (x) A conviction of RCW 46.61.520, relating to vehicu- lar homicide; (xi) A conviction of RCW 46.61.522, relating to vehicular assault; (xii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways; (xiii) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running; (xiv) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes; or (xv) An administrative action taken by the department under chapter 46.20 RCW. (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a request- ed hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 4620.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, or (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or any combination of (i) through (vi), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor. (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall: [56]l I STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1) (a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended. [1993 c 501 § 6; 1992 c 130 § 1; 1991 c 293 § 6. Prior: 1990 c 250 § 47; 1990 c 210 § 5; 1987 c 388 § 1; 1985 c 302 § 3; 1980 c 148 § 3; prior. 1979 ex.s. c 136 § 62; 1979 ex.s. c 74 § 1; 1969 c 27 § 2; prior. 1967 ex.s. c 145 § 52; 1967 c 167 § 7; 1965 ex.s. c 121 § 43.] Rales of court: Bail in criminal traffic offense cases—Mandatory appear- ance—CrRIJ 3.2. Severability -1990 c 250: See note following RCW 46.16.301. Effective date--Expiratlon date -1987 c 388 (part): -Sections 1 through 8 of this act shall take effect on July 1, 1988. The director of licensing shall take such steps as arc necessary to insure that this act is implemented on its effective date. Sections 2 through 7 of this act shall expire on July 1, 1993.' 11987 c 388 113.1 Severability -1987 c 388: 'lf any provision of this act or its Application to any person or circumstance is held invalid, the remainder of the ad or the application of the provision to other persons or circumstances is not affected.' 11987 c 388 § 16J Effective date -1980 c 148: See nae following RCW 46.10.090. Effective date—Severability-15r79 exs. c 136: See notes following RCW 46.63.010. RCW 46.20.343 Unlawful to allow unauthorized minor child or ward to drive. No person shall cause or knowingly permit his child or ward under the age of eigh- teen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this chapter. [1965 ex.s. c 121 § 44.1 RCW 46.20.344 Unlawful to allow unauthorized person to drive. No person shall authorize and knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter. [1965 ex.s. c 121 § 45.] Allowing sumthorized person to drive: RCW 46.16.o11. RCW 46.20.391 Occupational driver's license— Application—Eligibility—Restrictions—Cancellation. (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than [571 46.20.342 vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department. (2) An applicant for an occupational driver's license is eligible to receive such license only if: (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and (b) Within five years immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61522; and (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW. (3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title. [1995 c 332 § 12; 1994 c 275 § 29; 1985 c 407 § 5; 1983 c 165 § 24; 1983 c 165 § 23; 1983 c 164 § 4; 1979 c 61 § 13; 1973 c 5 § 1.] Severability—Effective dates -1995 c 332: See notes following RCW 46.20.308. Short titltiEffective date -1994 a 275: See notes following RCW 46.04.015. Effective dates -1985 c 407: See note following RCW 46.04.480. Legislative finding, intent—Effedtve date"everability 1983 c 165: See notes following RCW 46.20308. RCW 46.20.394 Occupational driver's license— Departmental issuance—Detalled restrictions—Violation. In issuing an occupational driver's license under RCW 46.20.391, the department shall describe the type of occupa- tion permitted and shall set forth in detail the specific hours of the day during which the person may drive to and from his place of work, which may not exceed twelve hours in any one day; the days of the week during which the license 46.20394 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE may be useand the general routes over which the person may travel. These restrictions shall b prepared in written d; form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor. [1983 c 165 § 26.1 Legislative finding, intent-AEffective date"evesability-1983 c 165: See notes following RCW 46.20308. RCW 46.20.410 Occupational driver's license— Penalty. Any person convicted for violation of any restric- tion of an occupational driver's license shall in addition to the immediate revocation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment. [1967 c 32 § 34; 1961 c 12 § 46.20.410. Prior. 1957 c 268 § 4.] Rules of court Bail in criminal traffic offense cases—Mandatory appear- ance-CrRU 3.2. RCW 46.20.420 Operation of motor vehicle under other license or permit prohibited while license is sus- pended or revoked—Penalty. Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this title shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. A person who violates the provisions of this section is guilty of a gross misdemean- or. [1990 c 210 § 6; 1985 c 302 § 5-,1967 c 32 § 35; 1961 c 134 § 2.] Ruks of court Bail in criminal traffic o,Q'2nse cases --Mandatory appear- ance.—CrRU 3.2. RCW 46.20.430 Stopping vehicle registered to suspended or revoked driver—Display of license. Any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing, may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his driver's license upon request of the police officer. [1979 c 158 § 152; 1965 ex.s. c 170 § 47.1 RCW 46.20.500 Motorcycle endorsement— Exceptions. No person may drive a motorcycle or a motor - driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles, nor may a person drive a motorcycle of a larger engine displacement than that authorized by such special endorsement or by an instruction permit for such category. However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped No driver's license is required for operation of an electric - assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric -assisted bicycle. [1997 c 328 § 3; 1982 c 77 § 1; 1979 ex.s. c 213 § 6; 1967 c 232 § 1.] Riles of court Monetary penalty schedule—fflR 6.2. Severability -1982 c 77: -If any provision of this act or its application to any person or cirogramaca is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected' [1982 c 77 § 10.] Mopeds operation and safety standards: RCW 46.61.710, 46.61.720. registration: RCW 46.16.630. RCW 46.20.510 Motorcycle (1) om Categories—Ltstrucion permits --Fees. be three categories for the special motorcycle endorsement of a driver's license. Category one shall be for motorcycles or motor -driven cycles having an engine displacement of one hundred fifty cubic centimeters or less. Category two shall be for motorcycles having an engine displacement of five hundred cubic centimeters or less. Category three shall include categories one and two, and shall be for motorcycles having an engine displacement of five hundred one cubic centimeters or more. (2) The department may issue a motorcyclist's instruc- tion permit to an individual who wishes to learn to ride a motorcycle or obtain an endorsement of a larger endorsement category for a period not to exceed ninety days. This motorcyclist's instruction permit may be renewed for an' additional ninety days. The director shall collect a two dollar and fifty cent fee for the motorcyclist's instruction permit or renewal, and the fee shall be deposited in the motorcycle safety education account of the highway safety fund. This permit and a valid driver's license with current endorsement, if any, shall be carried when operating a motorcycle. An individual with amotorcyclist's instruction permit may not carry passengers, may not operate a motor- cycle during the hours of darkness or on a fully -controlled, limited -access facility, and shall be under the direct visual supervision of a person with a motorcycle endorsement of the appropriate category and at least five years' riding experience. [1989 c 337 § 9; 1985 ex.s. c 1 § 9; 1985 c 234 §3;1982c77§3.] Effective date -1985 ext. c 1: See note following RCW 4620.070. Severability -1982 c 77: Sec note following RCW 46.20.500. 1581 RCW 46.20550 Wheelchair conveyances --Special examinations—Restrictions on license --Rules for perfor- mance review. Each operator of a wheelchair conveyance shall undergo a special examination conducted for the purpose of determining whether that person can properly and safely operate the conveyance on public roadways within a specified area. An operator's license issued after the special examination may specify the route, area, time, or other restrictions that are necessary to ensure the safety of the operator as well as the general motoring public. The department shall adopt rules for periodic review of the performance of operators of wheelchair conveyances. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE operation of a wheelchair conveyance in violation of these rules is a traffic infraction. [1983 c 200 § 3.] Severability -1983 c 200: See note following RCW 46.04.710. Wheelchair conveyances definition: RCW 46.04.71a licensing. RCW 46.16.640. public roadways, operating on: RCW 46.61.730. safety standards: RCW 46.37.610. RCW 46.20.720 Ignition interlocks, biological, technical devices—Drivers convicted of alcohol offenses. (Effective until January 1, 1998.) The court may order any person convicted of any offense involving the use, consump- tion, or possession of alcohol while operating a motor vehicle to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, and the restriction shall be for a period of not less than six months. The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. For purposes of this section, convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW. [1994 c 275 § 22; 1987 c 247 § 2.] Short title—Effective date -1994 c 275: See nota following RCW 46.04.015. RCW 46.20.720 Ignition interlocks, biological, technical devices—Drivers convicted of alcohol offenses. (Effective January 1, 1998.) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device. The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW. [1997 c 229 § 8; 1994 c 275 § 22; 1987 c 247 § 2.] Effective date -1997 a 229: See note following RCW 10.05.090. Short dde—Effective date ­1994 c 275: See notes following RCW 46.04.015. RCW 46.20.730 Ignition interlock device --Other biological or technical device—Definitions. (Effective until January 1, 1998.) For the purposes of RCW 46.20.720, 46.20.740, and 46.20.750, "ignition interlock device" means breath alcohol analyzed ignition equipment, certified by the state *commission on equipment, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and "other 46.20.550 biological or technical device" means any device meeting the standards of the National Highway Traffic Safety Adminis- tration or the state *commission on equipment, designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The commission shall by rule provide standards for the certification, installation, repair, and removal of the devices. [1994 c 275 § 23; 1987 c 247 § 3.1 Reviser's tate: (1) This section is recodified as RCW 46.04.215, effective January 1, 1998. *(2) The duties of the commission on equipment were transferred to the state patrol by 1987 a 330 If 701-749. Short titre—weetive date -1994 c 275: See notes following RCW 46.04.015. RCW 46.20.740 Ignition interlocks, biological, technical devices—Notation on driver's license. (Effective until January 1, 1998.) The department shall attach or imprint a notation on the driver's license of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with an ignition interlock or other biological or technical device. [1994 c 275 § 24; 1987 c 247 § 4.1 Short title—Effective date -1994 c 275: See notes following RCW 46.04.015. [591 RCW 46.20.740 Ignition interlocks, biological, technical devices—Notation on driver's license --Penalty. (Effective January 1, 1998.) (1) The department shall attach or imprint a notation on the driver's license of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with an ignition interlock or other biological or technical device. (2) It is a misdemeanor for a person with such a notation on his or her driver's license to operate a motor vehicle that is not so equipped. [1997 c 229 § 10; 1994 c 275 § 24; 1987 c 247 § 4.1 Effective date -1997 c 229: See note following RCW 10.05.090. Short title—Effective date -1994 c 275: See nota following RCW 46.04.015. RCW 46.20.750 Ignition interlocks, biological, technical devices—Assisting another in starting or operating—Penalty. A person who knowingly assists another person who is restricted to the use of an ignition interlock or other biological or technical device to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock or other biologi- cal or technical device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle. [1994 c 275 § 25; 1987 c 247 § 5.1 Short tiUc—FBective date -1994 a 275: See notes following RCW 46.04.015. RCW 46.25.010 Definitions. The definitions set forth in this section apply throughout this chapter. STATUTES ADOPTED BY REFERENCE 46.25.010 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (1) "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol. (2) "Alcohol concentration" means: (a) The number of grams of alcohol per qne hundred milliliters of blood; or (b) The number of grams of alcohol per two hundred ten liters of breath. (3) "Commercial driver's license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual that authorizes the individual to drive a class of commercial motor vehicle. (4) The "commercial driver's license information system" (CDLIS) is the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identifica- tion of commercial motor vehicle drivers. (5) "Commercial driver's instruction permit" means a permit issued under RCW 46.25.060(4). (6) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property: (a) If the vehicle has a gross weight rating of 26,001 or more pounds; (b) If the vehicle is designed to transport sixteen or more passengers, including the driver, (c) If the vehicle is transporting hazardous materials and is required to be identified by a placard in accordance with 49 C.F.R. part 172, subpart F; or (d) If the vehicle is a school bus as defined in RCW 46.04521 regardless of weight or size. (7) "Conviction" has the definition set forth in RCW 46.20.270. (8) "Disqualification" means a prohibition against driving a commercial motor vehicle. (9) "Drive" means to drive, operate, or be in physical control of a motor vehicle in any plate open to the general public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation or physical control of a motor vehicle anywhere in the state. (10) "Drugs" are those substances as defined by RCW 69.04.009. (11) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle. (12) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle, or the registered gross weight, where this value cannot be determined. The GVWR of a combination or articulated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units. (13) "Hazardous materials" has the same meaning found in Section 103 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 at seq.). (14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. (15) "Out -of -service order" means a temporary prohibi- tion against driving a commercial motor vehicle. (16) "Serious traffic violation" means: (a) Excessive speeding, defined as fifteen miles per hour or more in excess of the posted limit; (b) Reckless driving, as defined under state or local law; (c) A violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person; and (d) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking viola- tion, that the department determines by rule to be serious. (17) "State" means a state of the United States and the District of Columbia. (18) 'Tank vehicle" means a vehicle that is designed to transport a liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Tank vehicles include, but are not limited to cargo tanks and portable tanks. However, this definition does not include portable tanks having a rated capacity under one thousand gallons. (19) "United States" means the fifty states and the District of Columbia. [1996 c 30 § 1; 1989 c 178 § 3.1 Effective date -1996 c 30: 'Tws as takes effect October 1, 1996." [1996c30§5.1 [601 RCW 46.25.020 One license limit No person who drives a commercial motor vehicle may have more than one driver's license. [1989 c 178 § 4.] RCW 46.25.030 Duties of driver—Notice to depart- ment and employer. (lea) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the department in the manner specified by rule of the department within thirty days of the date of conviction. (b) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his or her employer in writing of the conviction within thirty days of the date of conviction. (c) The notification requirements contained in (a) and (b) of this subsection as they relate to the federal, provincial, territorial, or municipal laws of Canada become effective only when the federal law or federal rules are changed to require the notification or a bilateral or multilateral agree- ment is entered into between the state of Washington and any Canadian province implementing essentially the same standards of regulation and penalties of all parties as encompassed in this chapter. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (2) A driver whose driver's license is suspended, revoked, or canceled by a state, who loses the privilege to drive a commercial motor vehicle in a state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact (3) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application: (a) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle; (b) The dates between which the applicant drove for each employer, and (c) The reason for leaving that employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. [1989 c 178 § 5.] RCW 46.25.040 Duties of employer. (1) An employ- er shall require the applicant to provide the information specified in RCW 46.25.030(3). (2) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period: (a) In which the driver has a driver's license suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or (b) In which the driver has more than one driver's license. [1989 c 178 § 6.] RCW 46.25.050 Commercial driver's license required—Exceptions, restrictions. (1) Drivers of com- mercial motor vehicles shall obtain a commercial driver's license as required under this chapter by April 1, 1992. The director shall establish a program to convert all qualified commercial motor vehicle drivers by that date. After April 1, 1992, except when driving under a commercial driver's instruction permit and a valid automobile or classified license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person: (a) Who is the operator of a farm vehicle, and the vehicle is: (i) Controlled and operated by a farmer, (ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed'gross vehicle weight, farm machinery, farm supplies, or any combination of those materials to or from a farm; (iii) Not used in the operations of a common or contract motor carrier; and (611 46.25.030 (iv) Used within one hundred fifty miles of the person's farm; or (b) Who is a fire fighter or law enforcement officer operating emergency equipment, and: (i) The fire fighter or law enforcement officer has successfully completed a driver training course approved by the director, and (ii) The fire fighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or (c) Who is operating a recreational vehicle for noncom- mercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for noncommercial purpose. (2) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to disqualification, or in violation of an out -of -service order. Violations of this subsection shall be punished in the same way as violations of RCW 46.20.342(1). [1995 c 393 § 1; 1990 c 56 § 1; 1989 c 178 § 7.1 RCW 46.25.110 Driving with alcohol in system. (1) Notwithstanding any other provision of Title 46 RCW, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his or her system. (2) Law enforcement or appropriate officials shall issue an out -of -service order valid for twenty-four hours against a person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol in his or her system or who refuses to take a test to determine his or her alcohol content as provided by RCW 46.25.120. (1989 c 178 § 13.) RCW 46.25.120 Test for alcohol or drugs— Disqualification for refusal of test or positive tesL (1) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to RCW 46.61.506, to take a test or tests of that person's blood or breath for the purpose of determining that person's alcohol concentration or the presence of other drugs. (2) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol in his or her system. (3) The law enforcement officer requesting the test under subsection (1) of this section shall warn the person requested to submit to the test that a refusal to submit will result in that person being disqualified from operating a commercial motor vehicle under RCW 46.25.090. (4) If the person refuses testing, or submits to a test that discloses an alcohol concentration of 0.04 or more, the law enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to subsection (1) of this section and that the person refused to submit to testing, or submitted to a test that disclosed an alcohol concentration of 0.04 or more. STATUTES ADOPTED BY REFERENCE 46.25.120 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (5) Upon receipt of the sworn report of a law enforce- ment officer under subsection (4) of this section, the depart- ment shall disqualify the driver from driving a commercial motor vehicle under RCW 46.25.090, subject to the hearing provisions of RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle within this state while having alcohol in the person's system, whether the person refused to submit to the test or tests upon request of the officer after having been informed that the refusal would result in the disqualification of the person from driving a commercial motor vehicle, and, if the test was administered, whether the results indicated an alcoholic concentration in that person's blood of 0.04 percent or more. The department shall order that the disqualification of the person either be rescinded or sustained Any decision by the department disqualifying a person from driving a commercial motor vehicle is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the pendency of the hearing and appeal. If the disqualification of the person is sustained after the hearing, the person who is disqualified may file a petition in the superior court of the county of arrest to review the final order of disqualification by the department in the manner provided in RCW 46.20.334. [1990 c 250 § 50; 1989 c 178 § 14.] Severability -1990 c 250: See note following RCW 46.16.301. RCW 46.25.170 Civil and criminal penalties. (1) A person subject to RCW 81.04.405 who is determined by the utilities and transportation commission, after notice, to have committed an act that is in violation of RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or 46.25.110 is liable to Washington state for the civil penalties provided for in RCW 81.04.405. (2) A person who violates or fails to comply with, or who procures, aids, or abets in the violation of any provision of RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or 46.25.110 is guilty of a gross misdemeanor. [1989 c 178 § 19.] RCW 46.29.605 Suspension of registration, notice— Surrender of license plates—Penalties. (1) Whenever the involvement in a motor vehicle accident in this state results in the driving privilege of a person being suspended for failure to pay a judgment or deposit security, the department shall suspend the Washington registration of the motor vehicle if the person driving at the time of the accident was also the registered owner of the motor vehicle. (2) A notice of suspension shall be mailed by fust class mail to the owner's last known address of record in the department and shall be effective notwithstanding the owner's failure to receive the notice. [621 (3) Upon suspension of the registration of a motor vehicle, the registered owner shall surrender all vehicle license plates registered to the vehicle. The department shall destroy the license plates and, upon reinstatement of the registration, shall issue new vehicle license plates as provid- ed in RCW 46.16.270. (4) Failure to surrender license plates under subsection (3) of this section is a misdemeanor punishable by imprison- ment for not less than one day nor more than five days and by a fine of not less than fifty dollars nor more than two hundred fifty dollars. (5) No vehicle license plates or certificate of ownership or registration for a motor vehicle may be issued and no vehicle license may be renewed during the time the registra- tion of the motor vehicle is suspended. (6) Any person who operates a vehicle in this state while the registration of the vehicle is suspended is guilty of a gross misdemeanor and upon conviction thereof shall be imprisoned for not less than two days nor more than five days and fined not less than one hundred dollars nor more than five hundred dollars. [1981 c 309 § 6.] RCW 46.30.010 Legislative intent. It is a privilege granted by the state to operate a motor vehicle upon the highways of this state. The legislature recognizes the threat that uninsured drivers are to the people of the state. In order to alleviate the threat posed by uninsured drivers it is the intent of the legislature to require that all persons driving vehicles registered in this state satisfy the financial responsi- bility requirements of this chapter. By enactment of this chapter it is not the intent of the legislature to modify, amend, or invalidate existing insurance contract terms, conditions, limitations, or exclusions or to preclude insurance companies from using similar terms, conditions, limitations, or exclusions in future contracts. [1989 c 353 § 1.] 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 46.16 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 46.29550, or is coveted by a liability bond of at least the amounts provided in RCW 46.29.090. Written 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 responsi- bility 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 an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance. T STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (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 service. (2) If a person cited for a violation of subsection (1) of this section appears in person before the court 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. 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, submit by mail to the court written evidence that at the time the person was cited, he or she was in compli- ance 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 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 46.16.305(1), governed by RCW 46.16.020, 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, or a moped as defined in RCW 46.04.304. (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. [1991 sp.s. c 25 § 1; 1991 c 339 § 24; 1989 c 353 § 2.] Notice of liability insurance requirement. RCW 46.16.212. RCW 4630.030 Insurance identification card. (1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with an identification card as specified by the department of licensing. At the policyholder's request, the insurer shall provide the policyholder a card for each vehicle covered under the policy. (2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identifi- cation cards to be used for proof of compliance with RCW 46.30.020, including the method for issuance of such identification cards by persons or organizations providing proof of compliance through self-insurance, certificate of deposit, or bond. In adopting such rules the department shall consider the guidelines for insurance identification cards developed by the insurance industry committee on motor vehicle administration. [1989 c 353 § 3.1 RCW 46.30.040 Providing false evidence of finan- cial responsibility—Penalty. Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a misdemeanor. [1991 sp.s. c 25 § 2; 1989 c 353 § 4.] 1631 4630.020 RCW 46.32.060 Moving defective vehicle unlaw- ful—Impounding authorized. It shall be unlawful for any person to operate or move, or for any owner to cause or permit to be operated or moved upon any public highway, any vehicle or combination of vehicles, which is not at all times equipped in the manner required by this title, or the equipment of which is not in a proper condition and adjust- ment as required by this title or rules adopted by the chief of the Washington state patrol. Any vehicle operating upon the public highways of this state and at any time found to be defective in equipment in such a manner that it may be considered unsafe shall be an unlawful vehicle and may be prevented from further opera- tion until such equipment defect is corrected and any peace officer is empowered to impound such vehicle until the same has been placed in a condition satisfactory to vehicle inspection. The necessary cost of impounding any such unlawful vehicle and any cost for the storage and keeping thereof shall be paid by the owner thereof. The impounding of any such vehicle shall be in addition to any penalties for such unlawful operation. The provisions of this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any peace officer or representative of the state patrol. [ 1987 c 330 § 705; 1986 c 123 § 5; 1961 c 12 § 46.32.060. Prior: 1937 c 189 § 12; RRS § 6360-12.] Construction --Application of Hiles--Severability-1987 c 330: See notes following RCW 288.12050. Moving unsafe or noncomplying vehkk: RCW 46.37.010. RCW 4632.070 Inspection of damaged vehicle. If a vehicle required to be inspected becomes damaged or deteriorated in such a manner that such vehicle has become unsafe for operation upon the public highways of this state, it is unlawful for the owner or operator thereof to cause such vehicle to be operated upon a public highway upon its return to service unless such owner or operator presents such vehicle for inspection of equipment within twenty-four hours after its return to service. [1986 c 123 § 6; 1961 c 12 § 46.32.070. Prior: 1937 c 189 § 13; RRS § 6360-13.] RCW 4637.010 Scope and effect of regulations— General penalty. (1) It is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or in regulations issued by the chief of the Washington state patrol, or which is equipped in any manner in violation of this chapter or the state patrol's regulations, or for any person to do any act forbidden or fail to perform any act required under this chapter or the state patrol's regulations. (2) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsis- STATUTES ADOPTED BY REFERENCE 4637.010 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE tent with the provisions of this chapter or the state patrol's regulations. (3) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. (4) No owner or operator of a farm tractor, self-pro- pelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway. (5) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol (6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcy- cles or motor -driven cycles except as herein made applica- ble. (7) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks. (8) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW. (9) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of L-affic infraction unless the vehicle is registered in a jurisdic- tion other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver. (10) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee. [1997 c 241 § 14; 1989 c 178 § 22; 1987 c 330 § 707; 1979 exs. c 136 § 69; 1977 exs. c 355 § 1; 1963 c 154 § 1; 1961 c 12 § 46.37.010. Prior. 1955 c 269 § 1; prior. 1937 c 189 § 14, part; RRS § 6360-14, part; RCW 46.40.010, part; 1929 c 178 § 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS § 6362-19.] Rules of cowl: Monetary penalty schedule—JT1R 6.2. Sevaabllity—Wecdve dates --1989 c 178: See RCW 4625.900 and 46.25.901. Construction—Application of rules--Severability-1987 c 330: See notes following RCW 286.12.050. Effective dste- .Sevetab0ity-1979 exec c 136: See notes following RCW 46.63.010. Severabllity-1977 exs. c 355: "if any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not aff«ted." [1977 exs, c 355 4 57.1 1641 Effective d2tes-1%3 c 154: 'This act shall take effect on January 1, 1964." [ 1963 c 154 § 32.1 Moving defective vehicle: RCW 46.32.060. RCW 46.37.020 When lighted lamps and signaling devices are requited. Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discem- ible at a distance of one thousand feet ahead shall display lighted head lights, other lights, and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, and such stop lights, turn signals, and other signaling devices shall be lighted as prescribed for the use of such devices. [1977 ex.s. c 355 § 2; 1974 ex.s. c 124 § 2; 1963 c 154 § 2; 1961 c 12 § 46.37.020. Prior: 1955 c 269 § 2; prior: 1937 c 189 § 14, part; RRS § 6360-14, part; RCW 46.40.010, part; 1929 c 178 § 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS § 6362-19.] Severability -1977 exs c 355: See note following RCW 4637.010. Effective date -1963 a 154: See note following RCW 46.37.010. Local twenty-four hour headlight policy: RCW 47.04.180. Motorcycles and motor4nven cycles—When headlamps and tail lamps to be lighted: RCW 46.37.522. RCW 46.37.030 Visibility distance and mounted height of lamps. (1) Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in RCW 46.37.020 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated. (2) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (3) No additional lamp, reflective device, or other motor vehicle equipment shall be added which impairs the effec- tiveness of this standard. [1977 exs. c 355 § 3; 1961 c 12 § 46.37.030. Prior. 1955 c 269 § 3; prior. 1937 c 189 § 14, part; RRS § 6360-14, part; RCW 46.40.010, part.] Severability -1977 exs c 355: See note following RCW 4637.010. RCW 4637.040 Head lamps on motor vehicles. (1) Every motor vehicle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter. (2) Every head lamp upon every motor vehicle shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty- four inches to be measured as set forth in RCW 46.37.030(2). [1977 ex.s. c 355 § 4; 1961 c 12 § 46.37.040. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Prior: 1955 c 269 § 4; prior: 1937 c 189 § 15; RRS § 6360-15; RCW 46.40.020; 1933 c 156 § 1, part; 1929 c 178 § 3, part; 1927 c 309 §§ 20, part, 24; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS H 6362-20, part, 6362-24.1 SererabiGty-1977 exs c 355: See note following RCW 4637.010. RCW 46.37.050 Tail lamps. (1) After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in RCW 46.37.020, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, shall have at least one tail lamp. On a combination of vehicles only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. (2) Every tail lamp upon every vehicle shall be located at a height of not mon than seventy-two inches nor less than fifteen inches. (3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. [ 1977 ex.s. c 355 § 5; 1963 c 154 § 3; 1961 c 12 § 46.37.050. Prior. 1955 c 269 § 5; prior: 1947 c 267 § 2, part; 1937 c 189 § 16, part; Rem. Supp. 1947 § 6360-16, part; RCW 46.40.030, part; 1929 c 178 § 7; 1927 c 309 § 27; RRS § 6362-27; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, parr 1915 c 142 § 21, part.] SevembUkY-1977 ex& a 355: See note following RCW 4637.010. Effective date ---1963 a 154: See note following RCW 4637.010. RCW 4637.060 Reflectors. (1) Every motor vehicle, trailer, semitrailer, and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section: PROVIDED, HOWEVER, That vehicles of the types mentioned in RCW 46.37.090 shall be equipped with reflectors meeting the requirements of RCW 46.37.110 and 4637.120. (2) Every such reflector shall be mounted on the vehicle at a height not less than fifteen inches nor more than seventy-two inches measured as set forth in RCW 46.37.030(2), and shall be of such size and characteristics and so mounted as to be visible at night from all distances within six hundred feet to one hundred feet from such vehicle when directly in front of lawful upper beams of bead lamps, except that reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be visible at night from all distances within three hundred and fifty feet to one hundred feu when directly in front of lawful upper beams of head lamps. [1977 ex.s. c 355 § 6; 1963 c 154 § 4; 1961 c 1651 4637.040 12 § 46.37.060. Prior: 1955 c 269 § 6; prior. 1947 c 267 § 2, part; 1937 c 189 § 16, part; Rem. Supp. 1947 § 6360- 16, part; RCW 46.40.030, part. Severability -1977 exs. c 355: See note following RCW 4637.010. Effective date -1963 c 154: See note following RCW 4637.010. RCW 46.37.070 Stop lamps and turn signals required. (1) After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop lamps meeting the requirements of RCW 46.37.200, except that passenger cars manufactured or assembled prior to January 1, 1964, shall be equipped with at least one such stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in RCW 46.37.200(1). (2) After January 1, 1960, every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of RCW 4637.200(2), except that passenger cars, trailers, semitrailers, pole trailers, and trucks less than eighty inches in width, manufactured or assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps. [1977 ex.s. c 355 § 7; 1963 c 154 § 5; 1961 c 12 § 46.37.070. Prior: 1959 c 319 § 32; 1955 c 269 § 7; prior: 1953 c 248 § 2, part; 1947 c 267 § 4, part; 1937 c 189 § 23, part; Rem. Supp. 1947 § 6360-23, part; RCW 46.40.090, part; 1929 c 178 § 1, part; 1927 c 309 § 15, part; RRS § 6362-15, part.] Severability -1977 exs. c 355: See note following RCW 4637.010. Effective d2te-1963 c 154: See note following RCW 46.37.010. RCW 4637.080 Application of succeeding sections. Those sections of this chapter which follow immediately, including RCW 46.37.090, 46.37.100, 46.37.110, 46.37.120, and 46.37.130, relating to clearance lamps, marker lamps, and reflectors, shall apply as stated in said sections to vehicles of the type therein enumerated, namely buses, trucks, truck tractors, and trailers, semitrailers, and pole trailers, respectively, when operated upon any highway, and said vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in RCW 46.37.020. For purposes of the sections enumerated above, a camper, when mounted upon a motor vehicle, shall be considered part of the permanent structure of that motor vehicle. [1977 ex.s. c 355 § 8; 1963 c 154 § 6; 1961 c 12 § 4637.080. Prior. 1955 c 269 § 8; prior. 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part.] Severability --1977 ex L c 355: See nae following RCW 4637.010. Effective date -1%3 c 154: See nae following RCW 4637.010. RCW 4637.090 Additional equipment required on certain vehicles. In addition to other equipment required in RCW 46.37.040, 46.37.050, 46.37.060, and 46.37.070, the following vehicles shall be equipped as herein stated under the conditions stated in RCW 46.37.080, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to the requirements of RCW 46.37.120(1). (1) Buses, trucks, motor homes, and motor vehicles with mounted campers eighty inches or more in over-all width: STATUTES ADOPTED BY REFERENCE 46.37.090 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (a) On the front, two clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [(7)] of this section; (b) On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [(7)] of this section; (c) On each side, two side marker lamps, one at or near the front and one at or near the rear, (d) On each side, two reflectors, one at or near the front and one at or near the rear. (2) Trailers and semitrailers eighty inches or more in over-all width: (a) On the front, two clearance lamps, one at each side; (b) On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [(7)] of this section; (c) On each side, two side marker lamps, one at or near the front and one at or near the rear, (d) On each side, two reflectors, one at or near the front and one at or near the rear: PROVIDED, That a mobile home as defined by RCW 46.04.302 need not be equipped with two side marker lamps or two side reflectors as required 6y subsection (2) (c) and (d) of this section while operated under the terms of a special permit authorized by RCW 46.44.090. (3) Truck tractors: On the front, two cab clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [(7)] of this section. (4) Trailers, semitrailer;, and pole trailers thirty feet or more in over-all length: On each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle: PROVIDED, That a mobile home as defined by RCW 46.04.302 need not be equipped with such side marker lamp or reflector while operated under the terms of a special permit authorized by RCW 46.44.090. (5) Pole trailers: (a) On each side, one amber side marker lamp at or near the front of the load; (b) One amber reflector at or near the front of the load; (c) On the rearmost support for the load, one combina- tion marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer. (6) Boat trailers eighty inches or more in overall width: (a) One on each side, at or near the midpoint, one clearance lamp performing the function of both a front and rear clearance lamp; (b) On the rear, after June 1, 1978, three identification lamps meeting the specifications of subsection (7) of this section; (c) One on each side, two side marker lamps, one at or near the front and one at or near the rear, (d) On each side, two reflectors, one at or near the front and one at or near the rear. (7) Whenever required or permitted by this chapter, identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than 1661 twelve inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical center- line: PROVIDED, HOWEVER, That where the cab of a vehicle is not more than forty-two inches wide at the front roof line, a single identification lamp at the center of the cab shall be deemed to comply with the requirements for front identification lamps. [1977 ex.s. c 355 § 9; 1963 c 154. § 7; 1961 c 12 § 46.37.090. Prior: 1955 c 269 § 9; prior. 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part.] Severability -1977 ars. c 355: See none following RCW 4637.010. Effective date -1963 c 154: See note following RCW 46.37.010. RCW 46.37.100 Color of clearance lamps, side marker lamps, back-up lamps, and reflectors. (1) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. (2) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. (3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop lamp or other signal device, which may be red, amber, or yellow, and except that on any vehicle forty or more years old, the taillight may also contain a blue or purple insert of not more than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber. [1992 c 46 § 1; 1961 c 12 § 46.37.100. Prior. 1955 c 269 § 10; prior. 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part.] RCW 4637.110 Mounting of reflectors, clearance lamps, identification lamps, and side marker lamps. (1) Reflectors when required by RCW 46.37.090 shall be mounted at a height not less than twenty-four incites and not higher than sixty inches above the ground on which the vehicle stands, except that if the highest part of the perma- nent structure of the vehicle is less than twenty-four inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter. (2) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate the extreme height and width of the vehicle. When rear identifi- cation lamps are required and are mounted as high as is practicable, rear clearance lamps may be mounted at optional height, and when the mounting of front clearance lamps STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE results in such lamps failing to indicate the extreme width of the trailer, such lamps may be mounted at optional height but must indicate, as near as practicable, the extreme width of the trailer. Clearance lamps on truck tractors shall be located so as to indicate the extreme width of the truck tractor cab. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both: PROVIDED, That no rear clearance lamp may be combined in any shell or housing with any tail lamp or identification lamp. [1977 ex.s. c 355 § 10; 1961 c 12 § 46.37.110. Prior: 1955 c 269 § 11. prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1,017 c 155 § 15, part.] Severability -1977 exs c 355: See nae following RCW 4637.010. RCW 4637.120 Visibility of reflectors, clearance lamps, Identification lamps, and side marker lamps. (1) Every reflector upon any vehicle referred to in RCW 46.37.090 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful lower beams of head lamps, except that the visibility for reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be measured in front of the lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. (2) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the front and rear, respectively, of the vehicle. (3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the side of the vehicle on which mounted. [1977 ex.s. c 355 § 11; 1963 c 154 § 8; 1961 c 12 § 46.37.120. Prior: 1955 c 269 § 12; prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c % § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part] Severability -1977 ex -s. c 355: See note following RCW 4637.010. Effective date --1963 c 154: See note following RCW 4637.010. RCW 46.37.130 Obstructed lights not required. Whenever motor and other vehicles are operated in combina- tion during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to [671 4637.110 have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. [1961 c 12 § 46.37.130. Prior. 1955 c 269 § 13.] RCW 46.37.140 Lamps, reflectors, and flags on projecting load. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in RCW 46.37.020, two red lamps, visible from a distance of at least five hundred feet to the rear, two red reflectors visible at night from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps, and located so as to indicate maximum width, and on each side one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than four feet beyond its rear, red flags, not less than twelve inches square, marking the extremities of such loads, at each point where a lamp would otherwise be required by this section, under RCW 46.37.020. [1977 ex.s. c 355 § 12; 1963 c 154 § 9; 1961 c 12 § 46.37.140. Prior. 1955 c 269 § 14; prior. 1937 c 189 § 18; RRS § 6360-18; RCW 46.40.050; 1929 c 178 § 11, part; 1927 c 309 § 32, part, RRS § 6362-32, part; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part.] Severability -1977 exs. a 355: See rate following RCW 4637.010. Effective d2te-1963 a 154: See note following RCW 46.37.010. RCW 46.37.150 Lamps on vehicles -Parked or stopped vehicles, lighting requirements. (1) Every vehicle shall be equipped with one or more lamps, which, when lighted, shall display a white or amber light visible from a distance of one thousand feet to the front of the vehicle, and a red light visible from a distance of one thousand feet to the rear of the vehicle. The location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. (2) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of one thousand feet upon such street or highway, no lights need be displayed upon such parked vehicle. (3) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, outside an incorporated city or town, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped with and shall display lamps meeting the require- ments of subsection (1) of this section. (4) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed [1977 ex.s. c 355 § 13; 1963 c 154 § 10; 1961 c 12 § 46.37.150. Prior: 1955 c 269 § 15; prior. 1937 c 189 § 19; RRS § 6360-19; RCW 46.40.060; STATUTES ADOPTED BY REFERENCE 4637.150 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 1933 c 156 § 8; 1929 c 178 § 10; 1927 c 309 § 31; RRS § 6362-31.1 Severability -1977 ex& c 355: See note following RCW 4637.010. Effective date -1963 c 154: See note following RCW 4637.010. RCW 4637.160 Hazard warning lights and reflec- tors on farm equipment—Slow-moving vehicle emblem. (1) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall be equipped with vehicular hazard warning lights of the type described in RCW` 46.37.215 visible from a distance of not less than one thousand feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway. (2) Every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall at all times, and every other motor vehicle shall at times mentioned in RCW 46.37.020, be equipped with lamps and reflectors as follows: (a) At least two headlamps meeting the requirements of RCW 46.37.220, 46.37.240, or 46.37.260; (b) At least one red lamp visible when lighted from a distance of not less than one thousand feet to the rear mounted as far to the left of center of vehicle as practicable; (c) At least two red reflectors visible from all distances within six hundred to one hundred feet to the rear when directly in front of lawful lower beams of headlamps. (3) Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall at all times mentioned in RCW 4637.020 be equipped with lamps and reflectors as follows: (a) The farm tractor element of every such combination shall be equipped as required in subsections (1) and (2) of this section; (b) The towed unit of faun equipment or implement of husbandry element of such combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two red reflectors visible to the rear from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps. One reflector shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the towed unit; (c) If the towed unit or its load obscures either of the vehicle hazard warning lights on the tractor, the towed unit shall be equipped with vehicle hazard warning lights described in subsection (1) of this section. (4) The two red lamps and the two red reflectors required in the foregoing subsections of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them: PROVIDED, That if all other requirements are met, reflective tape or paint may be used in lieu of reflectors required by subsection (3) of this section. (5) After January 1, 1970, every farm tractor and every self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of 1681 twenty-five miles per hour shall at all times be equipped with a slow moving vehicle emblem mounted on the rear except as provided in subsection (6) of this section. (6) After January 1, 1970, every combination of farm tractor and towed farm equipment or towed implement of husbandry normally operating at speeds not in excess of twenty-five utiles per hour shall at all times be equipped with a slow moving vehicle emblem as follows: (a) Where the towed unit is sufficiently large to obscure the slow moving vehicle emblem on the farm tractor, the towed unit shall be equipped with a slow moving vehicle emblem. In such cases, the towing vehicle need not display the emblem; (b) Where the slow moving vehicle emblem on the farm tractor unit is not obscured by the towed unit, then either or both may be equipped with the required emblem but it shall be sufficient if either has it. (7) The emblem required by subsections (5) and (6) of this section shall comply with current standards and specifi- cations as promulgated by the Washington state patrol. [ 1987 c 330 § 708; 1977 ex.s. c 355 § 14; 1969 ex.s. c 281 § 22; 1963 c 154 § 11; 1961 c 12 § 46.37.160. Prior. 1955 c269§ 16.] Construction—Application of rules—Severability-1987 c 330: See notes following RCW 28B.12.050. Severability -1977 ens c 355: See note following RCW 4637.010. Effective date -1963 c 154: See note following RCW 4637.010. RCW 46.37.170 Lamps and reflectors on other vehicles and equipment—Slow-moving vehicle emblem on animal -drawn vehicles. (1) Every vehicle, including animal -drawn vehicles and vehicles referred to in RCW 46.37.010(3), not specifically required by the provisions of RCW 46.37.020 through 46.37.330 to be equipped with lamps, or other lighting devices, shall at all times specified in RCW 46.37.020 be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front of said vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of said vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than one thou- sand feet to the rear and two red reflectors visible from all distances of six hundred to one hundred feet to the rear when illuminated by the lawful lower beams of head lamps. (2) After June 1, 1978, every animal=drawn vehicle shall at all times be equipped with a slow-moving vehicle emblem complying with RCW 4637.160(7). [1977 exs. c 355 § 15; 1963 c 154 § 12; 1961 c 12 § 4637.170. Prior. 1955 c 269 § 17; prior: 1937 c 189 § 21; RRS § 6360-21; RCW 46.40.080; 1927 c 309 § 34; 1921 c 96 § 22, part; 1917 c 40 § 1; RRS § 6362-34.1 Severability --1977 ers a 355: See note following RCW 4637.010. Effective date -1963 c 154: See note following RCW 4637.010. RCW 46.37.180 Spot lamps and auxiliary lamps. (1) Spot lamps. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use. (2) Fog lamps. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height of not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in RCW 46.37.220. (3) Auxiliary passing Imps. Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of RCW 46.37.220 shall apply to any combinations of head lamps and auxiliary passing lamps. (4) Auxiliary driving lamps. Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of RCW 46.37.220 shall apply to any combination of head lamps and auxiliary driving lamps. [1963 c 154 § 13; 1961 c 12 § 46.37.180. Prior. 1955 c 269 § 18; prior. 1949 c 157 § 1; Rem. Supp. 1949 § 6360-22a; RCW 46.40.110, 46.40.120.] Effedive date -1963 c 154: See note following RCW 46.37.010. RCW 4637.184 Red flashing lights on fire depart- ment vehicles. All fire department vehicles in service shall be identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of five hundred feet under normal atmospheric conditions. Such red flashing lights shall be well separated from the headlights so that they will not black out when headlights are on. Such red flashing lights shall be in operation at all times when such vehicle is on emergency status. 11961 c 12 § 46.37.184. Prior: 1953 c 161 § 1. Formerly RCW 46.40.220.] RCW 4637.185 Green light on firemen's private cars. Firemen, when approved by the chief of their respec- tive service, shall be authorized to use a green light on the front of their private cars when on emergency duty only. Such green light shall be visible for a distance of two hundred feet under normal atmospheric conditions and shall be of a type and mounting approved by the Washington state Patrol. The use of the green light shall only be for the Purpose of identification and the operator of a vehicle so equipped shall not be entitled to any of the privileges Provided in RCW 46.61.035 for the operators of authorized emergency vehicles. [1987 c 330 § 709; 1971 ex.s. c 92 § 3; 1961 c 12 146.37.185. Prior. 1953 c 161 § 2. Formerly RCW 46.40.230.] Constmdioo—Application of mles--Severability-1987 c 330: See notes following RCW 2813.12.050. 