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Repealed by Ord. 3621 (Ch. 9.02)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
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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
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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
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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
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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.]