HomeMy WebLinkAbout3170Ordinance No. 3170
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3408
ORDINANCE NO.�
i
�t AN ORDINANCE of the City Council of the
Q� 3 b7,� � City of Kent, Washington, amending Chapter
!' 9.36 of the Kent City Code relating to the
traffic code by adopting the Washington Model j
Traffic Code (MTO) pursuant to Laws 1993, ch.
400.
r
i
WHEREAS, pursuant to Laws 1993, ch. 400, the City
Council desires to adopt the Washington Model Traffic Code (MTO)
as set forth in WAC 308-330; and
WHEREAS, the City Council of the City of Kent,
bWashington finds that this ordinance is in the interest of the
public health, safety and welfare; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 9.36 of the Kent City Code entitled
"Traffic Code" is hereby amended as follows:
it
j CHAPTER 9.36. TRAFFIC CODE
Sec. 9.36.010. Adopting ordinance.
Pursuant to Laws 1993 chapter 400 and pursuant to RCW
46.90.010, Tthe Washington Model Traffic Ordinance (MTO) as set
forth in the Revised Gede—ef Was gten (RGW) Ghater 4699
Washington Administrative Code in Chapter 308-330 WAC, is hereby
adopted by reference, as if set forth in full, as the traffic
i
I,
i
1
i!
ordinance of the City of Kent in conjunction with the other
provisions of Chapter 9.36 herein.
The adopting ordinance has been published in a
i
newspaper as provided in RCW 35A.12.160. A copy of the State of I
Washington Model Traffic Code, together with its amendments, as
jI set forth in Exhibit A to the adopting ordinance incorporated by
reference as if set forth herein in full, shall be authenticated
and recorded by the city clerk along with the adopting ordinance.
Exhibit A to the adopting ordinance the Washington
Model Traffic Code as adopted herein as the traffic ordinance for i
ii the City of Kent consists of the Washington Administrative Code
i
Chapter 308-330 WAC and Sections 46.37.620, 46.44.015 46.44.105,
?� 46.55.037 46.61.005 46.61.371 46.61.372 and 46.61.517 of the
j Revised Code of Washington all of which amend and supplement,_
i� pursuant to Laws 1993 Chapter 400 the Washington Model Traffic
i Ordinance published March 1991 (Information Bulletin No. 468) by
the Municipal Research and Services Center, as thereafter amended
by the Washington State Legislature also set forth in Exhibit A
as part of the Washington Model Traffic Code. i
Not less than one (1) copy of the Washington Model
Traffic Code and its amendments as adopted herein, shall be
filed with the city clerk for examination by the public.
I'
�! Sec. 9.36.020. Inattentive driving.
!' A. It is unlawful for any person to operate a motor
ii
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.
i! C. The offense of operating a vehicle in an
inattentive manner shall be considered to be a lesser offense
2
i
I than, but included in the offense of operating a vehicle in a
negligent manner.
ji D. Any person violating the provisions of this
i' section is guilty of a traffic infraction and the mandatory
lpenalty will be forty-seven dollars ($47.00).
Sec. 9.36.030. Avoidance of intersection, penalty.
i A. It is unlawful for any person operating a motor j
I 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
i
purpose of avoiding the intersection or any traffic control
j device controlling the intersection, unless so directed by lawful
authority.
B. Any violation of this section shall be a traffic
infraction and punishable by a monetary penalty of forty-seven
dollars ($47.00) .
Sec. 9.36.040. Street closure.
A. The city may permit the closure of a portion of a
street or road within the boundaries of the city. No closure of
j any street or road of any duration in time or length shall occur
j.I
except in accordance with a permit issued by the chief of police,
i'
and such other laws or regulations which may be applicable. This
section shall not apply to a city initiated closure of any
I
1. !
highway, street, or road.