1691 4637.180 RCW 4637.186 Fire department sign or plate on private car. (1) No private vehicle, bearing a sign or plate indicating a fire department connection, shall be driven or operated on any public highway, except when the owner thereof is a bona fide member of a fire department. (2) Any sign or plate indicating fire department connec- tion on a private car of any member of a fire department shall include the name of the municipality or fire department organization to which the owner belongs. [1961 c 12 § 46.37.186. Prior: 1953 c 161 § 3. Formerly RCW 46.40.240.] RCW 46.37.187 Green light, sign or plate— Identification card required. Any individual displaying a green light as authorized in RCW 46.37.185, or a sign or plate as authorized in RCW 46.37.186, shall also carry attached to a convenient location on the private vehicle to which the green light or sign or plate is attached, an identifi- cation card showing the name of the owner of said vehicle, the organization to which he or she belongs and bearing the signature of the chief of the service involved. [1971 ex.s. c 92 § 2; 1961 c 12 § 46.37.187. Prior: 1953 c 161 § 4. Formerly RCW 46.40.250.] RCW 46.37.188 Penalty for violation of RCW 46.37.184 through 46.37.188. Every violation of RCW 46.37.184, 46.37.185, 46.37.186, or 46.37.187 is a traffic infraction. [1979 ex.s. c 136 § 70; 1961 c 12 § 46.37.188. Prior. 1953 c 161 § 5. Formerly RCW 46.40.260.] Effective date—Severability-1979 ecs. c 136: See notes following RCW 46.63.010. RCW 46.37.190 Warning devices on vehicles— Other drivers yield and stop. (1) Every authorized emergency vehicle shall, in addition to any other equipment and distinctive marking required by this chapter, be equipped with at least one lamp capable of displaying a red light visible from at least five hundred feet in normal sunlight and a siren capable of giving an audible signal. (2) Every school bus and private carrier bus shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with a "stop" signal upon a background not less than fourteen by eighteen inches displaying the word "stop" in letters of distinctly contrasting colors not less than eight inches high, and shall further be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same Ievel and these lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. (3) Vehicles operated by public agencies whose law enforcement duties include the authority to stop and detain motor vehicles on the public highways of the state may be equipped with a siren and lights of a color and type desig- nated by the state patrol for that purpose. The state patrol may prohibit the use of these sirens and lights on vehicles Other than the vehicles described in this subsection. STATUTES ADOPTED BY REFERENCE 4637.190 IN THIN WASHINGTON MODEL TRAFFIC ORDINANCE (4) The lights described in this section shall not be mounted nor used on any vehicle other than a school bus, a private carrier bus, or an authorized emergency or law enforcement vehicle. Optical strobe light devices shall not be installed or used on any vehicle other than an emergency vehicle authorized by the state patrol, a publicly owned law enforcement or emergency vehicle, a department of transpor- tation, city, or county maintenance vehicle, or a public transit vehicle. (a) An "optical strobe light device" used by emergency vehicles means a strobe light device which emits an optical signal at a specific frequency to a traffic control light enabling the emergency vehicle in which the strobe light device is used to obtain the right of way at intersections. (b) An "optical strobe light device" used by department of transportation, city, or county maintenance vehicles means a strobe light device that emits an optical signal at a specific frequency to a traffic control light enabling the department of transportation maintenance vehicle in which the strobe light device is used to perform maintenance tests. (c) An "optical strobe light device" used by public transit vehicles means a strobe light device that emits an optical signal at a specific frequency to a traffic control light enabling the public transit vehicle in which the strobe light device is used to accelerate the cycle of the traffic control light. For the purposes of this section, "public transit vehicle" means vehicles, owned by a governmental entity, with a seating capacity for twenty-five or more persons and used to provide mass transportation. Public transit vehicles operating an optical strobe light will have second degree priority to emergency vehicles when simultaneously ap- proaching the same traffic control light. (5) The use of the signal equipment described herein, except the optical strobe light devices used by public transit vehicles and department of transportation, city, or county maintenance vehicles that are not used in conjunction with emergency equipment, shall impose upon drivers of other vehicles the obligation to yield right of way and stop as prescribed in RCW 46.61.210, 46.61.370, and 46.61.350. [1993 c 401 § 2; 1987 c 330 § 710; 1985 c 331 § 1; 1982 c 101 § 1; 1971 ex.s. c 92 § 1; 1970 ex.s. c 100 § 5; 1965 ex.s. c 155 § 53; 1963 c 154 § 14; 1961 c 12 § 46.37.190. Prior. 1957 c 66 § 1; 1955 c 269 § 19.1 Rules of court: Monetary penalty scheduk—JT1R 6.2. Comstruetlon—Application of rules--Severability-1987 a 330: See notes following RCW 2813.12.1160. RCW 4637.193 Signs on buses. Every school bus and private carrier bus, in addition to any other equipment or distinctive markings required by this chapter, shall bear upon the front and rear thereof, above the windows thereof, plainly visible signs containing only the words "school bus" on a school bus and only the words "private carrier bus" on a private carrier bus in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the requirements of RCW 46.37.190. School districts may affix signs designed according to RCW 46.61.380 informing motorists of the monetary penalty for failure to stop for a school bus when the visual signals are activated. However, a private carrier bus that regularly transports children to and from a private school or in connection with school activities may display the words "school bus" in a manner provided in this section and need not comply with the requirements set forth in the most recent edition of "Specifications for School Buses" published by the superin- tendent of public instruction. [1997 c.80 § 3; 1995 c 141 § 2; 1990 c 241 § 10.] School bus markings: RCW 46.61.380. RCW 46.37.196 Red lights on emergency tow trucks. All emergency tow trucks shall be identified by an intermittent or revolving red light capable of 360° visibility at a distance of five hundred feet under normal atmospheric conditions. This intermittent or revolving red light shall be used only at the scene of an emergency or accident, and it will be unlawful to use such light while traveling to or from an emergency or accident, or for any other purposes. [1977 ex.s. c 355 § 16.1 Severability -1977 ems. c 355: See nae following RCW 46.37.010. RCW 46.37.200 Stop lamps and electric turn signals. (1) Any vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet and on any vehicle manufactured or assembled after January 1, 1964, three hundred feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake, and which may but need not be incorporated with one or more other rear lamps. (2) Any vehicle may be equipped and when required under RCW 4637.070(2) shall be equipped with electric tum signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit amber light: PROVIDED, That on any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may emit white or amber light, or any shade of light between white and amber. The lamp showing to tate rear shall be. mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signal lamps shall be visible from a distance of not less than five hundred feet to the front and rear in normal sunlight. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle. [1977 ex.s. c 355 § 17; 1963 c 154 § 15; 1961 c 12 § 46.37200. Prior. 1955 c 269 § 20; prior. 1953 c 248 § 2, part; 1947 c 267 § 4, parr 1937 c 189 § 23, part; Rem. Supp. 1947 § 6360-23, part; RCW 46.40.090, part; 1929 c 178 § 1, part; 1927 c 309 § 15, parr RRS § 6362-15.] 1701 Severability -1977 ers a 355: See note following RCW 4637.010. Effective date -1963 c 154: See nae following RCW 46.37.010. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 4637.210 Additional lighting equipment. (1) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (2) Any motor vehicle may be equipped with not more than one running -board courtesy lamp on each side thereof which shall emit a white or amber light without glare. (3) Any motor vehicle may be equipped with one or more back-up lamps either separately or in combination with other lamps, but any such back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion. (4) Any vehicle may be equipped with one or more side marker lamps, and any such lamp may be flashed in con- junction with turn or vehicular hazard warning signals. Side marker lamps located toward the front of a vehicle shall be amber, and side marker lamps located toward the rear shall be red. (5) Any vehicle eighty inches or more in ova -all width, if not otherwise required by RCW 46.37.090, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in RCW 46.37.090(7). (6)(a) Every motor vehicle, trailer, semitrailer, truck tractor, and pole trailer used in the state of Washington may be equipped with an auxiliary lighting system consisting of: (i) One green light to be activated when the accelerator of the motor vehicle is depressed; (ii) Not more than two amber lights to be activated when the motor vehicle is moving forward, or standing and idling, but is not under the power of the engine. (b) Such auxiliary system shall not interfere with the operation of vehicle stop lamps or turn signals, as required by RCW 46.37.070. Such system, however, may operate in conjunction with such stop lamps or turn signals. (c) Only one color of the system may be illuminated at any one time, and at all times either the green light, or amber light or lights shall be illuminated when the stop lamps of the vehicle are not illuminated. (d) The green light, and the amber light or lights, when illuminated shall be plainly visible at a distance of one thousand feet to the rear. (e) Only one such system may be mounted on a motor vehicle, trailer, semitrailer, truck tractor, or pole trailer, and such system shall be rear mounted in a horizontal fashion, at a height of not more than seventy-two inches, nor less than twenty inches, as provided by RCW 46.37.050. (f) On a combination of vehicles, only the lights of the rearmost vehicle need actually be seen and distinguished as Provided in subparagraph (d) of this subsection. (g) Each manufacturer's model of such a system as described in this subsection shall be approved by the state Patrol as provided for in RCW 46.37.005 and 46.37.320, before it may be sold or offered for sale in the state of Washington. [1987 c 330 § 712; 1977 ex.s. c 355 § 18; 1975 1st ex.s. c 242 § 1; 1963 c 154 § 16; 1961 c 12 § 46.37.210. Prior. 1955 c 269 § 21; prior. 1937 c 189 § 24; RRS § 6360-24; RCW 46.40.100.] Construction—Application of rules--Severability-1987 c 330: See notes following RCW 2813.12.050, (711 4637.210 Severability -1977 exs. c 355: See note following RCW 4637.010. Effective date -1963 c 154: See note following RCW 46.37.010. RCW 4637.215 Hazard warning lamps. (1) Any vehicle may be equipped with lamps for the purpose of warning other operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing. (2) After June 1, 1978, every motor home, bus, truck, truck tractor, trailer, semitrailer, or pole trailer eighty inches or more in overall width or thirty feet or more in overall length shall be equipped with lamps meeting the require- ments of this section. (3) Vehicular hazard warning signal lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing amber light: PROVM- ED, That on any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may display simulta- neously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet in normal sunlight. [1977 ex.s. c 355 § 19.1 Severability -1977 exs. c 355: See nae following RCW 4637.010. RCW 46.37.220 Multiple -beam road -lighting equipment. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the driver may select at will between distribu- tions of light projected to different elevations, and such lamps may be so arranged that such selection can be made automatically subject to the following limitations: (1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of four hundred fifty feet ahead for all conditions of loading; (2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of one hundred fifty feet ahead; and on a straight level road under any conditions of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver, (3) Every new motor vehicle registered in this state after January 1, 1948, which has multiple -beam road -lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped [1977 exs. c 355 § 20; 1961 c 12 § 46.37.220. Prior: 1955 c 269 § 22; prior: 1947 c 267 § 5, part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS § 6362-22, part.] Severability -1977 exs. c 355: See nae following RCW 4637.010. STATUTES ADOPTED BY REFERENCE 4637.230 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 4637.230 Use of multiple -beam road -lighting equipment. (1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in RCW 46.37.020, the driver shall use a distribu- tion of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (2) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in RCW 46.37.220(2) shall be deemed to avoid glare at all times, regardless of road contour and loading. (3) Whenever the driver of a vehicle approaches another vehicle from the rear within three hundred feet such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in RCW 46.37.220(1). [1963 c 154 § 17; 1961 c 12 § 46.37.230. Prior. 1955 c 269 § 23; prior. 1947 c 267 § 5, part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS § 6362-22, part.] Effective date -1963 c 154: See note following RCW 46.37.010. RCW 46.37.240 Single -beam road -lighting equip- ment. Head lamp systems which provide only a single distribution of light shall be permitted on all farm tractors regardless of date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in lieu of multiple -beam road -lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations: (1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead; (2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. [1977 ex.s. c 355 § 21; 1963 c 154 § 18; 1961 c 12 § 4637.240. Prior. 1955 c 269 § 24; prior. 1947 c 267 § 5, part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS § 6362-22, Part.] Severability --M7 exs. c 355: See nae following RCW 4637.010. Effective date -1963 c 154: See nae following RCW 4637.010. RCW 4637.260 Alternate road lighting equipment. Any motor vehicle may be operated under the conditions specified in RCW 4637.020 when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects one hundred feet ahead in lieu of lamps required in RCW 4637.220 or 4637240. PROVIDED, HOWEVER, That at no time shall it be operated at a speed in excess of twenty miles per hour. [1977 exs. c 355 § 22; 1961 c 12 § U721 46.37.260. Prior. 1955 c 269 § 26; prior: 1937 c 189 § 27; RRS § 6360-27; RCW 46.40.150.1 Severability -1977 Pecs. c 355: See note following RCW 4637.010. RCW 46.37.270 Number of lamps required— Number of additional lamps permitted. (1) At all times specified in RCW 46.37.020, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (2) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of two of any such additional lamps on the front of a vehicle shall be lighted at any one time when upon a highway. [1977 ex.s. c 355 § 23; 1961 c 12 § 46.37.270. Prior: 1955 c 269 § 27; prior: 1937 c 189 § 28; RRS § 6360-28; RCW 46.40.160; 1929 c 178 § 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS § 6362-19.1 Severability -1977 exs. a 355: See note following RCW 46.37.010. RCW 4637.280 Special restrictions on lamps. (1) During the times specified in RCW 46.37.020, any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, warning lamps authorized by the state patrol and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle. (2) Except as required in RCW 46.37.190 no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. (3) Flashing lights are prohibited except as required in RCW 46.37.190, 46.37.200, 46.37.210, 46.37.215, and 46.37.300, and warning lamps authorized by the state patrol. [1987 c 330 § 713; I977 ex.s. c 355 § 24; I963 c 154 § 19; 1961 c 12 § 46.37.280. Prior: 1955 c 269 § 28; prior: 1949 c 157 § 2; 1947 c 267 § 6; 1947 c 200 § 2; 1937 c 189 § 29; Rem. Supp. 1949 § 6360-29; RCW 46.40.170; 1927 c 309 § 33; RRS § 6362-33.1 Construction—Application of rules.—Severability-1987 c 330: See notes following RCW 2811.12.050. SeveraMty-1977 exs. c 355: Sec nae following RCW 4637.010. Effective date -1963 c 154: See note following RCW 46.37.010. RCW 46.37.290 Special lighting equipment on school buses and private carrier buses. The chief of the Washington state patrol is authorized to adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses and private carrier buses consistent with the provisions of this chapter, but supplemental thereto. Such standards and specifications shall correlate with and, so far as possible, conform to the STATUTES ADOPTED BY IN THE WASHINGTON MODEL TRAFFIC ORDINANCE specifications then current as approved by the society of automotive engineers. [1987 c 330 § 714; 1977 c 45 § 1; 1970 ex.s. c 100 § 6; 1961 c 12 § 46.37.290. Prior. 1955 c 269 § 29; prior. 1937 c 189 § 25, part; RRS § 6360-25, part; RCW 46.40.130, part; 1929 c 178 § 3, part; 1927 c 309 § 20, part; RRS § 6362-20, par..] Construction—Application of rules—Severability-1987 c 330: See notes following RCW 2811.12050. School buses—Orossing arms: RCW 46.37.620. RCW 46.37.300 Standards for lights on snow - removal or highway maintenance and service equipment. (1) The state patrol shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow -removal and other highway mainte- nance and service equipment when operated on the highways of this state in lieu of the lamps otherwise required on motor vehicles by this chapter. Such standards and specifications may permit the use of flashing lights for purposes of identification on snow -removal and other highway mainte- nance and service equipment when in service upon the highways. The standards and specifications for lamps referred to in this section shall correlate with and, so far as possible, conform with those approved by the American association of state highway officials. (2) It shall be unlawful to operate any snow -removal and other highway maintenance and service equipment on any highway unless the lamps thereon comply with and are lighted when and as required by the standards and specifica- tions adopted as provided in this section. [1987 c 330 § 715; 1963 c 154 § 20; 1961 c 12 § 46.37.300. Prior. 1955 c 269 § 30.] Construction—Application of rules—Severability-1987 c 330: See notes following RCW 2813.12.050. Effective date -1963 c 154: See note following RCW 46.37.010. RCW 4637310 Selling or using lamps or equip- ment. (1) No person may have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any such vehicle any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required under this chapter, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the state patrol and conforming to rules adopted by it. (2) No person may have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer any lamp or device mentioned in this section conforming to rules adopted by the state Patrol unless such lamp or device bears thereon the trade- mark or name under which it is approved so as to be legible when installed. (3) No person may use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless the lamps are mounted, adjusted, and aimed in accordance with instructions of the state patrol. [1987 c 330 § 716; 1986 c 113 § 1; 1961 c 12 § 46.37.310. Prior. 1955 c 269 § 31; Prior 1937 c 189 § 30; RRS § 6360-30; RCW 46.40.180; 1929 c 178 § 12; 1927 c 309 § 35; RRS § 6362-35.1 1731 4637.290 Construction—Application of rule"everability-1987 c 330: See notes following RCW 288.12050. RCW 46.37.340 Braking equipment required. Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicle operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter. (1) Service brakes—adequacy. Every such vehicle and combination of vehicles, except special mobile equipment as defined in RCW 46.04552, shall be equipped with service brakes complying with the performance requirements of RCW 46.37.351 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation. (2) Parking brakes—adequacy. Every such vehicle and combination of vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so construct- ed onstructed that failure of any one part shall not leave the vehicle without operative brakes. (3) Brakes on all wheels. Every vehicle shall be equipped with brakes acting on all wheels except: (a) Trailers, semitrailers, or pole trailers of a gross weight not exceeding three thousand pounds, provided that: (i) The total weight on and including the wheels of the trailer or trailers shall not exceed forty percent of the gross weight of the towing vehicle when connected to the trailer or trailers; and (ii) The combination of vehicles consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of RCW 46.37.351; (b) Trailers, semitrailers, or pole trailers manufactured and assembled prior to July 1, 1965, shall not be required to be equipped with brakes when the total weight on and including the wheels of the trailer or trailers does not exceed two thousand pounds; (c) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of RCW 46.37.351; STATUTES ADOPTED BY REFERENCE 4637340 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (d) Trucks and truck tractors manufactured before July 25, 1980, and having three or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. Trucks and truck tractors manufactured on or after July 25, 1980, and having three or more axles are required to have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. Such trucks and truck tractors may be equipped with an automatic device to reduce the front -wheel braking effort by up to fifty percent of the normal braking force, regardless of whether or not antilock system failure has occurred on any axle, and: (i) Must not be operable by the driver except upon application of the control that activates the braking system; and (ii) Must not be operable when the pressure that transmits brake control application force exceeds eighty-five pounds per square inch (psi) on air -mechanical braking systems, or eighty-five percent of the maximum system pressure in vehicles utilizing other than compressed air. All trucks and truck tractors having three or more axles must be capable of complying with the performance require- ments of RCW 46.37.351; (e) Special mobile equipment as defined in RCW 46.04.552 and all vehicles designed primarily for off- highway use with braking systems which work within the power train rather than directly at each wheel; (f) Vehicles manufactured prior to January 1, 1930, may have brakes operating on only two wheels. (g) For a forklift manufactured after January 1, 1970, and being towed, wheels need not have brakes except for those on the rearmost axle so long as such brakes, together with the brakes on the towing vehicle, shall be adequate to stop the combination within the stopping distance require- ments of RCW 46.37.351. (4) Automatic trailer brake application upon breakaway. Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a gross weight in excess of three thousand pounds, manufactured or assembled after January 1, 1964, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon break- away from the towing vehicle. (5) Tractor brakes protected. Every motor vehicle manufactured or assembled after January 1, 1964, and used to tow a trailer, semitrailer, or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes. (6) Trailer air reservoirs safeguarded. Air brake systems installed on trailers manufactured or assembled after January 1, 1964, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. (7) Two means of emergency brake operation. (a) Air brakes. After January 1, 1964, every towing vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, and all other vehicles equipped with air controlled brakes, shall be equipped with two means for emergency application of the brakes. One of these means shall apply the brakes automatically in the event of a reduction of the vehicles air supply to a fixed pressure which shall be not lower than twenty pounds per square inch nor higher than forty-five pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate. (b) Vacuum brakes. After January 1, 1964, every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by subsection (8) of this section, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. (8) Single control to operate all brakes. After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer, and every combination of such vehicles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control in the towing vehicle. (9) Reservoir capacity and check valve. (a) Air brakes. Every bus, truck, or truck tractor with air operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily draining accumulated oil or water. (b) Vacuum brakes. After January 1, 1964, every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent. (c) Reservoir safeguarded All motor vehicles, trailers, semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so [74] STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 4637340 safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stoned air or vacuum shall not be depleted by the leak or failure. (10) Warning devices. (a) Air brakes. Every bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the primary supply air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. (b) Vacuum brakes. After January 1, 1964, every truck tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than eight inches of mercury. (c) Combination of warning devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement. [1989 c 221 § 1; 1979 c 11 § 1. Prior: 1977 ex.s. c 355 § 27; 1977 ex.s. c 148 § 2; 1965 ex.s. c 170 § 49; 1963 c 154 § 21; 1961 c 12 § 46.37.340; prior. 1955 c 269 § 34; prior. 1937 c 189 § 34, part; RRS § 6360-34, part; RCW 46.36.020, 46.36.030, part; 1929 c 180 § 6; 1927 c 309 § 16; 1923 c 181 § 5; 1921 c 96 § 23; 1915 c 142 § 22; RRS § 6362-16.] Severability -1977 exs. c 355: See nae following RCW 4637.010. RCW 46.37.351 Performance ability of brakes. Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brakes, shall be capable of: (1) Developing a braking force that is not less than the percentage of its gross weight tabulated herein for its classification, (2) Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated herein for its classification, and (3) Stopping from a speed of twenty miles per hour in not more than the distance tabulated herein for its classifica- tion, such distance to be measured from the point at which movement of the service brake pedal or control begins. Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material. 1751 RCW 46.37.360 Maintenance of brakes—Brake system failure Indicator. (1) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the front and back wheels and to wheels on opposite sides of the vehicle. (2) All passenger cars manufactured on or after January 1, 1968, and other types of vebicles manufactured on or after September 1, 1975, shall be equipped with brake system failure indicator lamps which shall be maintained in good working order. The brake system shall demonstrate good working order and integrity by the application of a force of one hundred twenty-five pounds to the brake pedal for ten seconds without the occurrence of any of the following: Brake system application Braking and force braking as a Deceler- distance Percent- ation in in feet age of gross feet per from an Classification vehicle or second initial of vehicles combination per speed of weight second 20 mp.h. A Passenger vehicles with a seating capacity of 10 people or less including driver, not having a manufacturer's gross vehicle weight rating ............. 52.8% 17 25 B-1 All motorcycles and motor -driven cycles ... 43.5% 14 30 B-2 Single unit vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or less ....... 435% 14 30 C-1 Single unit vehicles with a manufacturer's gross weight rating of more than 10,000 pounds ............ 43.5% 14 40 C-2 Combinations of a two -axle towing vehicle and a trailer with a gross trailer weight of 3,000 pounds or less .. 43.5% 14 40 C-3 Buses, regardless of the number of axles, not having a manufacturer's gross weight rating ... 43.5% 14 40 C-4 All combinations of vehicles in driveaway- towaway operations ... 43.5% 14 40 D All other vehicles and combinations of vehicles ........... 43.5% 14 50 [1963 c 154 § 22.] Erfedive date -1963 c 154: See nae following RCW 46.37.010. 1751 RCW 46.37.360 Maintenance of brakes—Brake system failure Indicator. (1) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the front and back wheels and to wheels on opposite sides of the vehicle. (2) All passenger cars manufactured on or after January 1, 1968, and other types of vebicles manufactured on or after September 1, 1975, shall be equipped with brake system failure indicator lamps which shall be maintained in good working order. The brake system shall demonstrate good working order and integrity by the application of a force of one hundred twenty-five pounds to the brake pedal for ten seconds without the occurrence of any of the following: STATUTES ADOPTED BY REFERENCE 4637.360 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (i) Illumination of the brake system failure indicator lamp; (ii) A decrease of more than eighty percent of service brake pedal height as measured from its free position to the floorboard or any other object which restricts service brake pedal travel; (Iii) Failure of any hydraulic line or other part. (3) Brake hoses shall not be mounted so as to contact the vehicle body or chassis. In addition, brake hoses shall not be cracked, chafed, flattened, abraded, or visibly leaking. Protection devices such as "rub rings" shall not be consid- ered part of the hose or tubing. (4) Disc and drum condition. If the drum is embossed with a maximum safe diameter dimension or the rotor is embossed with a minimum safety thickness dimension, the drum or disc shall be within the appropriate specifications. These dimensions will be found on motor vehicles manufac- tured since January 1, 1971, and may be found on vehicles manufactured for several years prior to that time. If the drums and discs are not embossed the drums and discs shall be within the manufacturer's specifications. (5) Friction materials. On each brake the thickness of the lining or pad shall not be less than one thirty-second of an inch over the rivet heads, or the brake shoe on bonded linings or pads. Brake linings and pads shall not have cracks or breaks that extend to rivet holes except minor cracks that do not impair attachment. Drum brake linings shall be securely attached to brake shoes. Disc brake pads shall be securely attached to shoe plates. (6) Backing plates and caliper assemblies shall not be deformed or cracked. System parts shall not be broken, misaligned, missing, binding, or show evidence of severe wear. Automatic adjusters and other parts shall be assem- bled and installed correctly. [1977 ex.s. c 355 § 28; 1961 c 12 § 46.37.360. Prior: 1955 c 269 § 36; prior. 1951 c 56 § 2, part; 1937 c 189 § 34, part; RRS § 6360-34, part; RCW 46.36.020, 46.36.030, part; 1929 c 180 § 6; 1927 c 309 § 16; 1923 c 181 § 5; 1921 c 96 § 23; 1915 c 142 § 22; RRS § 6362-16.] Severability -1917 ex -s. c 355: See note following RCW 4637.010. RCW 4637365 Hydraulic brake fluid—Defined— Standards and specifications. (1) The term "hydraulic brake fluid" as used in this section shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. (2) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public. (3) The chief of the Washington state patrol shall, in compliance with the provisions of chapter 34.05 RCW, the administrative procedure act, which govern the adoption of rules, adopt and enforce regulations for the administration of this section and shall adopt and publish standards and specifications for hydraulic brake fluid which shall correlate with, and so far as practicable conform to, the then current standards and specifications of the society of automotive engineers applicable to such fluid. (4) No person shall distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with 1761 the requirements of this section and the standard specifica- tions adopted by the state patrol. No person shall service any vehicle with brake fluid unless it complies with the requirements of this section and the standards and specifica- tions adopted by the state patrol. (5) Subsections (3) and (4) of this section shall not apply to petroleum base fluids in vehicles with brake systems designed to use them. [1987 c 330 § 719; 1977 ex.s. c 355 § 29; 1963 c 154 § 24.] Construction—AppUcsition of rules—Severability-1981 a 330: See notes following RCW 28B.12.050. Severability -1977 — c a 355: See nae following RCW 4637.010. Effective date -1963 c 154: See note following RCW 46.37.010. RCW 4637369 Wheels and front suspension. (1) No vehicle shall be equipped with wheel nuts, hub caps, or wheel discs extending outside the body of the vehicle when viewed from directly above which: (a) Incorporate winged projections; or (b) Constitute a hazard to pedestrians and cyclists. For the purposes of this section, a wheel nut is defined as an exposed nut which is mounted at the center or hub of a wheel, and is not one of the ordinary hexagonal nuts which secure a wheel to an axle and are normally covered by a hub cap or wheel disc. (2) Tire rims and wheel discs shall have no visible cracks, elongated bolt holes, or indications of repair by welding. In addition, the lateral and radial runout of each rim bead area shall not exceed one-eighth of an inch of total indicated runout. (3) King pins or ball joints shall not be worn to the extent that front wheels tip in or out more than one-quarter of an inch at the lower edge of the tire. [1977 ex.s. c 355 § 30.1 Severability -1977 ers. a 355: See nae following RCW 46.37.010. Lowering vehicle below legal clearance: RCW 46.61.680. RCW 4637375 Steering and suspension systems. (1) Construction of steering control system. The steering control system shall be constructed and maintained so that no components or attachments, including horn activating . mechanism and trim hardware, can catch the driver's clothing or jewelry during normal driving maneuvers. (2) Maintenance of steering control system. System play, lash, or free play in the steering system shall not exceed the values tabulated herein. Steering wheel diameter Lesch (inches) (inches) 16 or less ................................ 2 18 .................................. 2-1/4 20 .................................. 2-1/2 22 .................................. 2-3/4 (3) Linkage play. Free play in the steering linkage shall not exceed one-quarter of an inch. (4) Other components of the steering system such as the power steering belt, tie rods, or idler arms or Pitman arms shall not be broken, worn out, or show signs of breakage. (5) Suspension condition. Ball joint seals shall not be cut or cracked. Structural parts shall not be bent or dam - STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE aged. Stabilizer bars shall be connected. Springs shall not be broken, or extended by spacers. Shock absorber mount- ings, shackles, and U -bolts shall be securely attached. Rubber bushings shall not be cracked, or extruded out or missing from suspension joints. Radius rods shall not be missing or damaged. (6) Shock absorber system. Shock absorbers shall not be loose from mountings, leak, or be inoperative. (7) Alignment. Toe -in and toe -out measurements shall not be greater than one and one-half times the value listed in the vehicle manufacduees service specification for alignment setting. [1977 ex.s. c 355 § 31.1 Severability -1977 acs. c 3SS: See note following RCW 46.37.010. Lowering vehicle below legal clearance: RCW 46.61.680. RCW 4637.380 Horns, warning devices, and theft alarms. (1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device may emit an unreason- ably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway. (2) No vehicle may be equipped with nor may any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. (3) It is permissible for any vehicle to be equipped with a theft alarm signal device so long as it is so arranged that it cannot be used by the driver as an ordinary warning signal. Such a theft alarm signal device may use a whistle, bell, horn, or other audible signal but shall not use a siren. (4) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type conforming to rules adopted by the state patrol, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach. [1987 c 330 § 720; I986 c 113 § 3; 1977 ex.s. c 355 § 32; 1961 c 12 § 46.37.380. Prior. 1955 c 269 § 38; prior. 1937 c 189 § 35; RRS § 6360-35; RCW 4636.040.] Construction --Application of rules—Severability-1987 a 330: See totes following RCW 2813.12.050. Seve abillty-1977 ers. c 3S5: See nae following RCW 4637.010. Motorcycles and motor -driven cycles—Additional requirements and limitations: Rt: W 46.37539. RCW 4637390 Mufflers, prevention of noise— Smoke and afr contaminants—Standards—Definitions. (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway. 4637.375 (2)(a) No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971, shall dis- charge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is: (i) As dark as or darker than the shade designated as No. I on the Ringelmann chart, as published by the United States bureau of mines; or (ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a)(i) above. (b) No motor vehicle fust sold and registered prior to January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contami- nant for a period of more than ten seconds which is: (i) As dark as or darker than the shade designated as No. 2 on the Ringelmann chart, as published by the United States bureau of mines; or (ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (b)(i) above. (c) For the purposes of this subsection the following definitions shall apply: (i) "Opacity" means the degree to which an emission reduces the transmission of light and obscures the view of an object in the background; (ii) "Ringelmann chart" means the Ringelmann smoke chart with instructions for use as published by the United States bureau of mines in May 1967 and as thereafter amended, information circular 7718. (3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. [1977 ex.s. c 355 § 33; 1972 ex.s. c 135 § 1; 1967 c 232 § 3; 1961 c 12 § 46.37.390. Prior. 1955 c 269 § 39; prior: 1937 c 189 § 36; RRS § 6360-36; RCW 46.36.050; 1927 c 309 § 17; 1921 c 96 § 21; 1915 c 142 § 20; RRS § 6362-17.] Rales of court: Monetary penalty schedule If1R 6.2. Severability -1977 es_s. c 355: See note following RCW 46.37.010. Motorcycles and motor -driven cycles—Additional requirements and limitations: RCW 46.37539. RCW 4637.400 Mirrors. (1) Every motor vehicle shall be equipped with a mirror mounted on the left side of the vehicle and so located to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle. (2) Every motor vehicle shall be equipped with an additional mirror mounted either inside the vehicle approxi- mately in the center or outside the vehicle on the right side and so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle. (3) All mirrors required by this section shall be main- tained in good condition. [1977 ex.s. c 355 § 34; 1963 c STATUTES ADOPTED BY REFERENCE 4637.400 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 154 § 25; 1961 c 12 § 46.37.400. Prior: 1955 c 269 § 40; prior. 1937 c 189 § 37; RRS § 6360-37; RCW 46.36.060.1 Severability -1977 exs c 355: Swum following RCW 4637.010. Effective date.—l%3 c 154: See now following RCW 4637.016. Motorcycles and motor driven cycles Additional requirements and limitations: RCW 46.37.539. RCW 4637.410 Windshields required, exception— Must be unobstructed and equipped with wipers. (1) All motor vehicles operated on the public highways of this state shall be equipped with a front windshield manufactured of safety glazing materials for use in motor vehicles in accor- dance with RCW 46.37.430, except, however, on such vehicles not so equipped or where windshields are not in use, the operators of such vehicles shall wear glasses, goggles, or face shields pursuant to RCW 46.37.530(1)(b). (2) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway. (3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. After January 1, 1938, it shall be unlawful for any .person to operate a new motor vehicle first sold or delivered afterthat date which is not equipped with such device or devices in good working order capable of cleaning the windshield thereof over two separate arcs, one each on the left and right side of the windshield, each capable of cleaning a surface of not less than one hundred twenty square inches, or other device or devices capable of accom- plishing substantially the same result. (4) Every windshield wiper upon a motor vehicle shall be maintained in good working order. [1977 ex.s. c 355 § 35; 1961 c 12 § 46.37.410. Prior. 1955 c 269 § 41; prior. (i) 1937 c 189 § 38; RRS § 6360-38; RCW 46.36.070. (ii) 1937 c 189 § 39; RRS § 6360-39; RCW 46.36.080.] Severability -1971 exs. c 355: See nae following RCW 4637.010. RCW 46.37.420 Tires—Restrictions. (1) It is unlawful to operate a vehicle upon the public highways of this state unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary -use spare tines that meet federal standards that are installed and used in accordance with the manufacturer's instructions. (2) No tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances that will not injure the highway, and except also that it is permissible to use tire chains or metal studs imbedded within the tee of reasonable proportions and of a type conforming to rules adopted by the state patrol, upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st. The state department of transportation may, from time to time, determine addition- al periods in which the use of tiers with metal studs imbed- ded therein is lawful. (3) The state department of transportation and local authorities in their respective jurisdictions may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section. (4) Tires with metal studs imbedded therein may be used between November 1st and April 1st upon school buses and fire department vehicles, any law or regulation to the contrary notwithstanding. [1990 c 105 § 1; 1987 c 330 § 721; 1986 c 113 § 4; 1984 c 7 § 50; 1971 ex.s. c 32 § 1; 1969 ex.s. c 7 § 1; 1961 c 12 § 46.37.420. Prior. 1955 c 269 § 42; prior. (i) 1937 c 189 § 41; RRS § 6360-41; RCW 46.36.100. (ii) 1937 c 189 § 42; RRS § 6360-42; RCW 46.36.120; 1929 c 180 § 7; 1927 c 309 § 46; RRS § 6362- 46.1 Construction—Application of rules--Severability-1987 c 330: See note following RCW 286.12.050. Severability -1984 a 7: See note following RCW 47.01.141. Dangerous road conditions requiring special tires, chains, metal studs: RCW 47.36.250. Motorcycles and motor -driven cycles—Additional requirements and limitations: RCW 46.37.539 us) RCW 4637.423 Pneumatic passenger car tires— Standards—Exception for off-highway use—Penalty. No person, firm, or corporation shall sell or offer for sale for use on the public highways of this state any new pneumatic passenger car tire which does not meet the standards established by federal motor vehicle safety standard No. 109, as promulgated by the United States department of transpor- tation under authority of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407). The applicable standard shall be the version of standard No. 109 in effect at the time of manufacture of the tire. It is a traffic infraction for any person, firm, or corpora- tion to sell or offer for sale any new pneumatic passenger car tire which does not meet the standards prescribed in this section unless such tires are sold for off-highway use, as evidenced by a statement signed by the purchaser at the time of sale certifying that he is not purchasing such tires for use on the public highways of this state. [1979 exs. c 136 § 71; 1971 c 77 § 1.] Effective date-Seve abluty-1979 exs c 136: See nota following RCW 46.63.010. RCW 46.37.424 Regrooved tires—Standards— Exception for off-idghway use—Penalty. No person, firm, or corporation shall sell or offer for sale any regrooved tiro or shall tegroove any tee for use on the public highways of this state which does not meet the standard established by federal motor vehicle standard part 569—tegrooved tires, as promulgated by the United States department of transporta- tion under authority of the National Traffic and Motor STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407). The applicable standard shall be the version of the federal regrooved tire standard in effect at the time of regrooving- It is a traffic infraction for any person, firm, or corpora- tion to sell or offer for sale any regrooved tire or shall regroove any tire which does not meet the standards pre- scriber) in this section unless such dues are sold or regrooved for off-highway use, as evidenced by a statement signed by the purchaser or regroover at the time of sale or regrooving certifying that he is not purchasing or regrooving such tires for use on the public` highways of this state. [1979 ex.s. c 136 § 72; 1977 ex.s. c 355 § 36; 1971 c 77 § 2.] Effective date--Severability-1979 era. a 136: See notes following RCW 46.63.010. Sevewbility-1977 exs. a 355: See note following RCW 4637.010. RCW 46.37.425 Tires—Unsafe—State patrol's authority—Penalty. No person shall drive or move or cause to be driven or moved any vehicle, the tires of which have contact with the driving surface of the road, subject to registration in this state, upon the public highways of this state unless such vehicle is equipped with tires in safe operating condition in accordance with requirements estab- lished by this section or by the state patrol. The state patrol shall promulgate rules and regulations setting forth requirements of safe operating condition of tires capable of being employed by a law enforcement officer by visual inspection of tires mounted on vehicles including visual comparison with simple measuring gauges. These rules shall include effects of tread wear and depth of tread. A tine shall be considered unsafe if it has: (1) Any ply or cord exposed either to the naked eye or when cuts or abrasions on the tire are probed; or (2) Any bump, bulge, or knot, affecting the tire struc- ture; or (3) Any break repaired with a boot; or (4) A tread depth of less than 2132 of an inch measured in any two major tread grooves at three locations equally spaced around the circumference of the tire, or for those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two major tread grooves at three locations equally spaced around the circumference of the tire; or (5) A legend which indicates the tire is not intended for use on public highways such as, "not for highway use" or "for racing purposes only"; or (6) Such condition as may be reasonably demonstrated to render it unsafe; or (7) If not matched in fire size designation, construction, and profile to the other tire and/or tires on the same axle, except for temporary -use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions. No person, film, or corporation shall sell any vehicle for use on the public highways of this state unless the vehicle is equipped with tires that are in compliance with the provi- sions of this section. If the tires are found to be in violation [791 46.37.424 of the provisions of this section, the person, firm, or corpora- tion selling the vehicle shall cause such tires to be removed from the vehicle and shall equip the vehicle with tires that are in compliance with the provisions of this section. It is a traffic infraction for any person to operate a vehicle on the public highways of this state, or to sell a vehicle for use on the public highways of this state, which is equipped with a tire or tires in violation of the provisions of this section or the rules and regulations promulgated by the state patrol hereunder. PROVIDED, HOWEVER, That if the violation relates to items (1) to (7) inclusive of this section then the condition or defect must be such that it can be detected by a visual inspection of tires mounted on vehicles, including visual comparison with simple measuring gauges. (1990 c 105 § 2; 1987 c 330 § 722; 1979 ex.s. c 136 § 73; 1977 ex.s. c 355 § 37; 1971 c 77 § 3.) Construdion—Application of rules—Severability-1987 c 330: See nates following RCW 28B.12.050. Effective date—Severability-1979 ex& c 136: See notes following RCW 46.63.010. Severability -1971 exs a 355: See note following RCW 4637.010. Effective date -1971 c 77: 'The provisions of RCW 4637.425 shall have an effective date of January 1, 1972, but the state commission on equipment shall have the authority to proceed with the promulgation of the rules and regulations provided for in RCW 46.37.425 so the rules and regulations may have an effective date of January 1. 1972.' [1971 a 77 § 4.] RCW 46.37.430 Safety glazing- Sunscreening or coloring. (1) No person may sell any new motor vehicle as specified in this title, nor may any new motor vehicle as specified in this title be registered unless such vehicle is equipped with safety glazing material of a type that meets or exceeds federal standards, or if there are none, standards approved by the Washington state patrol. The foregoing provisions apply to all passenger -type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material apply to all glazing material used in doors, windows, and windshields in the drivers' compart- ments of such vehicles except as provided by subsection (4) of this section. (2) The term "safety glazing materials" means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be tracked or broken. (3) The director of licensing shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and he or she shall suspend the registration of any motor vehicle so subject to this section which the director finds is not so equipped until it is made to conform to the requirements of this section. (4) No person may sell or offer for sale, nor may any Person operate a motor vehicle registered in this state which is equipped with, any camper manufactured after May 23, 1969, unless such camper is equipped with safety glazing material of a type conforming to rules adopted by the state STATUTES ADOPTED BY REFERENCE 4637.430 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE patrol wherever glazing materials are used in outside windows and doors. (5) No film sunscreening or coloring material that reduces light transmittance to any degree may be applied to the surface of the safety glazing material in a motor vehicle unless it meets the following standards for such material: (a) The maximum level of film sunscreening material to be applied to any window, except the windshield, shall have a total reflectance of thirty-five percent or less, plus or minus three percent, and a light transmission of thirty-five percent or more, plus or minus three percent, when measured against clear glass resulting in a minimum of twenty-four percent light transmission on AS -2 glazing where the vehicle is equipped with outside rearview mirrors on both the right and left. Installation of more than a single sheet of film sunscreening material to any window is prohibited. The same maximum levels of film sunscreen material may be applied to windows to the immediate right and left of the driver on limousines and passenger buses used to transport persons for compensation and vehicles identified by the manufacturer as multi -use, multipurpose, or other similar designation. All windows to the rear of the driver on such vehicles may have film sunscreening material applied that has less than thirty-five percent light transmittance, if the light reflectance is thirty-five percent or less and the vehicle is equipped with outside rearview mirrors on both the right and left A person or business tinting windows for profit who tints windows within restricted areas of the glazing system shall supply a sticker to be affixed to the driver's door post, in the area adjacent to the manufacturer's identifi- cation tag. Installation of this sticker certifies that the glazing application meets this chapter's standards for light transmission, reflectance, and placement requirements. Stickers must be no smaller than three-quarters of an inch by one and one-half inches, and no larger than two inches by two and one-half inches. The stickers must be of sufficient quality to endure exposure to harsh climate conditions. The business name and state tax identification number of the installer must be clearly visible on the sticker. (b) A greater degree of light reduction is permitted on all windows and the top six inches of windshields of a vehicle operated by or carrying as a passenger a person who possesses a written verification from a licensed physician that the operator or passenger must be protected from exposure to sunlight for physical or medical reasons. (c) Windshield application. A greater degree of light reduction is permitted on the top six-inch area of a vehicle's windshield Clear film sunscreening material that reduces or eliminates ultraviolet light may be applied to windshields. (d) When film sunscreening material is applied to any window except the windshield, outside mirrors on both the left and right sides shall tie located so as to reflect to the driver a view of the roadway, through each mirror, a distance of at least two hundred feet to the rear of the vehicle. (e) The following types of film sunscreening material are not permitted: (i) Mirror finish products; (ii) Red, gold, yellow, or black material; or ('iii) Film sunscreening material that is in liquid preap- plication form and brushed or sprayed on. Nothing in this section prohibits the use of shaded or heat -absorbing safety glazing material in which the shading or heat -absorbing characteristics have been applied at the time of manufacture of the safety glazing material and which meet federal standards and the standards of the state patrol for such safety glazing materials. (6) It is a traffic infraction for any person to operate a vehicle for use on the public highways of this state, if the vehicle is equipped with film sunscreening or coloring material in violation of this section. (7) Owners of vehicles with film sunscreening material applied to windows to the rear of the driver, prior to June 7, 1990, must comply with the requirements of this section and RCW 46.37.435 by July 1, 1993. [1993 c 384 § 1; 1990 c 95 § 1; 1989 c 210 § 1; 1987 c 330 § 723; 1986 c 113 § 5; 1985 c 304 § 1; 1979 c 158 § 157; 1969 ex.s. c 281 § 47; 1961 c 12 § 46.37.430. Prior: 1955 c 269 § 43; prior: 1947 c 220 § 1; 1937 c 189 § 40; Rem. Supp. 1947 § 6360- 40; RCW 46.36.090.1 Construction ---Application of rules—Severability-1987 c 330: See notes Mowing RCW 28B.12.050. [901 RCW 4637.435 Sunscreening, unlawful installation, penalty. From June 7, 1990, a person who installs safety glazing or film sunscreening material in violation of RCW 46.37.430 is guilty of unlawful installation of safety glazing or film sunscreening materials. Unlawful installation is a misdemeanor. [1990 c 95 § 2.] RCW 46.37.440 Flares or other warning devices requited on certain vehicles. (1) No person may operate any motor truck, passenger bus, truck tractor, motor home, or travel trailer over eighty inches in overall width upon any highway outside the corporate limits of municipalities at any time unless there is carried in such vehicle the following equipment except as provided in subsection (2) of this section: (a) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet under normal atmospheric conditions at nighttime. No flare, fusee, electric lantern, or cloth warning flag may be used for the purpose of compliance with this section unless such equipment is of a type which has been submitted to the state patrol and conforms to rules adopted by it No portable reflector unit may be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within six hundred feet to one hundred feet under normal atmospheric condi- tions at night when directly in front of lawful upper beams of head lamps, and unless it is of a type which has been submitted to the state patrol and conforms to toles adopted by it; (b) At least three red -burning fusees unless red electric lanterns or red portable emergency reflectors are carried; (c) At least two red -cloth flags, not less than twelve inches square, with standards to support such flags. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (2) No person may operate at the time and under conditions stated in subsection (1) of this section any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases or liquefied gases, or any motor vehicle using compressed gas as a fuel unless there is carried in such vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsection (1) of this section, and there shall not be carried in any said vehicle any flares, fusees, or signal produced by flame. (1987 c 330 § 724; 1986 c 113 § 6; 1977 ex.s. c 355 § 38; 1971 ex.s. c 97 § 1; 1961 c 12 § 46.37.440. Prior. 1955 c 269 § 44; prior. 1947 c 267 § 7, part; Rem. Supp. 1947 § 6360-32a, part; RCW 46.40.210, part.) Construction—Application of rule"everability-1987 c 330: See notes following RCW 28B.12.050. Severability -1977 ex s. c 355: See note following RCW 4637.010. RCW 46.37.450 Disabled vehicle—Display of warning devices. (1) Whenever any motor truck, passenger bus, truck tractor over eighty inches in overall width, trailer, semitrailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside any municipality at any time when lighted lamps are required on vehicles, the driver of such vehicle shall display the follow- ing warning devices upon the highway during the time the vehicle is so disabled on the highway except as provided in subsection (2) of this section: (a) A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic. (b) As soon thereafter as possible but in any event within the burning period of the fusee (fifteen minutes), the driver shall place three liquid-buming flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the traveled portion of the highway in the following order: (i) One, approximately one hundred feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane. (ti) One, approximately one hundred feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle. (iii) One at the traffic side of the disabled vehicle not less than ten feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subdivi- sion (a) of this subsection, it may be used for this purpose. (2) Whenever any vehicle referred to in this section is disabled within five hundred feet of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than five hundred feet from the disabled vehicle. (3) Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate [81] 4637.440 warning devices prescribed in subsections (1) and (5) of this section shall be placed as follows: One at a distance of approximately two hundred feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; one at a distance of approximately one hundred feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and one at the traffic side of the vehicle and approxi- mately ten feet from the vehicle in the direction of the nearest approaching traffic. (4) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside any municipality at any time when the display of fusees, flares, red electric lanterns, or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the vehicle. (5) Whenever any motor vehicle used in the transporta- tion of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this state at any time or place mentioned in subsection (1) of this section, the driver of such vehicle shall immediately display the follow- ing warning devices: One red electric lantern or portable red emergency reflector placed on the roadway at the traffic side• of the vehicle, and two red electric lanterns or portable red reflectors, one placed approximately one hundred feet to the front and one placed approximately one hundred feet to the rear of this disabled vehicle in the center of the traffic lane occupied by such vehicle. Flares, fusees, or signals pro- duced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection. (6) Whenever any vehicle, other than those described in subsection (1) of this section, is disabled upon the traveled portion of any highway or shoulder thereof outside any municipality, the state patrol or the county sheriff shall, upon discovery of the disabled vehicle, place a reflectorized warning device on the vehicle. The warning device and its placement shall be in accordance with rules adopted by the state patrol. Neither the standards for, placement or use of, nor the lack of placement or use of a warning device under this subsection gives rise to any civil liability on the part of the state of Washington, the state patrol, any county, or any law enforcement agency or officer. (7) The flares, f lsees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of RCW 46.37.440 applicable thereto. (1987 c 330 § 725; 1987 c 226 § 1; 1984 c 119 § 1; 1961 c 12 § 46.37.450. Prior. 1955 c 269 § 45; prior. 1947 c 267 § 7, part; Rem. Supp. 1947 § 6360-32a, part; RCW 46.40.210, part.] Reviser's note: This section was amended by 1987 c 226 j 1 and by 1987 c 330 j 725, each without tefetena w the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, we RCW 1.12.025(1). STATUTES ADOPTED BY REFERENCE 4637.450 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Construction—Application of rules -.Severability -1987 c 330: Sec notes following RCW 2813.12.050. RCW 4637.460 Vehicles transporting explosives. Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section. (1) Said vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "danger" in white letters six inches high. (2) Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. [1961 c 12 § 46.37.460. Prior: 1955 c 269 § 46.] RCW 4637.465 Fuel system. (1) The fuel system shall be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public. Fuel tanks shall be equipped with approved caps. (2) There shall be no signs of leakage from the carbure- tor or the fuel pump or the fuel hoses in the engine compart- ment or between the fuel tank and the engine compartment. (3) No person shall operate any motor vehicle upon the public highways of this state unless the fuel tank is securely attached and so located that another vehicle would not be exposed to direct contact with the fuel tank in the event of a rear end collision. [1977 exs. c 355 § 39.1 Severability -1977 exs. a 355: See note following RCW 4637.010. RCW 46.37.467 Alternative fuel source—Placard required. (1) Every automobile, truck, motorcycle, motor home, or off-road vehicle that is fueled by an alternative fuel source shall bear a reflective placard issued by the national fire protection association indicating that the vehicle is so fueled. Violation of this subsection is a traffic infraction. (2) As used in this section "alternative fuel source" includes propane, compressed natural gas, liquid petroleum gas, or any chemically similar gas but does not include gasoline or diesel fuel. (3) If a placard for a specific alternative fuel source has not been issued by the national fire protection association, a placard issued by the chief of the Washington state patrol, through the director of fire protection, shall be required. The chief of the Washington state patrol, through the director of fine protection, shall develop rules for the design, size, and placement of the placard which shall remain effective until a specific placard is issued by the national fire protection association. [1995 c 369 § 23; 1986 c 266 § 88; 1984 c 145 § 1; 1983 c 237 § 2.1 Effective date -1995 c 369: Sec now following RCW 43.43.930. Severability -1986 a 266: See note following RCW 3832.005. TASIslative 5uding-1983 a 237: 'The legislature fords that vehicles using alternative fuel son= such as propane, compressed natural gas, liquid petroleum gas, or other hydrocarbon gas fuels requite fire fighters to use a different technique if the vehicles catch fire. A reflective placard on such vehicles would warn fire fighters of the danger so they could react property" [1983 a 237 § 1.] RCW 46.37.470 Air-conditioning equipment. (1) The term "air-conditioning equipment" as used or referred to in this section shall mean mechanical vapor compression refrigeration equipment which is used to cool the driver's or passenger compartment of any motor vehicle. (2) Such equipment shall be manufactured, installed and maintained with due regard for the safety of the occupants of the vehicle and the public and shall not contain any refrigerant which is toxic to persons or which is flammable. (3) The state patrol may adopt and enforce safety requirements, regulations and specifications consistent with the requirements of this section applicable to such equipment which shall correlate with and, so far as possible, conform to the current recommended practice or standard applicable to such equipment approved by the society of automotive engineers. (4) No person shall have for sale, offer for sale, sell or equip any motor vehicle with any such equipment unless it complies with the requirements of this section. (5) No person shall operate on any highway any motor vehicle equipped with any air-conditioning equipment unless said equipment complies with the requirements of this section. [1987 c 330 § 726; 1961 c 12 § 46.37.470. Prior. 1955 c 269 § 47.] Construction—Application of rules—Severability-1987 c 330: See notes following RCW 2813.12.050. 1821 RCW 4637.480 Television viewers --Earphones. (1) No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiv- ing a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle. This subsection does not apply to law enforcement vehicles communicating with mobile computer networks. (2) No person shall operate any motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio broadcast or playing a sound recording for the purpose of transmitting a sound to the human auditory senses and which headset or earphones muffle or exclude other sounds. This subsection does not apply to students and instructors participating in a Washington state motorcycle safety program. (3) This section does not apply to authorized emergency vehicles, motorcyclists wearing a helmet with built-in headsets or earphones as approved by the Washington state patrol, or motorists using hands -five, wireless communica- tions systems, as approved by the equipment section of the Washington state patrol. [1996 c 34 § 1; 1991 c 95 § 1; 1988 c 227 § 6; 1987 c 176 § 1; 1977 ex.s. c 355 § 40; 1961 c 12 § 46.37.480. Prior: 1949 c 196 § 11; Rem. Supp. 1949 § 6360-98d. Formerly RCW 46.36.150.] Severability -1988 a 227: Sc. RCW 46.B1A.900. Severability -1977 errs. c 355: See note following RCW 4637.010. RCW 46.37.490 Safety load chains and devices required. It shall be unlawful to operate any vehicle upon the public highways of this state without having the load thereon securely fastened and protected by safety chains or STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE other device. The chief of the Washington state patrol is hereby authorized to adopt and enforce reasonable rules and regulations as to what shall constitute adequate and safe chains or other devices for the fastening and protection of loads upon vehicles. [1987 c 330 § 727; 1961 c 12 § 46.37.490. Prior. 1937 c 189 § 43; RRS § 6360-43; 1927 c 309 § 18; RRS § 6362-18. Formerly RCW 46.36.110.] Construction—Application of rules--Severability-1987 c 330: See notes following RCW 2813.12.050. RCW 46.37.495 Safety chains for towing. (1) "Safety chains" means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connect- ing system, as prescribed by rule of the Washington state patrol. (2) The term "safety chains" includes chains, cables, or wire ropes, or an equivalent flexible member meeting the strength requirements prescribed by rule of the Washington state patrol. (3) A tow truck towing a vehicle and a vehicle towing a trailer must use safety chains. Failure to comply with this section is a class 1 civil infraction punishable under RCW 7.80.120. [1995 c 360 § 1.1 Tow trucks: Chapter 4655 RCW. RCW 46.37.500 Fenders or splash aprons. (1) Except as authorized under subsection (2) of this section, no person may operate any motor vehicle, trailer, or semitrailer that is not equipped with fenders, covers, flaps, or splash aprons adequate for minimizing the spray or splash of water or mud from the roadway to the rear of the vehicle. All such devices shall be as wide as the tires behind which they are mounted and extend downward at least to the center of the axle. (2) A motor vehicle that is not less than forty years old and is owned and operated primarily as a collector's item need not be equipped with fenders when the vehicle is used and driven during fair weather on well-maintained, hard - surfaced mads. [1988 c 15 § 2; 1977 exs. c 355 § 41; 1961 c 12 § 46.37500. Prior. 1947 c 200 § 3, part; 1937 c 189 § 44, part; Rem. Supp. 1947 § 6360-44, part. Formerly RCW 46.36.130 (second paragraph).] Severability -1971 exs. c 355: See note following RCW 4637.010. RCW 4637510 Seat belts and shoulder harnesses. (1) No person may sell any automobile manufactured or assembled after January 1, 1964, nor may any owner cause such vehicle to be registered thereafter under the provisions of chapter 46.12 RCW unless such motor car or automobile is equipped with automobile seat belts installed for use on the front seats thereof which are of a type and installed in a manner conforming to rules adopted by the state patrol. Where registration is for transfer from an out-of-state license, the applicant shall be informed of this section by the issuing agent and has thirty days to comply. The state patrol shall adopt and enforce standards as to what constitutes adequate and safe seat belts and for the fastening and 4637.490 installation of them. Such standards shall not be below those specified as minimum requirements by the Society of Automotive Engineers on June 13, 1963. (2) Every passenger car manufactured or assembled after January 1, 1965, shall be equipped with at least two lap -type safety belt assemblies for use in the front seating positions. (3) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with a lap -type safety belt assembly for each permanent passenger seating position. This requirement shall not apply to police vehicles. (4) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with at least two shoulder harness -type safety belt assemblies for use in the front seating positions. (5) The state patrol shall excuse specified types of motor vehicles or seating positions within any motor vehicle from the requirements imposed by subsections (1), (2), and (3) of this section when compliance would be impractical. (6) No person may distribute, have for sale, offer for sale, or sell any safety belt or shoulder harness for use in motor vehicles unless it meets current minimum standards and specifications conforming to rules adopted by the state patrol or the United States department of transportation. [1987 c 330 § 729; 1986 c 113 § 7; 1977 ex.s. c 355 § 42; 1963 c 117 § 1.] Construction—Application or rules--severability-1987 a 330: See notes following RCW 28B.12.050. Severability -1971 exs. c 355: See note following RCW 4637.010. Safety bells, use required: RCW 46.61.688. RCW 4637513 Bumpers. When any motor vehicle was originally equipped with bumpers or any other collision energy absorption or attenuation system, that system shall be maintained in good operational condition, and no person shall remove or disconnect, and no owner shall cause or knowingly permit the removal or disconnection of, any part of that system except temporarily in order to make repairs, replacements, or adjustments. [1977 ex.s. c 355 § 43.1 Severability -1977 exs. c 355: See note following RCW 4637.010. 1831 RCW 4637517 Body and body hardware. (1) The body, fenders, and bumpers shall be maintained without protrusions which could be hazardous to pedestrians. In addition, the bumpers shall be so attached and maintained so as to not protrude beyond the original bumper line. (2) The hood, hood latches, hood fastenings, doors, and door latches shall be maintained in a condition sufficient to ensure proper working equal to that at the time of original vehicle manufacture. [1977 ex.s. c 355 § 44.1 Severabntty-1977 am c 355: See note following RCW 4637.010. Lowering vehdck below legal clearance: RCW 46.61.680. RCW 46.37.518 Street rods and kit vehicles. Notwithstanding the requirements of this chapter, hoods and bumpers are optional equipment on street rods and kit vehicles. Street rods and kit vehicles must comply with fender requirements under RCW 46.37.500(2) and the windshield requirement of RCW 46.37.410(1). [1996 c 225 § 12.] Finding -1996 c 225: See note following RCW 46-04-125- STATUTES ADOPTED BY REFERENCE 4637520 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.37.520 Beach vehicles with soft tires— "Dune buggies"—Inspection and approval required— Fee. It shall be unlawful for any person to lease for hire or permit the use of any vehicle with soft tires commonly used upon the beach and referred to as a dune buggy unless such vehicle has been inspected by and approved by the state patrol, which may charge a reasonable fee therefor to go into the motor vehicle fund. [1987 c 330 § 730; 1971 ex.s. c 91 § 4; 1965 ex.s. c 170 § 61.] Construction—Applicatlon of rules--Severability-1987 c 330: See notes following RCW 2813.12.050. RCW 46.37.522 Motorcycles and motor -driven cycles—When head lamps and tail lamps to be lighted. Every motorcycle and motor -driven cycle shall have its head lamps and tail lamps lighted whenever such vehicle is in motion upon a highway. [1977 ex.s. c 355 § 45.] Rales of court Monetary Pendry scheduk--TTIR 6.2. Sevembllit 1977 exs. a 355: See nae following RCW 4637.010. RCW 46.37.523 Motorcycles and motor -driven cycles—Head lamps. (1) Every motorcycle and every motor -driven cycle shall be equipped with at least one lamp which shall comply with the requirements and limitations of this section. (2) Every head lamp upon every motorcycle and motor - driven cycle shall be located at a height of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in RCW 46.37.030(2). (3) Every motorcycle other than a motor -driven cycle shall be equipped with multiple -beam road -lighting equip- ment (4) Such equipment shall: (a) Reveal persons and vehicles at a distance of at least three hundred feet ahead when the uppermost distribution of light is selected; (b) Reveal persons and vehicles at a distance of at least one hundred fifty feet ahead when the lowermost distribution of light is selected, and on a straight, level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver. [1977 ex.s. c 355 § 46.] Rules of court Monetary penalty scheduk--IPIR 62. Severability—M ex& a 355: See now following RCW 4637.010. RCW 4637524 Motor -driven cycles—Head lamps. The head lamp or head lamps upon every motor -driven cycle may be of the single -beam or multiple -beam type but in either event shall comply with the requirements and limita- tions as follows: (1) Every such head lamp or head lamps on a motor - driven cycle shall be of a sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor -driven cycle is operated at any speed less than twenty-five miles per hour and at a distance of not less than two hundred feet when the motor -driven cycle is operated at a speed of twenty-five or more miles per hour, and at a distance of not less than three hundred feet when the motor -driven cycle is operated at a speed of thirty- five or more miles per hour, [841 (2) In the event the motor -driven cycle is equipped with a multiple -beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in RCW 46.37.220(1), and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in RCW 46.37.220; (3) In the event the motor -driven cycle is equipped with a single -beam lamp or lamps, such lamp or lamps shall be so aimed that when the vehicle is loaded none of the high- intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes. [1977 ex.s. c 355 § 47.] Rales of court: Monerarypenalty scheduk—JTIR 6.2. Sevembility-1977 exs. c 355: See note following RCW 4637.010. RCW 46.37.525 Motorcycles and motor -driven cycles—Tail lamps, reflectors, and stop lamps. (I) Every motorcycle and motor -driven cycle shall have at least one tail lamp which shall be located at a height of not more than seventy-two nor less than fifteen inches. (2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. (3) Every motorcycle and motor -driven cycle shall carry on the rear, either as part of the tail lamp or separately, at least one red reflector meeting the requirements of RCW 46.37.060. (4) Every motorcycle and motor -driven cycle shall be equipped with at least one stop lamp meeting the require- ments of RCW 46.37.070. [1977 ex.s. c 355 § 48.1 Rules of courr: Monetarypenaby schedule- 4TIR 6.2. Severability -1977 css. c 355: See note following RCW 46.37.010. RCW 46.37.527 Motorcycles and motor -driven cycles—Brake requirements. Every motorcycle and motor - driven cycle must comply with the provisions of RCW 46.37.351, except that: (1) Motorcycles and motor -driven cycles need not be equipped with parking brakes; (2) The wheel of a sidecar attached to a motorcycle or to a motor -driven cycle, and the front wheel of a motor - driven cycle need not be equipped with brakes, if such motorcycle or motor -driven cycle is otherwise capable of complying with the braking performance requirements of RCW 46.37.528 and 46.37529; (3) Motorcycles shall be equipped with brakes operating on both the front and rear wheels unless the vehicle was originally manufactured without both front and rear brakes: PROVIDED, That a front brake shall not be required on any motorcycle over twenty-five years old which was originally manufactured without a front brake and which has been restored to its original condition and is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show or other such assemblage: STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE PROVIDED FURTHER, That no front brake shall be required on any motorcycle manufactured prior to January 1, 1931. [1982 c 77 § 6; 1977 ex.s. c 355 § 49.1 Riles of court Monetary penalty scheduk-,MIR 6.2. Sevembility-1982 c Tl: See note following RCW 46.20.500. Severability -1977 exs c 355: See note following RCW 4637.010. RCW 46.37.528 Motorcycles and motor -driven cycles—Performance ability of brakes. Every motorcycle and motor -driven cycle, at all times and under all conditions of loading, upon application of the service brake, shall be capable of: (1) Developing a braking force that is not less than forty-three and one-half percent of its gross weight; (2) Decelerating to a stop from not more than twenty miles per hour at not less than fourteen feet per second per second; and (3) Stopping from a speed of twenty miles per hour in not more than thirty feet, such distance to be measured from the point at which movement of the service brake pedal or control begins. Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material. (1977 ex.s. c 355 § 50.) Raks of eourt Monetary penalty schedule-4TIR 62. Severability -1977 exs. c 355: See note following RCW 4637.010. RCW 46.37.529 Motor -driven cycles—Braking system inspection. (1) The state patrol is authorized to require an inspection of the braking system on any motor - driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the perfor- mance ability standard set forth in RCW 46.37.351, or which in its opinion is equipped with a braking system that is not so designed or constructed as to ensure reasonable and reliable performance in actual use. (2) The director of licensing may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when the state patrol determines that the braking system thereon does not comply with the provisions of this section. (3) No person shall operate on any highway any vehicle referred to in this section in the event the state patrol has disapproved the braking system upon such vehicle. [1987 c 330 § 731; 1979 c 158 § 158; 1977 exs. c 355 § 51.] Rider of court. Monetary penalry schedule— 77R 62. Construction—Application of ndes--Severability-1987 c 330: See notes following RCW 286.12.050. Severability -1977 exs. c 355: See note following RCW 4637.010. RCW 4637530 Motorcycles, motor -driven cycles, mopeds, electric -assisted bicycles—Helmets, other equip- ment^-Children—Rules. (1) It is unlawful: (a) For any person to operate a motorcycle or motor - driven cycle not equipped with mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle or motor -driven cycle: PROVIDED, That mirrors shall not be [851 4637527 required on any motorcycle or motor -driven cycle over twenty-five years old originally manufactured without mirrors and which has been restored to its original condition and which is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER That no mirror is required on any motorcycle manufactured prior to January 1, 1931; (b) For any person to operate a motorcycle or motor - driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conform- ing to rules adopted by the state patrol; (c) For any person to operate or ride upon a motorcycle, motor -driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a protective helmet of a type conforming to rules adopted by the state patrol except when the vehicle is an antique motor - driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll bars approved by the state patrol. The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor -driven cycle is in motion. Persons operating electric -assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets; (d) For any person to transport a child under the age of five on a motorcycle or motor -driven cycle; (e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol. (2) The state patrol is hereby authorized and empowered to adopt and amend rules, pursuant to the Administrative Procedure Act, concerning the standards and procedures for conformance of rules adopted for glasses, goggles, face shields, and protective helmets. [1997 c 328 § 4; 1990 c 270 § 7. Prior. 1987 c 454 § 1; 1987 c 330 § 732; 1986 c 113 § 8; 1982 c 77 § 7; 1977 exs. c 355 § 55; 1971 exs. c 150 § 1; 1969 c 42 § 1; 1967 c 232 § 4.] Rules of court: Monetary penalty schedule MR 6.2. Short title -1990 a 270: See RCW 43.70.440. Construction--Appliestion of ndes—Severability-1987 a 330: See notes following RCW 28B.12.050. Severability -1982 c 71: See note following RCW 46.20300. Severability -1971 exs. c 355: See am following RCW 46.37.010. Maximum height for hard ebars: RCW 46.61.611. Riding on motorcycles: RCW 46.61.610. RCW 4637.535 Motorcycles, motor -driven cycles, or mopeds—Helmet requirements when rented. It is unlawful for any person to rent out motorcycles, motor - driven cycles, or mopeds unless the person also has on hand for rent helmets of a type conforming to rules adopted by the state patrol. It shall be unlawful for any person to rent a motorcycle, motor -driven cycle, or moped unless the person has in his or her possession a helmet of a type approved by the state patrol, regardless of from whom the helmet is obtained. [1990 c 270 § 8; 1987 c 330 § 733; 1986 c 113 § 9; 1977 ex.s. c 355 § 56; 1967 c 232 § 10.1 Rules of court Monetary penalty schedule—MR 6.2. STATUTES ADOPTED BY REFERENCE 4637,535 IN THE WASIHNGTON MODEL TRAFFIC ORDINANCE Short title -1990 c 270: See RCW 43.70.440. Construction --Application of rules--Severability-1987 c 330: See notes following RCW 2811.12050. Severability --1977 exs. c 355: See nae following RCW 4637.010. License requirement for person renting motorcycle: RCW 46.20.220. RCW 46.37537 Motorcycles --Exhaust system. No person shall modify the exhaust system of a motorcycle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motorcycle not equipped as required by this section, or which has been amplified as prohibited by this section. (1977 ex.s. c 355 § 52.1 Rules of court: Monetary penalty scheduk—MR 6.2. Severability -1977 exs. c 355: See nae following RCW 4637.010. RCW 46.37.539 Motorcycles and motor -driven cycles—Additional requirements and limitations. Every motorcycle and every motor -driven cycle shall also comply with the requirements and limitations of: RCW 46.37.380 on horns and warning devices; RCW 46.37.390 on mufflers and prevention of noise; RCW 46.37.400 on mirrors; and RCW 46.37.420 on tires. [1977 ex.s. c 355 § 53.] Rules of court: Monetary penalty schedule MR 6.2. Severability -1977 exs. c 355: see note following RCW 4637.010. RCW 46.37.540 Odometers—Disconnecting, resetting, or turning back prohibited. It shall be unlawful for any person to disconnect, turn back, or reset the odome- ter of any motor vehicle with the intent to reduce the number of miles indicated on the odometer gauge. [1983 c 3 § 119; 1969c112§2.1 Motor vehicle dealers, unlawful acts and practices. RCW 46.70.180. RCW 4637550 Odometers --Selling motor vehicle knowing odometer turned back unlawful. It shall be unlawful for any person to sell a motor vehicle in this state if such person has knowledge that the odometer on such motor vehicle has been turned back and if such person fails to notify the buyer, prior to the time of sale, that the odometer has been turned back or that he had reason to believe that the odometer has been turned back. [1969 c 112 § 3.1 RCW 4637560 Odometers --Selling motor vehicle knowing odometer replaced unlawful. It shall be unlawful for any person to sell a motor vehicle in this state if such person has knowledge that the odometer on such motor vehicle has been replaced with another odometer and if such person fails to notify the buyer, prior to the time of sale, that the odometer has been replaced or that he believes the odometer to have been replaced. [1969 c 112 § 4.) RCW 4637570 Odometers—Selling, advertising, using, or installing device which causes other than true mileage to be registered. It shall be unlawful for any person to advertise for sale, to sell, to use, or to install on any part of a motor vehicle or on an odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven. For the purposes of this section the true mileage driven is that driven by the car as registered by the odometer within the manufacturer's designed tolerance. [1969 c 112 § 5.1 RCW 4637590 Odometers—Purchaser plaintiff to recover costs and attorney's fee, when. In any suit brought by the purchaser of a motor vehicle against the seller of such vehicle, the purchaser shall be entitled to recover his court costs and a reasonable attorney's fee fixed by the court, if: (1) The suit or claim is based substantially upon the purchaser's allegation that the odometer on such vehicle has been tampered with contrary to RCW 46.37.540 and 46.37.550 or replaced contrary to RCW 46.37.560; and (2) it is found in such suit that the seller of such vehicle or any of his employees or agents knew or had reason to know that the odometer on such vehicle had been so tampered with or replaced and failed to disclose such knowledge to the purchaser prior to the time of sale. [1975 c 24 § 1; 1969 c 112 § 7.1 [861 RCW 4637.600 Liability of operator, owner, lessee for violations. Whenever an act or omission is declared to be unlawful in chapter 46.37 RCW, if the operator of the vehicle is not the owner or lessee of such vehicle, but is so operating or moving the vehicle with the express or implied permission of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the primary responsibility to be that of the owner or lessee. If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee. [1980 c 104 § 4; 1969 ex.s. c 69 § 3.1 RCW 4637.610 Wheelchair conveyance standards. The state patrol shall adopt rules for wheelchair conveyance safety standards. Operation of a wheelchair conveyance that is in violation of these standards is a traffic infraction. [1987 c 330 § 734; 1983 c 200 § 4.1 Construction—Application of rules—+Severabillty-1987 c 330: See notes following RCW 288.12050. Severability�1983 c 200: See note following RCW 46.04.710. Wheelchair conveyances 4Uitlon: RCW 46.04.710. licensing: RCW 46.16.600. operator's license: RCW 46.20550. public roadways, operating on: RCW 46.61.730. RCW 46.37.620 School buses—Crossing arms. Effective September 1, 1992, every school bus shall, in addition to any other equipment required by this chapter, be equipped with a crossing atm mounted to the bus that, when extended, will require students who are crossing in front of the bus to walk more than five feet from the front of the bus. [1991 c 166 § 1.1 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.37.630 Private school buses. A private school bus is subject to the requirements set forth in the National Standards for School Buses established by the national safety council in effect at the time of the bus manufacture, as adopted by rule by reference by the chief of the Washington state patrol. A private school bus manufac- tured before 1980 must meet the minimum standards set forth in the 1980 edition of the National Standards for School Buses. (1995 c 141 § 3.] RCW 46.44.010 Outside width limit. The total outside width of any vehicle or load thereon shall not exceed eight and one-half feet: PROVIDED, That no rear vision mirror may extend more than five inches beyond the extreme limits of the body: PROVIDED FURTHER, That excluded from this calculation of width are safety appliances such as clearance lights, rub rails, flexible fender extensions, mud flaps, and splash and spray suppressant devices, and appurte- nances such as door handles, door hinges, and turning signal brackets and such other safety appliances and appurtenances as the department may determine are necessary for the safe and efficient operation of motor vehicles: AND PROVIDED FURTHIR, That no appliances or appurtenances may extend more than three inches beyond the extreme limits of the body. (1997 c 63 § 1; 1983 c 278 § 1; 1961 c 12 § 46.44.010. Prior: 1947 c 200 § 4; 1937 c 189 § 47; Rem. Supp. 1947 § 6360-47; 1923 c 181 § 4, part; RRS § 6362-8, per] RCW 46.44.015 Tow truck exemptions. The limitations of RCW 46.44.010, 46.44.020, 46.44.030, 46.44.034, 46.44.041, 46.44.042, 46.44.050, and 46.44.080 do not apply to the movement of a tow truck, as defined in RCW 46.55.010, if the tow truck is performing the initial tow truck service, as defined in RCW 46.55.010, regardless of the destination, for a vehicle disabled on the public streets and highways of this state: PROVIDED, That an overweight permit has been obtained by the tow truck operator with such permit being available on a twenty-four hour basis by telephone. (1991 c 276 § 1.1 RCW 46.44.020 Maximum height—Impaired clearance signs. It is unlawful for any vehicle unladen or with load to exceed a height of fourteen feet above the level surface upon which the vehicle stands. This height limita- tion does not apply to authorized emergency vehicles or repair equipment of a public utility engaged in reasonably necessary operation. The provisions of this section do not relieve the owner or operator of a vehicle or combination of vehicles from the exercise of due cane in determining that sufficient vertical clearance is provided upon the public highways where the vehicle or combination of vehicles is being operated; and no liability may attach to the state or to any county,.city, town, or other political subdivision by reason of any damage or injury to persons or property by reason of the existence of any structure over or across any Public highway where the vertical clearance above the roadway is fourteen feet or more; or, where the vertical clearance is less than fourteen feet, if impaired clearance signs of a design approved by the state department of 46.37.630 transportation are erected and maintained on the right side of any such public highway in accordance with the manual of uniform traffic control devices for streets and highways as adopted by the state department of transportation under chapter 47.36 RCW. If any structure over or across any public highway is not owned by the state or by a county, city, town, or other political subdivision, it is the duty of the owner thereof when billed therefor to reimburse the state department of transportation or the county, city, town, or other political subdivision having jurisdiction over the highway for the actual cost of erecting and maintaining the impaired clearance signs, but no liability may attach to the owner by reason of any damage or injury to persons or property caused by impaired vertical clearance above the roadway. (1984 c 7 § 52-,1977 c 81 § 1; 1975276 2nd ex.s. c 64 § 7; 1971 ex.s. c 248 § 1; 1965 c 43 § 1; 1961 c 12 § 46.44.020. Prior. 1959 c 319 § 26; 1955 c 384 § 1; 1953 c 125 § 1; 1951 c 269 § 20; 1937 c 189 § 48; RRS § 6360- 48.1 Severability -1964 a 7: See note following RCW 47.01.141. Etredive dates--Severability-1975-'76 2nd ex s. a 64: See notes following RCW 46.16.070. RCW 46.44.030 Maximum lengths. It is unlawful for any person to operate upon the public highways of this state any vehicle having an overall length, with or without load, in excess of forty feet. This restriction does not apply to (1) a municipal transit vehicle, (2) auto stage, private carrier bus or school bus with an overall length not to exceed forty-six feet, or (3) an articulated auto stage with an overall length not to exceed sixty-one feet It is unlawful for any person to operate upon the public highways of this state any combination consisting of a tractor and semitrailer that has a semitrailer length in excess of fifty-three feet or a combination consisting of a tractor and two trailers in which the combined length of the trailers exceeds sixty-one feet, with or without load. It is unlawful for any person to operate on the highways of this state any combination consisting of a truck and trailer, or log truck and stinger -steered pole trailer, with an overall length, with or without load, in excess of seventy- five feet. However, a combination of vehicles transporting automobiles or boats may have a front overhang of three feet and a rear overhang of four feet beyond this allowed length. "Stinger -steered," as used in this section, means the coupling device is located behind the tread of the tires of the last axle of the towing vehicle. These length limitations do not apply to vehicles transporting poles, pipe, machinery, or other objects of a structural nature that cannot be dismembered and operated by a public utility when required for emergency repair of public service facilities or properties, but in respect to night transportation every such vehicle and load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load. The length limitations described in this section are exclusive of safety and energy conservation devices, such as mud flaps and splash and spray suppressant devices, refriger- ation units or air compressors, and other devices that the 1871 . STATUTES ADOPTED BY REFERENCE 46.44.030 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE department determines to be necessary for safe and efficient operation of commercial vehicles. No device excluded under this paragraph from the limitations of this section may have, by its design or use, the capability to cavy cargo. (1995 c 26 § 1; 1994 c 59 § 2; 1993 c 301 § 1; 1991 c 113§1; 1990 c 28 § 1; 1985 c 351 § 1; 1984 c 104 § 1; 1983 c 278 § 2-,1979 exs. c 113 § 4; 1977 ex.s. c 64 § 1; 1975276 2nd ex.s. c 53 § 1; 1974 ex.s. c 76 § 2; 1971 ex.s. c 248 § 2; 1967 ex.s. c 145 § 61; 1963 ex.s. c 3 § 52; 1961 ex.s. c 21 § 360961 c 12 § 46.44.030. Prior. 1959 c 319 § 25; 1957 c 273 § 14; 1951 c 269 § 22; prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part.) Effective date -1995 c 26: 'ibis act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1995.' 11995 a 2612.1 Severability -1967 exa. c 145: See RCW 47.98.043. RCW 46.44.034 Maximum lengths—Front and rear protrusions. (1) The load, or any portion of any vehicle, operated alone upon the public highway of this state, or the load, or any portion of the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front wheels of such vehicle, or the front bumper, if equipped with front bumper. This subsection does not apply to a front -loading garbage truck or recycling truck while on route and actually engaged in the collection of solid waste or recyclables at speeds of twenty miles per hour or less. (2) No vehicle shall be operated upon the public highways with any part of the permanent structure or load extending in excess of fifteen feet beyond the center of the last axle of such vehicle. This subsection does not apply to "specialized equipment' designated under 49 U.S.C. Sec. 2311 that is operated on the interstate highway system, those designated portions of the federal -aid primary system, and routes constituting reasonable access from such highways to terminals and facilities for food, fuel, repairs, and rest. [1997 c 191 § 1; 1991 c 143 § 1; 1961 c 12 § 46.44.034. Prior. 1957 c 273 § 15; 1951 c 269 § 24; prior. 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part] RCW 46.44.036 Combination of units—Limitation. Except as provided in RCW 46.44.037, it is unlawful for any person to operate upon the public highways of this state any combination of vehicles consisting of more than two vehi- cles. For the purposes of this section a truck tractor -semi- trailer or pole trailer combination will be considered as two vehicles but the addition of another axle to the tractor of a truck tractor -semitrailer or pole trailer combination in such a way that it supports a proportional share of the load of the semitrailer or pole trailer shall not be deemed a separate vehicle but shall be considered a part of the truck tractor. For the purposes of this section a converter gear used in converting a semitrailer to a full trailer shall not be deemed a separate vehicle but shall be considered a part of the trailer. [1975276 2nd exs. c 64 § 8; 1961 c 12 § 46.44.036. Prior. 1955 c 384 § 2; 1951 c 269 § 23; prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part.] Rules of court: Monetary penalty schedule—MR 6.2. Effective dates—Severubfllty-1975-'76 2nd u -s. a 64: See notes following RCW 46.16.070. RCW 46.44.037 Combination of units—Lawful operations. Notwithstanding the provisions of RCW 46.44.036 and subject to such rules and regulations govern- ing their operation as may be adopted by the state depart- ment of transportation, operation of the following combina- tions is lawful: (1) A combination consisting of a truck tractor, a semitrailer, and another semitrailer or a full trailer. In this combination a converter gear used to convert a semitrailer into a full trailer shall be considered to be a part of the full trailer and not a separate vehicle. A converter gear being pulled without load and not used to convert a semitrailer into a full trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination; (2) A combination not exceeding seventy-five feet in overall length consisting of four trucks or truck tractors used in driveaway service where three of the vehicles are towed by the fourth in triple saddlemount position; (3) A combination consisting of a truck tractor carrying a freight compartment no longer than eight feet, a semitrail- er, and another semitrailer or full trailer that meets the legal length requirement for a truck and trailer combination set forth in RCW 46.44.030. [1991 c 143 § 2; 1985 c 351 § 2; 1984 c 7 § 53; 1979 ex.s. c 149 § 3; 1975276 2nd ex.s. c 64 § 9; 1965 ex.s. c 170 § 37; 1963 ex.s. c 3 § 53; 1961 c 12 § 46.44.037. Prior: 1957 c 273 § 16; 1955 c 384 § 3.] Severability -1984 c 7: See note following RCW 47.01.141. Effective dates--4everability-1975-'76 2nd exs. a 64: See notes following RCW 46.16.070. 1881 RCW 46.44.041 Maximum gross weights— Wheelbase and axle factors. No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecu- tive sets of tandem axles may cant' a gross load of thirty- four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more. Dis. in feet Maximum bad in pounds between carried on say group of 2 the ex- or more consecutive axles tremes of any gmup of 2 or mon: consecu- tive 2 3 4 5 6 7 8 9 axles axles axles axles axles axles axles axles axles 4 34.000 5 34x00 6 34.000 7 34.000 8 & less 34.000 mom the 8 38,000 9 39.000 10 40,000 11 12 13 14 Is 16 17 I8 19 20 21 22 23 24 25 26 27 2& 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 55 56 57 58 59 60 61 62 63 64 6s 66 67 6& 69 70 71 72 73 74 75 76 77 7& 79 so 81 82 83 84 85 86 or mom 34.000 42400 43.500 44.000 45.000 45.500 46.500 47.000 48.000 48.500 49.500 50.000 51.000 51500 52300 53.000 54.000 54.SW 55.500 56,000 57AW 57300 59 000 60,000 50.000 51.500 52.000 52300 53300 54,000 54300 55,500 56.000 56.5W 57,5W SAW 58500 59300 60.000 61300 62,000 62,500 63300 64AM 64,500 65.5W 66.000 66.500 6715W 69.000 68.5W 69,500 70.000 70,500 73300 72AW 72,900 73,500 74.000 74,500 75300 76,000 76 500 77300 78,000 78300 79300 80.000 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 58.000 58.500 59AW 60.000 60300 66AM 61AW 66.500 61300 67A00 6z5W 68AM MAW 68500 74.000 63300 69AW 74.5W 64AW 69.500 75AW 65.000 70AW 75.500 65.5W 71AW 764W 82.000 66AW 71.500 77AW 82,500 66300 72AW 77,500 93AW 67300 72,500 78.000 83.500 68,000 73AM 78.500 94,500 90AW 68300 74AW 79AW 85.000 90.300 69AW 743SW 80AW 85300 91,000 70AW 75AW 80300 96AW 91,5W 70300 75.5W SIAW 86.500 92.000 71AW 76AW 81.500 97AM 93AW 71,500 77AW 82AW 87300 93.500 71.500 77.5W 82300 88.500 94.000 73AM 78.000 83300 89.000 94.500 73,5W 78.500 84,000 89.500 95.000 74AW 79AM 84,5W 90.000 95300 75,000 80AW 85AW 90.500 96AM 75300 80100 85300 91 AW 96.500 76.000 81AW 36AW 91300 97.500 76,5W 81.500 87AW 92.5W 98AW 77300 82AW 87300 93.000 98500 78,000 83AM 98AW 93300 99.000 78300 83500 88300 94.000 99,500 79AM 34AM 89AW 94.500 100AW S0AW 84.500 89500 95AW 100500 80300 85AW 90500 95,500 101.000 81AW 86,000 91AM 96,5W 102.000 SOW 86300 91.5W 97AW 102,5W 82.500 87AM 92.000 97.500 103,000 83,000 87.500 92500 98.000 1W.500 83300 88.000 93.000 98500 104.000 84AW 89AM 94,000 "AM 104300 85.000 89.500 94300 99300 105500 85.5m 90AM 93,000 100,500 105,5W 86.000 90,500 95300 101,000 105,500 86300 91,000 96AW 101,500 105300 87300 92AW 96.500 t02.000 t05.5W 88AW 92.500 97,500 102.500 105500 88300 93AW 9&.000 103.000 105.500 89AW 93.500 98,500 103.500 105300 90.000 94A0o "AW 104.500 105 s0o 90.500 95A00 99500 105AW 105.500 91.000 95300 100= 105,SW 105300 91.500 9610W 101.000 105.500 105300 92500 96,500 101500 105300 105,500 93AW 97AW 102.000 105300 105300 93500 98,000 102500 105300 105,500 94AW 98,500 103,000 105,500 105500 95AW "AW 103,500 105.500 105500 95500 99500 104JW 105500 105300 96AM 100A00 105AW 1ossm 105500 96500 101AW 105500 105500 105.500 97300 101500 105.500 105500 105500 9&AW 102.000 105500 105500 105,900 98 300 102.SW 105300 105,SW 105,SW 99AM 103.000 1051500 105500 105500 100,000 104AW 105,500 105300 105500 104,580 105500 105300 105.500 105AW 105500 105500 105.500 105500 105500 105500 105500 1891 46.44.041 When inches are involved: Under six inches take lower, six inches or over take higher. The maximum load on any axle in any group of axles shall not exceed the single axle or tandem axle allowance as set forth in the table above. The maximum axle and gross weights speed in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law. Loads of not more than eighty thousand pounds which may be legally hauled in the state bordering this state which also has a sales tax, are legal in this state when moving to a port district within four miles of the bordering state except on the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor and three trailers. Notwithstanding anything contained herein, a vehicle or combination of vehicles in operation on January 4, 1975, may operate upon the public highways of this state, includ- ing the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations, and procedures in effect in this state on January 4, 1975. [1997 c 198 § 1; 1995 c 171 § 1. Prior. 1993 c 246 § 1; 1993 c 102 § 3; prior: 1988 c 229 § 1; 1988 c 6 § 2; 1985 c 351 § 3; 1977 c 81 § 2; 1975276 2nd ex.s. c 64 § 22.] Effective date of 1993 c 102 and a 123--1993 sps. c 23: See nae following RCW 46.16.070. Effective dates--Severability-1975-176 2nd ex -& a 64: See notes following RCW 46.16.070. RCW 46.44.042 Maximum gross weights—Axle and tire factors. Subject to the maximum gross weights specified in RCW 46.44.041, it is unlawful to operate any vehicle upon the public highways with a gross weight, including load, upon any Lire concentrated upon the surface of the highway in excess of six hundred pounds per inch width of such tire. An axle manufactured after July 31, 1993, carrying more than ten thousand pounds gross weight must be equipped with four or more tires. Effective January 1, 1997, an axle carrying more than ten thousand pounds gross weight must have four or more tires, regardless of date of manufacture. Instead of the four or more tires per axle requirements of this section, an axle may be equipped with two tires limited to five hundred pounds per inch width of tire. This section does not apply to vehicles operating under oversize or overweight permits, or both, issued under RCW 46.44.090, while carrying a nonreducible load. The following equipment may operate at six hundred pounds per inch width of tire: (1) A nonliftable steering axle or axles on the power unit; (2) a tiller axle on fire fighting apparatus; (3) a rear booster trailing axle equipped with two tires on a ready -milt concrete transit truck; and (4) a straddle trailer manufactured before January 1, 1996, equipped with single -tire axles or a single axle using a walking beam supported by two in-line single tires and used exclusively for the transport of fruit bins between field, storage, and processing. A straddle trailer manufactured after January 1, 1996, meeting this use criteria may carry five hundred fifteen pounds per inch width of tire on sixteen and one-half inch wide tires. STATUTES ADOPTED BY REFERENCE 46,44,042 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE For the purpose of this section, the width of tire in case of solid rubber or hollow center cushion tires, so long as the use thereof may be permitted by the law, shall be measured between the flanges of the rim. For the purpose of this section, the width of tires in case of pneumatic titres shall be the maximum overall normal inflated width as stipulated by the manufacturer when inflated to the pressure specified and without load thereon. The department of transportation, under rules adopted by the transportation commission with respect to state highways, and a local authority, with respect to a public highway under its jurisdiction, may extend the weight table in RCW 46.44.041 to one hundred fifteen thousand pounds. Howev- er, the extension must be in compliance with federal law, and vehicles operating under the extension must be in full compliance with the 1997 axle and tire requirements under this section. (1996 c 116 § 1; 1993 c 103 § 1; 1985 c 351 § 4; 1975-'76 2nd ex.s. c 64 § 10; 1961 c 12 § 46.44.042. Prior. 1959 c 319 § 27; 1951 c 269 § 27; prior. 1949 c 221 § 2, part; 1947 c 200 § 6, part; 1941 c 116 § 2, part; 1937 c 189 § 50, part; Rem. Supp. 1949 § 6360.50, part; 1929 c 180 § 3, part; 1927 c 309 § 8, part; 1923 c 181 § 4, part; 1921 c 96 § 20, part; RRS § 6362-8, part.) Effective dates--Severability-1975-176 2nd exs. c 64: See notes following RCW 46.16.070. RCW 46.44.043 Cement trucks—Axle loading controls. The switch that controls the raising and lowering of the retractable rear booster or tag axle on a ready -mix cement truck may be located within the reach of the driver's compartment as long as the variable control, used to adjust axle loadings by regulating air pressure or by other means, is out of the reach of the driver's compartment. [1994 c 305 § 1.] RCW 46.44.047 Excess weight—Logging trucks— Special permits—County or city permits—Fees— Discretion of arresting officer. A three axle truck tractor and a two axle pole trailer combination engaged in the operation of hauling logs may exceed by not more than six thousand eight hundred pounds the legal gross weight of the combination of vehicles when licensed, as permitted by law, for sixty-eight thousand pounds: PROVIDED, That the distance between the first and last axle of the vehicles in combination shall have a total wheelbase of not less than thirty-seven feet, and the weight upon two axles spaced less than seven feet apart shall not exceed thirty-three thousand six hundred pounds. Such additional allowances shall be permitted by a special permit to be issued by the department of transporta- tion valid only on state primary or secondary highways authorized by the department and under such rules, regula- tions, terms, and conditions prescribed by the department. The fee for such special permit shall be fifty dollars for a twelve-month period beginning and ending on April 1st of each calendar year. Permits may be issued at any time, but if issued after July 1st of any year the fee shall be thirty- seven dollars and fifty cents. If issued on or after October 1st the fee shall be twenty-five dollars, and if issued on or after January 1st the fee shall be twelve dollars and fifty cents. A copy of such special permit covering the vehicle involved shall be carried in the cab of the vehicle at all times. Upon the third offense within the duration of the permit for violation of the terms and conditions of the special permit, the special permit shall be canceled. The vehicle covered by such canceled special permit shall not be eligible for a new special permit until thirty days after the cancellation of the special permit issued to said vehicle. The fee for such renewal shall be at the same rate as set forth in this section which covers the original issuance of such special permit. Each special permit shall be assigned to a three -axle truck tractor in combination with a two -axle pole trailer. When the department issues a duplicate permit to replace a lost or destroyed permit and where the department transfers a permit, a fee of fourteen dollars shall be charged for each such duplicate issued or each such transfer. All fees collected hereinabove shall be deposited with the state treasurer and credited to the motor vehicle fund. Permits involving city streets or county roads or using city streets or county roads to reach or leave state highways, authorized for permit by the department may be issued by the city or county or counties involved. A fee of five dollars for such city or county permit may be assessed by the city or by the county legislative authority which shall be deposit- ed in the city or county road fund. The special permit provided for herein shall be known as a "log tolerance permit" and shall designate the route or routes to be used, which shall first be approved by the city or county engineer involved. Authorization of additional route or routes may be made at the discretion of the city or county by amending the original permit or by issuing a new permit. Said permits shall be issued on a yearly basis expiring on March 31st of each calendar year. Any person, firm, or corporation who uses any city street or county road for the purpose of transporting logs with weights authorized by state highway log tolerance permits, to reach or leave a state highway route, without first obtaining a city or, county permit when required by the city or the county legislative authority shall be subject to the penalties prescribed by RCW 46.44.105. For the purpose of determining gross weight the actual scale weight taken by the officer shall be prima facie evidence of such total gross weight. In the event the gross weight is in excess of the weight permitted by law, the officer may, within his discretion, permit the operator to proceed with his vehicles in combination. The chief of the state patrol, with the advice of the department, may make reasonable rules and regulations to aid in the enforcement of the provisions of this section. [1994 c 172 § 1; 1979 ex.s. c 136 § 74; 1975-'76 2nd ex.s. c 64 § 11; 1973 1st ex.s. c 150 § 2; 1971 ex.s. c 249 § 2; 1961 ex.s. c 21 § 35; 1961 c 12 § 46.44.047. Prior. 