B. The chief of police may issue a permit for closure
of such street or road if such closure is consistent with the
general health, safety and welfare of the citizens. The chief of
i police is authorized to require that issuance of the permit is
dependent upon fulfillment of such conditions as are necessary to
ii 3
I
i
j ensure the closure is carried out in a safe, uniform, and
I
I reasonable manner, including but not limited to:
1. The execution of a written agreement
regulating access to the street by emergency vehicles and local
j, residents during the closure.
j 2. Procurement and posting of a bond, cash or
proof of insurance in an amount sufficient to ensure payment for
i
damages and/or all cleanup costs associated with the closure.
3. Use of city -approved signs and barricades for
the closure.
4. Written verification from each affected
I'
property owner that such owner agrees to the closure.
!: C. Violation of this section shall be punishable as
I
set out in section 1.01.140 of this Code.
D. A nonrefundable fee of twenty-five dollars
($25.00) shall be paid to the city with the application for the
j permit as partial defrayal of the costs to process the permit.
! �risrecrrE-i3 l re9p93363b-ili` i " z •• d
i
it fReter vehiele subjeetI
I
,i � I
�gis i entrnde r GW eh -46.6 nom-state unless the
!I i
ersen
,i 1 n t 4-6.29.9991 I
zifaits of at least tie—cafRe �preyidec�in RG r -_
if insured as prevTded in RGW 46.29.639, eeye1-ed by ems
i
eertifieate e
t y a jab -�96 �- least the �.ts �
l `
pi
R W 46.29.99
i'
i
�I
j
4
that , ta
i L-�tie--��re��
men -��
ted, he
�ee,;,p3 � =
1 thre--eeet=en, the-eiteatie
�I
l l
be-dis„ isle
in lieu of
ipersenal appearanee,
jicitten
�i the +
t
evi-d entEe �a.
eta
ii
eefflp-lianeewith this seetien,
.a : e e .
in
whieh- ease
-the -ei-tatren--moi � l-��l be
-- - ---m -
.
{ Sec. 9.36.-l-" .050. One-way streets and alleys; penalty.
A. Upon those streets and parts of streets, and in
those alleys described in the schedule on file in the city
i
li
i
i
li
ii clerk's office, vehicular traffic shall move only in the
indicated direction when signs indicating the direction of
traffic are erected and maintained at every intersection where i
movement in the opposite direction is prohibited. j
i; B. Any violation of this section shall be an i
�i infraction and punishable by a monetary penalty of not more than
j twenty dollars ($20.00) .
Serv. Refusal -vz-bleed r -and breath -aleehel test's.-
The refusal ef a p ersen ts subfftit te -a t e sef the
a-1eehelie—eentent of his -ems -lieu -bleed ei- breath under nGW
46.2g.;398 isadffilasible inte evidenee in a subsequent erifRinal
i
trial.
section 2. Exhibit A Adopted and Incorporated By
I
Reference.
Exhibit A to this ordinance, the Washington Model
I
Traffic Code, consisting of the Washington Administrative Code
Chapter 308-330 WAC and Sections 46.37.620, 46.44.015, 46.44.105,
46.55.037, 46.61.005, 46.61.371, 46.61.372 and 46.61.517 of the i
Revised Code of Washington, all of which amend and supplement,
pursuant to Laws, 1993, Chapter 400, the Washington Model Traffic
Ordinance published March 1991 (Information Bulletin No. 468) by
the Municipal Research and Services Center, as thereafter amended
by the Washington State Legislature, also set forth in Exhibit A
as part of the Washington Model Traffic Code, is hereby adopted i
and incorporated by reference as if set forth in full herein as
the traffic ordinance for the City of Kent in conjunction with
the other provisions of Chapter 9.36 of the Kent City Code.
I
!I
�t
I Section 3. Section 9.38.100 of the Kent City Code
entitled "Parking reserved for physically disabled, penalty" is
I'
hereby repealed.
i
ff
Section 4. Severability. If any section, sentence,
1� clause or phrase of this ordinance should be held to be invalid
,I
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity i
i I
or constitutionality of any other section, sentence, clause or I
phrase of this ordinance. j
Section 5. Effective Date.
effect and be in force July 1,
ATTEST:
This ordinance shall take
'BRENDA JACOBER,�IT CLERK
APPROVED AS TO FORM:
A. L-JBOVICH, CI
3
i
I!
ii
I
PASSED day of ty 1994.