1955 c 384 § 19; 1953 c 254 § 10; 1951 c 269 § 31.] Effective date--SeraabMty-1979 =L c 136: See notes following RCW 46.63.010. Effective dates--Severability-1975.176 2nd exs. c 64: See notes following RCW 46.16.070. 1901 RCW 46.44.050 Minimum length of wheelbase. It shall be unlawful to operate any vehicle upon public high- ways with a wheelbase between any two axles thereof of less than three feet, six inches when weight exceeds that allowed STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE for one axle under RCW 46.44.042 or 46.44.041. It shall be unlawful to operate any motor vehicle upon the public highways of this state with a wheelbase between the frontmost axle and the rearmost axle of less than three feet, six inches: PROVIDED, That the minimum wheelbase for mopeds is thirty-eight inches. For the purposes of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles designated. [1979 ex.s. c 2I3 § 7; 1975276 2nd ex.s. c 64 § 12; 1961 c 12 § 46.44.050. Prior. 1941 c 116 § 3; 1937 c 189 § 51; Rem. Supp. 1941 § 6360-51; 1929 c 180 § 3, parr 1927 c 309 § 8, part; 1923 c 181 § 4, part; RRS § 6362-8, part.] Effeedve dates--Severabaity-1975-176 2nd exs c 64: See notes following RCW 46.16.070. RCW 46.44.060 Outside load limits for passenger vehicles. No passenger type vehicle shall be operated on any public highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof. [1961 c 12 § 46.44.060. Prior. 1937 c 189 § 52; RRS § 6360-52; 1929 c 180 § 5, part; 1927 c 309 § 10, part; RRS § 6362-10, part] RCW 46.44.070 Drawbar requirements—Trailer whipping or weaving—Towing flag. The drawbar or other connection between vehicles in combination shall be of sufficient strength to hold the weight of the towed vehicle on any grade where operated. No trailer shall whip, weave or oscillate or fail to follow substantially in the course of the towing vehicle. When a disabled vehicle is being towed by means of bar, chain, rope, cable or similar means and the distance between the towed vehicle and the towing vehicle exceeds fifteen feet there shall be fastened on such connec- tion in approximately the tenter thereof a white flag or cloth not less than twelve inches square. [1961 c 12 § 46.44.070. Prior. 1937 c 189 § 53; RRS § 6360-53; 1929 c 180 § 5, parr 1927 c 309 § 10, part; RRS § 6362-10, part; 1923 c 181 § 4, part.] RCW 46.44.090 Special permits for oversize or overweight movements. The department of transportation, pursuant to rules adopted by the transportation commission with respect to state highways and local authorities with respect to public highways under their jurisdiction may, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight of vehicle, or load exceeding the maximum specified in this chapter or otherwise not in conformity with the provisions of this chapter upon any public highway under the jurisdiction of the authority granting such permit and for the maintenance of which such authority is responsible. [1977 exs. c 151 § 30; 1975276 2nd ex.s. c 64 § 13; 1961 c 12 § 46.44.090. Prior. 1951 c 269 § 34; prior. 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, part] 1911 46.44.050 Federal requirements--Severability-1977 exs. c 151: See RCW 47.98.070 and 47.98.080. Effective dates—Severability-1975 '76 2nd exs. c 64: See notes following RCW 46.16.070. RCW 46.44.091 Special permits—Gross weight limit. (1) Except as otherwise provided in subsections (3) and (4) of this section, no special permit shall be issued for movement on any state highway or route of a state highway within the limits of any city or town where the gross weight, including load, exceeds the following limits: (a) Twenty-two thousand pounds on a single axle or on dual axles with a wheelbase between the first and second axles of less than three feet six inches; (b) Forty-three thousand pounds on dual axles having a wheelbase between the fust and second axles of not less than three feet six inches but less than seven feet; (c) On any group of axles or in the case of a vehicle employing two single axles with a wheel base between the fust and last axle of not less than seven feet but less than ten feet, a weight in pounds determined by multiplying six thousand five hundred times the distance in feet between the center of the first axle and the center of the last axle of the group; (d) On any group of axles with a wheel base between the fust and last axle of not less than ten feet but less than thirty feet, a weight in pounds determined by multiplying two thousand two hundred times the sum of twenty and the distance in feet between the center of the first axle and the center of the last axle of the group; (e) On any group of axles with a wheel base between the first and last axle of thirty feet or greater, a weight in pounds determined by multiplying one thousand six hundred times the sum of forty and the distance in feet between the center of the first axle and the center of the last axle of the group. (2) The total weight of a vehicle or combination of vehicles allowable by special permit under subsection (1) of this section shall be governed by the lesser of the weights obtained by using the total number of axles as a group or any combination of axles as a group. (3) The weight limitations pertaining to single axles may be exceeded to permit the movement of equipment operating upon single pneumatic tires having a rim width of twenty inches or more and a rim diameter of twenty-four inches or mom or dual pneumatic tires having a rim width of sixteen inches or more and a rim diameter of twenty-four inches or more and specially designed vehicles manufactured and certified for special pertnits prior to July 1, 1975. (4) Permits may be issued for weights in excess of the limitations contained in subsection (1) of this section on highways or sections of highways which have been designed and constructed for weights in excess of such limitations, or for any shipment duly certified as necessary by military officials, or by officials of public or private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary movement or action: PROVIDED, That in the judgment of the department of transportation the structures and highway surfaces on the routes involved are capable of sustaining weights in excess of such limitations and it is not reasonable for economic or STATUTES ADOPTED BY REFERENCE 46,44,091 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE operational considerations to transport such excess weights by rail or water for any substantial distance of the total mileage applied for. (5) Permits may be issued for the operation of fire trucks on the public highways if the maximum gross weight on any single rade does not exceed twenty-four thousand pounds and the gross weight on any tandem axle does not exceed forty-three thousand pounds. (6) Application shall be made in writing on special forms provided by the department of transportation and shall be submitted at least thirty-six hours in advance of the proposed movement. An application for a special permit for a gross weight of any combination of vehicles exceeding two hundred thousand pounds shall be submitted in writing to the department of transportation at least thirty days in advance of the proposed movement. [1989 c 52 § 1; 1977 ex.s. c 151 § 31; 1975276 2nd exs. c 64 § 14; 1975 1st exs. c 168 § 1; 1969 ex.s. c 281 § 30; 1961 c 12 § 46.44.091. Prior. 1959 c 319 § 28; 1953 c 254 § 12; 1951 c 269 § 35; prior. 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, Pam] Federal requirements—Severability-1977 exs. c 151: See RCW 47.98.070 and 47.98.080. Effective dates--Severability-1975-176 2nd exs. c 64: See notes following RCW 46.16.070. Effective date -19751st exs. a 168: 'This 1973 [1975] amendatory act is necessary for the immediate preservation of the public peace, health. and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975.' [1975 1st ex.s. c 168 § 4.] RCW 46.44.092 Special permits—Overall width limits, exceptions—Application for permit. Special permits may not be issued for movements on any state highway outside the limits of any city or town in excess of the following widths: On two-lane highways, fourteen feet; On multiple -lane highways where a physical barrier serving as a median divider separates opposing traffic lanes, twenty feet; On multiple -lane highways without a physical barrier serving as a median divider, thirty-two feet. These limits apply except under the following condi- tions: (1) In the case of buildings, the limitations referred to in this section for movement on any two lane state highway other than the national system of interstate and defense highways may be exceeded under the following conditions: (a) Controlled vehicular traffic shall be maintained in one direction at all times; (b) the maximum distance of move- ment shall not exceed five miles; additional contiguous permits shall not be issued to exceed the five -mile limit: PROVIDED, That when the department of transportation, pursuant to general rules adopted by the transportation commission, determines a hardship would result, this limitation may be exceeded upon approval of the departstent of transportation; (c) prior to issuing a permit a qualified transportation department employee shall make a visual inspection of the building and route involved determining that the conditions listed herein shall be complied with and that structures or overhead obstructions may be cleared or moved in order to maintain a constant and uninterrupted movement of the building; (d) special escort or other precautions may be imposed to assure movement is made under the safest possible conditions, and the Washington state patrol shall be advised when and where the movement is to be made; (2) Permits may be issued for widths of vehicles in excess of the preceding limitations on highways or sections of highways which have been designed and constructed for width in excess of such limitations; (3) Permits may be issued for vehicles with a total outside width, including the load, of nine feet or less when the vehicle is equipped with a mechanism designed to cover the load pursuant to RCW 46.61.655; (4) These limitations may be rescinded when certifica- tion is made by military officials, or by officials of public or private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary movement or action: PROVIDED FURTHER, That in the judgment of the department of transportation the structures and highway surfaces on the routes involved are capable of sustaining widths in excess of such limitation; (5) These limitations shall not apply to movement during daylight hours on any two lane state highway where the gross weight, including load, does not exceed eighty thousand pounds and the overall width of load does not exceed sixteen feet: PROVIDED, That the minimum and maximum speed of such movements, prescribed routes of such movements, the times of such movements, limitation upon frequency of trips (which limitation shall be not less than one per week), and conditions to assure safety of traffic may be prescribed by the department of transportation or local authority issuing such special permit. The applicant for any special permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular state highways for which permit to operate is requested and whether such permit is requested for a single trip or for continuous operation. [1989 c 398 § 2; 1981 c 63 § 1; 1977 ex.s. c 151 § 32; 1975276 2nd ex.s. c 64 § 15; 1970 ex.s. c 9 § 1; 1969 ex.s. c 281 § 60; 1965 ex.s. c 170 § 39; 1963 ex.s. c 3 § 54; 1961 c 12 § 46.44.092. Prior. 1959 c 319 § 29; 1955 c 146 § 2; 1951 c 269 § 36; prior. 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, part] Federal requirements--severability-1977 exs. c 151: see RCW 47.98.070 and 47.98.080. Effective dates--Severability-1975-176 2nd exs. c 64: See notes following RCW 46.16.070. [921 RCW 46.44.093 Special permits—Discretion of issuer --Conditions. The department of transportation or the local authority is authorized to issue or withhold such special permit at its discretion, although where a mobile home is being moved, the verification of a valid license under chapter 46.70 RCW as a mobile home dealer or manufacturer, or under chapter 46.76 RCW as a transporter, shall be done by the department or local government. If the permit is issued, the department or local authority may limit the number of trips, establish seasonal or other time limitations within which the vehicle described may be operated on the public STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE highways indicated, or otherwise limit or prescribe condi- tions of operation of the vehicle or vehicles when necessary to assure against undue damage to the road foundation, surfaces, or structures or safety of traffic and may require such undertaking or other security as may be deemed necessary to compensate for injury to any roadway or road structure. [1988 c 239 § 3; 1984 c 7 § 55; 1961 c 12 § 46.44.093. Prior. 1951 c 269 § 37; prior. 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, part.] Severability -1984 c 7: See note following RCW 47.01.141. RCW 46.44.095 Temporary additional tonnage permits—Fees. When a combination of vehicles has been licensed to a total gross weight of 80,000 pounds or when a three or more axle single unit vehicle has been licensed to a total gross weight of 40,000 pounds, a temporary additional tonnage permit to haul loads in excess of these limits may be issued. This permit is valid for periods of not less than five days at two dollars and eighty cents per day for each two thousand pounds or fraction thereof. The fee may not be prorated. The permits shall authorize the movement of loads not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042. [1993 c 102 § 5; 1990 c 42 § 108; 1989 c 398 § 3; 1988 c 55 § 1; 1983 c 68 § 2; 1979 c 158 § 159; 1977 ex.s. c 151 § 33; 1975276 2nd ex.s. c 64 § 17; 1974 ex.s. c 76 § 1; 1973 1st ex.s. c 150 § 3; 1969 ex.s. c 281 § 55; 1967 exs. c 94 § 15; 1967 c 32 § 51; 1965 ex.s. c 170 § 38; 1961 ex.s. c 7 § 15; 1961 c 12 § 46.44.095. Prior: 1959 c 319 § 31; 1957 c 273 § 18; 1955 c 185 § 1; 1953 c 254 § 13; 1951 c 269 § 39; prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, part.] Effective date of 1993 c 102 and c 123--1993 sps. c 23: See nae following RCW 46.16.070. Purpose--Headings--Severability—Effective dates—Apptication— Implemeotation-1990 c 42: See notes following RCW 8236.025. Federal requirements--Sever2bility-1977 exs. c 151: Set RCW 47.98.070 and 47.98.080. Effective dates--Severability-1975-76 2nd exs. c 64: See notes following RCW 46.16.070. RCW 46.44.096 Spedal fee— To whom paid. In determining fees according to RCW 46.44.0941, mileage on state primary and secondary high- ways shall be determined from the planning survey records of the department.of transportation, and the gross weight of the vehicle or vehicles, including load, shall be declared by the applicant. Overweight on which fees shall be paid will be gross loadings in excess of loadings authorized by law or axle loadings in excess of loadings authorized by law, whichever is the greater. Loads which are overweight and oversize shall be charged the fee for the overweight permit without additional fees being assessed for the oversize features. Special permits issued under RCW 46.44.047, 46.44.0941, or 46.44.095, may be obtained from offices of the department of transportation, ports of entry, or other agents appointed by the department The department may appoint agents for the purposes of selling special motor vehicle permits, temporary additional [931 46.44.093 tonnage permits, and log tolerance permits. Agents so appointed may retain three dollars and fifty cents for each permit sold to defray expenses incurred in handling and selling the permits. If the fee is collected by the department of transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the motor vehicle fund. The department may select a third party contractor, by means of competitive bid, to perform the department's permit issuance function, as provided under RCW 46.44.090. Factors the department shall consider, but is not limited to, in the selection of a third party contractor are economic benefit to both the department and the motor carrier industry, and enhancement of the overall level of permit service. For purposes of this section, "third party contractor" means a business entity that is authorized by the department to issue special permits. The transportation commission may adopt rules specifying the criteria that a business entity must meet in order to qualify as a third party contractor under this section. Fees established in RCW 46.44.0941 shall be paid to the political body issuing the permit if the entire movement is to be confined to roads, streets, or highways for which that political body is responsible. When a movement involves a combination of state highways, county roads, and/or city streets the fee shall be paid to the state department of transportation. When a movement is confined within the city limits of a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town involved. A permit will not be required from city or town authorities for a move involving a combination of city or town streets and state highways when the move through a city or town is being confined to the route of the state highway. When a move involves a combination of county roads and city streets the fee shall be paid to the county authorities, but the fee shall not be collected nor the county permit issued until valid permits are presented showing that the city or town authorities approve of the move in question. When the movement involves only county roads the fees collected shall be paid to the county involved. Fees established shall be paid to the political body issuing the permit if the entire use of the vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political body is responsi- ble. [1996 c 92 § 1; 1993 c 102 § 6; 1989 c 398 § 4; 1984 c 7 § 56; 1975276 2nd ex.s. c 64 § 18; 1971 ex.s. c 248 § 4; 1969 ex.s. c 281 § 31; 1961 c 12 § 46.44.096. Prior: 1955 c 185 § 2; 1951 c 269 § 40; prior. 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, part] Effective date of 1993 c 102 and c 123--1993 sps. c 23: See nae following RCW 46.16.070. Severability -1984 c 7: See nae following RCW 47.01.141. Effective d2tes--Severability-1975.76 2nd exs c 64: See notes following RCW 46.16.070. RCW 46.44.105 Enforcement procedures— Penalties—Rules. (1) Violation of any of the provisions of this chapter is a traffic infraction, and upon the first finding thereof shall be assessed a basic penalty of not less than fifty dollars; and upon a second finding thereof shall be assessed STATUTES ADOPTED BY REFERENCE 46.44.105 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE a basic penalty of not less than seventy-five dollars; and upon a third or subsequent finding shall be assessed a basic penalty of not less than one hundred dollars. (2) In addition to the penalties imposed in subsection (1) of this section, any person violating RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 shall be assessed a penalty for each pound overweight, as follows: (a) One pound through four thousand pounds overweight is three cents for each pound; (b) Four thousand one pounds through ten thousand pounds overweight is one hundred twenty dollars plus twelve cents per pound for each additional pound over four thou- sand pounds overweight; (c) Ten thousand one pounds through fifteen thousand pounds overweight is eight hundred forty dollars plus sixteen cents per pound for each additional pound over ten thousand pounds overweight; (d) Fifteen thousand one pounds through twenty thousand pounds overweight is one thousand six hundred forty dollars plus twenty cents per pound for each additional pound over fifteen thousand pounds overweight; (e) Twenty thousand one pounds and more is two thousand six hundred forty dollars plus thirty cents per pound for each additional pound over twenty thousand pounds overweight. Upon a first violation in any calendar year, the court may suspend the penalty for five hundred pounds of excess weight for each axle on any vehicle or combination of vehicles, not to exceed a two thousand pound suspension. In no case may the basic penalty assessed in subsection (1) of this section or the additional penalty assessed in subsec- tion (2) of this section, except as provided for the first violation, be suspended. (3) Whenever any vehicle or combination of vehicles is involved in two violations of RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 during any twelve-month period, the court may suspend the certificate of license registration of the vehicle or combination of vehicles for not less than thirty days. Upon a third or succeeding violation in any twelve-month period, the court shall suspend the certificate of license registration for not less than thirty days. Whenever the certificate of license registration is suspended, the court shall secure such certifi- cate and immediately forward the same to the director with information concerning the suspension. (4) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same power unit, suspend the certificate of license registra- tion for not less than thirty days. (5) It is unlawful for the driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section. It is unlawful for a driver of a commercial motor vehicle as defined in RCW 46.32.005, other than the driver of a bus as defined in RCW 46.32.005(2), to fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open. Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing either by means of a portable or stationary scale and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted by law. If the vehicle is loaded with grain or other perishable commodities, the driver shall be permitted to proceed without removing any of the load, unless the gross weight of the vehicle and load exceeds by more than ten percent the limit permitted by this chapter. The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator. Any vehicle whose driver or owner represents that the vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by any police officer. The owner or driver shall be directed that upon completion of repairs, the vehicle shall submit to weighing with the load and markings and/or seal intact and undisturbed. Failure to report for weighing, appearing for weighing with the seal broken or the markings disturbed, or removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined one thousand dollars, and in addition the certificate of license registration shall be suspended for not less than thirty days. (6) Any other provision of law to the contrary notwith- standing, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section. (7) For the purpose of determining additional penalties as provided by subsection (2) of this section, "overweight" means the poundage in excess of the maximum allowable gross weight or axle/axle grouping weight prescribed by RCW 46.44.041, 46.44.042, 46.44.047, 46.44.091, and 46.44.095. (8) The penalties provided in subsections (1) and (2) of this section shall be remitted as provided in chapter 3.62 RCW or RCW 10.82.070. For the purpose of computing the basic penalties and additional penalties to be imposed under subsections (1) and (2) of this section, the convictions shall be on the same vehicle or combination of vehicles within a twelve-month period under the same ownership. (9) Any state patrol officer or any weight control officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of transportation which may return it to the permittee or revoke, cancel, or suspend it without refund. The depart- ment of transportation shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transpor- tation shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before the department of transportation or person (941 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE designated by that department. After the hearing the department of transportation may reinstate any permit or revise its previous action. Every permit issued as provided for in this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforce- ment officer or authorized agent of any authority granting such a permit. Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued under RCW 46.44.095, the permit shall be canceled, and the canceled permit shall be immediately transmitted by the court or the arresting officer to the department of transportation. The vehicle covered by the canceled permit is not eligible for a new permit for a period of thirty days. (10) For the purposes of determining gross weights the actual scale weight taken by the arresting officer is prima facie evidence of the total gross weight. (11) It is a traffic infraction to direct the loading of a vehicle with knowledge that it violates the requirements in RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 and that it is to be operated on the public highways of this state. (12) The chief of the state patrol, with the advice of the department, may adopt reasonable Hiles to aid in the enforce- ment of this section. [1996 c 92 § 2; 1993 c 403 § 4; 1990 c 217 § 1; 1985 c 351 § 6; 1984 c 258 § 327; 1984 c 7 § 58; 1979 ex.s. c 136 § 75; 1975-'76 2nd exs. c 64 § 23.] Rda of cowk Monetary penalty schedak ITIR 62. Court Improvement Ad of 1984—Effedive date"everability— Short title -1984 c 258: See notes following RCW 330.010. Intent -1984 c 258: See nae following RCW 3.46.120. Severability -1984 c 7: See note following RCW 47.01.141. Effective date -Severability -1979 era c 136: See notes following RCW 46.63.010. Effective dates--Severability-1975-176 2nd eu c 64: See notes following RCW 46.16.070. RCW 46.44.120 Liability of owner, others, for violations. Whenever an act or omission is declared to be unlawful in chapter 46.44 RCW, the owner or lessee of any motor vehicle involved in such ant or omission is responsible therefor. Any person knowingly and intentionally pardcipat ing in creating an unlawful condition of use, is also subject to the penalties provided in this chapter for such unlawful act or omission. If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee. [1980 c 104 § 2; 1971 ex.s. c 148 § 1; 1969 ex.s. c 69 § 1.] RCW 46.44.130 Farm implements—Gross weight and size limitation exception—Penalty. The limitations of RCW 46.44.010, 46.44.020, 46.44.030, and 46.44.041 shall not apply to the movement of farm implements of less than forty-five thousand pounds gross weight, a total length of seventy feet or less, and a total outside width of fourteen feet or less when being moved while patrolled, flagged, [951 46.44.105 lighted, signed, and at a time of day in accordance with rules hereby authorized to be adopted by the department of transportation and the statutes. Violation of a rule adopted by the department as authorized by this section or a term of this section is a traffic infraction. [1979 ex.s. c 136 § 76; 1975276 2nd exs. c 64 § 20; 1975 1st exs. c 168 § 3; 1973 1st ex.s. c 1 § 1.] Effective X1979 errs. a 136: See notes following RCW 46.63.010. Effective dates--Severability-1975-'76 2nd exs. c 64: See notes following RCW 46.16.070. Effective date -1975 1st exs. a 168: See note following RCW 46.44.091. RCW 46.44.140 Farm implements—Special per- mits—Penalty. In addition to any other special permits authorized by law, special permits may be issued by the department of transportation for a quarterly or annual period upon such terms and conditions as it finds proper for the movement of (1) farm implements used for the cutting or threshing of mature crops; or (2) other farm implements that may be identified by rule of the department of transportation. Any farm implement moved under this section must have a gross weight less than forty-five thousand pounds and a total outside width of less than twenty feet while being moved, and such movement must be patrolled, flagged, lighted, signed, at a time of day, and otherwise in accordance with rules hereby authorized to be adopted by the department of transportation for the control of such movements. Applications for and permits issued under this section shall provide for a description of the farm implements to be moved, the approximate dates of movement, and the routes of movement so far as they are reasonably known to the applicant at the time of application, but the permit shall not be limited to these circumstances but shall be general in its application except as limited by the statutes and rules adopted by the department of transportation. A copy of the governing permit shall be carried on the farm implement being moved during the period of its movement. The department shall collect a fee as provided in RCW 46.44.0941. Violation of a term or condition under which a permit was issued, of a rule adopted by the department of transpor- tation as authorized by this section, or of a term of this section is a traffic infraction. [1984 c 7 § 60; 1979 exs. c 136 § 77; 1973 1st exs. c 1 § 2.] Severability -1984 c 7: See nae following RCW 47.01.141. Effective date—,Severobft-1979 exs c 136: See notes following RCW 46.63.010. RCW 46.44.170 Mobile home movement special permit and decal—Certitfcation of taxes paid—License plates—Rules. (1) Any person moving a mobile home as defined in RCW 46.04.302 upon public highways of the state must obtain a special permit from the department of transportation and local authorities pursuant to RCW 46.44.090 and 46.44.093 and shall pay the proper fee as prescribed by RCW 46.44.0941 and 46.44.096. (2) A special permit issued as provided in subsection (1) of this section for the movement of any mobile home shall not be valid until the county treasurer of the county in which STATUTES ADOPTED BY REFERENCE 46.44.170 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE the mobile home is located shall endorse or attach thereto his certificate that all property taxes which are a lien or which are delinquent, or both, upon the mobile home being moved have been satisfied. Further, any mobile home required to have a special movement permit under this section shall display an easily recognizable decal: PROVIDED, That endorsement or certification by the county treasurer and the display of said decal is not required when a mobile home is to enter the state or is being moved from a manufacturer or distributor to a retail sales outlet or directly to the purchaser's designated location or between retail and sales outlets. It shall be the responsibility of the owner of the mobile home or the agent to obtain such endorsement from the county treasurer and said decal. (3) Nothing herein should be construed as prohibiting the issuance of vehicle license plates for a mobile home, but no such plates shall be issued unless the mobile home for which such plates are sought has been listed for property tax purposes in the county in which it is principally located and the appropriate fee for such license has been paid. (4) The department of transportation and local authori- ties are authorized to adopt reasonable rules for implement- ing the provisions of this section. The department of transportation shall adopt rules specifying the design, reflective characteristics, annual coloration, and for the uniform implementation of the decal required by this section. [1986 c 211 § 4. Prior. 1985 c 395 § 1; 1985 c 22 § 1; 1980 c 152 § 1; 1977 ex.s. c 22 § 2.] Severability -1977 exs. c 22: See note following RCW 46.04.302. RCW 46.44.173 Notice to treasurer and assessor of county where mobile home to be located. (1) Upon validation of a special permit as provided in RCW 46.44.170, the county treasurer shall forward notice of movement of the mobile home to the treasurer's own county assessor and to the county assessor of the county in which the mobile home will be located. (2) When a single trip special permit not requiring tax certification is issued, the department of transportation or the local authority shall notify the assessor of the county in which the mobile home is to be located. When a continuous trip special permit is used to transport a mobile home not requiring tax certification, the transporter shall notify the assessor of the county in which the mobile home is to be located. Notification is not necessary when the destination of a mobile home is a manufacturer, distributor, retailer, or location outside the state. (3) A notification under this section shall state the specific, residential destination of the mobile home. [1984 c7§61; 1977 exs. c 22 § 3.] Severability -1984 a 7: Sex note following RCW 47.01.141. Severability -1977 exs. a 22: See note following RCW 46.04302 RCW 46.44.175 Penalties—Hearing. Failure of any person or agent acting for a person who causes to be moved or moves a mobile home as defined in RCW 46.04.302 upon public highways of this state and failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for which a penalty of not less than one hundred dollars or more than five hundred dollars shall be assessed. In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days. Any person who shall alter, reuse, transfer, or forge the decal required by RCW 46.44.170, or who shall display a decal knowing it to have been forged, reused, transferred, or altered, shall be guilty of a gross misdemeanor. Any person or agent who is denied a special permit or whose special permit is suspended may upon request receive a hearing before the department of transportation or the local authority having jurisdiction. The department or the local authority after such hearing may revise its previous action. [1995 c 38 § 11; 1994 c 301 § 15; 1985 c 22 § 2; 1979 ex.s. c 136 § 78; 1977 ex.s. c 22 § 4.1 Ada of municipal officers ratified and confirmed—I995 c 38: See note following RCW 3.02.045. Effective X1979 exs. a 136: See notes following RCW 46.63.010. Severability -1977 ex& c 22: See note following RCW 46.04302. RCW 46.44.180 Operation of mobile home pilot vehicle without insurance unlawful—Amounts— Exception—Penalty. (1) It is unlawful for a person, other than an employee of a dealer or other principal licensed to transport mobile homes within this state acting within the course of employment with the principal, to operate a pilot vehicle accompanying a mobile home, as defined in RCW 46.04.302, being transported on the public highways of this state, without maintaining insurance for the pilot vehicle in the minimum amounts of- (a) f(a) One hundred thousand dollars for bodily injury to or death of one person in any one accident; (b) Three hundred thousand dollars for bodily injury to or death of two or more persons in any one accident; and (c) Fifty thousand dollars for damage to or destruction of property of others in any one accident. (2) Satisfactory evidence of the insurance shall be carried at all times by the operator of the pilot vehicle, which evidence shall be displayed upon demand by a police officer. (3) Failure to maintain the insurance as required by this section is a gross misdemeanor. Failure to carry or disclose the evidence of the insurance is a misdemeanor. [1980 c 153 § 3.] [961. RCW 46.4&170 State patrol authority—Rules and regulations. The Washington state patrol acting by and through the chief of the Washington state patrol shall have the authority to adopt and enforce the regulations promulgat- ed by the United States department of transportation, Title 49 CFR parts 100 through 199, transportation of hazardous materials, as these regulations apply to motor carriers. "Motor carrier" means any person engaged in the transporta- tion of passengers or property operating interstate and intrastate upon the public highways of this state, except farmers. The chief of the Washington state patrol shall confer with the emergency management council under RCW 38.52.040 and may make rules and regulations pertaining STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE thereto, sufficient to protect persons and property from unreasonable risk of harm or damage. The chief of the Washington state patrol shall establish such additional rules not inconsistent with Title 49 CFR parts WO through 199, transportation of hazardous materials, which for compelling reasons make necessary the reduction of risk associated with the transportation of hazardous materials. No such rules may lessen a standard of care; however, the chief of the Washington state patrol may, after conferring with the emergency rnanagenlent council, establish a rule imposing a more stringent standard of care. The chief of the Washing- ton state patrol shall appoint the necessary qualified person- nel to carry out the provisions of RCW 46.48.170 through *46.48.190. [1988 c 81 § 19; 1980 c 20 § 1; 1961 c 12 § 46.48.170. Prior. 1951 c 102 § 1; 1949 c 101 § 1; Rem. Supp. 1949 § 6360-63a.] *Reviser's note: RCW 46.48.190 was repealed by 1988 c 81 $ 20. RCW 46.48.175 Rules--Penalties—Responsibility for compliance. Each violation of any rules and/or regula- tions made pursuant to RCW 46.48.170 or 81.80.290 pertaining to vehicle equipment on motor carriers transport- ing hazardous material shall be a misdemeanor. Bail for such a violation shall be set at a minimum of one hundred dollars. The fine for such a violation shall be not less than two hundred dollars nor more than five hundred dollars. Compliance with the provisions of this chapter is the primary responsibility of the owner or lessee of the vehicle or any vehicle used in combination that is cited in the violation. [1980 c 104 § 1; 1961 c 12 § 46.48.175. Prior: 1951 c 102 § 2.] Rules of court: Bal fa erimbud traffic offense cases—Mandatory appear- ance—CrRU 3.2. RCW 46.48.185 Inspections. The chief of the Washington state patrol shall direct the necessary qualified personnel to inspect the cargo of any motor carriers vehicle transporting hazardous material, inspect for proper securing, and inspect for the combined loading of cargo which would be inconsistent with the provisions of Title 49 CFR, parts 100 through 199. Authorized personnel inspecting loads of hazardous material shall do so in the presence of a represen- tative of the motor carrier. Seal and locking devices may be removed as necessary to facilitate the inspection. The seals or locking devices removed shall be replaced by the Wash- ington state patrol with a written form approved by the chief to certify seal or locking device removal for inspection of the cargo. [1980 c 20 § 3.] RCW 46.52.010 Duty on striking unattended car or other property—Penalty. The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle. [971 46.48.170 The driver of any vehicle involved in an accident resulting only in damage to property fixed or placed upon or adjacent to any public highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator and owner of the vehicle striking such property, or shall leave in a conspicuous place upon the property struck a written notice, giving the name and address of the operator and of the owner of the vehicle so striking the property, and such person shall further make report of such accident as in the case of other accidents upon the public highways of this state. Any person violating the provisions of this section is guilty of a misdemeanor. [1979 ex.s. c 136 § 79; 1961 c 12 § 46.52.010. Prior. 1937 c 189 § 133; RRS § 6360-133; 1927 c 309 § 50, part; RRS § 6362-50, part.] Rules of court: Bail in criminal traffic offense cases—Mandatory oppear- ance--CrRU 3.2. Effective date—.Severability-1979 exs. c 136: See nota following RCW 46.63.010. Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100. RCW 4652.020 Duty in case of injury to or death of person or damage to attended vehicle or other proper- ty—Penalty. (1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary. (2) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstruct- ing bstructing traffic more than is necessary. (3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person or damage to other property shall give his name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his vehicle driver's license to any person struck or injured or the drives or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physi- cian or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his behalf. Under no circum- stances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident. (4) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the STATUTES ADOPTED BY REFERENCE 4652.020 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE requirements of subsection (3) of this section under said circumstances shall be guilty of a class C felony and, upon conviction, be punished pursuant to RCW 9A.20.020: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith. (5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith. (6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give informa- tion or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department. (7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section. [1990 a 210 § 2; 1980 a 97 § 1; 1979 ex.s. c 136 § 80; 1975276 2nd exs. c 18 § I. Prior. 1975 1st ex.s. c210§ 1; 1975c62§ 14; 1967c32§ 53; 1961 c 12 § 4652.020; prior: 1937 c 189 § 134; RRS § 6360-134; 1927 c 309 § 50, part; RRS § 6362-50, part.] Rada of corn!: Batt in cnmuud traffic offense cases Mandatory appear- arce—&RU 3.2. Effective date -1980 c 97: "This 1980 act shall take effect on July 1. INV [1980 c 97 § 3.] gaedive dah—Severability-1979 exs. c 136: See notes following RCW 46.63.010. Severability -1975 c 62: See nae following RCW 36.75.010. Arrest of person violating duty in case of injury to or death of person or damage to attended vehicle: RCW 10.31.100. RCW 46.52.030 Accident reports. (1) Unless a report is to be made by a law enforcement officer under subsection (3) of this section, the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extant equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within four days after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits accident reports from being filed by drivers where damage to property is less than the minimum amount or where a law enforcement officer has submitted a report. (2) The original of the report shall be immediately forwarded by the authority receiving the report to the chief of the Washington state patrol at Olympia, Washington. The Washington state patrol shall give the department of licens- ing full access to the report. (3) Any law enforcement officer who investigates an accident for which a report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 4652.070. (4) The chief of the Washington state patrol may require any driver of any vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report in the chiefs opinion is insufficient, and may likewise require witnesses of any such accident to render reports. For this purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department, coroner, sheriff, and any other suitable agency or individual, sample forms of accident reports required hereunder, which reports shall be upon a form devised by the chief of the Washington state patrol and shall call for sufficiently detailed information to disclose all material facts with reference to the accident to be repotted thereon, including the location, die circumstances, the conditions then existing, the persons and vehicles involved, the insurance information required under RCW 46.30.030, personal injury or death, if any, the amounts of property damage claimed, the total number of vehicles involved, whether the vehicles were legally parked, legally standing, or moving, and whether such vehicles were occupied at the time of the accident. Every required accident report shall be made on a form prescribed by the chief of the Washington state patrol and each authority charged with the duty of receiving such reports shall provide sufficient report forms in compliance with the form devised. The report forms shall be designated so as to provide that a copy may be retained by the reporting person. (5) The chief of the Washington state patrol shall adopt rules establishing the accident -reporting threshold for property damage accidents. Beginning October 1, 1987, the accident -reporting threshold for property damage accidents shall be five hundred dollars. The accident -reporting threshold for property damage accidents shall be revised when necessary, but not more frequently than every two years. The revisions shall only be for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the time period since the last revision. [1997 c 248 § 1; 1996 c 183 § 1; 1989 c 353 § 5; 1987 c 463 § 2; 1981 c 30 § 1; 1979 c 158 § 160•, 1979 c 11 § 2. Prior. 1977 ex.s. c 369 § 2; 1977 exs. c 68 § 1; 1969 exs. c 40 § 2; 1967 c 32 1943 c 154 § is 1937 c 1 9 �rior. 89 § 35; RRS § 6360-1 5.1 Effective date -1997 a 148: wads act is necessary for the itnmediate presavation of the public peace, health. or safety, or support of the $tate govaomeat and its existing public ins itunom and talcs effect immediately [May 2,1997]." [1997 c 148; 2.] Effective date -1996 c 183: ongs act takes effect July 1, 1996.' [1996c183§3.1 (98] STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 4652.030 .,erability—Effective date -1989 c 353: See RCW 46.30.900 and Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.52.040 Accident reports—Report when lerstor disabled. Whenever the driver of the vehicle pived in any accident, concerning which accident report required, is physically incapable of making the required ,]dent report and there is another occupant other than a sscnger for hire therein, in the vehicle at the time of the cident capable of making a report, such occupant shall Ike or cause to be made such report. Upon recovery such Iver shall make such report in the manner required by law. ?67 c 32 § 55; 1961 c 12 § 46.52.040. Prior: 1937 c 189 136; RRS § 6360-136.1 RCW 4652070 Police officer's report. Any police lacer of the state of Washington or of any county, city, wn or other political subdivision, present at the scene of iy accident or in possession of any facts concerning any cident whether by way of official investigation or other- ise shall make report thereof in the same manner as quired of the parties to such accident and as fully as the cis in his possession concerning such accident will permit. 967 c 32 § 57; 1961 c 12 § 46.52.070. Prior: 1937 c 189 139; RRS § 6360-139.1 RCW 46.52.080 Confidentiality of reports— Information required to be disclosed—Evidence. All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the county prosecuting attorney and chief of police or county sheriff, as the case may be, and the director of licensing and the chief of the Washington state patrol, and other officer or commis- sion as authorized by law, except that any such officer shall disclose the names and addresses of persons reported as involved in an accident or as witnesses thereto, the vehicle license plate numbers and descriptions of vehicles involved, and the date, time and location of an accident, to any person who may have a proper interest therein, including the driver or drivers involved, or the legal guardian thereof, the parent of a minor driver, any person injured therein, the owner of vehicles or property damaged thereby, or any authorized representative of such an interested party, or the attorney or insurer thereof. No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the chief of the Washington state patrol solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law: PROVIDED, That the reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of RCW 4652.088. [1979 c 158 § 162; 1975 c 62 § 15; 1967 c 32 § 58; 1965 ex.s. c 119 § 3; 1961 c 12 § 46.52.080. Prior. 1937 c 189 § 140; RRS § 6360-140.1 1991 RCW 46.52.088 Reports—False information. A person shall not give information in oral or written reports as required in chapter 46.52 RCW knowing that such information is false. [1975 c 62 § 16.] Severability -1975 c 62: See note following RCW 36.75.010. RCW 4652.090 Reports of major repairs, etc.— Violations, penalties—Rules—Exceptions for older vehicles. Any person, firm, corporation, or association engaged in the business of repairs of any kind to vehicles or any person, firm, corporation, or association which may at any time engage in any kind of major repair, restoration, or substantial alteration to a vehicle required to be licensed or registered under this title shall maintain verifiable records regarding the source of used major component parts used in such repairs, restoration, or alteration. Satisfactory records include but are not limited to personal identification of the seller if such parts were acquired from other than a *motor vehicle wrecker licensed under chapter 46.80 RCW, signed work orders, and bills of sale signed by the seller whose identity and address has been verified describing parts acquired, and the make, model, and vehicle identification number of a vehicle from which the following parts are removed: (1) Engines and short blocks, (2) frames, (3) transmissions and transfer cases, (4) cabs, (5) doors, (6) front or rear differentials, (7) front or rear clips, (8) quarter panels or fender;, (9) bumpers, (10) truck beds or boxes, (11) seats, and (12) hoods. Such records shall be kept for a period of four years and shall be made available for inspection by a law enforcement officer during ordinary business hours. The acquisition of a part without a substantiating bill of sale or invoice from the parts supplier or failure to comply with any rules adopted under this section is a gross misde- meanor. Failure to obtain the vehicle identification number for those parts requiring that it be obtained is a gross misdemeanor. Failure to keep records for four years or to make such records available during normal business hours to a law enforcement officer is a gross misdemeanor. The chief of the Washington state patrol shall adopt rules for the purpose of regulating record-keeping and parts acquisition by vehicle repairers, restorers, rebuilders, or those who perform substantial vehicle alterations. The provisions of this section do not apply to major repair, restoration, or alteration of a vehicle thirty years of age or older. [1983 c 142 § 1; 1967 c 32 § 59; 1961 c 12 § 46.52.090. Prior: 1937 c 189 § 141; RRS § 6360-141.] Rules of court: Ball in criminal tra85c offense cases --Mandatory appear- ance—CrRU 3.2. *Reviser's note: "Motor vehicle wrecker" redesignated "vehicle wrecker" by 1995 c 256. RCW 4652100 Record of traffic charges—Reports of court District court venue—Driving under influence of liquor or drugs. Every district court, municipal court, and clerk of superior court shall keep or cause to be kept a record of every traffic complaint, traffic citation, notice of infraction, or other legal form of traffic charge deposited with or presented to the court or a traffic violations bureau, STATUTES ADOPTED BY REFERENCE 4652.100 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE and shall keep a record of every official action by the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, finding that a traffic infraction has been committed, dismissal of a notice of infraction, and the amount of fine, forfeiture, or penalty resulting from every traffic complaint, citation, or notice of infraction deposited with or presented to the district court, municipal court, superior court, or traffic violations bureau. The Monday following the conviction, forfeiture of bail, or finding that a traffic infraction was committed for violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, every magistrate of the court or clerk of the court of record in which such conviction was had, bail was forfeited, or the finding made shall prepare and immediately forward to the director of licensing at Olympia an abstract of the record of the court covering the case, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any finding involving the illegal parking or standing of a vehicle. The abstract must be made upon a form or forms furnished by the director and shall include the name and address of the party charged, the number, if any, of the party's driver's or chauffeur's license, the registration number of the vehicle involved if required by the director, the nature of the offense, the date of hearing, the plea, the judgment, whether the offense was an alcohol-related offense as defined in RCW 46.01.260(2), whether bail forfeited, whether the determination that a traffic infraction was committed was contested, and the amount of the fine, forfei- ture, or penalty as the case may be. Every court of record shall also forward a like report to the director upon the conviction of any person of a felony in the commission of which a vehicle was used. The failure of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom. The director shall keep all abstracts received hereunder at the director's office in Olympia and the same shall be open to public inspection during reasonable business hours. Venue in all district courts shall be before one of the two nearest district judges in incorporated cities and towns nearest to the point the violation allegedly occurred: PROVIDED, That in counties with populations of one hundred twenty-five thousand or more such cases may be tried in the county seat at the request of the defendant. It shall be the duty of the officer, prosecuting attorney, or city attorney signing the charge or information in any case involving a charge of driving under the influence of intoxi- cating liquor or any drug immediately to make request to the director for an abstract of convictions and forfeitures which the director shall furnish. (1995 c 219 § 3; 1994 c 275 § 15; 1991 c 363 § 123; 1987 c 3 § 18; 1985 c 302 § 6; 1983 c 2 § 12. Prior. 1979 ex s. c 176 § 4; 1979 ex.s. c 136 § 81; 1979 c 158 § 163; 1967 c 32 § 60; 1961 c 12 § 46.52.100; prior. 1955 c 393 § 2; 1949 c 196 § 15; 1937 c 189 § 142; Rem. Supp. 1949 § 6360-142.] &der of ca ft Bail in criminal tmf °ic offense cases—Mandwory appear- awe--CrRU 3.2. 