4! APPROVED day of ���� 1994.
1
PUBLISHED J day of , 1994.
'I
ii
!� I hereby certif.,and authenticate that this is a true
copy of Ordinance No. 7G' along with Exhibit A attached
W hereto consisting of the Washington Administrative Code Chapter
1!308-330 WAC and Sections 46.37.620, 46.44.015, 46.44.105,
ji 46.55.037, 46.61.005, 46.61.371, 46.61.372 and 46.61.517 of the
,i Revised Code of Washington, the Washington Model Traffic
j�Ordinance published March 1991 (Information Bulletin No. 468) by
the Municipal Research and Services Center, passed by the City
i' Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
L� i-� - 2_ ✓ C C. ,�/c / (SEAL)
BRENDA JACOB -IT Y CLERK
I
ii
i`
I
J
ii
I'
i.
!I
�I
traffic2.ord
E
Chapter 308-330 WAC
WASHINGTON MODEL TRAFFIC ORDINANCE
NEW SECTION
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.
NEW SECTION
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 36.32.120(7)._
NEW SECTION
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.
13471 EX H I H I TL. Puzn hent
WSR 94-01-082
Washington State Register, Issue 94-01
NEW SECTION
WAC 308-330-100 Chapter 46.04 RCW (Definitions)
adopted by reference. All sections of chapter 46.04 RCW
as now or hereafter amended are hereby adopted by refer-
ence as a part of this chapter in all respects as though such
sections were set forth herein in full.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-115 City. "City" means every incorpo-
rated city and town.
NEW SECTION
WAC 308-330-118 Demolish. "Demolish" means to
destroy completely by use of a hydraulic baler and shears, or
a shredder.
NEW SECTION
WAC 308-330-121 Department. "Department" means
the department of licensing unless otherwise specified in this
chapter.
NEW SECTION
WAC 308-330-123 Director. "Director' means the
director of licensing unless the director of a different
department of government is specified.
NEW SECTION
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 May, commonly known as Memorial Day;
the fourth day of July, being the anniversary of the Declara-
tion of Independence; the first 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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-139 Ordinance. "Ordinance' means a
city or town ordinance or a county ordinance or resolution.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
Permanent 1 348 1
0
0
0
NEW SECTION
Washington State Register, Issue 94-01
NEW SECTION
WSR 94-01-082
WAC 308-330-157 Police or police officer. "Police WAC 308-330-187 Traffic division. "Traffic division"
or police officer" includes the police officers of a city, a means the traffic division of the police department of the
town, marshal, or the sheriff and his/her deputies of a county local authority, or in the event a traffic division is not
whichever is applicable, but when the term sheriff is used in established, then said term whenever used in this chapter
this chapter, it shall only mean the sheriff. shall be deemed to refer to the police department of the local
authority.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
NFW SECTION `..
WAC 308-330-175 Street. "Street" means a "city
street."
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-190 U-turn. "U-turn" means turning a
vehicle so as to proceed in the opposite direction on the
same roadway.
NEW SECTION
•
WAC 308-330-195-- RCW sections adopted—Live.
stock. The following sections of the Revised Code of •
Washington (RCW) pertaining 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.
NEW SECTION
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 nonhighway 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, 46.09.120, 46.09.130, 46.09.140, and
46.09.180.
NEW SECTION
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 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 46.10.010, 46.10.090,
46.10.100, 46.10.110, 46.10.120, 46.10.130, 46.10.140, and
46.10.190.
NEW SECTION
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.
NEW SECTION
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.
[ 349 1
Permanent
WSR 94-01-082
NEW SECTION
Washington State Register, Issue 94-01
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.
NEW SECTION
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 Iaw: 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.