11001 Short titre—Fdective date -1994 c 275: Sot notes following RCW 46.04.015. Auposc--Captiotes not law -1991 c 363: See nota following RCW 232.180. Sevembility-1987 c 3: See note following RCW 3.46.020. SeverabIDty-1983 a 2: See note following RCW 18.71.030. Sevemb8ity-1979 ex& a 176: Sat nae following RCW 46.61502. Effective date -Seve ability -1979 exs. c 136: See notes following RCW 46.63.010. RCW 4655.010 Defuattions. The definitions set forth in this section apply throughout this chapter: (1) "Abandoned vehicle" means a vehicle that a regis- tered tow truck operator has impounded and held in the operator's possession for ninety-six consecutive hours. (2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned. (3) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds—public and private. (a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located. (b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. (4) "Junk vehicle" means a vehicle certified under RCW 4655.230 as meeting at least three of the following require- ments: (a) Is three years old or older, (b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission; (c) Is apparently inoperable; (d) Has an approximate fair market value equal only to the approximate value of the scrap in it. (5) "Master log" means the document or an electronic facsimile prescribed by the department and the Washington state patrol in which an operator records transactions involving impounded vehicles. (6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of aban- doned vehicles. (7) "Residential property" means property that has no more than four living units located on it. (8) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equip- ment as approved by the state patrol. (9) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington. (10) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it. (11) '"row truck service" means the transporting upon the public streets and highways of this state of vehicles, STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE together with personal effects and cargo, by a tow truck of a registered operator. (12) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: Subject to removal after: (a) Public locations: (i) Constituting an accident or a traffic hazard as defined in RCW 4655.113 ......... Immediately (ii) On a highway and tagged as described in RCW 46.55.085 ........................ 24 hours (iii) In a publicly owned or controlled parking facility, properly posted under RCW 4655.070 ..................... Immediately (b) Private locations: (i) On residential property ............ Immediately (i) On private, nonresidential property, properly posted under RCW 46.55.070 ............ Immediately (iii) On private, nonresidential property, not posted ........................ 24 hours [1994 c 176 § 1; 1991 c 292 § 1; 1989 c 111 § 1. Prior. 1987 c 330 § 739; 1987 c 311 § 1; 1985 c 377 § 1.] Constmetion---Application of rules--Severability-1987 c 330: See notes following RCW 2813.12.050. RCW 4655.020 Registration required—Penalty. A person shall not engage in or offer to engage in the activities of a registered tow truck operator without a current registra- tion certificate from the department of licensing authorizing him to engage in such activities. Any person engaging in or offering to engage in the activities of a registered tow truck operator without the registration certificate required by this chapter is guilty of a gross misdemeanor. A registered operator who engages in a business practice that is prohibited under this chapter may be issued a notice of traffic infraction under chapter 46.63 RCW and is also subject to the civil penalties that may be imposed by the department under this chapter. A person found to have committed an offense that is a traffic infraction under this chapter is subject to a monetary penalty of at least two hundred fifty dollars. All traffic infractions issued under this chapter shall be under the jurisdiction of the district court in whose jurisdiction they were issued. [1989 c 111 § 2; 1985 c 377 § 2.] RCW 46.55.025 Registration or insurance re- quired—Penalty. A vehicle engaging in the business of recovery of disabled vehicles for monetary compensation, from or on a public road or highway must either be operated by a registered tow truck operator, or someone who at a minimum has insurance in a like manner and amount as prescribed in RCW 46.55.030(3), and have had their tow trucks inspected in a like manner as prescribed by RCW 46.55.040(1). The department shall adopt rules to enforce this section. Failure to comply with this section is a class 1 civil infraction punishable under RCW 7.80.120. [1995 c 360 § 2.] (101] 4655.010 RCW 4655.035 Prohibited acts—Penalty. (1) No registered tow truck operator may: (a) Except as authorized under RCW 46.55.037, ask for or receive any compensation, gratuity, reward, or promise thereof from a person having control or possession of private property or from an agent of the person authorized to sign an impound authorization, for or on account of the impounding of a vehicle; (b) Be beneficially interested in a contract, agreement, or understanding that may be made by or between a person having control or possession of private property and an agent of the person authorized to sign an impound authorization; (c) Have a financial, equitable, or ownership interest in a firm, partnership, association, or corporation whose functions include acting as an agent or a representative of a property owner for the purpose of signing impound authori- zations. (2) This section does not prohibit the registered tow truck operator from collecting the costs of towing, storage, or other services rendered daring the course of towing, removing, impounding, or storing of an impounded vehicle as provided by RCW 46.55.120. (3) A violation of this section is a gross misdemeanor. [1992c 18§ 1; 1999c 111 §4.1 Ridfng in towed vehicles: RCW 46.61.625. Safety chains for towing: RCW 46.37.495. RCW 46.55.037 Compensation for private im- pounds. A registered tow truck operator may receive compensation from a private property owner or agent for a private impound of an unauthorized vehicle that has an approximate fair market value equal only to tate approximate value of the scrap in it. The private property owner or an agent must authorize the impound under RCW 4655.080. The registered tow truck operator shall process the vehicle in accordance with this chapter and shall deduct any com- pensation received from the private property owner or agent from the amount of the lien on the vehicle in accordance with this chapter. [1992 c 18 § 2.] RCW 46.55.040 Permit required Inspections of equipment and facilities. (1) A registered operator shall apply for and keep current a tow truck permit for each tow truck of which the operator is the registered owner. Appli- cation for a tow truck permit shall be accompanied by a report from the Washington state patrol covering a physical inspection of each tow truck capable of being used by the applicant. (2) Upon receipt of the fee provided in RCW 4655.030(4) and a satisfactory inspection report from the state patrol, the department shall issue each tow truck an annual tow truck permit or decal. The class of the tow truck, determined according to RCW 46.55.050, shall be stamped on the permit or decal. The permit or decal shall be displayed on the passenger side of the truck's front windshield. (3) A tow truck number from the department shall be affixed in a permanent manner to each tow truck. (4) The Washington state patrol shall conduct annual inspections of tow truck operators' equipment and facilities STATUTES ADOPTED BY REFERENCE 4655.040 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE during the operators' normal business hours. Unscheduled inspections may be conducted without notice at the operator's place of business by an inspector to determine the fitness of a tow truck or facilities. At the time of the inspection, the operator, shall provide a paper copy of the master log referred to in RCW 4655.080. (5) If at the time of the annual or subsequent inspections the equipment does not meet the requirements of this chapter, and the deficiency is a safety related deficiency, or the equipment is necessary to the truck's performance, the inspector shall cause the registered tow truck operator to remove that equipment from service as a tow truck until such time as the equipment has been satisfactorily repaired. A red tag shall be placed on the windshield of a tow truck taken out of service, and the tow truck shall not provide tow truck service until the Washington state patrol recertifies the truck and removes the tag. [1989 c 111 § 5; 1985 c 377 § 4.1 RCW 46.55.050 Classification of tracks—Marking requirements—Time and place of inspection—Penalty. (1) Tow trucks shall be classified by towing capabilities, and shall meet or exceed all equipment standards set by the state patrol for the type of tow trucks to be used by an operator. (2) All tow trucks shall display the firm's name, city of address, and telephone number. This information shall be painted on or permanently affixed to both sides of the vehicle in accordance with rules adopted by the department. (3) Before a tow truck is put into tow truck service, or when the reinspection of a tow truck is necessary, the district commander of the state patrol shall designate a location and time for the inspection to be conducted. When practicable, the inspection or reinspection shall be made within three business days following the request by the operator. (4) Failure to comply with any requirement of this section or rules adopted under it is a traffic infraction. [1987 c 330 § 740; 1985 c 377 § 5.1 Construction—Appuation of rules--Severability-1987 c 330: See notes fonowing RCW 288.12.050. RCW 46.55.060 Business location—Requirements. (1) The address that the tow truck operator lists on his or her application shall be the business location of the firm where its files are kept. Each separate business location requires a separate registration under this chapter. The application shall also list all locations of secure areas for vehicle storage and redemption. (2) Before an additional lot may be used for vehicle storage, it must be inspected and approved by the state patrol. The lot must also be inspected and approved on an annual basis for continued use. (3) Each business location must have a sign displaying the firm's name that is readable from the street. (4) At the business locations listed where vehicles may be redeemed, the registered operator shall post in a conspicu- ous and accessible location: (a) All pertinent licenses and permits to operate as a registered tow truck operator, (b) The current towing and storage charges itemized on a form approved by the department; (c) The vehicle redemption procedure and rights; (d) Information supplied by the department as to where complaints regarding either equipment or service are to be directed; (e) Information concerning the acceptance of commer- cially reasonable tender as defined in RCW 46.55.120(1)(b). (5) The department shall adopt Hiles concerning fencing and security requirements of storage areas, which may provide for modifications or exemptions where needed to achieve compliance with local zoning laws. (6) On any day when the registered tow truck operator holds the towing services open for business, the business office shall remain open with personnel present who are able to release impounded vehicles in accordance with this chapter and the rules adopted under it. The normal business hours of a towing service shall be from 8:00 am. to 5:00 p.m. on weekdays, excluding Saturdays, Sundays, and holidays. (7) A registered tow truck operator shall maintain personnel who can be contacted twenty-four hours a day to release impounded vehicles within a reasonable time. (8) A registered operator shall provide access to a telephone for any person redeeming a vehicle, at the time of redemption. [1989 c 111 § 6; 1987 c 311 § 3; 1985 c 377 § 6.1 RCW 4655.063 Fees, schedules, contracts, invoices. (1) An operator shall file a fee schedule with the department. All filed fees must be adequate to cover the costs of service provided. No fees may exceed those filed with the depart- ment. At least ten days before the effective date of any change in an operator's fee schedule, the registered tow truck operator shall file the revised fee schedule with the department. (2) Towing contracts with private property owners shall be in written form and state the hours of authorization to impound, the persons empowered to authorize the impounds. and the present charge of a private impound for the classes of tow trucks to be used in the impound, and must be retained in the files of the registered tow truck operator for three years. (3) A fee that is charged for tow truck service must be calculated on an hourly basis, and after the first hour must be charged to the nearest quarter hour. (4) Fees that are charged for the storage of a vehicle, or for other items of personal property registered or tided with the department, must be calculated on a twenty-four hour basis and must be charged to the nearest half day from the time the vehicle arrived at the sector storage area. However, items of personal property registered or titled with the- department hedepartment that are wholly contained within an impounded vehicle are not subject to additional storage fees; they are, however, subject to satisfying the underlying lien for towing and storage of the vehicle in which they are contained. (5) All billing invoices that are provided to the redeemer of the vehicle, or other items of personal property registered or titled with the department, must be itemized so that the individual fees are clearly discernable. [1995 c 360 § 3; 1989cIII §7.1 [1021 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 4655.070 Posting requirements—Exception. (1) No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than twenty- four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates: (a) The times a vehicle may be impounded as an unauthorized vehicle; and (b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed. (2) The requirements of subsection (1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impound- ed immediately upon giving written authorization. (3) The department shall adopt rules relating to the size of the sign required by subsection (1) of this section, its lettering, placement, and the number required. (4) This section applies to all new signs erected after July 1, 1986. All other signs must meet these requirements by July 1, 1989. [1987 c 311 § 4; 1985 c 377 § 7.1 RCW 4655.080 Law enforcement impound, private Impound—Master log—Certain associations restricted. (1) If a vehicle is in violation of the time restrictions of RCW 46.55.010(12), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or an agent if it is on private property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order. (2) The person requesting a private impound or a law enforcement officer or public official requesting a public impound shall provide a signed authorization for the im- pound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound. A registered tow truck operator, employee, or his or her agent may not serve as an agent of a property owner for the purposes of signing an impound authorization or, independent of the property owner, identify a vehicle for impound. (3) In the case of a private impound, the impound authorization shall include the following statement: "A person authorizing this impound, if the impound is found in violation of chapter 46.55 RCW, may be held liable for the costs incurred by the vehicle owner." (4) A registered tow truck operator shall record and keep in the operator's files the date and time that a vehicle is put in the operator's custody and released. The operator shall make an entry into a master log regarding transactions relating to irnpoimded vehicles. The operator shall make this master log available, upon request, to representatives of the department or the state patrol. (5) A person who engages in or offers to engage in the activities of a registered tow truck operator may not be associated in any way with a person or business whose main activity is authorizing the impounding of vehicles. [1989 c 111 § 8; 1987 c 311 § 5; 1985 c 377 § 8.] 4655.070 RCW 46.55.085 Law enforcement impound— Unauthorized vehicle in right of way. (1) A law enforce- ment officer discovering an unauthorized vehicle left within a highway right of way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information: (a) The date and time the sticker was attached; (b) The identity of the officer; (c) A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense;and (d) The address and telephone number where additional information may be obtained. (2) If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker. (3) If the vehicle is not removed within twenty-four hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle's removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. (4) For the purposes of this section a place of safety includes the business location of a registered tow truck operator. [1993 c 121 § 1; 1987 c 311 § 6. Formerly RCW 46.52.170 and 4652.180.1 RCW 4655.090 Storage, return requirements— Personal property—Combination endorsement for tow truck drivers—Viewing impounded vehicle. (1) All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the applica- tion filed with the department. (2) All vehicles shall be handled and returned in substantially the same condition as they existed before being towed. (3) All personal belongings and contents in the vehicle, with the exception of those items of personal property that are registered or titled with the department, shall be kept intact, and shall be returned to the vehicle's owner or agent during normal business hours upon request and presentation of a driver's license or other sufficient identification. Personal belongings, with the exception of those items of personal property that are registered or titled with the department, shall not be sold at auction to fulfill a lien against the vehicle. (4) All personal belongings, with the exception of those items of personal property that are registered or titled with the department, not claimed before the auction shall be turned over to the local law enforcement agency to which the initial notification of impoundment was given. Such personal belongings shall be disposed of pursuant to chapter 6332 or 63.40 RCW. 11031 STATUTES ADOPTED BY REFERENCE 4655.090 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (5) Tow truck drivers shall have a Washington state driver's license endorsed for the appropriate classification under chapter 46.25 RCW or the equivalent issued by another state. (6) Any person who shows proof of ownership or written authorization from the impounded vehicle's regis- tered or legal owner or the vehicle's insurer may view the vehicle without charge during normal business hours. [1995 c 360 § 4; 1989 c 178 § 25; 1987 c 311 § 7; 1985 c 377 § 9.] Severability—Etrective dates -1989 c 178: See RCW 46.25.900 and 46.25.901. RCW 46.55.100 Impound notice—Abandoned vehicle report—Owner information—Disposition report (1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communi- cation center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsec- tion do not apply until the requesting law enforcement agency in this state receives the information. (2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator's possession after the ninety-six hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold. The owner notification and abandon- ment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold is no longer in effect (3) Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy-two hours. (4) Within fifteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the crime information center of the Washington state patrol. (5) If the operator sends an abandoned vehicle report to the department and the department finds no owner informa- tion, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle. 11041 (6) If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle's or other property's owners. [1995 c 360 § 5; 1991 c 20 § 1; 1989 c 111 § 9; 1987 c 311 § 8; 1985 c 377 § 10.] RCW 4655.105 Responsibility of registered owner. (1) The abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the aban- doned vehicle, less amounts realized at auction. (2) If an unauthorized vehicle is found abandoned under subsection (1) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic infraction, unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other monetary penalty payable under chapter 46.63 RCW, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140. (3) Filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) or a vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsec- tions (1) and (2) of this section. (4) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.100, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of traffic infraction to the department under RCW 46.63.070(5), a traffic infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking violation. (5) A notice of infraction for a violation of this section may be filed with a court of limited jurisdiction organized under Title 3, 35, or 35A RCW, or with a violations bureau subject to the court's jurisdiction. [1995 c 219 § 4; 1993 c 314 § 1.] RCW 46.55.110 Notice to legal and registered owners. (1) When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty- four hours after the impoundment to the last known regis- tered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursu- ant to RCW` 46.55.120. (2) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners. (3) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed. [1995 c 360§6; 1989c 111 § 10; 1987 c 311 §9; 1985 c 377 § 11.1 RCW 46.55.113 Removal by police officer. When- ever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances: (1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the road- way; (2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety; (3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property; (4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer; (5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle; (6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61581 which space is provided on private property without charge or on public property; (7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420. Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator. [1997 c 66 § 7; 46.55.110 1996 c 89 § 1; 1994 c 275 § 32; 1987 c 311 § 10. Formerly RCW 46.61.565.1 Short titre—Effective date -1994 c 275: See notes following RCW 46.04.015. RCW 46.55.120 Redemption of vehicles --Sale of unredeemed vehicles or personal property— Impoundment in violation of chapter. (1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following circumstances: (a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department (b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accom- panied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees. (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided. (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to 11051 STATUTES ADOPTED BY REFERENCE 4655.120 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdic- tion to determine the issues involving all impoundments including those authorized by the state or its agents. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. If the hearing request is not received by the district court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the district court shall proceed to hear and determine the validity of the impound- ment. (3)(a) The district court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time. (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing. (c) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compli- ance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates. (d) If the impoundment is found proper, the impound- ment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent. (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authoriz- ing the impound. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mai'ing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows: TO:...... YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the ...... Court located at . in the sum of $....... in an action entitled ....... Case No..... YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW ... if the judgment is not paid within 15 days of the date of this notice. DATED this .... day of ....... 19.. . Signature .......... Typed name and address of party mailing notice (4) Any impounded abandoned vehicle or item of personal property regist or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provi- sions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees. (1996 c 89 § 2; 1995 c 360 § 7; 1993 c 121 §3, 1989 c 111 § 11; 1987 c 311 § 12; 1985 c 377 § 12.1 RCW 46.55.130 Notice requirements—Public auction—Accumulation of storage charges. (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and We required in RCW 4655.110(2) to the registered and legal owners, the vehicle remains un- claimed and has not been listed as a stolen vehicle, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of .general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day. public (2) The following procedures are required in any p auction of such abandoned vehicles: (a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid; (b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written lid on a specific vehicle. Written bids may be submitted up to five days before the auction and (1061 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid; (c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded; (d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder, (e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid; (f) The successful bidder shall apply for title within fifteen days; (g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted; (h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as deter- mined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner, (i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within thirty days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report -affidavit of sale, or the operator shall apply for title to the vehicle. (3) In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold. (4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(2). (b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incom- plete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. [1989 c 111 § 12; 1987 c 311 § 13; 1985 c 377 § 13.] RCW 4655.140 Operator's lien, deficiency claim, liability. (1) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the impounded vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid. The lien does not apply to personal property in or upon the vehicle that is not perma- 4655.130 nently attached to or is not an integral part of the vehicle except for items of personal property registered or titled with the department. The registered tow truck operator also has a deficiency claim against the registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of five hundred dollars after deduction of the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars after deduc- tion of the amount bid at auction, unless the impound is determined to be invalid. The limitation on towing and storage deficiency claims does not apply to an impound directed by a law enforcement officer. In no case may the cost of the auction or a buyer's fee be added to the amount charged for the vehicle at the auction, the vehicle's lien, or the overage due. A registered owner who has completed and filed with the department the seller's report as provided for by RCW 46.12.101 and has timely and properly filed the seller's report is relieved of liability under this section. The person named as the new owner of the vehicle on the timely and properly filed seller's report shall assume liability under this section. (2) Any person who tows, removes, or otherwise disturbs any vehicle parked, stalled, or otherwise left on privately owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not comply with the requirements of this chapter. [1995 c 360 § 8; 1992 c 200 § 1; 1991 c 20 § 2; 1989 c 111 § 13; 1987 c 311 § 14; 1985 c 377 § 14.] 11071 RCW 46.55.150 Vehicle transaction file. The registered tow truck operator shall keep a transaction file on each vehicle. The transaction file shall contain as a mini- mum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction: (1) A signed impoundment authorization as required by RCW 46.55.080; (2) A record of the twenty-four hour written impound notice to a law enforcement agency; (3) A copy of the impoundment notification to regis- tered and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded; (4) A copy of the abandoned vehicle report that was sent to and returned by the department; (5) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction; (6) A copy of the published notice of public auction; (7) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale price; STATUTES ADOPTED BY REFERENCE 4655.150 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (8) A record of the two highest bid offers on the vehicle, with the names, addresses, and telephone numbers of the two bidders; (9) A copy of the notice of opportunity for hearing given to those who redeem vehicles; (10) An itemized invoice of charges against the vehicle. The transaction file shall be kept for a minimum of three years. [1989 c 111 § 14; 1987 c 311 § 15; 1985 c 377 § 15.] RCW 4655.160 Availability of records, equipment, and facilities for audit and inspection. Records, equip- ment, and facilities of a registered tow truck operator shall be available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency having jurisdic- tion. [1985 c 377 § 16.] RCW 4655.170 Complaints, where forwarded. (1) All law enforcement agencies or local licensing agencies that receive complaints involving registered tow truck operators shall forward the complaints, along with any supporting documents including all results from local investigations, to the department. (2) Complaints involving deficiencies of equipment shall be forwarded by the department to the state patrol. [1987 c 330 § 741; 1985 c 377 § 17.1 Construction—Application of nda--Severability-1987 a 330: See notes following RCW 28B.12.050. RCW 4655.230 Junk vehicles—Removal, disposal, sale. (1) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the scrap in it. (2) The law enforcement officer or department represen- tative shall provide information on the vehicle's registered and legal owner to the landowner. _ (3) Upon receiving information on the vehicle's regis- tered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle. (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document (5) If no information on the vehicle's registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document. (6) The landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle. (7) For the purposes of this section, the term "landown- er' includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property. (8) A person complying in good faith with the require- ments of this section is immune from any liability arising out of an action taken or omission made in the compliance. [1991 c 292 § 2; 1987 c 311 § 19; 1985 c 377 § 23.1 RCW 4655.240 Local ordinances—Regttirements. (1) A city, town, or county that adopts an ordinance or resolution concerning unauthorized, abandoned, or impound- ed vehicles shall include the applicable provisions of this chapter. (a) A city, town, or county may, by ordinance, authorize other impound situations that may arise locally upon the public right-of-way or other publicly owned or controlled property. (b) A city, town, or county ordinance shall contain language that establishes a written form of authorization to impound, which may include a law enforcement notice of infraction or citation, clearly denoting the agency's authori- zation to impound. (c) A city, town, or county may, by ordinance, provide for release of an impounded vehicle by means of a promisso- ry note in lieu of immediate payment, if at the time of redemption the legal or registered owner requests a hearing on the validity of the impoundment. If the municipal ordinance directs the release of an impounded vehicle before the payment of the impoundment charges, the municipality is responsible for the payment of those charges to the registered tow truck operator within thirty days of the hearing date. (d) The hearing specified in RCW 4655.120(2) and in this section may be conducted by an administrative hearings officer instead of in the district court. A decision made by an administrative hearing officer may be appealed to the district court for final judgment. (2) A city, town, or county may adopt an ordinance establishing procedures for the abatement and removal as public nuisances of junk vehicles or parts thereof from private property. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied'with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored. A city, town, or county may also provide for the payment to the tow truck operator or wrecker as a part of a neighborhood revitaliza- tion program. (3) Ordinances pertaining to public nuisances shall contain: (a) A provision requiring notice to the last registered owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, the vehicle will be removed; (b) A provision requiring that if a request for a hearing is received, a notice giving the time, location, and date of the [1081 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE of the le on tor � question thereof as a public nuisance hall bet and lmailed, certifled mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized sment roCC ll and to the last registered and legal owner of SsWmad unless the vehicle is in such condition that identifica- &a numbers are not available to determine ownership; (c) A provision that the ordinance shall not apply to (i) 1. E a vehicle or part thereof that is completely enclosed within a vei isle in a lawful manner where it is not visible from [: the street or other public or private property or (ii) a vehicle of part thereof that is stored or parked in a lawful manner on aty in connection with the business of a licensed private ProP _ &mantler or licensed vehicle dealer and is fenced according to RCW 46.80.130; (d) A provision that the owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner; (e) A provision that after notice has been given of the intent of the city, town, or county to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or pact thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and the department of licensing that the vehicle has been wrecked. The city, town, or county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or para, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap. (4) A registered disposer under contract to a city or county for the impounding of vehicles shall comply with any administrative regulations adopted by the city or county on the handling and disposing of vehicles. [1994 c 176 § 2; 1991 c 292 § 3; 1989 c 111 § 17; 1987 c 311 § 20; 1985 c 377 § 24.] RCW 46.61.005 Chapter refers to vehicles upon highways—Exceptions. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section. (2) The provisions of RCW 46.52.010 through 46.52.090, 46.61.500 through 46.61.525, and 46.61.5249 shall apply upon highways and elsewhere throughout the state. [1997 c 66 § 13; 1990 c 291 § 4; 1965 ex.s. c 155 § 1.] 46.55.240 RCW 46.61.015 Obedience to police officers, flagmen, or fire fighters—Penalty. No person shall wilfully fail or refuse to comply with any lawful order or direction of any duly authorized flagman or any police officer or fire fighter invested by law with authority to direct, control, or regulate traffic. A violation of this section is a misdemeanor. [1995 c 50 § 1; 1975 c 62 § 17; 1965 ex.s. c 155 § 3.1 Rules of court: Bail in criminal traffic offense cases --Mandatory appear. ance--CrRL.f 3.2. Severability -1975 c 62: See nose following RCW 36.75.010. RCW 46.61.020 Refusal to give information to or cooperate with officer—Penalty. It is unlawful for any operating or in charge of any vehicle to refuse person while, when requested by a police officer to give his name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person toffe��c neglect to stop when signaled to stop by any police or to refuse upon demand of such police officer to produce his certificate of license registration of such vehicle, his insurance identification card, or his vehicle driver's license or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his vehicle officer shall se when requested by any court. Any police on request produce evidence of his authorization as such. A violation of this section is a misdemeanor. [1995 c 50 § 2; 1989 c 353 § 6; 1967 c 32 § 65; 1961 c 12 § 4656.190. Prior•. 1937 c 189 § 126; RRS § 6360-126; 1927 c 309 § 38; RRS § 6362-38. Formerly RCW 46.56.190.1 Rules of court: Bail in criminal traffic offense cases—Mandatory appear- ance-'rRLI 3.2. Severability—Effective date -1989 c 353: See RCW 46.30.900 and 46.30.90[. RCW 46.61.021 Duty to obey law enforcement officer—Authority of officer. (1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop. (2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction. (3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself, give his or her current address, and sign an acknowledge- ment of receipt of the notice of infraction. [1997 1st sp.s. c 1 § 1; 1989 c 353 § 7; 1979 ex.s. c 136 § 4.] Effective date -1997 list spm. c 1: 'This act is necessary for the immediate preservation of the public peace, health. or safety, or support of the state government and its existing public institutions, and takes effect immediately [September 17,1997]." [1997 Ist sp.s. c 1 12.1 [1091 STATUTES ADOPTED BY REFERENCE 46.61.021 IN THE WASMGTON MODEL TRAFFIC ORDINANCE Severability—Effective d2te-1989 c 353: See RCW 4630.900 and 46.30.901. Effective date—Severability-1979 ess. c 136: See notes following RCW 46.63.010. RCW 46.61.022 Failure to obey officer—Penalty. Any person who wilfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer or to comply with RCW 46.61.021(3), is guilty of a misdemeanor. [1979 ex.s. c 136 § 5.1 Riles of cowl. Bail in criminal traffic offense cases—Mandatory appear- once—CrRU 3.2. Effective dato---Severability-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.61.024 Attempting to elude pursuing police vehicle—License revocation. Any driver of a motor vehicle who wilfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a manner indicating a wanton or wilful disregard for the lives or property of others while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and his vehicle shall be appropriately marked showing it to be an official police vehicle. The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing. [1983 c 80 § 1; 1982 1st ex.s. c 47 § 25; 1979 ex.s. c 75 § 1.] Severability -1982 1st ex.s. c 47: See note following RCW 9.41.190. RCW 46.61.025 Persons riding animals or driving animal -drawn vehicles. Every person riding an animal or driving any animal -drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter except those provisions of this chapter which by their very nature can have no application. [1965 ex.s. c 155 § 4.] RCW 46.61.030 Persons worldng on highway right of way—Exceptions. Unless specifically made applicable, the provisions of this chapter except those contained in RCW 46.61.500 through 46.61.520 shall not apply to persons, motor vehicles and other equipment while engaged in work within the right of way of any highway but shall apply to such persons and vehicles when traveling to or from such work. [1969 c 76 § 1; 1965 ex.s. c 155 § 5.1 RCW 46.61.035 Authorized emergency vehicles. (1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the condi- tions herein stated. (2) The driver of an authorized emergency vehicle may: (a) Park or stand, irrespective of the provisions of this chapter, (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) Exceed the maximum speed limits so long as he does not endanger life or property; (d) Disregard regulations governing direction of move- ment or turning in specified directions. (3) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of visual signals meeting the requirements of RCW 46.37.190, except that: (a) An authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle; (b) authorized emergency vehicles shall use audible signals when necessary to warn others of the emergency nature of the situation but in no case shall they be required to use audible signals while parked or standing. (4) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. [1969 c 23 § 1; 1965 ex.s. c 155 § 6.1 RCW 46.61.050 Obedience to and required traffic control devices. (1) The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exception granted the driver of an authorized emergency vehicle in this chapter. (2) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place. (3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (4) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. [1975 c 62 § 18; 1965 exs. c 155 § 7.] Rules of court. Monetary penalty schedule—JTIR 6.2. Severability -1975 a 62: See note following RCW 36.75.010. [1101 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE ilicyck awareness program: RCW 43.43.390. RCW 46.61.055 Traffic control signal legend. Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word or legend, and said lights shall indicate and apply to drivers of vehicles and pedestri- ans as follows: (1) Green indication (a) Vehicle operators facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicle operators turning right or left shall stop to allow other vehicles lawfully within the intersection control area to complete their movements. Vehicle operators turning right or left shall also stop for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1). (b) Vehicle operators facing a green arrow signal, shown alone or in combination with another indication, may enter the intersection control area only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Vehicle operators shall stop to allow other vehicles lawfully within the intersection control area to complete their move- ments. Vehicle operators shall also stop for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1). (c) Unless otherwise directed by a pedestrian control signal, as provided in RCW 46.61.060 as now or hereafter amended, pedestrians facing any green signal, except when the sole green signal is a tum arrow, may proceed across the roadway within any marked or unmarked crosswalk. (2) Steady yellow indication (a) Vehicle operators facing a steady circular yellow or yellow arrow signal are thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicle operators shall stop for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1). (b) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 shall not enter the roadway. (3) Steady red indication (a) Vehicle operators facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control area and shall remain standing until an indication to proceed is shown. However, the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right tum; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the- direction hedirection of the left tum; unless a sign posted by competent authority prohibits such movement. Vehicle operators 46.61.050 planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1). (b) Unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 as now or hereafter amended, pedestrians facing a steady circular red signal alone shall not enter the roadway. (c) Vehicle operators facing a steady red arrow indica- tion may not enter the intersection control arra to make the movement indicated by such arrow, and unless entering the intersection control area to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering a crosswalk on the near side of the intersection control area, or if none, then before entering the intersection control area and shall remain standing until an indication to make the movement indicated by such arrow is shown. However, the vehicle operators facing a steady red arrow indication may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way street or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1). (d) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady red arrow signal indication shall not enter the roadway. (4) If an official traffic control signal is erected and maintained at a place other than an intersection, the provi- sions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. (1993 c 153 § 2; 1990 c 241 § 2; 1975 c 62 § 19; 1965 ex.s. c 155 § 8.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.060 Pedestrian control signals. When- ever pedestrian control signals exhibiting the words "Walk" or the walking person symbol or "Don't Walk" or the hand symbol are operating, the signals shall indicate as follows: (1) WALK or walking person symbol—Pedestrians facing such signal may cross the roadway in the direction of the signal. Vehicle operators shall stop for pedestrians who are [awfully moving within the intersection control area on such signal as required by RCW 46.61.235(1). . (2) Steady or flashing DON'T WALK or hand sym- bol—Pedestrians facing such signal shall not enter the roadway. Vehicle operators shall stop for pedestrians who STATUTES ADOPTED BY REFERENCE 46.61.060 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE have begun to cross the roadway before the display of either signal as required by RCW 46.61.235(1). (3) Pedestrian control signals having the "Wait" legend in use on August 6, 1965, shall be deemed authorized signals and shall indicate the same as the "Don't Walk" legend. Whenever such pedestrian control signals are replaced the legend "Wait" shall be replaced by the legend "Don't Walk" or the hand symbol. [1993 c 153 § 3; 1990 c 241 § 3; 1975 c 62 § 20; 1965 ex.s. c 155 § 9.1 SeverabUity —1975 c 62: See note following RCW 36.75.010. RCW 46.61.065 Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: (a) FLASHING RED (STOP SIGNAL). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection, or, if none, then at the point nearest the inter- secting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (b) FLASHING YELLOW (CAUTION SIGNAL). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersec- tion or past such signal only with caution. (2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in RCW 46.61.340. [1975 c 62 § 21; 1965 ex.s. c 155 § 10.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.070 Lane -direction -control signals. When lane -direction -control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. [1965 ex.s. c 155 § 11.] RCW 46.61.072 Special traffic control signals— Legend. Whenever special traffic control signals exhibit a downward green arrow, a yellow X, or a red X indication, such signal indication shall have the following meaning: (1) A steady downward green arrow means that a driver is permitted to drive in the lane over which the arrow signal is located (2) A steady yellow X or flashing red X means that a driver should prepare to vacate, in a safe manner, the lane over which the signal is located because a lane control change is being made, and to avoid occupying that lane when a steady red X is displayed (3) A flashing yellow X means that a driver is permitted to use a lane over which the signal is located for a left turn, using proper caution. (4) A steady red X means that a driver shall not drive in the lane over which the signal is located, and that this indication shall modify accordingly the meaning of all other traffic controls present. The driver shall obey all other traffic controls and follow normal safe driving practices. [1975c62§49.) Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.075 Display of unauthorized signs, signals, or markings. (1) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic -control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic -control device or any railroad sign or signal. (2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (4) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. [1965 ex.s. c 155 § 12.] RCW 46.61.080 Interference with official traffic - control devices or railroad signs or signals. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic - control device or any railroad sign or signal or any inscrip- tion, shield or insignia thereon, or any other part thereof. [1965 ex.s. c 155 § 13.] Interference with traffic -control signals or railroad signs or signals: RCW 47.36.130. RCW 46.61.085 Traffic control signals or devices upon city streets forming part of state highways— Approval by department of transportation. No traffic control signal or device may be erected or maintained upon any city street designated as forming a part of the route of a primary state highway or secondary state highway unless first approved by the state department of transportation. [1984 c 7 § 62; 1965 ex.s. c 155 § 14.] Severability—]J%l c 7: See note following RCW 47.01.141. Local authorities to provide stop signs at intersections with increased speed highways: RCW 46.61.435. 11121 RCW 46.61.100 Keep right except when passing, etc. (1) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE portion of the highway within such distance as to constitute an immediate hazard; (c) Upon a roadway divided into three marked latus and providing for two-way movement traffic under the rules applicable thereon; or (d) Upon a street or highway restricted to one-way traffic. (2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left tum at an intersec- tion, exit, or into a private road or driveway when such left tum is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerat- ed in (a) through (d) of this subsection. (3) No vehicle towing a trailer or no vehicle or combi- nation over ten thousand pounds may be driven in the left- hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permit- ted. This subsection does not apply to a vehicle using a high -occupancy vehicle lane. A high -occupancy vehicle lane is not considered the left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those segments of limited access roadway to be exempt from this subsection due to the operational characteristics of the roadway. (4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic. (5) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. [1997 c 253 § 1; 1986 c 93 § 2; 1972 exs. c 33 § 1; 1969 ex.s. c 281 § 46; 1967 ex.s. c 145 § 58; 1965 exs. c 155 § 15.] Ryes of court Monetary penalty scheduk–J17R 62. Legislative intent -1986 c 93: 9t is the intent of the legislature, m this 1985 [1986] amendment of RCW 46.61.100, that the left-hand lane on any state highway with two or more lanes in the same direction be used Primarily as a passing lane.' [1986 c 93 § 1.] h formadort on proper use of 104tand lane RCW 28A.220.050, 4610.093, 4682.430, 47.36160. RCW 46.61.105 Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in 46.61.100 opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main -traveled portion of the roadway as nearly as possible. [1975 c 62 § 22; 1965 exs. c 155 § 16.] Severability -1975 c 62: See nate following RCW 36.75.010. RCW 46.61.110 Overtaking a vehicle on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rides hereinafter stated: (1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. [1965 ex.s. c 155 § 17.] Ryles of court: Monetary penalty schedule—HIR 6.2. RCW 46.61.115 When overtaking on the right is permitted. (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn; (b) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle. (2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permit- ting such movement in safety. Such movement shall not be made by driving off the roadway. [1975 c 62 § 23; 1965 ex.s. c 155 § 18.] Rules of court: Monetary penalty scheduk- rrlR 6.2. Severability -1975 c 62: See note following RCW 36.75.010. [113] RCW 46.61.120 Limitations on overtaking on the left. No vehicle shall be driven to the left side of the anter of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtak- ing and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized late of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle. [1965 ex.s. c 155 § 19.] Rules of court Monetary penalty schedule—MR 6.2. STATUTES ADOPTED BY REFERENCE 46.61.125 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.61.125 Further limitations on driving to left of center of roadway. (1) No vehicle shall be driven on the left side of the roadway under the following condi- tions: (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing; (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel. (2) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road or driveway. [1972 ex.s. c 33 § 2; 1965 ex.s. c 155 § 20.] Ruin of court Monetary penalty schedule—,MIR 6.2. RCW 46.61.130 No -passing zones. (1) The state department of transportation and the local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof. (2) Where signs or markings are in place to define a no - passing zone as set forth in subsection (1) of this section, no driver may at any time drive on the left side of the roadway within the no -passing zone or on the left side of any pave- ment striping designed to mark the no -passing zone through- out its length. (3) This section does not apply under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road, or driveway. [1984 c 7 § 63; 1972 exs. c 33 § 3; 1965 ex.s. c 155 § 21.] Rules of court Monetary penalty schedule— TIR 6.2. Severability -1984 c 7: See note following RCW 47.01.141. RCW 46.61.135 One-way roadways and rotary traffic islands. (1) The state department of transportation and the local authorities with respect to highways under their respective jurisdictions may designate any highway, road- way, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. (2) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (3) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. [1984 c 7 § 64; 1975 c 62 § 24; 1965 ex.s. c 155 § 22.] Rules of court Monetary penalty schedule—nIR &Z Sevemblttty-1984 c 7: See nota fotlowiag RCW 47.01.141. Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.140 Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left tum or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic -control devices. (3) Official traffic -control devices may be erected directing slow moving or other specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device. (4) Official traffic -control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device. [1965 ex.s. c 155 § 23.] Rules of court Monetary penalty schedule—iTiR 6.2. 11141 RCW 46.61.145 Following too closely. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. [1965 ex.s. c155§24.] Rules of court Monetary penalty scheduk—IIIR 6.2. RCW 46.61.150 Driving on divided highways. Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE solid yellow pavement markings or by a yellow crosshatch- ing between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic -control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority. [1972 ex.s. c 33 § 4; 1965 ex.s. c 155 § 25.1 Rules of court: Monetary penalty scheduleMR 6.2. RCW 46.61.155 Restricted access. No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. (1965 ex.s. c 155 § 26.) Rules of court: Monetary penalty scheduk-,UIR 6-2. RCW 46.61.160 Restrictions on use of limited - access highway—Use by bicyclists. The department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited access highway under their respective jurisdictions prohibit the use of any such highway by funeral processions, or by parades, pedestrians, bicycles or other nonmotorized traffic, or by any person operating a motor -driven cycle. Bicyclists may use the right shoulder of limited -access highways except where prohibited. The department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited -access highway under their respective jurisdictions prohibit the use of the shoulders of any such highway by bicycles within urban areas or upon other sections of the highway where such use is deemed to be unsafe. The department of transportation or the local authority adopting any such prohibitory regulation shall erect and maintain official traffic control devices on the limited access roadway on which such regulations are applicable, and when so erected no person may disobey the restrictions stated on such devices. [1982 c 55 § 5; 1975 c 62 § 25; 1965 ex.s. c 155 § 27.) Severability -1975 c 62: See nae following RCW 36.75.010. RCW 46.61.165 Reservation of portion of highway for use by public transportation vehicles, etc. The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. There is hereby appropriated from the transportation fund— state to the department of transportation, program C for the period ending June 30, 1993, an additional $15 million for the sole purpose of expediting completion of the HOV core lane system. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be 46.61.150 effective at all times or at specified times of day or on specified days. The department shall evaluate the efficacy of the vehicle occupancy requirements and shall report to the legislative transportation committee by January 1, 1992. [1991 sp.s. c 15 § 67; 1984 c 7 § 65; 1974 ex.s. c 133 § 2.) Construction—Severability-1991 spa. c 15: See nae following RCW 46.68.110. Severabllity-1984 c 7: See note following RCW 47.01.141. RCW 46.61.180 Vehicle approaching intersection. (1) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. (2) The right of way rule declared in subsection (1) of this section is modified at arterial highways and otherwise as stated in this chapter. [1975 c 62 § 26; 1965 ex.s. c 155 § 28.1 Rules of court: Monetary penalty scheduk- ITIR 6.2. Severability -1975 c 62: See note following RCW 36-75.010. RCW 46.61.185 Vehicle turning left The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. [1965 exs. c 155 § 29.) RCW 46.61.190 Vehicle entering stop or yield intersection. (1) Preferential right of way may be indicated by stop signs or yield signs as authorized in RCW 47.36.110. (2) Except when directed to proceed by a duly autho- rized flagman, or a police officer, or a fire fighter vested by law with authority to direct, control, or regulate traffic every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and after having stopped shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (3) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of ap- proaching traffic on the intersecting roadway before entering the roadway, and then after slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to consti- tute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways: PROVIDED, That if such a driver is involved in 11151 46.61.190 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way. [1975 c 62 § 27; 1965 ex.s. c 155 § 30.] Raw of court: Monetary penalty schedule-4TIR 6.2. Severability -1975 a 62: See note following RCW 36.75.010. Stop signs. "Yteld'signs—Dulles of persons using highway: RCW 47.36.110. RCW 46.61.195 Arterial highways designated— Stopping on entering. All state highways oareehereby declared to be arterial highways respects highways or private ways, except that the state department of transportation has the authority to designate any county road or city street as an arterial having preference over the traffic on the state highway if traffic conditions will be improved by such action. Those city streets designated by the state department of transportation as forming a part of the routes of state highways through incorporated cines and towns aie all other city streetdeclared to be arterial highways as rapes private ways. The governing authorities of incorporated cities and towns may designate any street as an arterial having prefer- ence over the traffic on a state highway if the change is first approved in writing by the state department of transportation. The local authorities making such a change in arterial designation shall do so by proper ordinance or resolution and shall erect or cause to be erected and maintained standard stop signs, or "Yield" signs, to accomplish this change in arterial designation. The operator of any vehicle entering upon any arterial highway from any other public highway or private way shall come to a complete stop before entering the arterial highway when stop signs are erected as provided by law. [1984 c 7 § 66; 1963 ex.s. c 3 § 48; 1961 c 12 § 46.60.330. Prior: 1955 c 146 § 5; 1947 c 200 § 14; 1937 c 189 § 105; Rem. Supp. 1947 § 6360-105. Formerly RCW 46.60330.] Sevembility-1984 c 7: See note following RCW 47.01.141. City streets subject to increased speed. designation as arterials: RCW 46.61.435. Stop signs, 'Yield" signs—Duties of persons using highway: RCW 47.36.110. RCW 46.61.200 Stop intersections other than arterial may be designated. In addition to the points of intersection of any public highway with any arterial public highway that is constituted by law or by any proper authori- ties of this state or any city or town of this state, the state department of transportation with respect to state highways, and the proper authorities with respect to any other public highways, have the power to determine and designate any particular intersection, or any particular highways, roads, or streets or portions thereof, at any intersection with which vehicles shall be required to stop before entering such i intersection. Upon the determination and designation points at which vehicles will be required to come to a stop before entering the intersection, the proper authorities so determining and designating shall cause to be posted and maintained proper signs of the standard design adopted by the state department of transportation indicating that the intersection has been so determined and designated and that vehicles entering it are required to stop. It is unlawful for any person operating any vehicle when entering any intersec- tion determined, designated, and bearing the required sign to fail and neglect to bring the vehicle to a complete stop before entering the intersection. [1984 c 7 § 67; 1961 c 12 § 46.60.340. Prior: 1937 c 189 § 106; RRS § 6360-106; 1927 c 284 § 1; RRS § 6362-41a. Formerly RCW 46.60.340.1 Severabilit3-1984 a 7: See note following RCW 47.01.141. RCW 46.61.202 Stopping when traffic obstructed. No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, cross- wallcor railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic control signal indications to proceed. [1975 c 62 § 48.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.205 Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles lawfully approach- ing on said highway. [1990 c 250 § 88; 1965 ex.s. c 155 § 31.3 - Rules of court.• Monetary penalty uhedwk—MR 6.2. Severability -1990 a 250: See note following RCW 46.16301. RCW 46.61.210 Operation of vehicles on approach of authorized emergency vehicles. (1) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle properly and lawfully making use of an audible signal only the driver of every other vehicle shall yield the right of way and shall immedi- ately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall sp and r n in suchposition e the authorized emergencyvehiclepassed, �hn otherwise directed by a police officer. (2) 'Ibis section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. [1965 ex.s. c 155 § 32.1 Rules of court Monetary Penalty scheduk--IPIR 6.2. RCW 46.61.215 Highway construction and mainte- nance, (1) The driver of a vehicle shall yield the right of way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic control devices. (2) The driver of a vehicle shall yield the right of way to any authorized vehicle obviously and actually engaged work upon a highway whenever such vehicle displays STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE flashing lights meeting the requirements of RCW 46.37.300. [1975c62§40.] Severability -1975 a 62: See note following RCW 36.75.010. RCW 46.61.220 Transit vehicles. (1) The driver of a vehicle shall yield the right of way to a transit vehicle traveling in the same direction that has signalled and is reentering the traffic flow. (2) Nothing in this section shall operate to relieve the driver of a transit vehicle from the duty to drive with due regard for the safety of all persons using the roadway. [1993 c 401 § 1.] RCW 46.61.230 Pedestrians subject to traffic regulations. Pedestrians shall be subject to traffic -control signals at intersections as provided in RCW 46.61.060, and at all other places pedestrians shall be accorded the privileg- es and shall be subject to the restrictions stated in this chapter. [1965 ex.s. c 155 § 33.] Rules of court Monetary penalty scheduk--IT/R 6.2. RCW 46.61.235 Stopping for pedestrians in cross- walks. (1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within an unmarked or marked crosswalk when the pedestrian is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one- way roadway. (2) No pedestrian shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop. (3) Subsection (1) of this section does not apply under the conditions stated in RCW 46.61.240(2). (4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. [1993 c 153 § 1; 1990 c 241 § 4; 1965 ex.s. c 155 § 34.] Rules of court: Monetary penalty schedule- 4TIR 6.2. RCW 46.61.240 Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. (2) Where curb ramps exist at or adjacent to intersec- tions or at marked crosswalks in other locations, disabled Persons may enter the roadway from the curb ramps and cross the roadway within or as closely as practicable to the crosswalk. All other pedestrian rights and duties as defined elsewhere in this chapter remain applicable. (3) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been [1171 46.61.215 provided shall yield the right of way to all vehicles upon the roadway. (4) Between adjacent intersections at which traffic - control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. (5) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic -control devices; and, when authorized to cross diagonally, pedestri- ans shall cross only in accordance with the official traffic - control devices pertaining to such crossing movements. (6) No pedestrian shall cross a roadway at an unmarked crosswalk where an official sign prohibits such crossing. [1990 c 241 § 5; 1965 ex.s. c 155 § 35.] Ryles of court Monetary penalty scheduk—MR 6.2. RCW 46.61.245 Drivers to exercise care. Notwith- standing the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the hom when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. [1965 ex.s. c 155 § 36.] Rules of court Monetary penalty scheduleJT1R 6.2. Blind pedestrians: Chapter 70.84 RCW. RCW 46.61.250 Pedestrians on roadways. (1) Where sidewalks are provided it is unlawful for any pedestri- an to walk or otherwise move along and upon an adjacent roadway. Where sidewalks are provided but wheelchair access is not available, disabled persons who require such access may walk or otherwise move along and upon an adjacent roadway until they reach an access point in the sidewalk. (2) Where sidewalks are not provided any pedestrian walking or otherwise moving along and upon a highway shall, when practicable, walk or move only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction and upon meeting an oncoming vehicle shall move clear of the roadway. [1990 c 241 § 6; 1965 ex.s. c 155 § 37.] Rules of court: Monetary penalty scheduk—MR 6.2. RCW 46.61.255 Pedestrians soliciting rides or business. (1) No person shall stand in or on a public roadway or alongside thereof at any place where a motor vehicle cannot safely stop off the main traveled portion thereof for the purpose of soliciting a ride for himself or for another from the occupant of any vehicle. (2) It shall be unlawful for any person to solicit a ride for himself or another from within the right of way of any limited access facility except in such area where permission to do so is given and posted by the highway authority of the state, county, city or town having jurisdiction over the highway. (3) The provisions of subsections (1) and (2) above shall not be construed to prevent a person upon a public highway from soliciting, or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger STATUTES ADOPTED BY REFERENCE 46.61.255 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE carrier for the purpose of becoming a passenger thereon for hire. (4) No person shall stand in a roadway for the purpose of soliciting employment or business from the occupant of any vehicle. (5) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. (6Xa) Except as provided in (b) of this subsection, the state preempts the field of the regulation of hitchhiking in any form, and no county, city, or town shall take any action in conflict with the provisions of this section. (b) A county, city, or town may regulate or prohibit hitchhiking in an area in which it has determined that prostitution is occurring and that regulating or prohibiting hitchhiking will help to reduce prostitution in the area. [1989 c 288 § 1; 1972 ex.s. c 38 § 1; 1965 ex.s. c 155 § 38.] Rules of court: Monetary penalty schedule—MR 6.2. RCW 46.61.260 Driving through safety zone prohibited. No vehicle shall at any time be driven through or within a safety zone. [1965 ex.s. c 155 § 39.] RCW 46.61.261 Pedestrians' right of way on sidewalk. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. [1975 c 62 § 41.1 Ruler of court. Monetary penalty xheduk—ITIR 6.2. Severability -1975 a 62: See note following RCW 36.75.010. RCW 46.61.264 Pedestrians yield to emergency vehicles. (1) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of RCW 46.37.380 subsection (4) and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle meeting the requirements of RCW 46.61.035 subsection (3), every pedestrian shall yield the right of way to the authorized emergency vehicle. (2) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian. [1975 c 62 § 42.1 Rules of court: Monetary penalty schedule—MR 6.2. Severability -1975 a 62: See note following RCW 36.75.010. RCW 46.61.266 Pedestrians under the influence of alcohol or drugs. A law enforcement officer may offer to transport a pedestrian who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right of way of a public roadway, unless the pedestrian is to be taken into protective custody under RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated pedestrian under this section shall: (1) Transport the intoxicated pedestrian to a safe place; or (2) Release the intoxicated pedestrian to a competent person. The law enforcement officer shall take no action if the pedestrian refuses this assistance. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the pedestrian to accept this assistance. [1990 c 241 § 7; 1987 c 11 § 1; 1975 c 62 § 43.] Rules of court: Monetary penalty schcdule—JTIR 6.2. Severability -1975 c 62: see note following RCW 36.75.010. RCW 46.61.269 Passing beyond bridge or grade crossing barrier prohibited. (1) No pedestrian shall enter or remain upon any bridge or approach thereto beyond a bridge signal gate, or barrier indicating a bridge is closed to through traffic, after a bridge operation signal indication has been given. (2) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed [1975 c 62 § 44.1 Rules of court: Monetary penalty schedule— TIR 6.2. Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.290 Required position and method of turning at intersections. The driver of a vehicle intending to turn shall do so as follows: (1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right- hand ighthand curb or edge of the roadway. (2) Left turns. The driver of a vehicle intending to tum left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left tum shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left- hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered. (3) Two-way left tum lanes. (a) The department of transportation and local authori- ties in their respective jurisdictions may designate a two-way left tum lane on a roadway. A two-way left turn lane is near the center of the roadway set aside for use by vehicles making left turns in either direction from or into the road- way. (b) Two-way left turn lanes shall be designated by distinctive uniform roadway markings. The department of transportation shall determine and prescribe standards and specifications governing type, length, width, and positioning of the distinctive permanent markings. The standards and specifications developed shall be filed with the code reviser in accordance with the procedures set forth in the administra- tive procedure act, chapter 34.05 RCW. On and after July 1, 1971, permanent markings designating a two-way left turn lane shall conform to such standards and specifications. (c) Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn left from any other lane. A vehicle shall not be driven p 181 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 46.61.290 in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. No vehicle may travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the actual left turn movement is made. (4) The department of transportation and local authori- ties in their respective jurisdictions may cause official traffic - control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and when the devices are so placed no driver of a vehicle may turn a vehicle other than as directed and required by the devices. [1997 c 202 § 1. Prior. 1984 c 12 § 1; 1984 c 7 § 68; 1975 c 62 § 28; 1969 ex.s. c 281 § 61; 1965 ex.s. c 155 § 40.] Risks of court Monetary penalty schedule`IlIR 6.2 - Severability -1984 2.Severability-1984 c 7: See nae following RCW 47.01.141. Severability -1975 c 62: See nae following RCW 36.75.010. RCW 46.61.295 "U" turns. (1) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic. (2) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. [1975 c 62 § 29; 1965 ex.s. c 155 § 41.] Rules of court- Monetary penalty scheduk—I17R 6.2. Sevembility-1975 a 62: See nae following RCW 36.75.010. Limited access highways: RCW 47.52.120. RCW 46.61.300 Starting parked vehicle. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reason- able safety. [1965 ex.s. c 155 § 42.] Rules of court: Monetary penalty schedule—HIR 6.2. RCW 46.61.305 Turning, stopping, moving right or left—Signals required—Improper use prohibited. (1) No person shall tum a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided. (2) A signal of intention to tum or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. (3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immedi- ately to the rear when there is opportunity to give such signal. (4) The signals provided for in RCW 46.61.310 subsec- tion (2), shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be [119] necessary for compliance with this section. [1975 c 62 § 30; 1965 ex.s. c 155 § 43.1 Rules of court Monetary penalty scheduk-_WR 6.2. Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61310 Signals by hand and arm or signal lamps. (1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (2) hereof. (2) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the tenter of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles. [1965 exs. c 155 § 44.] Rules of court Monetary penalty schedule-4TIR 6.2. RCW 46.61315 Method of giving hand and arm signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (1) Left tum. Hand and arm extended horizontally. (2) Right turn. Hand and arm extended upward. (3) Stop or decrease speed. Hand and arm extended downward. [1965 ex.s. c 155 § 45.1 RCW 46.61.340 Obedience to signal indicating approach of train. (1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing require- ments shall apply when: (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; (b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train; (c) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. (2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. [1965 ex.s. c 155 § 46.] RCW 46.61.345 All vehicles must stop at certain railroad grade crossings. The state department of transpor- tation and local authorities within their respective jurisdic- tions are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those crossings. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and STATUTES ADOPTED BY REFERENCE 46.61.345 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE shall proceed only upon exercising due care. [1984 c 7 § 69; 1965 ex.s. c 155 § 47.1 Severability -1984 c 7: See note following RCW 47.01.141. RCW 46.61.350 Certain vehicles must stop at all railroad grade crossings—Exceptions. (1) The driver of any motor vehicle carrying passengers for hire, other than a passenger car, or of any school bus or private carver bus carrying any school child or other passenger, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks. (2) This section shall not apply at: (a) Any railroad grade crossing at which traffic is controlled by a police officer or a duly authorized flagman; (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; (c) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train; (d) Any railroad grade crossing at which an official traffic control device as designated by the utilities and transportation commission pursuant to RCW 81.53.060 gives notice that the stopping requirement imposed by this section does not apply. [1977 c 78 § 1; 1975 c 62 § 31; 1970 ex.s. c 100 § 7; 1965 ex.s. c 155 § 48.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.355 Moving heavy,equipment at railroad grade crossings—Notice of intended crossing. (1) No person shall operate or move any crawler -type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section. (2) Notice of any such intended crossing shall be given to the.station agent of such railroad located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such crossing. (3) Before making any such crossing the person operat- ing perasing or moving any such vehicle or equipment shall fust stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (4) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. [1975 c 62 § 32; 1965 ex.s. c 155 § 49.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61365 Emerging from alley, driveway, or building. The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway. [1965 ex.s. c 155 § 51.1 Rules of court: Monetary penalty schedule—Jf/R 6.2. 11201 RCW 46.61.370 Overtaking or meeting school bus—Duties of bus driver. (1) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in' RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated. (2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children. (3) The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children. (4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children. (5) The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops. (6) A person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer and disbursed in accordance with RCW STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE 46.61.440(3). [1997 c 80 § 1; 1990 c 241 § 8; 1965 ex.s. c 155 § 52.] Rules of court Monetary penalty schedule JTIR 6.2. Bus routes: RCW 284160.115. RCW 46.61371 School bus stop sign violators— Identification by vehicle owner. If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to believe that a violation has occurred, the officer may request the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation occurred. When requested, the owner of the motor vehicle shall identify the driver to the best of the owner's ability. The owner of the vehicle is not required to supply identification information to the law enforcement officer if the owner believes the information is self-incrimi- nating. [1992 c 39 § 1.] RCW 46.61.372 School bus stop sign violators— Report by bus driver—Law enforcement investigation. (1) The driver of a school bus who observes a violation of RCW 46.61.370 may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred. The driver of the school bus or a school official may deliver the report to a law enforcement officer of the state, county, or munici- pality in which the violation occurred but not more than seventy-two hours after the violation occurred. The driver shall include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation. (2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver. Failure to investigate within the ten working day period does not prohibit further investigation or prosecution. If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.370 has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle. [1992 c 39 § 2.] RCW 46.61.375 Overtaking or meeting private carrier bus—Duties of bus driver. (1) The driver of a vehicle upon overtaking or meeting from either direction any private carrier bus which has stopped on the roadway for the Purpose of receiving or discharging any passenger shall stop the vehicle before reaching such private carrier bus when there is in operation on said bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such bus resumes motion or the visual signals are no longer activated. (2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers. [1211 46.61.370 (3) The driver of a vehicle upon a highway with three or more lanes need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passen- gers. (4) The driver of a private carrier bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging passengers. (5) The driver of a private carrier bus may stop a private carrier bus completely off the roadway for the purpose of receiving or discharging passengers only when the passengers do not have to cross the roadway. The private carrier bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading passengers at such stops. [1990 c 241 § 9; 1970 ex.s. c 100 § 8.] RCW 46.61.380 Rules for design, marking, and mode of operating school buses. The state superintendent of public instruction shall adopt and enforce rules not inconsistent with the law of this state to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in this state for the transportation of school children. Those rules shall by reference be made a part of any such contract or other agreement with the school district. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district is subject to such rules. It is unlawful for any officer or employee of any school district or for any person operating any school bus under contract with any school district to violate any of the provisions of such rules. [1995 c 269 § 2501; 1984 c 7 § 70; 1961 c 12 § 46.48.150. Prior. 1937 c 189 § 131; RRS § 6360-131. Formerly RCW 46.48.150.] Effective date -1995 c 269: See note following RCW 9.94A.040. Part headings not law--Severability-1995 c 269: See notes following RCW 13.40.005. SeverablUty-1984 a 7: See note following RCW 47.01.141. School butes generally: Chapter 284.160 RCW. signs: RCW 46.37.193. stop signal and lamps: RCW 46.37.190. RCW 46.61385 School patrol—Appointment— Authority—Finance—Insurance. The superintendent of public instruction, through the superintendent of schools of any school district, or other officer or board performing like functions with respect to the schools of any other educational administrative district, may cause to be appointed voluntary adult recruits as supervisors and, from the student body of any public or private school or institution of learning, students, who shall be known as members of the "school patrol" and who shall serve without compensation and at the pleasure of the authority making the appointment. The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of the school patrol when in performance of their duties, and they may display "stop" or other proper traffic directional signs or signals at school crossings or other STATUTES ADOPTED BY REFERENCE 46.61.385 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE points where school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors shall be subordinate to and obey the orders of any peace officer present and having jurisdiction. School districts, at their discretion, may hire sufficient numbers of adults to serve as supervisors. Such adults shall be subordinate to and obey the orders of any peace officer present and having jurisdiction. Any school district having a school patrol may purchase uniforms and other appropriate insignia, traffic signs and other appropriate materials, all to be used by members of such school patrol while in performance of their duties, and may pay for the same out of the general fund of the district. It shall be unlawful for the operator of any vehicle to fail to stop his vehicle when directed to do so by a school patrol sign or signal displayed by a member of the school patrol engaged in the performance of his duty and wearing or displaying appropriate insignia, and it shall further be unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his duties as such. School districts may expend funds from the general fund of the district to pay premiums for life and accident policies covering the members of the school patrol in their district while engaged in the performance of their school patrol duties. Members of the school patrol shall be considered as employees for the purposes of RCW 28A.400.370. [1990 c 33 § 585; 1974 ex.s. c 47 § 1; 1961 c 12 § 46.48.160. Prior. 1953 c 278 § 1; 1937 c 189 § 130; RRS § 6360-130; 1927 c 309 § 42; RRS § 6362-42. Formerly RCW 46.48.160.1 Rides ofeoute Monetary penalty schedule—JTIR 6.2. Purpose --Statutory references—Severability-1990 c 33: See RCW 28A.900.100 through 28A.9W.102. RCW 46.61.400 Basic rule and maximum limits. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits. (a) Twenty-five miles per hour on city and town streets; (b) Fifty miles per hour on county roads; (c) Sixty miles per hour on state highways. The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415. (3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. [1965 exs. c 155 § 54; 1963 c 16 § 1. Formerly RCW 46.48.011.] Ruks of cosew Monetary penalty sche&k JTIR 6.2. Saving of existing orders, eta, establishing speed limits -1963 c 16: *This act shall not repeal or invalidate existing orders and resolutions of the state highway commission or existing resolutions and ordinances of local authorities establishing speed limits within their respective jurisdic- tions." [1963 c 16 $ 7. Formerly RCW 46.48.016.1 'This act" [I%3 c 16], as amended, is codified as RCW 46.61.400 through 46.61.415, 46.61.425, and 46.61.440. RCW 46.61.415 When local authorities may alter maximum limits. (1) Whenever local authorities in their respective jurisdictions determine on the basis of an engi- neering and traffic investigation that the maximum speed permitted under RCW 46.61.400 or 46.61.440 is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which (a) Decreases the limit at intersections; or (b) Increases the limit but not to more than sixty miles per hour, or (c) Decreases the limit but not to less than twenty miles per hour. (2) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under RCW 46.61.400(2) but shall not exceed sixty miles per hour. (3) The secretary of transportation is authorized to establish speed limits on county roads and city and town streets as shall be necessary to conform with any federal requirements which are a prescribed condition for the allocation of federal funds to the state. (4) Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon such signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. (5) Any alteration of maximum limits on state highways within incorporated cities or towns by local authorities shall not be effective until such alteration has been approved by the secretary of transportation. [1977 exs. c 151 § 36; 1974 ex.s. c 103 § 3; 1963 c 16 § 4. Formerly RCW 46.48.014.] Federal requirements--Severabbility-1977 exs. c 151: See RCW 47.98.070 and 47.98.080. 11221 RCW 46.61.425 Minimum speed regulation— passing slow moving vehicle. (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving St less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety. (2) Whenever the secretary of transportation or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway unreasonably impede the normal movement of traffic, the secretary or such local authority may determine and declare a minimum speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle slower than such minimum speed limit except when necessary for safe operation or in compliance with law. [1977 ez.s. c 151 § 37; 1969 c 135 § 1; 1967 c 25 § 2; 1963 c 16 § 6. Formerly RCW 46.48.015.] Raks of court: Monetary penalty schedule—lT1R 6.2. Federal requirements—Severability-1977 exs. c 151: See RCW 47.98.070 and 47.98.080. RCW 46.61.427 Slow moving vehicle to pull off roadway. On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other condi- tions, a slow moving vehicle, behind which five or more vehicles are formed in a line, shall turn off the roadway wherever sufficient area for a safe turn -out exists, in order to permit the vehicles following to proceed. As used in this section a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place. [1973 c 88 § 1.] RCW 46.61.428 Slow-moving vehicle permitted to drive on improved shoulders, when. (1) The state depart- ment of transportation and local authorities are authorized to determine those portions of any two-lane highways under their respective jurisdictions on which drivers of slow- moving vehicles may safely drive onto improved shoulders for the purpose of allowing overtaking vehicles to pass and may by appropriate signs indicate the beginning and end of such zones. (2) Where signs are in place to define a driving -on - shoulder zone as set forth in subsection (1) of this section, the driver of a slow-moving vehicle may drive onto and along the shoulder within the zone but only for the purpose of allowing overtaking vehicles to pass and then shall return to the roadway. (3) Signs erected to define a driving -on -shoulder zone take precedence over pavement markings for the purpose of allowing the movements described in subsection (2) of this section. [1984 c 7 § 71; 1977 ex.s. c 39 § 1.] Severabilit3-1984 c 7: See note following RCW 47.01.141. RCW 46.61.435 Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways—Designated as arterials. The governing body 46.61.425 or authority of any such city or town or political subdivision shall place and maintain upon each and every highway intersecting a highway where an increased speed is permit- ted, as provided in this chapter, appropriate stop or yield signs, sufficient to be read at any time by any person upon approaching and entering the highway upon which such increased speed is permitted and such city street or such portion thereof as is subject to the increased speed shall be an arterial highway. [1975 c 62 § 33; 1961 c 12 § 46.48.046. Prior: 1951 c 28 § 4; prior. 1937 c 189 § 66, part; RRS § 6360-66, part; 1927 c 309 § 5, part; 1921 c 96 § 41, part; 1919 c 59 § 13, part; 1917 c 155 § 20, part; 1915 c 142 § 34, part; RRS § 6362-5, part. Formerly RCW 46.48.046.1 Severability -1975 c 62: See tote following RCW 36.75.010. Designation of city streets as arterials, stopping on entering: RCW 46.61.195. Trac control signals or devices upon city streets forming part of state highways: RCW 46.61.085. RCW 46.6L440 Maximum speed limit when passing school or playground crosswalks—Penalty, disposition of proceeds. (1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorpo- rated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk. (2) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended. (3) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (2) of this section shall be deposited into the account. Expenditures from the account may be used only by the Washington traffic safety commis- sion solely to fund projects in local communities to improve school zone safety, pupil transportation safety, and student safety in school bus loading and unloading areas. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expendi- tures until July 1, 1999, after which date moneys in the account may be spent only after appropriation. [1997 c 80 § 2; 1996 c 114 § 1; 1975 c 62 § 34; 1963 c 16 § 5; 1961 c 12 § 46.48.023. Prior: 1951 c 28 § 9; 1949 c 196 § 6, part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. 8a Bal. § 2531, part. Formerly RCW 46.48.023.1 [1231 STATUTES ADOPTED BY REFERENCE 46.61.440 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Effective date -1996 c 114: "Irbis act is necessary for the imnadiate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately (March 20, 1996].' 11996 c 114 § 2.1 Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.445 Due care required. Compliance with speed requirements of this chapter under the circum- stances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require. [1961 c 12 § 46.48.025. Prior: 1951 c 28 § 11; 1949 c 196 § 6, part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. 2531, part. Formerly RCW 46.48.025.] Duty to use due care: RCW 46.61.400(1). RCW 46.61.450 Maximum speed, weight, or size inn traversing bridges, elevated structures, tunnels, under- passes—Posting limits. It shall be unlawful for any person to operate a vehicle or any combination of vehicles over any bridge or other elevated structure or through any tunnel or underpass constituting a part of any public highway at a rate of speed or with a gross weight or of a size which is greater at any time than the maximum speed or maximum weight or size which can be maintained or carried with safety over any such bridge or structure or through any such tunnel or underpass when such bridge, structure, tunnel, or underpass is sign posted as hereinafter provided. The secretary of transportation, if it be a bridge, structure, tunnel, or under- pass upon a state highway, or the governing body or authori- ties of any county, city, or town, if it be upon roads or streets under their jurisdiction, may restrict the speed which may be maintained or the gross weight or size which may be operated upon or over any such bridge or elevated structure or through any such tunnel or underpass with safety thereto. The secretary or the governing body or authorities of any county, city, or town having jurisdiction shall determine and declare the maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate and shall cause suitable signs stating such maximum speed or maximum gross weight, or size, or either, to be erected and maintained on the right hand side of such highway, road, or street and at a distance of not less than one hundred feet from each end of such bridge, structure, tunnel, or underpass and on the approach thereto: PROVIDED, That in the event that any such bridge, elevated structure, tunnel, or underpass is upon a city street designated by the transportation commission as forming a part of the route of any state highway through any such incorporated city or town the determination of any maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate shall not be enforceable at any speed, weight, or size less than the maximum allowed by law, unless with the approval in writing of the secretary. Upon the trial of any person charged with a violation of this section, proof of either violation of maximum speed or maximum weight, or size, or either, and the distance and location of such signs as are required, shall constitute conclusive evidence of the maximum speed or maximum weight, or size, or either, which can be maintained or carried with safety over such bridge or elevated structure or through such tunnel or underpass. [1977 ex.s. c 151 § 39; 1961 c 12 § 46.48.080. Prior: 1937 c 189 § 70; RRS § 6360-70. Formerly RCW 46.48.080.] Federal requirements—Severability-1977 exs. c 151: See RCW 47.98.070 and 47.98.080. RCW 46.61.455 Vehicles with solid or hollow cushion tires. Except for vehicles equipped with temporary - use spare tires that meet federal standards, it shall be unlawful to operate any vehicle equipped or partly equipped with solid rubber tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly equipped with solid rubber tires or hollow center cushion tires, so long as solid rubber tires or hollow center cushion tires may be used under the provisions of this title, upon any public highway of this state at a greater rate of speed than ten miles per hour: PROVIDED, That the temporary -use spare tires are installed and used in accor- dance with the manufacturer's instructions. [1990 c 105 § 3; 1961 c 12 § 46.48.110. Prior. 1947 c 200 § 11; 1937 c 189 § 73; Rem. Supp. 1947 § 6360-73. Formerly RCW 46.48.110.1 RCW 46.61.460 Special speed limitation on motor - driven cycle. No person shall operate any motor -driven cycle at any time mentioned in RCW 46.37.020 at a speed greater than thirty-five miles per hour unless such motor - driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead. [1965 ex.s. c 155 § 57.] 11241 RCW 46.61.465 Exceeding speed limit evidence of reckless driving. The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof. [1961 c 12 § 46.48.026. Prior. 1951 c 28 § 12; 1949 c 196 § 6, part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. § 2531, part. Formerly RCW 46.48.026.1 RCW 46.61.470 Speed traps defined, certain types permitted—Measm ed courses, speed measuring devices, timing from aircraft. (1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regard- ing speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap. (2) Evidence shall be admissible against any person arrested or issued a notice of a traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either. (a) The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or (b) a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle. (3) The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than one-fourth mile. [1981 c 105 § 1; 1961 c 12 § 46.48.120. Prior. 1937 c 189 § 74; RRS § 6360-74; 1927 c 309 § 7; RRS § 6362-7. Formerly RCW 46.48.120.] RCW 46.61.475 Charging violations of speed regulations. (1) In every charge of violation of any speed regulation in this chapter the complaint, also the summons or notice to appear, shall specify the approximate speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location. [1965 ex.s. c 155 § 58.] RCW 46.61500 Reckless driving—Penalty. (1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars. (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days. [1990 c 291 § 1; 1979 ex.s. c 136 § 85; 1967 c 32 § 67; 1965 ex.s. c 155 § 59.] Rides of court: Bail in criminal traffic offense cases—Mandatory appear- ance—CrRU 3.2. Effective date--Sevembility-1979 exs. c 136: See notes following RCW 46.63.010. Arrest of person involved in reckless driving. RCW 10.31.100. Embracing another while driving as reckless driving: RCW 46.61.665. Excess speed as prima facie evidence of reckless driving: RCW 46.61.465. Racing of vehicles on public highways, reckless driving. RCW 46.61.530. [1251 Revocation of license, reckless driving: RCW 46.20.285. 46.61.470 RCW 46.61502 Driving under the influence. (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.10 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug. (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section. (3) It is an affirmative defense to a violation of subsec- tion (Ixa) of this section which the defendant must prove by a preponderance of the evidence that the defendant con- sumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense. (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.10 or more in violation of subsection (1)(a) of this section, and in any case inwhich the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1) (b) or (c) of this section. (5) A violation of this section is a gross misdemeanor. [1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373 § 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.] Rules of court. Bail in criminal traffic offense cases—Mandatory appear- ance—CrRU 3.2. Short title—FSedive date -1994 c 275: See notes following RCW 46.04.015. Legislative finding, purpose -1987 c 373: "The legislature finds the existing stances that establish the criteria for determining when a person is guilty of driving a motor vehicle under the intiuenm of intoxicating liquor or drugs are constitutional and do not require any additional criteria to ensure thew legality. The purpose of this act is to provide an additional me ixid of defining the crime of driving while intoxicated. This act is not an aclmowledgement that the existing breath alcohol standard h legally improper or invalid." (1987 a 373 § 1.1 Severability -1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the as or the application of the provision to other persons or circumstances is not affected." 11987 c 373 § 8.] Severability -1979 exs. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.' [1979 exs. c 176 § &I Business operation of vessel or vehicle while intoxicated- RCW 9.91.020. STATUTES ADOPTED BY REFERENCE 46.61.502 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68220. Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 88.12.025. RCW 46.61503 Driver under twenty-one consum- ing alcohol—Penalties. (1) Notwithstanding any other provision of this title, a person is guilty of driving a motor vehicle after consuming alcohol if the person operates a motor vehicle within this state and the person: (a) Is under the age of twenty-one; (b) Has, within two hours after operating the motor vehicle, an alcohol concentration of 0.02 or more, as shown by analysis of the person's breath or blood made under RCW 46.61506. (2) It is an affirmative defense to a violation of subsec- tion (1) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentra- tion to be 0.02 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense. (3) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.02 or more in violation of subsection (1) of this section. (4) A violation of this section is a misdemeanor. [1995 c 332 § 2; 1994 c 275 § 10. Formerly RCW 46.20.309.1 Severability—Effective dates -1995 c 332: See notes following RCW 4620.308. Short dile—Effedrve date -1994 c 275: See notes following RCW 46.04.015. Driver under twenty-one, duties upon being stopped by law enforcement officer. RCW 46.61.5057. RCW 46.61.504 Physical control of vehicle under the influence. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: (a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentra- tion of 0.10 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug. (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convict- ed under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway. (3) It is an affirmative defense to a violation of subsec- tion (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant con- sumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense. (4) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.10 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1) (b) or (c) of this section. (5) A violation of this section is a gross misdemeanor. [1994 c 275 § 3; 1993 c 328 § 2; 1987 c 373 § 3; 1986 c 153 § 3; 1979 ex.s. c 176 § 2.] Rules of court: Bait in criminal traffic offense cases—Mandatory appear- ance- CrRIJ 3.1. Short title—Wective date -1994 c 275: See notes following RCW 46.04.015. Legislative fording, purpose—Severability-1987 c 373: See notes following RCW 46.61.502. [1261 Severability -1979 exs. c 176: See note following RCW 46.61.502. RCW 46.61.5054 Alcohol violators—Additional tee—Distribution. (1)(a) In addition to penalties set forth in *RCW 46.615051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. (b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay. (c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it fords that the minor does not have the ability to pay the fee. (2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows: STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070. (b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. (3) This section applies to any offense committed on or after July 1, 1993. [1995 c 398 § 15; 1995 c 332 § 13; 1994 c 275 § 7.] Reviser's note: *(I) RCW 46.61.5051, 46.61.5052, and 46.61.5053 were repealed by 1995 a 332 § 21, effective September 1, 1995. (2) This section was amended by 1995 c 332 § 13 and by 1995 a 398 § 15, each without reference to the other. Both amendments are incorporat- ed in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability—FHective dates -1995 c 332: See notes following RCW 4620308. Short title—Etrative date -1994 c 275: See notes following RCW 46.04.015. RCW 46.61.5055 Alcohol violators—Penalty schedule. (Efj`eedve until January 1, 1998.) (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows: (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration: (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ti) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall [12'7] 46.61.5054 notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or (b) In the case of a person whose alcohol concentration was at least 0. 15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concen- tration: (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one hundred twenty days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the convic- tion, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege. (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61504 and who has one prior offense within five years shall be punished as follows: (a) In the case of a person whose alcohol concentration was less than 0. 15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration: (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or Privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 STATUTES ADOPTED BY REFERENCE 46.615055 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE there is no test result indicating the person's alcohol concen- tration: () By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and ('iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four hundred fifty days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the convic- tion, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege. (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows: (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration: (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (ii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concen- tration: (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspen- sion or deferral is based; and (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege. (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property. (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056. (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355. (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenev- er the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer. who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period. (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred. (c) For each incident involving a violation of a manda- tory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, 11281 STATUTES ADOPTED BY REFERENCE IN THE WASIIINGTON MODEL TRAFFIC ORDINANCE or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection. (8xa) A "prior offense" means any of the following: (i) A conviction for a violation of RCW 46.61302 or an equivalent local ordinance; (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance; (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; (v) A conviction for a violation of RCW 46.613249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522; (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state; (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61502, 46.61.504, or an equivalent local ordinance; or (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.613249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61302 or 46.61504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61322. (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense. [1997 c 66 § 14; 1996 c 307 § 3; 1995 1st sp.s. c 17 § 2; 1995 c 332 § 5.] Effective date -19951st sps. c 17: See note following RCW 4620355. Severability—Effective dates -1995 c 332: See notes following RCW 4620308. RCW 46.61.5055 Alcohol violators—Penalty schedule. (Effeedve Januwy 1, 1998.) (1) A person who is convicted of a violation of RCW 46.61302 or 46.61504 and who has no prior offense within five years shall be pun- ished as follows: (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration: (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or [1291 46.615055 deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or (b) In the case of a person whose alcohol concentration was at least 0. 