NEW SECTION
WAC 308-330-225 Records of traffic violations. (1)
The police department or the traffic division thereof shall
keep a record of all violations of the traffic ordinances of the
local authority or of the state motor vehicle laws of which
any person has been charged, with the exception of illegal
parking or standing violations, together with a record of the
final disposition of all such alleged offenses. Such records
shall be so maintained as to show all types of violations and
the total of each. Such records shall accumulate during at
least a five-year period, and from that time on the records
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
year 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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-235 Traffic accident studies. Whenev-
er the accidents at any particular location become numerous,
the traffic division shall cooperate with the traffic engineer
in conducting studies of such accidents and in determining
remedial measures.
NF.W SFCT10N
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.
NEW SECTION
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;
(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.
NEW SECTION
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.
NFW SF.CTION
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.
NEW SECTION
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
Permanent 1 350 1
4
0
Washington State Register, Issue 94-01
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.
NEW SECTION
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
danger to pedestrians crossing the roadway, and in such
other places as he/she may deem necessary;
(4) To establish safety zones of such kind and character
and at such places as he/she may deem necessary for the
protection of pedestrians;
(5) To mark traffic lanes upon the roadway of any
highway where a regular alignment of traffic is necessary;
(6) To regulate the timing of traffic signals so as to
permit the movement of traffic in an orderly and safe
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 bo 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, and shall
place proper signs at such intersections. The making of such
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;
(9) To erect and maintain stop signs, yield signs, or
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;
WSR 94-01-082
(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 the
stopping, standing, or parking of vehicles would create an
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 he/she shall determine to
be of the greatest benefit and convenience to the public, and
every such bus stop, bus stand, taxicab stand, or other stand
shall be designated by appropriate signs or by curb markings
supplemented with the appropriate words stenciled on the
curb;
(16) To erect and maintain official traffic control
devices on any highway or part thereof to impose gross
weight limits on the basis of an engineering and traffic
investigation;
(17) To erect and maintain official traffic control
devices on any highway or part thereof to prohibit the
operation of trucks exceeding ten thousand pounds gross
weight on the basis of an engineering and traffic investiga-
tion: Provided, That such devices shall not prohibit neces-
sary local operation on such highways for the purpose 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 anengineering
and traffic investigation and shall erect appropriate official
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;
Permanent
WSR 94-01-082
Washington State Register, Issue 94-01
(23) To test new or proposed traffic control devices
under actual conditions of traffic.
NEW SECTION
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 RCW
46.61.415;
(2) Increase maximum speed limits pursuant to RCW
46.61.415;
(3) Determine and declare the maximum speed limits on
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(3);
(5) Prohibit, regulate, or limit, stopping;standing, or
parking of vehicles on any highway at all times or during
such times as shall -be indicated by official traffic control
devices;
(6) Determine and declare parking meter zones upon
those highways or parts thereof where the installation of
parking meters will be necessary to regulate parking;
(7) Close any highway or part thereof temporarily to
any or all traffic;
(8) Determine and declare one-way highways pursuant
to RCW 46.61.135;
(9) Determine and declare arterial highways pursuant to
RCW 46.61.195 and 46.61.435.
NEW SECTION
WAC 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 commission,
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.
NEW SECTION
as a part of this chapter in all respects as though such
sections were set forth herein in full: RCW 46.12.070,
46.12.080, 46.12.101, 46.12.102, 46.12.260, 46.12.300,
46.12.310, 46.12.320, 46.12.330, 46.12.340, 46.12.350, and
46.12.380.
NEW SECTION
WAC 308-330-305 RCW sections 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, 46.16.088, 46.16.135, 46.16.140, 46.16.145,
46.16.170,_46.3,6.1;80, 46.16.240, 46,16.260, 46.16.290,
46.16.316, 46.16.381, 46.16.390, 46.16.500, 46.16.505,
46.16.595, and 46.16.710.
NEW SECTION
WAC 308-330-307 RCW sections adopted—Driver
licenses identicards. The following sections of the Revised
Code of Washington (RCW) pertaining to driver licenses
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, 46.20.190, 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,
46.20.435, 46.20.500, 46.20.510, 46.20.550, and 46.20.750.
NEW SECTION
WAC 308-330-309 RCW sections adopted—Uniform
Commercial Driver's License Act. The following sections
of the Revised Code of Washington (RCW) pertaining 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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-300 RCW sections ado ted—Certiti- WAC 308-330-312 RCW sections adopted—
WAC Mandatory liability insurance. The following sections of
cates of ownership and registrations. The following the Revised Code of Washington (RCW) pertaining to
sections of the Revised Code of Washington (RCW) pertain- mandatory liability insurance as now or hereafter amended
ing to vehicle certificates of ownership and registrations as are hereby adopted by reference as a part of this chapter in
now or hereafter amended are hereby adopted by reference all respects as through such sections were set forth herein in
Permanent
1 352 1
is
I
6
0
Washington State Register, Issue 94-01
full: RCW 46.30.010, 46.30.020, 46.30.030, and
46.30.040.
NEW SECTION
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 in all respects as though such sections
were set forth herein in full: RCW 46.32.060 and 46.32.070.
NEW SECTION
WAC 308-330-316 RCW sections adopted—Vehicle
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, 46.37.500,
46.37.510, 46.37.513, 46.37.517, 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, 46.37.570, 46.37.590,
46.37.600, 46.37.610, and 46.37.620.
f
NEW SECTION
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, 46.44.047, 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.
NEW SECTION
WAC 308-330-322 RCW sections adopted—Trans-
portation of hazardous materials. The following section
of the Revised Code of Washington (RCW) 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.
WSR 94-01-082
NEW SECTION
WAC 308-330-325 RCW sections adopted—Acci-
dents, 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, 46.52.080,
46.52.088, 46.52.090, and 46.52.100.
NEW SECTION
WAC 308-330-327 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.
NEW SECTION
WAC 308-330-329 RCW sections adopted—Rental
car businesses. The following section of the Revised Code
of Washington (RCW) pertaining to rental car businesses 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 46.87.023.
NEW SECTION
WAC 308-330-330 RCW sections adopted—Motor
vehicle wreckers. The following section of the Revised
Code of Washington (RCW) pertaining to motor vehicle
wreckers 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 46.80.010.
NEW SECTION
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 he/she transmits to the department
a seller's report of sale on a form prescribed by the director.
NEW SECTION
WAC 308-330-365 Contract with registered disposer
to dispose of vehicles and hulks—Compliance required.
(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 depart-
ment for the purpose of disposing of certain automobile
hulks, abandoned junk motor vehicles, and abandoned
vehicles.
1353 1
Permanent
WSR 94-01-082
Washington State Register, Issue 94-01
(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.
NEW SECTION
through 46.61.515 shall apply upon highways and elsewhere
throughout the jurisdiction of the local authority.
NEW SECTION
WAC 308-330-403 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.
WAC 308-330-370 Stolen and abandoned vehicles—
Reports of—Recovery, report required, penalty—Disposi-
NEW SECTION
tion. It shall be the duty of the chief of police to report
WAC 308-330-406 RCW sections adopted—Aban-
immediately to the chief of the Washington state patrol all
doned, unauthorized, and junk vehicle tow truck opera -
motor vehicles reported to them as stolen or recovered, upon
tors. The following sections of the Revised Code of
forms to be provided by the chief of the Washington state
Washington (RCW) pertaining to abandoned, unauthorized,
patrol.
and junk vehicle tow truck operators as now or hereafter
In the event that any motor vehicle reported as stolen
amended are hereby adopted by reference as a part of this
has been recovered, failure of tie person so reporting the Y
`'chapter in all respects as though such sections were set forth
' same as stolen to report the recovery thereof to the chief of
herein in full: RCW 46.55.010, 46.55.020, 46.55.030,
police to whom such motor vehicle was reported as stolen is
46.55.035, 46.55.037, 46.55.040, 46.55.050, 46.55.060,
a traffic infraction.