15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concen- tration: (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial tisk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege. (2) A person who is convicted of a violation of RCW 46.61302 or 46.61304 and who has one prior offense within five years shall be punished as follows: (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration: (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and . (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for STATUTES ADOPTED BY REFERENCE 46.615055 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concen- tration: (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ti) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the convic- tion, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege. (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows: (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration: (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ti) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or (b) In the case of a person whose alcohol concentration was at. least 0.15, or for whom by reason of the person's [1301 refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concen- tration: (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless tate court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspen- sion or deferral is based; and (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege. (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property. (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056. (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355. (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, when- ever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confine- ment for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (a) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred. (c) For each incident involving a violation of a man- datory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection. (8xa) A "prior offense" means any of the following: (i) A conviction for a violation of RCW 46.61502 or an equivalent local ordinance; (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance; (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; (v) A conviction for a violation of RCW 46.61.5249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522; (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state; (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61502, 46.61.504, or an equivalent local ordinance; or (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.615249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61502 or 46.61504, or an equivalent local ordinance, or of RCW 46.61520 or 46.61522. (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense. [1997 c 229 § 11; 1997 c 66 § 14; 1996 c 307 § 3; 1995 1st sp.s. c 17 § 2; 1995 c 332 § 5.1 Reviser's note: This section was amended by 1997 c 66 § 14 and by 1997 a 229 1 11, each without tefereaee to the other. Both amardments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date -1997 c 229: See note following RCW 10.05.090. Effective date -1995 1st sps. c 17: See note following RCW 46.20355. Severability—Effective dates -1995 c 332: See notes following RCW 46.20". RCW 46.615057 Driver under twenty-one—Duties upon being stopped by law enforcement officer. (1) Any [1311 46.615055 person requested or signaled to stop by a law enforcement officer pursuant to *RCW 46.20.309 has a duty to stop. (2) Whenever any person is stopped pursuant to *RCW 46.20.309, the officer may detain that person for a reason- able period of time necessary to: Identify the person; check the status of the person's license, insurance identification card, and the vehicle's registration; and transport the person, if necessary, to and administer a test or tests to determine the alcohol concentration in the person's system. (3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation under *RCW 46.20.309 has a duty to identify himself or herself, give his or her current address, and sign an acknowl- edgement of receipt of the warning required by *RCW 46.20.309(4) and receipt of the notice and temporary license issued under *RCW 46.20.309(5). [1994 c 275 § 11.] *Revisees note: RCW 46.20309 was recodified as RCW 46.61M under 1995 c 332 § 20, effective September 1, 1995, and subsections (4) and (5) were deleted. Short title—Effective date --1994 c 275: See notes following RCW 46.04.015. RCW 46.615058 Alcohol violators—Vehicle seizure and forfeiture. (1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.61502 or 46.61504 or any similar municipal ordinance, if such person has a prior offense within five years as defined in RCW 46.615055, and where the person has been provided written notice that any transfer, sale, or encumbrance of such -person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after convic- tion, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction. (a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party; (b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and (c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title. (2) On conviction for a violation of either RCW 46.61502 or 46.61.504 or any similar municipal ordinance where the person convicted has a prior offense within five years as defined in RCW 46.615055, the motor vehicle the STATUTES ADOPTED BY REFERENCE 46.615058 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section. (3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section. (4) Seizure under subsection (3) of this section auto- matically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen -day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. (5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited. (6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of compe- tent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty- five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled 11321 to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the ad- ministrative law judge or court that the claimant is the present legal owner under Title 46 RCW or is lawfully entitled to possession of the vehicle. (7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1) (a) or (c) of this section. (8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle. (9) Each seizing agency shall retain records of forfeited vehicles for at least seven years. (10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter. (11) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence. during the investigation or prosecution of a case or during the appeal from a conviction. (12) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account. (13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents. (14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, deter- mined when possible by reference to an applicable com- monly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal. (1995 c 332 § 6; 1994 c 139 § 1.] Severability—Effective dates -1995 c 332: See notes following RCW 4620.308. RCW 46.61506 Persons under influence of intox- icating liquor or drug—Evidence—Tests—Information concerning tests. (1) Upon the trial of any civil or criminal STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.10, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug. (2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influ- ence of intoxicating liquor or any drug. (3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist. (4) When a blood test is administered under the provi- sions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (6) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney. [1995 c 332 § 18; 1994 c 275 § 26; 1987 c 373 § 4; 1986 c 153 § 4; 1979 ex.s. c 176 § 5; 1975 1st exs. c 287 § 1; 1969 c 1 § 3 (Initiative Measure No. 242, approved November 5, 1968).] Rales of court Evidence of Breathalyzer, BAC Verifier, simulator solation tests—CrRL 613. Severability—Effective dates -1995 a 332: See notes following RCW 4620308. Short tide --Effective date -1994 a 275: See notes following RCW 46.04.015. Legislative finding, purpose—Severability-1987 c 373: See notes following RCW 46.61.502. Severability -1979 exs. c 176: See note following RCW 46.61502. Severability, implied consent law -1969 c 1: See RCW 4620.911. Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100. RCW 46.61.517 Refusal of alcohol test— Admissibility as evidence. The refusal of a person to 46.61.506 submit to a test of the alcoholic content of the person's blood or breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial. [1987 c 373 § 5; 1986 c 64 § 2; 1985 c 352 § 21; 1983 c 165 § 27.] Legislative Lndtog, purpose--Severability-1987 c 373: See notes following RCW 46.61502 Severability -1985 a 352: See note following RCW 10.05.010. Legislative findingo intent --Effective dates—Severability-1983 c 165: See notes following RCW 46.20308. RCW 46.61519 Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions. (1) It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway. (2) It is a traffic infraction for a person to have in his possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed. (3) It is a traffic infraction for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for -hire vehicle licensed under city, county, or state law, or to a privately -owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his usual employment transporting passengers at the employer's direction: PRO- VIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway. [1989 c 178 § 26; 1984 c 274 § 1; 1983 c 165 § 28.] Severability --Effective dates -1989 c 178: See RCW 4625 9W and 46.25.901. Legislative finding, intent—Effective dates--Severability-1983 c 165: See notes following RCW 4620308. Ignition interlocks. biological technical devices. RCW 4620.710 through 46.20.750. [1331 RCW 46.615191 Local ordinances not prohibited. Nothing in RCW 46.61519 or RCW 46.61.5191 prohibits any city or town from enacting a local ordinance that proscribes the acts proscribed by those sections and that provides penalties equal to or greater than the penalties provided in those sections. [1984 c 274 § 2.] RCW 46.61.5195 Disguising alcoholic beverage container. (1) It is a traffic infraction to incorrectly label STATUTES ADOPTED BY REFERENCE 46.615195 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE the original container of an alcoholic beverage and to then violate RCW 46.61.519. (2) It is a traffic infraction to place an alcoholic bev- erage in a container specifically labeled by the manufacturer of the container as containing a nonalcoholic beverage and to then violate RCW 46.61519. [1984 c 274 § 3.] Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750. RCW 46.615249 Negligent driving—F"lrst degree. (1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug. (b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings. (c) Negligent driving in the first degree is a misde- meanor. (2) For the purposes of this section: (a) "Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. (b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either. (i) Is in possession of or in close proximity to a con- tainer that has or recently had liquor in it; or (ii) Is shown by other evidence to have recently con- sumes] liquor. (c) "Exhibiting the effects of having consumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either: (i) Is in possession of an illegal drug; or (ii) Is shown by other evidence to have recently con- sumed an illegal drug. (d) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the driver does not have a valid prescription or that is not being consumed in accor- dance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings. (3) Any act prohibited by this section that also consti- tutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section. [1997 c 66 § 4.1 [1341 RCW 46.61525 Negligent driving—Second degree. (1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property. (b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was oper- ating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent. (c) Negligent driving in the second degree is a traffic in- fraction and is subject to a penalty of two hundred fifty dol- lars. (2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. (3) Any act prohibited by this section that also consti- tutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section. [1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior. 1939 e 154 § 1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.] Rules of court: Negligent driving cases—CrRL 3.2. Report by administrator for courts: "(1) The office of the administrator for the courts shall collect data on the following after June 6. 1996: (a) The number of arrests, charges, and convictions for negligent driving in the first degree; (b) The number of notices of infiacdon issued for negligent driving in the second degree; and (c) The number of charges for negligent driving that were the result of an amended charge from some other offense, and the numbers for each such other offense (2) The office of the administrator for the courts shall compile the collected data and make a report to the legislature no later than October 1. 1998' [1996 c 307 § 2.] Effective dak --Severability-1979 exs. c J36: See notes following RCW 46.63.010. Arrest of person involved in negligent driving: RCW 10.31.100. Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 88.12.025. RCW 46.61.527 Roadway construction zones. (1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway. (2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices. (3) A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. Tbis penaltymay not be waived, reduced, or suspended. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (4) A person who drives a vehicle in a roadway con- struction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades, or intentionally strikes a traffic safety or control device is guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misde- meanor punishable under chapter 9A.20 RCW. (5) The department shall suspend for sixty days the license or permit to drive or a nonresident driving privilege of a person convicted of reckless endangerment of roadway workers. [1994 c 141 § 1.] Effective date -1994 c 141: "Imus act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [Match 28, 19941.' [1994 c 141 § 3.1 RCW 46.61.530 Ratting of vehicles on highways— Reckless driving—Exception. No person or persons may race any motor vehicle or motor vehicles upon any public highway of this state. Any person or persons who wilfully compare or contest relative speeds by operation of one or more motor vehicles shall be guilty of racing, which shall constitute reckless driving under RCW 46.61500, whether or not such speed is in excess of the maximum speed pre- scribed by law: PROVIDED HOWEVER 'Istat any compar- ison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing. [1979 exs. c 136 § 87; 1961 c 12 § 46.48.050. Prior. 1937 c 189 § 67; RRS § 6360-67; 1921 c 96 § 32; 1915 c 142 § 25; RRS § 6344. Formerly RCW 46.48.050.1 Rales of court: Bail in criminal traffic offense cases—Mandatory ap- peamnce—CrRL 3.2. Effective date Severability -1979 exs. c 136: See notes following RCW 46.63.010. Arrest of person involved in racing of vehicles: RCW 10.31.100. RCW 46.61.535 Advertising of unlawful speed at- tained—Reckless driving. It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this state when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of the provisions of this section shall be prima facie evidence of reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided. [1979 ex.s. c 136 § 88; 1961 c 12 § 46.48.060. Prior: 1937 c 189 § 68; RRS § 6360-68. Formerly RCW 46.48.060.1 Effective date--Severability-1979 exs. c 136: See aces following RCW 46.63.010. RCW 46.61.540 "Drugs," what included. The word "drugs", as used in RCW 46.61500 through 46.61535, shall 46.61.527 include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW. [1975 1st exs. c287§5.] RCW 46.61.560 Stopping, standing, or parking outside business or residence districts. (1) Outside of incorporated cities and towns no person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (2) Subsection (1) of this section and RCW 46.61570 and 46.61.575 do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle as required by RCW 46.61.590. (3) Subsection (1) of this section does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone approved by the state department of transportation or a county upon highways under their respective jurisdictions. (4) Subsection (1) of this section and RCW 46.61.570 and 46.61.575 do not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge of the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in the collection of solid waste or recyclables, or both, under chapters 81.77, 35.21, and 35A.21 RCW or by contract under RCW 36.58.030 [36.58.040]. [1991 c 319 § 408; 1984 c 7 § 72; 1979 ex.s. c 178 § 20; 1977 c 24 § 2; 1965 ex.s. c 155 § 64.] Rules of court: Monetary penalty schedule JTIR 6.2. Severability—Part beadings not law -1991 c 319: See RCW 70.95F.900 and 70.95F.901. [135] Severability -1984 c 7. See nae following RCW 47.01.141. Severability -1979 exs. c 178: See note following RCW 46.61.590. Limited access highways: RCW 47.52.120. Unattended motor vehicles: RCW 46.61.600. RCW 46.61.570 Stopping, standing, or parking prohibited in specified places—Reserving portion of highway prohibited. (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (ii) On a sidewalk or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; (v) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no -parking area opposite the ends of a safety zone; STATUTES ADOPTED BY REFERENCE 46.61570 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (vi) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (viii) On any railroad tracks; (ix) In the area between roadways of a divided highway including crossovers; or (x) At any place where official signs prohibit stopping. (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within fifteen feet of a fire hydrant; (iii) Within twenty feet of a crosswalk; (iv) Within thirty feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (v) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted; or (vi) At any plate where official signs prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (i) Within fifty feet of the nearest rail of a railroad crossing; or (ii) At any place where official signs prohibit parking. (2) Parking or standing shall be permitted in the manner provided by law at all other places except a time limit may be imposed or parking restricted at other places but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions. (3) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful. (4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right [1977 ex.s. c 151 § 40; 1975 c 62 § 35; 1965 ex.s. c 155 § 66.] Rales of court. Monetary penalty scheduk—MR 6.2. Federal requirements--Smrstbitity-1977 ex -r. c 151: See RCW 47.98.070 and 47.98.080. Severabiiity-1975 a 62: See note following RCW 36.75.010. Limited access highways: RCW 4752.120. RCW 46.61575 Additional parking regulations. (1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (2) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of [1361 the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right- hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.. (3) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any federal -aid or state highway unless the secretary of transportation has deter- mined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (4) The secretary with rdspect to highways under his or her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where the secretary has determined by order, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices. [1977 ex.s. c 151 § 41; 1975 c 62 § 36; 1965 ex.s. c 155 § 67.] Rales of court: Monetary penalty schedule-1TIR 6 2. Federal requirements—Severability-1977 exs c 151: See RCW 47.98.070 and 47.98.080. Sevemb0ity--1975 c 62: See note following RCW 36.75.010. RCW 46.61.581 Indication of parking space for disabled persons—Failure, penalty. A parking space or stall for a disabled person shall be indicated by a vertical sign, between thirty-six and eighty-four inches off the ground, with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120 and the notice "State disabled parking permit required." Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 4 civil infraction under chapter 7.80 RCW for each parking space that should be so desig- nated. [1988 c 74 § 1; 1984 c 154 § 4.] Intent—Application--Severability-1984 c 154: See notes following RCW 46.16381. Accessible parking spaces required: RCW 70.92.140. RCW 46.61582 Free parking by disabled persons. Any person who meets the criteria for special parking privileges under RCW 46.16.381 shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas including zones or areas with parking meters which are otherwise restricted as to the length of time parking is permitted. This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. The person shall obtain and display a special placard or license plate under RCW 46.16.381 to be eligible for the privileges under this section. [1991 c 339 § 25; 1984 c 154 § 5.1 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Intent—Application—Severability-1984 c 154: See notes following PCW 46.16381. RCW 46.61.583 Special plate or card issued by another jurisdiction. A special license plate or card issued by another state or country that indicates an occupant of the vehicle is disabled, entities the vehicle on or in which it is displayed and being used to transport the disabled person to the same overtime parking privileges granted under this chapter to a vehicle with a similar special license plate or card issued by this state. [1991 c 339 § 26; 1984 c 51 § 2.] RCW 46.61.585 Winter recreational parking areas --Special permit required. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless such vehicle displays, in accordance with regulations adopted by the parks and recreation commission, a special winter recreational area parking permit or permits. [1990 c 49 § 4; 1975 1st ex.s. c 209 § 5.1 Severability -19751st exs. c 209: See note following RCW 43.51290. Winter recreational parking areas: RCW 4351.290 through 43.51.340. RCW 46.61.587 Winter recreational parking areas—Penalty. Any violation of RCW 43.51.320 or 46.61.585 or any rule promulgated by the parks and recre- ation commission to enforce the provisions thereof shall be punished by a fine of not more than twenty-five dollars. [1984 c 258 § 329; 1977 c 57 § 1; 1975 1st ex.s. c 209 § 6.] Rules of court. Monetary penalty scheduleJflR 6:2. Court Improvement Act of 1984—Fdective dates--Severabt'4'ty— Short tido--1984 c 258: See notes following RCW 3.30.010. Intent -1984 c 258: See note following RCW 3.46.120. Severability -1975 1st ex.s. c 209: See note following RCW 43.51290. RCW 46.61.590 Unattended motor vehicle— Removal from highway. It is unlawful for the operator of a vehicle to leave the vehicle unattended within the limits of any highway unless the operator of the vehicle arranges for the prompt removal of the vehicle. [1979 ex.s. c 178 § 1.1 Severability -1979 exs. c 178: 'If any provision of this 1979 act or its application to any person or cireumomm is held invalid, the remainder of the act or the application of the provision to other persons or circum- stances is not affected." 11979 exs. a 178 4 23.] Towing and impoundment: Chapter 4655 RCW. RCW 46.61.600 Unattended motor vehicle. (1) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway. (2) The most recent driver of a motor vehicle which the driver has left standing unattended, who learns that the vehicle has become set in motion and has struck another [137] 46.61.582 vehicle or property, or has caused injury to any person, shall comply with the requirements of: (a) RCW` 4652.010 if his vehicle strikes an unattended vehicle or property adjacent to a public highway; or (b) RCW 4652.020 if his vehicle causes damage to an attended vehicle or other property or injury to any person. (3) Any person failing to comply with subsection (2)(b) of this section shall be subject to the sanctions set forth in RCW 46.52.020. [1980 c 97 § 2; 1965 ex.s. c 155 § 68.] Effective date -1980 c 97: See note following RCW 4632.020. RCW 46.61.605 Limitations on backing. (1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. (2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway. [1965 ex.s. c 155 § 69.] Ryles of court. Monetary penalty schedule JPIR 6.2. RCW 46.61.606 Driving on sidewalk prohibited— Exception. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. [1975 c 62 § 45.] Severability -1975 a 62: See note following RCW 36.75.010. RCW 46.61.608 Operating motorcycles on road- ways land for traffic. (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. (2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtak- en. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (4) Motorcycles shall not be operated more than two abreast in a single lane. (5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties. [1975 c 62 § 46.] Rules of covet: Monetary penalty schedule—JTIR 6.2. Severability -1975 a 62: See note following RCW 36.75.010. RCW 46.61.610 Riding on motorcycles. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. PROVIDED, HOWEVER, That the motorcycle must contain foot pegs, of a type approved by the *equipment commission, for each person such motorcycle is designed to carry. [1975 c 62 § 37; 1967 c 232 § 5; 1965 exs. c 155 § 70.] Rules Of cowe Monetary penalty schedule Jf1R 6.2. STATUTES ADOPTED BY REFERENCE 46.61.610 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE *RevkWs note: The duties of the commission on equipment were transfected to the state patrol by 1987 c 330 (see RCW 4637.005). Severability -1975 a 62: See note following RCW 36.75.010. Equipment regulations for motorcycles, motor -driven eycks, mopeds, or electric -assisted bicycles: RCW 4637.530, 46.37-535. Mopeds: RCW 46.16.630, 4661.710, 4661.720. RCW 46.61.611 Motorcycles—Maximum height for handlebars. No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than fifteen inches higher than the seat or saddle for the operator. [1967 c 232 § 6.] Rules of court: Monetary penalty schedule—JTIR 6.2. RCW 46.61.612 Riding on motorcycles—Both feet not to be on same side. No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle. [1967 c 232 § 7.1 Rules of court Monetary penalty schedulefTIR 6.2. RCW 46.61.614 Riding on motorcycles—Clinging to other vehicles. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway. 11975 c 62 § 47.] Rales of court: Monetary penalty scheduk--ITIR 6.2. Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.615 Obstructions to driver's view or driving mechanism. (1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mecha- nism of the vehicle. (2) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. [1965 ex.s. c 155 § 71.1 Rules of court. Monetary penalty schedule—lTIR 6.2. RCW 46.61.620 Opening and dosing vehicle doors. No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers. [1965 ex.s. c 155 § 72.1 RCW 46.61.625 Riding in trailers or towed vehicles. (1) No person or persons shall occupy any trailer while it is being moved upon a public, highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear -end position. (2) No person or persons may occupy a vehicle while it is being towed by a tow truck as defined in RCW 46.55.010(8). [1995 c 360 § 10; 1965 ex.s. c 155 § 73.] RCW 46.61.630 Coasting Prohibited. (1) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral. (2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged. [1965 ex.s. c 155 § 74.) RCW 46.61.635 Following fire apparatus prohib- ited The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in re- sponse to a fire alarm closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm. [1975 c 62 § 38; 1965 ex.s. c 155 § 75.1 Rules of court: Monetary penalty scheduk—J77R 6.2. Severability -1975 c 62: See note following RCW 36.75.010. RCW 46.61.640 Crossing fine hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. [1965 ex.s. c 155 § 76.] RCW 46.61.645 Throwing dangerous materials on highway prohibited—Removal. (1) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway. (2) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. [1965 ex.s. c 155 § 77.) Rules of court: Monetary penalty schedale—TTIR 6.2. Lighted material, disposal of.• RCW 76.06.455. Uttering: Chapter 70.93 RCW. RCW 46.61.655 Dropping load, other materials— Covering. (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruc- tion or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor. (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway. [1381 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed. (4) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway. (5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions. (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway. [1990 c 250 § 56; 1986 c 89 § 1; 1971 ex.s. c 307 § 22; 1965 ex.s. c 52 § 1; 1961 c 12 § 4656.135. Prior. 1947 c 200 § 3, part; 1937 c 189 § 44, part; Rem. Supp. 1947 § 6360-44, part Former- ly RCW 46.56.135.] Rales of court. Monetary penalty schedule— rrlR 6.2. Severability -1990 a 250: See note following RCW 46.16301 Severability -1971 exs. a 307: See RCW 70.93.900. Littering: Chapter 70.93 RCW. Transporting waste to larWills: RCW 70.93.097. RCW 46.61.660 Carrying persons or animals on outside part of vehicle. It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure be provided and so attached as to protect such animal from falling or being thrown therefrom. It shall be unlawful for any person to transport any persons upon the running board, fenders, hood or other outside part of any vehicle, except that this provision shall not apply to authorized emergency vehicles or to solid waste collection vehicles that are engaged in collecting solid waste or recyclables on route at speeds of twenty miles per hour or less. [1997 c 190 § 1; 1961 c 12 § 46.56.070. Prior. 1937 c 189 § 115; RRS § 6360-115. Formerly RCW 46.56.070.] RCW 46.61.665 Embracing another while driving. It shall be unlawful for any person to operate a motor vehi- cle upon the highways of this state when such person has in his or her embrace another penton which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving. [1979 exs. c 136 § 89; 1961 c 12 § 46.56.100. Prior. 1937 c 189 § 117; RRS § 6360- 117; 1927 c 309 § 49; RRS § 6362-49. Formerly RCW 4656.100.] Effective date—Sevmability-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.61.670 Driving with wheels off roadway. It shall be unlawful to operate or drive any vehicle or combi- nation of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or [1391 46.61.655 all of the wheels off the roadway thereof, except as permit- ted by RCW 46.61A28 or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof. [1977 exs. c 39 § 2-,1961 c 12 § 46.56.130. Prior. 1937 c 189 § 96; RRS § 6360-96. Formerly RCW 46.56.130.1 RCW 46.61.675 Causing or permitting vehicle to be unlawfully operated. It shall be unlawful for the owner, or any other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner contrary to the law. [1961 c 12 § 46.56.200. Prior. 1937 c 189 § 148; RRS § 6360-148. Formerly RCW 4656.200.] RCW 46.61.680 Lowering passenger motor vehicle below legal clearance—Penalty. It is unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of such passenger vehicle other than the wheels has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel the fire on which is in contact with such roadway. Violation of the provisions of this section is a traffic infraction. [1979 exs. c 136 § 90; 1961 c 151 § 1. For- merly RCW 46.56.220.] Effective dateabaity-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.61.685 Leaving children unattended in standing vehicle with motor running—Penalty. It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle. Any person violating the provisions of this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator's license of such person. [1990 c 250 § 57; 1961 c 151 § 2. Formerly RCW 4656.230.] Ruks of court. Bail in criminal traffic offense cases—Mandatory ap- pearance—CrRU 32. Severability -1990 a 250: See tote following RCW 46.16.301. Leaving children unattended in parked automobile while entering tavern, etc.: RCW 9.91.060. RCW 46.61.687 Child passenger restraint re- quired—Condidons—E=epdons—Penalty for violation— Dismissal—Noncompliance not negligence. (1) Whenever a child who is less than ten years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37510 to be equipped with a safety belt system in a passenger seating position, the driver of the vehicle shall keep the child properly restrained as follows: (a) If the child is less than three years of age, the child shall be properly restrained in a child restraint system that complies with standards of the United States department of STATUTES ADOPTED BY REFERENCE 46.61.687 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE transportation and that is secured in the vehicle in accor- dance with instructions of the manufacturer of the child restraint system; (b) If the child is less than ten but at least three years of age, the child shall be restrained either as specified in (a) of this subsection or with a safety belt properly adjusted and fastened around the child's body. (2) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system within seven days to the jurisdiction issuing the notice, the jurisdiction shall dismiss the notice of traffic infraction. (3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action. (4) This section does not apply to: (a) For hire vehi- cles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto =spor- tation companies, as defined in RCW 81.68.010, and (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals. [1994 c 100 § 1; 1993 c 274 § 1; 1987 c 330 § 745; 1983 c 215 § 2.] Construction --Application of rule"everability--1987 c 330: See notes following RCW 28B.12.050. Severability -1983 c 215: See note following RCW 46.37505. Standards for child passenger restraint systems: RCW 46.37.505. RCW 46.61.688 Safety belts, use required— Penalties—Exemptions. (1) For the purposes of this section, the term "motor vehicle" includes: (a) "Buses," meaning motor vehicles with motive power, except trailers, designed to tarry more than ten passengers; (b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation; (c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and (d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transpor- tation of property. (2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as Inquired by federal motor vehicle safety standard 208 are occupied. (3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner. (4) No person may operate a motor vehicle unless all passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device. (5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers. (6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action. (7) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense. (8) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons. (9) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts. [1990 c 250 § 58; 1986 c 152 § 1.] Severability -1990 c 250: See note following RCW 46.16.301. Study of effectiveness -1986 a 152: The uaffic safety commission shall undertake a study of the effectiveness of section 1 of this act and shall report its finding to the legislative aansportation committee by January 1. 1989.' 11986 c 152 J 3.1 Physicians—/mmaniry from liability regarding safety belts. Rt: W 4.24.235. Seat belts and shoulder harnesses, required equipment: RCW 46.37.510. RCW 46.61.690 Violations relating to toll facilities. Any person who uses a toll bridge, toll tunnel, toll road, or toll ferry, and the approaches thereto, operated by the state of Washington, the department of transportation, or any political subdivision or municipal corporation empowered to operate toll facilities, at the entrance to which appropriate signs have been erected to notify both pedestrian and vehicular traffic that it is entering a toll facility or its approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction if: (1) Such person refuses to pay, evades, or attempts to evade the payment of such tolls, or uses or attempts to use any spurious or counterfeit tickets, coupons, or tokens for payment of any such tolls, or (2) Such person turns, or attempts to turn, the vehicle around in the bridge, tunnel, loading terminal, approach, or toll plaza where signs have been erected forbidding such turns, or (3) Such person refuses to move a vehicle through the toll gates after having come within the area where signs have been erected notifying traffic that it is entering the area where toll is collectible or where vehicles may not turn around and where vehicles are required to pass through the toll gates for the purpose of collecting tolls. [1983 c 247 § 1; 1979 ex.s. c 136 § 91; 1961 c 259 § 1. Formerly RCW 4656.240.] [1401 STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Effective date—Severability-1979 exs. c 136: See notes following RCW 46.63.010. Severability -1961 c 259: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1961 c 259 § 2.) RCW 46.61.700 Parent or guardian shall not authorize or permit violation by a child or ward. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. [1965 ex.s. c 155 § 78.) Reviser's note: This section was enacted just before sections about the operation of bicycles and play vehicles and was accordingly so codified in 1965. Other sections enacted later have been oodified under the [umbers remaining between RCW 46.61.700 and 46.61.750. The section appears in the Uniform Vehicle Code (1%2) as part of the first section of Article X11 --Operation of Bicycles and Play Vehicles. Capdons used herein, not part of the law. RCW 46.61.990. Unlawful to allow unauthorized child or ward to drive: RCW 46.20.343. RCW 46.61.710 Mopeds, electric -assisted bicycles— General requirements and operation. (1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630. (2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail. (3) Operation of a moped or an electric -assisted bicycle on a fully controlled limited access highway or on a side- walk is unlawful. (4) Removal of any muffling device or pollution control device from a moped is unlawful. (5) Subsections (1), (2), and (4) of this section do not apply to electric -assisted bicycles. Electric -assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric -assisted bicycles may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric -assisted bicycles. [1997 c 328 § 5; 1979 ex.s. c 213 § 8.] RCW 46.61.720 Mopeds—Safety standards. Mopeds shall comply with those federal motor vehicle safety standards established under the national traffic vehicle safety act of 1966 (15 U.S.C. Sec. 1381, et. seq.) which are applicable to a motor -driven cycle, as that term is defined in such federal standards. [1979 ex.s. c 213 § 9.] Mopeds drivers' licenses, motorcycle endorsement, moped exemption: RCW 46.20.500. registration: RCW 46.16.630. RCW 46.61.730 Wheelchair conveyances. (1) No person may operate a wheelchair conveyance on any public roadway with a posted speed limit in excess of thirty-five miles per hour. (2) No person other than a wheelchair-bound person may operate a wheelchair conveyance on a public roadway. 1141) 46.61.690 (3) Every wheelchair-bound person operating a wheel- chair conveyance upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle by this chapter, except those provisions that by their nature can have no application. (4) A violation of this section is a traffic infraction. [ 1983 c 200 § 5.] Severability -1983 c 200: Sec note following RCW 46.04.710. Wheelchair conveyances definitions: RCW 46.04.710. licensing: RCW 46.16.64a operator's license. RCW 46.20550. safety standards. RCW 46.37.610. RCW 46.61.750 Effect of regulations—Penalty. (1) It is a traffic infraction for any person to do any act forbid- den or fail to perform any act required in RCW 46.61.750 through 46.61.780. (2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein. [1982 c 55 § 6; 1979 ex.s. c 136 § 92; 1965 ex.s. c 155 § 79.] Rules of court: Monetary penalty scheduk—MR 6.2. Effective date--Severability-1979 est. c 136: Sec notes following RCW 46.63.010. Bicycle awareness program: RCW 43.43.390. 'Bicycle" defined: RCW 46.04.071. RCW 46.61.755 Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in RCW 46.61.750 through 46.61.780 and except as to those provisions of this chapter which by their nature can have no application. [1965 exs. c 155 § 80.] Rules of court: Monetary penalty schedule-JTIR 6.2. RCW 46.61.758 Hand signals. All hand signals required of persons operating bicycles shall be given in the following manner. (1) Left tum. Left hand and arm extended horizontally beyond the side of the bicycle; (2) Right turn. Left hand and arm extended upward beyond the side of the bicycle, or right hand and arm extended horizontally to the right side of the bicycle; (3) Stop or decrease speed Left hand and atm extended downward beyond the side of the bicycle. The hand signals required by this section shall be given before initiation of a turn. [1982 c 55 § 8.1 RCW 46.61.760 Riding on bicycles. (1) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (2) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. [1965 ex.s. c 155 § 81.] Rules of court• Monetary penalty scheduleMR 62. STATUTES ADOPTED BY REFERENCE 46.61.765 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE RCW 46.61.765 Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. [1965 ex.s. c 155 § 82.] Rules of court: Monetary penalty schedule—lTIR 6.2. RCW 46.61.770 Riding on roadways and bicycle paths. (1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be ap- propriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway or highway other than a limited -access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe. A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists. (2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. [1982 c 55 § 7; 1974 ex.s. c 141 § 14; 1965 ex.s. c 155 § 83.] Rules of court: Monetary penalty schedule JTIR 6.2. Use of bicycles on limited -access highways: RCW 46.61.160. RCW 46.61.775 Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars. [1965 ex.s. c 155 § 84.1 Rules of court: Monetary penalty schedule-4T1R 6.2. RCW 46.61.780 Lamps and other equipment on bicycles. (1) Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. (2) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. [1987 c 330 § 746; 1975 c 62 § 39; 1965 ex.s. c 155 § 85.] Rules of court Monetary penalty schedule-1T/R 6.2. Construction --Application of rule"everabllity-1987 c 330: See notes following RCW 28B.12.050. Severability -1975 c 62: See nae following RCW 36.75.010. RCW 46.63.010 Legislative intent. It is the legis- lative intent in the adoption of this chapter in decriminalizing certain traffic offenses to promote the public safety and welfare on public highways and to facilitate the implemen- (1421 tation of a uniform and expeditious system for the disposi- tion of traffic infractions. [1979 ex.s. c 136 § 1.1 Effective date -1979 exs. c 136: ?he provisions of chapter 136, Laws of 1979 ex. sess. and this 1980 act shall take effect on January 1, 1981, and shall apply to violations of the traffic laws committed on or after Januaryi, 1981 " 11980 c 128 § 9; 1979 exs. c 136 § 111.) Severability -1979 exs. a 136: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to otter persons or circumstanoes is not affected.' (1979 ex.s. c 136 § 110.1 RCW 46.63.020 Violations as traffic infractions— Exceptions. (Effective until January I, 1998.) Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution: (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance; (2) RCW 46.09.130 relating to operation of nonhighway vehicles; (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endanger- ing the person of another, (4) RCW 46.10.130 relating to the operation of snow- mobiles; (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss; (6) RCW 46.16.010 relating to initial registration of motor vehicles; (7) RCW 46.16.011 relating to permitting unauthorized persons to drive; (8) RCW 46.16.160 relating to vehicle trip permits; (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking; (10) RCW 46.20.005 relating to driving without a valid driver's license; (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit; (12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license; (13) RCW 46.20.342 relating to driving with a sus- pended or revoked license or status; (14) RCW 46.20.410 relating to the violation of re- strictions of an occupational driver's license; (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license; (16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device; (17) RCW 46.25.170 relating to commercial driver's licenses; M STATUTES ADOP'T'ED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (18) Chapter 46.29 RCW relating to financial respon- sibility; (19) RCW 46.30.040 relating to providing false evi- dence of financial responsibility; (20) RCW 46.37.435 relating to wrongful installation of sunscreening material; (21) RCW 46.44. 180 relating to operation of mobile home pilot vehicles; (22) RCW 46.48.175 relating to the transportation of dangerous articles; (23) RCW 46.52.010 relating to duty on striking an unattended car or other property; (24) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle; (25) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers; (26) RCW 46.52.100 relating to driving under the influence of liquor or drugs; (27) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency; (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate; (29) RCW 46.55.035 relating to prohibited practices by tow truck operators; (30) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters; (31) RCW 46.61.020 relating to refusal to give infor- mation to or cooperate with an officer, (32) RCW 46.61.022 relating to failure to stop and give identification to an officer, (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles; (34) RCW 46.61.500 relating to reckless driving; (35) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs; (36) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol; (37) RCW 46.61.520 relating to vehicular homicide by motor vehicle; (38) RCW 46.61.522 relating to vehicular assault; (39) RCW 46.61.5249 relating to first degree negligent driving; (40) RCW 46.61.527(4) relating to reckless endanger- ment of roadway workers; (41) RCW 46.61.530 relating to racing of vehicles on highways; (42) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running; (43) RCW 46.64.010 relating to unlawful cancellation Of or attempt to cancel a traffic citation; (44) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes; (45) Chapter 46.65 RCW relating to habitual traffic offenders; (46) RCW 46.68.010 relating to false statements made to obtain a refund; (47) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter pro - [143] 46.63.020 vides for the assessment of monetary penalties of a civil nature; (48) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles; (49) RCW 46.72A.060 relating to limousine carrier insurance; (50) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate; (51) RCW 46.72A.080 relating to false advertising by a limousine carrier, (52) Chapter 46.80 RCW relating to motor vehicle wreckers; (53) Chapter 46.82 RCW relating to driver's training schools; (54) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW; (55) RCW 46.87.290 relating to operation of an un- registered or unlicensed vehicle under chapter 46.87 RCW. [1997 c 66 § 8. Prior. 1996 c 307 § 6; 1996 c 287 § 7; 1996 c 93 § 3; 1996 c 87 § 21; 1996 c 31 § 3; prior. 1995 1st sp.s. c 16 § 1; 1995 c 332 § 16; 1995 c 256 § 25; prior. 1994 c 275 § 33; 1994 c 141 § 2; 1993 c 501 § 8; 1992 c 32 § 4; 1991 c 339 § 27; prior. 1990 c 250 § 59; 1990 c 95 § 3; prior: 1989 c 353 § 8; 1989 c 178 § 27; 1989 c 111 § 20; prior: 1987 c 388 § 11; 1987 c 247 § 6; 1987 c 244 § 55; 1987 c 181 § 2; 1986 c 186 § 3; prior: 1985 c 377 § 28; 1985 c 353 § 2; 1985 c 302 § 7; 1983 c 164 § 6; 1982 c 10 § 12; prior: 1981 c 318 § 2; 1981 c 19 § 1; 1980 c 148 § 7; 1979 ex.s. c 136 § 2.] Effective date -19951st sps. c 16: "This act shall take effect September 1. 1995." [1995 Ist sps. c 16 § 21 Severability—Effective dates -1995 a 332: See notes following RCW 46.20.308. Short title—Effective date -1994 c 275: See notes following RCW 46.04.015. Effective date -1994 c 141: See note following RCW 46.61527. Severability -1990 c 250: See note following RCW 46.16.301. Severability—Effective date -1989 c 353: See RCW 4630.900 and 46.30.901. Severability—FSative dates -1989 c 178: See RCW 46.25.900 and 46.25.901. Severability -1987 a 388: See note following RCW 4620342. Effective dates -1987 c 244: See note following RCW 46.12010. Severability Effective date -1985 c 371: See RCW 4655.900 and 4655.902 Severability -1982 c 10: See note following RCW 6.13.080. Severability -1981 c 19: 'If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the as or the application of the provision to other persons or circumstances is not affected.' [1981 c 19 § 7.] Effective date -1980 c 148: See note following RCW 46.10.090. Effective date--Severability-1979 ex -- c 136: See notes following RCW 46.63.010. Allowing unauthorized persons to drive: RCW 4620.344. RCW 46.63.020 Violations as traffic infractions— Exceptions. (Effective January I, 1998.) Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution STATUTES ADOPTED BY REFERENCE 46.63.020 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution: (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance; (2) RCW 46.09.130 relating to operation of nonhighway vehicles; (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endanger- ing the person of another, (4) RCW 46.10.130 relating to the operation of snow- mobiles; (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss; (6) RCW 46.16.010 relating to initial registration of motor vehicles; (7) RCW 46.16.011 relating to permitting unauthorized persons to drive; (8) RCW 46.16.160 relating to vehicle trip permits; (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking; (10) RCW 46.20.005 relating to driving without a valid driver's license; (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit; (12) RCW 4620.336 relating to the unlawful possession and use of a driver's license; (13) RCW 46.20.342 relating to driving with a sus- pended or revoked license or status; (14) RCW 46.20.410 relating to the violation of re- strictions of an occupational driver's license; (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license; (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required; (17) RCW 4620.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device; (18) RCW 46.25.170 relating to commercial driver's licenses; (19) Chapter 46.29 RCW relating to financial respon- sibility; (20) RCW 46.30.040 relating to providing false evi- dence of financial responsibility; (21) RCW 46.37.435 relating to wrongful installation of sunscreening material; (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles; (23) RCW 46.48.I75 relating to the transportation of dangerous articles; (24) RCW 46.52.010 relating to duty on striking an unattended car or other property; (25) RCW 46.52020 relating to duty in case of injury to or death of a person or damage to an attended vehicle; (144) (26) RCW 4652.090 relating to reports by repairmen, storagemen, and appraisers; (27) RCW 46.52. 100 relating to driving under the influence of liquor or drugs; (28) RCW 4652.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency; (29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate; (30) RCW 46.55.035 relating to prohibited practices by tow truck operators; (31) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters; (32) RCW 46.61.020 relating to refusal to give infor- mation to or cooperate with an officer; (33) RCW 46.61.022 relating to failure to stop and give identification to an officer, (34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles; (35) RCW 46.61.500 relating to reckless driving; (36) RCW 46.61502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs; (37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol; (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle; (39) RCW 46.61.522 relating to vehicular assault; (40) RCW 46.615249 relating to first degree negligent driving; (41) RCW 46.61.527(4) relating to reckless endanger- ment of roadway workers; (42) RCW 46.61.530 relating to racing of vehicles on highways; (43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running; (44) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation; (45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes; (46) Chapter 46.65 RCW relating to habitual traffic offenders; (47) RCW 46.68.010 relating to false statements made to obtain a refund; (48) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter pro- vides for the assessment of monetary penalties of a civil nature; (49) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles; (50) RCW 46.72A.060 relating to limousine carrier insurance; (51) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate; (52) RCW 46.72A.080 relating to false advertising by a limousine carrier, (53) Chapter 46.80 RCW relating to motor vehicle wreckers; (54) Chapter 46.82 RCW relating to driver's training schools; STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (55) RCW 46.87.260 relating to alteration or forgery of a cab card, tetter of authority, or other temporary authority issued under chapter 46.87 RCW; (56) RCW 46.87.290 relating to operation of an un- registered or unlicensed vehicle under chapter 46.87 RCW. [1997 c 229 § 13; 1997 c 66 § 8. Prior. 1996 c 307 § 6; 1996 c 287 § 7; 1996 c 93 § 3; 1996 c 87 § 21; 1996 c 31 § 3; prior: 1995 1st sp.s. c 16 § 1; 1995 c 332 § 16; 1995 c 256 § 25; prior. 1994 c 275 § 33; 1994 c 141 § 2; 1993 c 501 § 8; 1992 c 32 § 4; 1991 c 339 § 27; prior. 1990 c 250 § 59; 1990 c 95 § 3; prior. 1989 c 353 § 8; 1989 c 178 § 27; 1989 c 111 § 20; prior. 1987 c 388 § 11; 1987 c 247 § 6; 1987 c 244 § 55; 1987 c 181 § 2; 1986 c 186 § 3; prior. 1985 c 377 § 28; 1985 c 353 § 2; 1985 c 302 § 7; 1983 c 164 § 6; 1982 c 10 § 12; prior: 1981 c 318 § 2; 1981 c 19 § 1; 1980 c 148 § 7; 1979 ex.s. c 136 § 2.) Reviser's note: Ibis section was amended by 1997 c 6618 and by 1997 c 229 1 13. each without reference to the other. Bah amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction. sot RCW 1.12.025(1). Effective date -1997 c 229: See nae following RCW 10.05.090. Effective date -19951st sps. c 16: 'This act shall take effect September I. 1995.' [1995 1st sps. c 16 § 2.1 Severability—Effective dates -1995 a 332: See notes following RCW 4620.308. Short title— Waive date -1994 c 275: See notes following RCW 46.04.015. Effective date. -1994 a 141: See note following RCW 46.61527. Severability -1990 c 250: See note following RCW 46.16.301. Severability—Wadve date -1989 a 353: See RCW 4630.900 and 46.30.901. Severability --Effective dates -1989 c 178: See RCW 46.25.900 and 46.25.901. Severability -1987 c 388: See note following RCW 4620342. Effective dates -1987 c 244: See note following RCW 46.12.020. Severability—Effective date -1985 c 377: See RCW 4655.900 and 46.55.902. Severability -1982 a 10: See note following RCW 6.13.080. Severability -1981 c 19: 'if any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.' 11981 a 19 17,1 Effective date -1980 c 148: See nae following RCW 46.10.090. Effective date—Severability-1979 exs. a 136: Sea notes following RCW 46.63.010. Allowing unauthorized persons to drive. RCW 46.20.344. RCW 46.63.030 Notice of traffic infraction— Issuance—Abandoned vehicles. (1) A law enforcement officer has the authority to issue a notice of traffic infraction: (a) When the infraction is committed in the officer's presence; (b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed; or (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction. (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed. 46.63.020 (3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other informa- tion displayed on the vehicle which may identify its Luer, and shall conspicuously affix to the vehicle a notice of traffic infraction. (4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle. The officer shall append to the notice of infraction, on a form prescribed by the depart- ment of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the mone- tary ono-tary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle. [1995 c 219 § 5; 1994 c 176 § 3; 1987 c 66 § 2; 1980 c 128 § 10; 1979 ex.s. c 136 § 3.] Effective date—Severability-1980 c 128: See notes following RCW 46.63.060. Effective date—Severability-1979 ex& c 136: See notes following RCW 46.63.010. [1451 RCW 46.63.040 Jurisdiction of courts—Jurisdiction of college and university governing bodies. (1) All viola- tions of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section. (2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter. (3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court (4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter. (5) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10560. [1984 c 258 § 137; 1983 c 221 § 2, 1979 ex.s. c 136 § 6.] Court Improvement Ad of 1984—Effective dates—Severability— Short dde-1984 c 258: See notes following RCW 3.30.010. Application -1984 c 258 ff 101-139: See note following RCW 350.005. Effective date—Severab1lit3-1979 exs. c 136: See nota following RCW 46.63.010. RCW 46.63.060 Notice of traffic infraction— Deterntination final unless contested—Form. (1) A notice of traffic infraction represents a determination that an STATUTES ADOPTED BY REFERENCE 46.63.060 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A statement that the notice represents a determina- tion that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter, (b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license; (c) A statement of the specific traffic infraction for which the notice was issued; (d) A statement of the monetary penalty established for the traffic infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction; (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; (h) A statement that the person must respond to the notice as provided in this chapter within fifteen days or the person's driver's license or driving privilege will be suspend- ed by the department until any penalties imposed pursuant to this chapter have been satisfied; (i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied; Q) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter. [1993 c 501 § 9; 1984 C 224 § 2; 1982 1st ex.s. c 14 § 2; 1980 c 128 § 1; 1979 ex.s. c 136 § 8.] Severability—Effective date -1984 c 224: See notes following RCW 46.16216. Effective date -1982 1st exs. c 14: 'This act shall take effect on July 1, 1984, and shall apply to violations of traffic laws committed on or after July r, 1994.' [1982 1st exs. c 14 § 7.1 Severability -19821st exs. c 14: 'If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.' [1982 1st exs. c 14 § 6.] Effective date -1980 c 128: 'Sections 1 through 8 and 10 through 16 of this act shall take effect on January 1, 1981, and shall apply to [146] violations of the traffic laws committed on or after January 1, 1981. Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect inunedtacely.' 11980 c 128 § is.] Severability -1980 c 128: 'If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.' [1980 c 128 § 17.1 Effective date--Severability-1979 cLL c 136: See notes following RCW 46.63.010. RCW 46.63.070 Response to notice—Contesting determination—Hearing—Failure to respond or appear. (1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270. (3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement. (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. (5) If any person issued a notice of traffic infraction: (a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or (b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section; the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing. (1993 c 501 § 10; 1984 c 224 § 3; 1982 1st ex.s. c 14 § 3; 1980 c 128 § 2; 1979 ex.s. c 136 § 9.] Severability—Effective date -1984 c 224: See notes following RCW 46.16216. STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Effective date--Severability-1982 Ist ex.s. c 14: See notes following RCW 46.63.060. Effective date--Severability-1980 c 128: See notes following RCW 46.63.060. Effective date--Severability-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.63.080 Hearings—Rules of procedure— Counsel. (1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the supreme court (2) Any person subject to proceedings under this chapter may be represented by counsel. (3) The attorney representing the state, county, city, or town may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary. [1981 c 19 § 2; 1979 ex.s. c 136 § 10.] Severability -1981 c 19: See Dote following RCW 46.63.020. Effective date—SeverabiTity-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.63.090 Hearings—Contesting determina- tion that infraction committed—Appeal. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) The court may consider the notice of traffic in- fraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. (3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence. (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended. (5) An appeal from the court's determination or order shall be to the superior court The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. [1980 c 128 § 3; 1979 ex.s. c 136 § 11.] Effective date -Severability -1980 c 128: See notes following RCW 46.63.060. Effective data-Seversbility--1979 exs. c 136: See nota following RCW 46.63.010. RCW 46.63.100 Hearings—Explanation of miti- gating circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena wit - 1 11471 46.63.070 nesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. (2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended. (3) There may be no appeal from the court's determi- nation or order. [1979 ex.s. c 136 § 12.] Effective date--Severability-1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.63.110 Monetary penalties. (EQ`edive until January 1, 1998.) (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title. (2) The supreme court shall prescribe by rile a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penal- ties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation. (3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body. (4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter. (5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid. [1993 c 501 § 11; 1986 c 213 § 2; 1984 c 258 § 330. Prior: 1982 1st ex.s. c 14 § 4; 1982 1st ex.s. c 12 § 1; 1982 c 10 § 13; prior: 1981 c 330 § 7; 1981 c 19 § 6; 1980 c 128 § 4; 1979 ex.s. c 136 § 13.] Rales of court: Monetary penalty schedule—MR 6.2. Court Improvement Ad of 1984—EffeeWe dates--Severabllily— Short title -1984 c 258: See nota following RCW 330.010. STATUTES ADOPTED BY REFERENCE 46.63.110 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE Intent -1984 c 258: See note following RCW 3.46.120. Effective date—Severability-1982 1st exs. c 14: See notes following RCW 46.63.060. Severability -1982 a 10: See note following RCAF 6.13.080. Severability -1981 c 330: See note following RCW 3.62.060. Severability -1981 c 19: See note following RCW 46.63.020. Effective data -Severability -1980 c 128: See nota following RCW 46.63.060. Effective daft—Severability-1979 exs. c 136: See nota following RCW 46.63.010. RCW 46.63.110 Monetary penalties. (Effective January 1,199&) (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title. (2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penal- ties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation. (3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body. (4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter. (5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid. (6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a fee of five dollars per infrac- tion. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. [1997 c 331 § 3; 1993 c 501 § 11; 1986 c 213 § 2; 1984 c 258 § 330. Prior. 1982 1st ex.s. c 14 § 4; 1982 1st ex.s. c 12 § 1; 1982 c 10 § 13; prior: 1981 c 330 § 7; 1981 c 19 § 6; 1980 c 128 § 4; 1979 ex.s. c 136 § 13.] Ruks of court: Monetary penalty schedule JTIR 6.2. Effective date -1997 c 331: See note following RCW 70.168.135. Court Improvement Act of 1984—Eftedive dates--Severability— Short thle-1984 a 258: See notes following RCW 3.30.010. 11481 Intent -1984 a 258: See note following RCW 3.46.120. Effective date—Severability-1982 1st ex.s. c 14: See notes following RCW 46.63.060. Severability -1982 a 10: See note following RCW 6.13.080. Severability -1981 c 330: See note following RCW 3.62.060. Severability -1981 c 19: See nae following RCW 46.63.020. Effective date--Severability-1980 c 128: See nota following RCW 46.63.060. Effective date—,Severability-1979 exs. c 136: See nota following RCW 46.63.010. RCW 46.63.120 Order of court—Civil nature— Waiver, reduction, suspension of penalty—Community service. (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour. [1979 ex.s. c 136 § 14.] Efedive date Severability -1979 exs. c 136: See notes following RCW 46.63.010. RCW 46.63.130 Issue of process by court of limited jurisdiction. Notwithstanding any other provisions of law governing service of process in civil cases, a court of limited jurisdiction having jurisdiction over an alleged traffic infraction may issue process anywhere within the state. [1980 c 128 § 5.] Effective date--Severability-1980 c 128: See notes following RCW 46.63.060. RCW 46.63.140 Presumption regarding stopped, standing, or parked vehicles. (1) In any traffic infraction case involving a violation of this title or equivalent admin- istrative regulation or local law, ordinance, regulation, or resolution relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of traffic infraction was stopping, standing, or parking in violation of any such provision of this title or an equiva- lent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE or placed the vehicle at the point where, and for the time during which, the violation occurred. (2) The foregoing stated presumption shall apply only when the procedure prescribed in RCW 46.63.030(3) has been followed. [1980 c 128 § 11.] Effective dat"evembility-1980 c 128: See notes following RCW 46.63.060. RCW 46.63.151 Costs and attorney fees. Each party to a traffic infraction case is responsible for costs incurred by that party. No costs or attorney fees may be awarded to either parry in a traffic infraction case, except as provided for in RCW 46.30.020(2). [1991 sp.s. c 25 § 3; 1981 c 19 § 4.] Severability -1981 a 19: See note following RCW 46.63.010. RCW 46.64.010 Traffic citations—Record of— Cancellation prohibited—Penalty—Citation audit Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which shall be issued in books with citations in quadrupli- cate and meeting the requirements of this section. The chief administrative officer of every such traffic en- forcement agency shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued. Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau. Upon the deposit of the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, said original or copy of such traffic citation may be disposed of only by trial in said court or other official action by a judge of said court, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine to said traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer. It shall be unlawful and official misconduct for any traffic enforcement officer or other officer or public em- ployee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required herein. The chief administrative officer of every traffic en- forcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator. Such chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of the disposition of the charge by the court or its traffic [1491 46.63.140 violations bureau in which the original or copy of the traffic citation was deposited. Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this section, shall be guilty of a misdemeanor. Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer of the government agency to which the traffic enforcement agency is responsible. [1961 c 12 § 46.64.010. Prior. 1949 c 196 § 16; 1937 c 189 § 145; Rem. Supp. 1949 § 6360- 145.1 RCW 46.64.015 Citation and notice to appear in court—Issuance--Contents—Written promise—Arrest— Detention. romise—ArrestDetention. Whenever any person is arrested for any violation of the traffic laws or regulations which is punish- able as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of RCW 46.64.010, and in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense or violation charged, the time and place where such person shall appear in court, and a place where the person arrested may sign. Such spaces shall be filled with the appropriate information by the arresting officer. The arrested person, in order to secure release, and when permit- ted by the arresting officer, must give his or her written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer, and if the arrested person is a nonresident of the state, shall also post a bond, cash security, or bail as required under RCW 46.64.035. An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in his or her presence or when a person may be arrested pursuant to RCW 10.31.100, as now or hereafter amended. The detention arising from an arrest under this section may not be for a period of time longer than is reasonably necessary to issue and serve a citation and notice, except that the time limitation does not apply under any of the following circumstances: (1) Where the arrested person refuses to sign a written promise to appear in court as required by the citation and notice provisions of this section; (2) Where the arresting officer has probable cause to believe that the arrested person has committed any of the offenses enumerated in RCW 10.31.100(3), as now or hereafter amended; (3) When the arrested person is a nonresident and is being detained for a hearing under RCW 46.64.035. [1987 c 345 § 2; 1985 c 303 § 11; 1979 ex.s. c 28 § 2; 1975276 2nd exs. c 95 § 2; 1975 c 56 § 1; 1967 c 32 § 70; 1961 c 12 § 46.64.015. Prior. 1951 c 175 § 1.] RCW 46.64.025 Nonappearance after written promise—Notice to department Whenever any person has for a period of fifteen or more days violated his written promise to appear in court, the court in which the defendant STATUTES ADOPTED BY REFERENCE 46.64.025 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE so promised to appear shall forthwith give notice of such fact to the department of licensing. Whenever thereafter the case in which such promise was given is adjudicated the court hearing the case shall file with the department a certificate showing that the case has been adjudicated. [1979 c 158 § 175; 1967 c 32 § 71; 1965 ex.s. c 121 § 23.] Severability -1965 ars. c 121: See RCW 4620.910. Aapose- nshvction-1965 els c 121: See note following RCW 4620.021. RCW 46.64.030 Procedure governing arrest and prosecution. The provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern all police officers in making arrests without a warrant for violations of this title for offenses either committed in their presence or believed to have been committed based on probable cause pursuant to RCW 10.31.100, but the proce- dure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for other like offenses. [1979 ex.s. c 28 § 3; 1975 c 56 § 2; 1967 c 32 § 72; 1961 c 12 § 46.64.030. Prior. 1937 c 189 § 147; RRS § 6360-147.1 RCW 46.64.035 Posting of security or bail by nonresident—Penalty. Any nonresident of the state of Washington who is issued a notice of infraction or a citation for a traffic offense may be required to post either a bond or cash security in the amount of the infraction penalty or to post bail. The court shall by January 1, 1990, accept, in lieu of bond or cash security, valid major credit cards issued by a bank or other financial institution or automobile club card guaranteed by an insurance company licensed to conduct business in the state. If payment is made by credit card the court is authorized to impose, in addition to any penalty or fine, an amount equal to the charge to the court for accept- ing such cards. If the person cannot post the bond, cash security, or bail, he or she shall be taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply with this section, he or she shall be guilty of a misdemeanor. This section does not apply to residents of states that have entered into a reciprocal agreement as outlined in RCW 4623.020. [1987 c 345 § 3.1 RCW 46.64.048 Attempting, aiding, abetting, coercing, committing violations, punishable. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a traffic infraction or a crime, whether individually or in connection with one or more other persons or as principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or willfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense. [1990 c 250 § 60; 1961 c 12 § 4656.210. Prior. 1937 c 189 § 149; RRS § 6360-149. Formerly RCW 46.61.695.] Severability -1990 c 250: See note following RCW 46.16301 [1501 RCW 46.64.050 General penalty. It is a traffic infraction for any person to violate any of the provisions of this title unless violation is by this title or other law of this state declared to be a felony, a gross misdemeanor, or a misdemeanor. Unless another penalty is in this title provided, every person convicted of a misdemeanor for violation of any provisions of this title shall be punished accordingly. [1979 ex.s. c 136 § 93; 1975276 2nd ex.s. c 95 § 3; 1961 c 12 § 46.64.050. Prior. (i) 1937 c 189 § 150; RRS § 6360-150; 1927 c 309 § 53; RRS § 6362-53. (ii) 1937 c 188 § 82; RRS § 6312-82; 1921 c 108 § 16; RRS § 6378.1 Effective data -Severability -1979 ars. c 136: See nota following RCW 46.63.010. RCW 46.79.010 Definitions. The definitions set forth in this section apply throughout this chapter unless the con- text indicates otherwise. (1) "Junk vehicle" means a motor vehicle certified under RCW 4655.230 as meeting all the following requirements: (a) Is three years old or older, (b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission; (c) Is apparently inoperable; (d) Is without a valid, current registration plate; (e) Has a fair market value equal only to the value of the scrap in it. (2) "Scrap processor" means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage. (3) "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder. (4) "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed *motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell second-hand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed *motor vehicle wrecker or disposed of at a public facility for waste disposal. (5) "Director" means the director of licensing. (6) "Major component parts" include engines and short blocks, frames, transmissions or transfer cases, cabs, doors, front or rear differentials, front or rear clips, quarter panels or fenders, bumpers, truck beds or boxes, seats, and hoods. [1990 c 250 § 69; 1983 c 142 § 2; 1979 c 158 § 190; 1971 ex.s. c 110 § 1.] *Reviser's note: "Motor vehicle wrecker" redesignated "vehicle wrecker" by 1995 c 256. Severability -1990 c 250: See note following RCW 46.16.301. RCW 46.79.120 Unlicensed hulk hauling or scrap processing—Penalty. Any hulk hauler or scrap processor who engages in the business of hulk hauling or scrap processing without holding a current license issued by the department for authorization to do so, or, holding such a license, exceeds the authority granted by that license, is guilty of a gross misdemeanor. [1983 c 142 § 8.1 RCW 46.80.010 Definitions. The definitions set forth in this section apply throughout this chapter. (1) "Vehicle wrecker" means every person, firm, partnership, association, or corporation engaged in the business of buying, selling, or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling, or sub- stantially changing the form of a vehicle, or who buys or sells integral second-hand parts of component material thereof, in whole or in part, or who deals in second-hand vehicle parts. (2) 'Established place of business" means a building or enclosure which the vehicle wrecker occupies either continu- ously or at regular periods and where his books and records are kept and business is transacted and which must conform with zoning regulations. (3) "Major component part" includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; 0) seat; (k) hood; (1) bumper; (m) fender; and (n) airbag. The director may supplement this list by rule. (4) "Wrecked vehicle" means a vehicle which is disassembled or dismantled or a vehicle which is acquired with the intent to dismantle or disassemble and never again to operate as a vehicle, or a vehicle which has sustained such damage that its cost to repair exceeds the fair market value of a like vehicle which has not sustained such damage, or a damaged vehicle whose salvage value plus cost to repair equals or exceeds its fair market value, if repaired, or a vehicle which has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state for which the salvage value plus cost to repair exceeds its fair market value, if repaired; further, it is presumed that a vehicle is a wreck if it has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state. [1995 c 256 § 4; 1977 ex.s. c 253 § 2; 1961 c 12 § 46.80.010. Prior: 1947 c 262 § 1; Rem. Supp. 1947 § 8326-40.] Severability -1977 ex-& c 253: See nae following RCW 46.80.005. RCW 46.80.060 License plates—Fee--Display. The vehicle wrecker shall obtain a special set of license plates in addition to the regular licenses and plates required for the operation of such vehicles. The special plates must be displayed on vehicles owned and/or operated by the wrecker and used in the conduct of the business. The fee for these plates shall be five dollars for the original plates and two dollars for each additional set of plates bearing the same license number. A wrecker with more than one licensed location in the state may use special plates bearing the same license number for vehicles operated out of any of the licensed locations. [1995 c 256 § 8; 1961 c 12 § 46.80.060. Prior: 1957 c 273 § 21; 1947 c 262 § 6; Rem. Supp. 1947 § 8326-45.1 [151] RCW 47.36.005 Definitions. The definitions set forth in this section apply throughout this chapter. (1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. (2) "Interstate system" means a state highway that is or becomes part of the national system of interstate and defense highways as described in section 103(d) of title 23, United States Code. (3) "Maintain" means to allow to exist. (4) "Primary system" means a state highway that is or becomes part of the federal -aid primary system as described in section 103(b) of title 23, United States Code. (5) "Scenic system" means (a) a state highway within a public park, federal forest area, public beach, public recre- ation area, or national monument, (b) a state highway or portion of a highway outside the boundaries of an incorpo- rated city or town designated by the legislature as a part of the scenic system, or (c) a state highway or portion of a highway outside the boundaries of an incorporated city or town designated by the legislature as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025. (6) "Specific information panel" means a panel, rect- angular in shape, located in the same manner as other official traffic signs readable from the main traveled ways, and consisting of: (a) The words "GAS," "FOOD," or "LODGING" and directional information; and (b) One or more individual business signs mounted on the panel. (7) 'Business sign" means a separately attached sign mounted on the specific information panel or roadside area information panel to show the brand or trademark and name, or both, of the motorist service available on the crossroad at or near the interchange. Nationally, regionally, or locally known commercial symbols or trademarks for service stations, restaurants, and motels shall be used when applica- ble. The brand or trademark identification symbol used on the business sign shall be reproduced with the colors and general shape consistent with customary use. Messages, trademarks, or brand symbols that interfere with, imitate, or resemble an official warning or regulatory traffic sign, signal, or device are prohibited. (8) 'Roadside arra information panel or display" means a panel or display located so as not to be readable from the main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with information in the specific interest of the traveling public. (9) "Tourist -oriented directional sign" means a sign on a specific information panel on the state highway system to provide directional information to a qualified tourist -oriented business, service, or activity. (10) "Qualified tourist -oriented business" means a lawful cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity. STATUTES ADOPTED BY REFERENCE 4736.005 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (11) "Adopt -a -highway sign" means a sign on a state highway right of way referring to the departments' adopt -a - highway litter control program. [1991 c 94 § 3.1 RCW 47.36.060 Traffic devices on county roads and city streets. Local authorities in their respective jurisdictions shall place and maintain such traffic devices upon public highways under their jurisdiction as are neces- sary to cant' out the provisions of the law or local traffic ordinances or to regulate, warn, or guide traffic. Cities and towns, which as used in this section mean cities and towns having a population of over fifteen thousand according to the latest federal census, shall adequately equip with traffic devices, streets that are designated as forming a part of the route of a primary or secondary state highway and streets which constitute connecting roads and secondary state highways to such cities and towns. The traffic devices, signs, signals, and markers shall comply with the uniform state standard for the manufacture, display, direction, and location thereof as designated by the department. The design, location, erection, and operation of traffic devices and traffic control signals upon such city or town streets constituting either the route of a primary or secondary state highway to the city or town or connecting streets to the primary or secondary state highways through the city or town shall be under the direction of the department, and if the city or town fails to comply with any such directions, the department shall provide for the design, location, erection, or operation thereof, and any cost incurred therefor shall be charged to and paid from any funds in the motor vehicle fund of the state that have accrued or may accrue to the credit of the city or town, and the state treasurer shall issue wan -ants therefor upon vouchers submitted and approved by the department. (1984 c 7 § 192; 1%1 c 13 § 47.36.060. Prior. 1955 c 179 § 4; 1939 c 81 § 1; 1937 c 53 § 52; RRS § 6400-52.) Severability -1984 a 7: See note following RCW 47.01.141 RCW 47.36.110 Stop signs, "Yield" signs—Duties of persons using highway. In order to provide safety at intersections on the state highway system, the department may require persons traveling upon any portion of such highway to stop before entering the intersection. For this purpose there may be erected a standard stop sign as prescribed in the state department of transportation's "Manual on Uniform Traffic Control Devices for Streets and Highways." All persons traveling upon the highway shall come to a complete stop at such a sign, and the appearance of any sign so located is sufficient warning to a person that he is required to stop. A person stopping at such a sign shall proceed through that portion of the highway in a careful manner and at a reasonable rate of speed not to exceed twenty miles per hour. It is unlawful to fail to comply with the directions of any such stop sign. When the findings of a traffic engineering study show that the condi- tion of an intersection is such that vehicles may safely enter the major artery without stopping, the department or local authorities in their respective jurisdictions shall install and maintain a "Yield" sign. [1984 c 7 § 199; 1963 ex.s. c 3 § 11521 49; 1961 c 13 § 47.36.110. Prior. 1955 c 146 § 6; 1937 c 53 § 59; RRS § 6400-59.] Severability -1984 a 7: See note following RCW 47.01.141. Arterial highways designated—Stopping an entering: RCW 46.61.195. RCW 47.36.180 Forbidden devices—Penalty. It is unlawful to erect or maintain at or near a city street, county road, or state highway any structure, sign, or device: (1) Visible from a city street, county road, or state highway and simulating any directional, warning, or danger sign or light likely to be mistaken for such a sign or bearing any such words as "danger," "stop," "slow," "turn," or similar words, figures, or directions likely to be construed as giving warning to traffic; (2) Visible from a city street, county road, or state highway and displaying any red, green, blue, or yellow light or intermittent or blinking light or rotating light identical or similar in size, shape, and color to that used on any emer- gency vehicle or road equipment or any light otherwise likely to be mistaken for a warning, danger, directional, or traffic control signal or sign; (3) Visible from a city street, county road, or state highway and displaying any lights tending to blind persons operating vehicles upon the highway, city street, or county road, or any glaring light, or any light likely to be mistaken for a vehicle upon the highway or otherwise to be so mistaken as to constitute a danger, or (4) Visible from a city street, county road, or state highway and flooding or intending to flood or directed across the roadway of the highway with a directed beam or diffused light, whether or not the flood light is shielded against directing its flood beam toward approaching traffic on the highway, city street, or county road. Any structure or device erected or maintained contrary to the provisions of this section is a public nuisance, and the department, the chief of the Washington state patrol, the county sheriff, or the chief of police of any city or town shall notify the owner thereof that it constitutes a public nuisance and must be removed, and if the owner fails to do so, the department, the chief of the Washington state patrol, the county sheriff, or the chief of police of any city or town may abate the nuisance. If the owner fails to remove any such structure or device within fifteen days after being notified to remove the structure or device, he is guilty of a misdemeanor. [1984 c 7 § 201; 1961 c 13 § 47.36.180. Prior. 1957 c 204 § 1; 1937 c 53 § 62; RRS § 6400-62.1 Severability -1984 c 7: See note following RCW 47.01.141. RCW 4736.200 Signs or flagmen at thoroughfare work sites. When construction, repair, or maintenance work is conducted on or adjacent to a public highway, county road, street, bridge, or other thoroughfare commonly traveled and when the work interferes with the normal and estab- lished mode of travel on the highway, county road, street, bridge, or thoroughfare, the Iocation shall be properly posted by prominently displayed signs or flagmen or both. Signs used for posting in such an area shall be consistent with the provisions found in the state of Washington "Manual on Uniform Traffic Control Devices for Streets and Highways" STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE obtainable from the department of transportation. [1984 c 7 § 202; 1961 c 13 § 47.36.200. Prior: 1957 c 95 § 1.1 Severability -1984 c 7: See note following RCW 47.01.141. RCW 47.36.210 Signs or flagmen at thoroughfare work sites—Compliance enjoined. Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply with RCW 47.36.200 through 47.36.230. [1961 c 13 § 47.36.210. Prior. 1957 c 95 § 2.] RCW 47.36.220 Signs or flagmen at thoroughfare work sites—Drivers of vehicles engaged in work must obey signs or flagmen. Each driver of a motor vehicle used in connection with such construction, repair, or maintenance work shall obey traffic signs posted for, and flagman stationed at such location in the same manner and under the same restrictions as is required for the driver of any other vehicle. [1961 c 13 § 47.36.220. Prior. 1957 c 95 § 3.] RCW 47.36.230 Signs or flagmen at thoroughfare work sites—Penalty. A violation of or a failure to comply with any provision of RCW 47.36.200 through 47.36.220 shall be a misdemeanor. Each day upon which there is a violation, or there is a failure to comply, shall constitute a separate violation. [1961 c 13 § 47.36.230. Prior. 1957 c 95§4.] RCW 4752.010 "Limited access facility" defined. For the purposes of this chapter, a 'limited access facility" is defined as a highway or street especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons, have no right or easement, or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accomplish the purpose of a limited access facility. Such highways or streets may be parkways, from which vehicles forming part of an urban public transportation system, trucks, buses, or other commercial vehicles may be excluded; or they may be freeways open to use by all customary forms of street and highway traffic, including vehicles forming a part of an urban public transportation system. [1967 c 108 § 10; 1961 c 13 § 4752.010. Prior. 1951 c 167 § 2; 1947 c 202 § 1; Rem. Supp. 1947 § 6402- 60.] Urban public avasportadon system defined: RCW 47.04.082. RCW 4752.011 "Existing highway" defined. For the purposes of this chapter, the term "existing highway" shall include all highways, roads and streets duly established, constructed, and in use. It shall not include new highways, roads or streets, or relocated highways, roads or streets, or portions of existing highways, roads or streets which are relocated. [1961 c 13 § 47.52.011. Prior. 1951 c 167 § 3.1 RCW 47.52.040 Design—Ingress and egress re- stricted—Closure of intersecting roads. The highway authorities of the state, counties and incorporated cities and towns may so design any limited access facility and so 4736.200 regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended; and the determi- nation of design by such authority shall be conclusive and final. In this connection such highway authorities may divide and separate any limited access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating such separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from, or across limited access facilities to or from abutting lands, except at designated points at which access may be permitted by the highway authorities upon such terms and conditions as may be specified from time to time: PROVIDED, That any inter- secting streets, roads or highways, not made a part of such facility, shall be deemed closed at the right of way line by the designation and construction of said facility and without the consent of any other parry or the necessity of any other legal proceeding for such closing, notwithstanding any laws to the contrary. [1961 c 13 § 4752.040. Prior: 1955 c 75 § 1; 1947 c 202 § 3; Rem. Supp. 1947 § 6402-62.] RCW 47.52.110 Marking of facility with signs. After the opening of any new and additional limited access highway facility, or after the designation and establishment of any existing street or highway, as included the particular highways and streets or those portions thereof designated and established, shall be physically marked and indicated as follows: By the erection and maintenance of such signs as in the opinion of the respective authorities may be deemed proper, indicating to drivers of vehicles that they are entering a limited access area and that they are leaving a limited access area. [1961 c 13 § 47.52.110. Prior. 1947 c 202 § 10; Rem. Supp. 1947 § 6402-69.] [1531 RCW 4752.120 Violations speed—Exceptions— Penalty. After the opening of any limited access highway facility, it shall be unlawful for any person (1) to drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities; (2) to make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line; (3) to drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; (4) to drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, dividing section, or dividing line which separates such service road from the limited access facility proper, (5) to stop or park any vehicle or equipment within the right of way of such facility, including the shoulders thereof, except at points specially provided therefor, and to make only such use of such specially provided stopping or parking points as is permitted by the designation thereof: PROVIDED, That this subsection shall not apply to autho- rized emergency vehicles, law enforcement vehicles, assis- tance vans, or to vehicles stopped for emergency causes or equipment failures; (6) to travel to or from such facility at STATUTES ADOPTED BY REFERENCE 4752.120 IN THE WASHINGTON MODEL TRAFFIC ORDINANCE any point other than a point designated by the establishing authority as an approach to the facility or to use an approach to such facility for any use in excess of that specified by the establishing authority. For the purposes of this section, an assistance van is a vehicle rendering aid free of charge to vehicles with equipment or fuel problems. The state patrol shall establish by rule additional standards and operating procedures, as needed, for assistance vans. Any person who violates any of the provisions of this section is guilty of a misdemeanor and upon arrest and conviction therefor shall be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the city or county jail for not less than five days nor more than ninety days, or by both fine and impris- onment. Nothing contained in this section prevents the highway authority from proceeding to enforce the prohibi- tions or limitations of access to such facilities by injunction or as otherwise provided by law. [1987 c 330 § 748; 1985 c 149 § 1; 1%1 c 13 § 47.52.120. Prior. 1959 c 167 § l: 1947 c 202 § 11; Rem. Supp. 1947 § 6402-70.] Construction—Application of rules—Severability-1987 c 330: See notes following RCW 286.12.050. RCW 66.44.240 Drinking in public conveyance— Penalty against carrier—Exception. Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This section does not apply to a public conveyance that is commercially chartered for group use or a for -hire vehicle licensed under city, county, or state law. [1983 c 165 § 29; 1909 c 249 § 442; RRS § 2694.] Legislative finding, intent—Effective dates--Severability-1983 c 165: See rates following RCW 46.20308. Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519. RCW 66.44.250 Drinking in public conveyance— Penalty against individual—Restricted application. Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public convey- ance that is commercially chartered for group use and with respect to a for -hire vehicle licensed under city, county, or state law, this section applies only to the driver of the vehicle. 11983 c 165 § 30; 1909 c 249 § 441; RRS § 2693.] Legislative finding, intent—Effective dates—Severability-1983 c 165: See notes following RCW 46.20308. Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519. RCW 70.84.020 "Dog guide" defined. For the purpose of this chapter, the term "dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired per- sons. [1997 c 271 § 18; 1980 c 109 § 2; 1969 c I41 § 2.1 [1541 RCW 70.84.021 "Service animal" defined. For the purpose of this chapter, "service animal" means an animal that is trained for the purposes of assisting or accommo- dating a disabled person's sensory, mental, or physical disability. [1997 c 271 § 19; 1985 c 90 § 1.] RCW 70.84.040 Precautions for drivers of motor vehicles approaching pedestrian who is using a white cane, dog guide, or service animal The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip), a totally or partially blind or hearing impaired pedestrian using a dog guide, or an otherwise physically disabled person using a service animal shall take all necessary precautions to avoid injury to such pedestrian. Any driver who fails to take such precaution shall be liable in damages for any injury caused such pedestrian. It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while there is on such crosswalk, such pedestrian, crossing or attempting to cross the roadway, if such pedestrian is using a white cane, using a dog guide, or using a service anima[. The failure of any such pedestrian so to signal shall not deprive him of the right of way accorded him by other laws. [1997 c 271 § 20; 1985 c 90 § 3; 1980 c 109 § 4; 1971 ex.s. c 77 § 1; 1969 c 141 § 4.] RCW 70.93.030 Definitions. As used in this chapter unless the context indicates otherwise: (1) "Department" means the department of ecology; (2) "Director" means the director of the department of ecology; (3) "Disposable package or container" means all packages or containers defined as such by rules and regu- lations adopted by the department of ecology; (4) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing; (5) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity; (6) "Litter receptacle" means those containers adopted by the department of ecology and which may be standard- ized as to size, shape, capacity, and color and which shall bear the state anti -litter symbol, as well as any other re- ceptacles suitable for the depositing of litter; (7) "Person" means any political subdivision, govern- ment agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever, (8) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration; (9) "Recycling center' means a central collection point for recyclable materials; (10) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any STATUTES ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks; (11) "Watercraft" means any boat, ship, vessel, barge, or other floating craft; (12) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests. [1991 c 319 § 102; 1979 c 94 § 3; 1971 ex.s. c 307 § 3.1 Severability—Part headings not law -1991 c 319: See RCW 70.95F.900 and 70.95F.901. RCW 70.93.050 Enforcement of chapter. The director shall designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter and all rules and regulations adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and person- nel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state patrol officers, wildlife agents, fire wardens, deputy fire wardens and forest rangers, sheriffs and marshals and their deputies, and police officers, and those employees of the department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules and regulations adopted thereunder and are hereby empowered to issue citations to and/or arrest without warrant, persons violating any provision of this chapter or any of the rules and regulations adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this chapter and rules and regula- tions adopted hereunder. In addition, mailing by registered mail of such warrant, citation, or other process to his last known place of residence shall be deemed as personal service upon the person charged. [1980 c 78 § 132; 1979 c 94 § 4; 1971 ex.s. c 307 § 5.] Effective date—Intent, construction—Savings. S emb!Hty-1980 c 78: See notes following RCW 77.04.010. RCW 7053.060 Littering prohibited—Penalties. (1) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except: (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose; (b) Into a litter receptacle in a manner that will prevent Utter from being carried away or deposited by the elements upon any part of said private or public property or waters. (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 70.93.030 7.80.120 for a person to litter in an amount less than or equal to one cubic foot. (b) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 43.51.048(2). (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire. [1997 c 159 § 1; 1996 c 263 § 1; 1993 c 292 § 1; 1983 c 277 § 1; 1979 ex.s. c 39 § 1; 1971 ex.s. c 307 § 6.] [1551 RCW 70.93.097 Transported waste must be covered or secured. (1) By January 1, 1994, each county or city with a staffed transfer station or landfill in its jurisdiction shall adopt an ordinance to reduce litter from vehicles. The ordinance shall require the operator of a vehicle transporting solid waste to a staffed transfer station or landfill to secure or cover the vehicle's waste in a manner that will prevent spillage. The ordinance may provide exemptions for vehicle operators transporting waste that is unlikely to spill from a vehicle. The ordinance shall, in the absence of an exemption, require a fee, in addition to other landfill charges, for a person arriving at a staffed landfill or transfer station without a cover on the vehicle's waste or without the waste secured. (2) The fee collected under subsection (1) of this section shall be deposited, no less often than quarterly, with the city or county in which the landfill or transfer station is located. (3) A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not be required to secure or cover a load pursuant to ordinances adopted under this section. [1993 c 399 § 1.] Chapter 446-50 WAC TRANSPORTATION OF HAZARDOUS MATERIALS WAC SECTIONS ADOPTED BY REFERENCE IN THE WASHINGTON MODEL TRAFFIC ORDINANCE WAC 44650.010 Authority. 44650-020 Purpose. 44650-030 Definitions. 44650-050 Inspection. 44650-060 Inspection forms. 44650-070 Intrastate quarterly inspection. 44650-080 Transportation requirements. DISPOSITION OF SEMONS FORMERLY CODIFIIA IN THIS CHAPTER 44650-040 Procedure upon entering the state. [Statutory Authority: RCW 46.48.190. 80-01409 (Order 794), 4 44650-040, filed 12/11n9.1 Repealed by 94-01-180, filed 12/M3, effective 1/12/94. Statutory Authority: RCW 46.48.190. WAC 446-50-010 Authority. Chapter 46.48 RCW authorizes the Washington state patrol acting by and through its chief after conferring with the committee created by RCW 46.48.190 to adopt regulations concerning the safe transportation of hazardous materials, hazardous waste, and radioactive waste materials upon the public highways of this state. Chapter 46.32 RCW permits the inspection of vehicles traveling on the highways of this state. [Statutory Authority: RCW 46.48.190. 81-03-008 (Order 80-2), § 44650- 010, filed l/8/8l; 80-01-009 (order 79-4), 4 446.50-010, Wed 12/11n9.1 WAC 446-50-020 Purpose. These rules are intended to protect persons and property from unreasonable risk of harm or damage due to incidents or accidents resulting from the transportation of hazardous materials and hazardous waste and to insure that the vehicle equipment of all carriers of radioactive waste materials are inspected by the Washing- ton state patrol. [Statutory Authority: RCW 46.48.190. 81.03-008 (Order 80-2). § 44650- 020, filed 1/8181; 80.01409 (order 79.4). $ 44650-020. filed 12/11n9.] WAC 446-50-030 Definitions. (1) Port of entry - means any place where members of the Washington state patrol or any state official are stationed to check the move- ment of vehicles into the state of Washington. (2) Certification inspection - means an inspection form furnished by the chief of the Washington state patrol for the purpose of defining the proper items of equipment to be inspected. (3) Radioactive waste materials - means any material or combination of materials as provided for in Title 49, Code of Federal Regulations, Part 172.101 Hazardous Materials Table. (4) Hazardous material carrier - means any vehicle transporting any hazardous material provided for in Title 49, Code of Federal Regulations, Part 172.101 Hazardous Materials Table. (5) Radioactive waste materials disposal site - means a location that has been designated by the federal and state government where radioactive waste material can be deposit- ed for the purpose of disposal. [Statutory Authority: RCW 46.48.190. 80-014M (Order 79.4). ¢ 446.50• 030, riled 12111n9.] [1571 WAC 446-50-050 Inspection. All carriers of radioac- tive waste materials within the state shall submit to a comprehensive safety equipment inspection conducted by members of the Washington state patrol. These equipment inspections shall be conducted under the authority of RCW 46.48.170 through 46.48.190. [Statutory Authority: RCW 46.48.190. 80-01-009 (order794). $ 446-50- 050, filed 12/Iln9.1 WAC 446-50-060 Inspection forms. No interstate carrier of radioactive waste material will be allowed to enter any radioactive waste materials disposal site without display- ing a certificate of inspection form issued by a member of the Washington state patrol, for that particular load. The chief of the Washington state patrol shall prepare and furnish such certificate of inspection forms and any other forms deemed necessary to assure compliance. [Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4). 4 446-50- 060, filed 1211 1n9.1 WAC 446-50-070 Intrastate quarterly inspection. Intrastate radioactive waste material carriers will be required to contact the Washington state patrol and submit to an inspection on a quarterly basis. Upon being contacted by the radioactive waste material carriers the Washington state patrol will conduct a thorough equipment inspection of that intrastate carrier at a designated location. Upon completion of the inspection the carrier will be issued an inspection sticker that will be valid for 90 days. A current and valid inspection sticker will be required for entry into the radioac- tive waste material site. [Statutory Authority: RCW 46.48.190. 80-01.009 (Order 79-4), § 446-50- 070, riled 12n Ing.] 446-50-080 Transportation of Hazardous Materials WAC 446-50-080 Transportation requirements. (1) The Washington state patrol acting by and through the chief of the Washington state patrol after conferring with the committee created by RCW 46.48.190 hereby adopts the following parts of Title 49 Code of Federal Regulations, as they exist during 1985, subject to any appendices and amendments in the future: 170 (Reserved), 171 General information, regulations, and definitions, 172 Hazardous materials table and hazardous materials communications regulations, 173 Shippers—General requirements for ship- ments and packaging, 177 Carriage on public highway, 178 Shipping container specifications, 180-189 (Reserved). Title 49 CFR, parts 100 through 199, relates to safety in the transportation of hazardous materials upon the public highways. This regulation is intended to apply only to the transportation of hazardous materials by highway in Wash- ington, to the handling and storage operations incident to such transportation, and to the highway portion of an intermodal shipment of hazardous materials. (2) Copies of Tide 49 CFR parts 100 through 199, now in force are on file at the code reviser's office, Olympia[,) and at the Washington state patrol headquarters, commercial vehicle enforcement section, Olympia Additional copies may be available for review at Washington state patrol district headquarters offices, public libraries, Washington utilities and transportation [(commission offices and at the United States Department of Transportation)], bureau of motor carrier safety office, Olympia. Copies of the CFR may be purchased through the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. [StatutoryAuthority: RCW 46.48.170 - 4648.190. 85.20-070 (Order 85-1). § 446.50-080, filod 9rAW. StatutoryAuthority: RCW 46.48.170. 84-05- 010 (Order 82-3), § 446-50480, filed 2!1/84; 8343.008 (Order 82-31 § 446-50-080, filed 1/11/83; 82-07-100 (Order 82-2), § 446-50-080, filed 3124/82. Statutory Authority: RCW 46.48.190. 81-03-M (Order 80-2), 1446-50-080, filed 1/8/81; 80-01-009 (Order 79-4), § 446-504)80, filed 12/11/79) Reviser's rate: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffatual changes not filed by the agency in this manmer. The bracketed material in the above section does not appear to conform to the statutory requirement. [1581 RCW 46.20.005 Driving without a license— Misdemeanor, when. Except as expressly exempted by this. chapter, it is a misdemeanor for a person to drive any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter. This section does not apply if at the time of the stop the person is not in violation of RCW 46.20.342(1) or 46.20.420 and has in his or her possession an expired driver's license or other valid identifying documentation under RCW 46.20.035. A violation of this section is a lesser included offense within the offenses described in RCW 46.20.342(1) or 46.20.420. [1997 c 66 § 1.] RCW 46.20.015 Driving without a license— Traffic infraction, when. Except as expressly exempted by this chap- ter, it is a traffic infraction and not a misdemean- or under RCW 46.20.005 for a person to drive any motor vehicle upon a highway in this state without a valid driver's license issued to Wash- ington residents under this chapter in his or her possession if the person provides the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop and the person is not in violation of RCW 46.20.342(1) or 46.20.420. A violation of this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars. [1997c66§2.] [1994 c 275 § 22; 1987 c 247 § 2.] NOTES: Short title—Effective date -1994 c 275: See notes following RCW 46.04.015. RCW 46.20.720 Ignition Interlocks, biological, technical devices—Drivers convicted or alcohol offenses. (Effective January 1, 1998.) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device. The court shall establish a specific calibra- tion setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW. [21] 97 c 229 § 8; 1994 c 275 § 22; 1987 c 247 § NOTES: Effective date -1997 c 229: See note following RCW 10.05.090. Short title—Effective date -1994 c 275: See notes following RCW 46.04.015. RCW 46.20.730 Ignition interlock device— technical evice Defini. Other biological or 1 tions. (Effective until January , RCW 46.20.720 Ignition interlocks, biological, technical devices—Drivers convicted of alcohol For the purposes of RCW 46.20.720, offenses. (Effective until January 1, 1998.) 46.20.740, and 46.20.750, "ignition interlock a nalyzed ignition The court may order any person convicted of device" means breath alcohol equipment, certified by the state *commission on any offense involving the use, consumption, or equipment, designed to prevent a motor vehicle possession of alcohol while operating a motor ! from being operated by a person who has con- vehicle to drive only a motor vehicle equipped I an alcoholic beverage, and "other biological with functioning ignition interlock other sumed technical device" means any device meeting the i sr biological technical device, and the restriction or of the National Highway Traffic Safety r shall be fora period es not less than six months. The court shall establish it specific calibre- 1 standards Administration or the state "commission on equip - designed to prevent the operation of a motor tion setting at which the ignition interlock ment, vehicle by a person who is impaired by alcohol or other biological technical device will prevent nt drugs. The commission shall by rule provide the motor vehicle from being started and the l standards for the certification, installation, repair, period of time that the person shall be subject to and removal of the devices. the restriction. For purposes of this section, "convicted" [1994 c 275 § 23; 1987 c 247 § 3.1 means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW. [1994 c 275 § 22; 1987 c 247 § 2.] NOTES: Short title—Effective date -1994 c 275: See notes following RCW 46.04.015. RCW 46.20.720 Ignition Interlocks, biological, technical devices—Drivers convicted or alcohol offenses. (Effective January 1, 1998.) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device. The court shall establish a specific calibra- tion setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW. [21] 97 c 229 § 8; 1994 c 275 § 22; 1987 c 247 § NOTES: Effective date -1997 c 229: See note following RCW 10.05.090. Short title—Effective date -1994 c 275: See notes following RCW 46.04.015. RCW 46.61.5249 Negligent driving—First de- gree. (1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having con- sumed liquor or an illegal drug. (b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponder- ance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription direc- tions and warnings. (c) Negligent driving in the first degree is a misdemeanor. (2) For the purposes of this section: (a) "Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. (b) "Exhibiting the effects of having con- sumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordina- tion, or otherwise exhibits that he or she has consumed liquor, and either: (i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or (ii) Is shown by other evidence to have recently consumed liquor. (c) "Exhibiting the effects of having con- sumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either. (i) Is in possession of an illegal drug; or (ii) Is shown by other evidence to have recently consumed an illegal drug. (d) "Illegal drug" means a controlled sub- stance under chapter 69.50 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the pre- scription directions and warnings, or a legend drug under chapter 69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescrip. tion directions and warnings. z (3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section. [1997 c 66 § 4.]