46.55.063, 46.55.070, 46.55.080, 46.55.085, 46.55.090,
It shall be the duty of the chief of police to report to the
46.55.100, 46.55.105, 46.55.110, 46.55.113, 46.55.120,
chief of the Washington state patrol all vehicles or automo-
46.55.130, 46.55.140, 46.55.150, 46.55.160, 46.55.170,
bile hulks found abandoned on a highway or at any other
46.55.230, 46.55.240, and 46.55.910.
place and the same shall, at the direction of a law enforce-
ment officer, be placed in the custody of a registered
NEW SECTION
disposer.
NEW SECTION
WAC 308-330-375 Disposition of abandoned junk
motor vehicles. (1) Notwithstanding any other provision of
law, the chief of police on his/her own volition, or upon
request from a private person having the right to possession
of property upon which an abandoned junk motor vehicle
has been left, shall inspect and may authorize the disposal of
an abandoned junk motor vehicle. The chief of police shall
record the make of such vehicle, the serial number if
available, and shall also detail the damaged or missing
equipment to substantiate a fair market value as scrap only.
He/she shall prepare in duplicate for each such abandoned
junk motor vehicle as an authorization to dispose on a form
provided by the director. He/she shall issue the original
copy of such authorization to dispose to any licensed hulk
hauler, motor vehicle wrecker, or scrap processor for the
purpose of acquiring an abandoned junk motor vehicle:
Provided, That such acquisition is for the purpose of
ultimate transfer to and demolition by a licensed scrap
processor.
(2) Any moneys arising from the disposal of abandoned
junk motor vehicles shall be deposited in the county general
fund.
NEW SECTION
WAC 308-330-400 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, 46.52.080, 46.52.090, and 46.61.500
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 respects
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, 46.61.085, and 46.61.220.
NEW SECTION
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.
NEW SECTION
WAC 308-330-412 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.
NEW SECTION
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
Permanent 1354 1
�l
Washington State Register, Issue 94-01
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,
45.;1.110, 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, 46.61.180, 46.61.185, 46.61.190, 46.61.195,
46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.215,
46.61.230, 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.
NEW SECTION
WAC 308-330421 RCW sections 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, and 46.61.385.
NEW SECTION
WAC 308-330-423 RCW sections adopted—Speed
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.
NEW SECTION
WAC 308-330425 RCW sections adopted—Reckless
driving, vehicular homicide and assault. The following
sections of the Revised Code of Washington (RCW) pertain-
ing 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, 46.61.504, 46.61.506, 46.61.515, 46.61.517,
46.61.519, 46.61.5191, 46.61.5195, 46.61.525, 46.61.530,
46.61.535, and 46.61.540.
NEW SECTION
WAC 308-330430 Obedience 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.
NEW SECTION
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
WSR 94-01-082
than ten feet of the width of the roadway for free movement
of vehicular traffic.
(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.
NEW SECTION
WAC 308-330-436 Parking for certain purposes
unlawful. (1) No person shall park any vehicle upon any
highway for the principle 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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-442 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.
NEW SECTION
WAC 308-330445 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 provisions
applicable to such zone are in effect.
NEW SECTION
WAC 308-330448 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.
1355 I Permanent
E—
Z
W
Z
Q
W
M
WSR 94-01-082
NEW SECTION
Washington State Register, Issue 94-01
WAC 308-330451 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.
NEW SECTION
WAC 308-330454 Stopping, standing, and parking
of buses and taxicabs regulated. (1) The operator of a bus
shall not stand or park such vehicle upon any highway at
any place other than a designated bus 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 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 regula-
tions at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passen-
gers.
NEW SECTION
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.
NEW SECTION
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.
Permanent
13561
NEW SECTION
WAC 308-330-462 RCW sections adopted—
Stopping, standing, and parking. 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, 46.61.582, 46.61.583, and 46.61.590.
NEW SECTION
WAC 308-330464 RCW sections adopted—Opera-
tion 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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-469 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.
NEW SECTION
WAC 308-330-472 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
6-
01)
r]
Washington State Register, Issue 94-01
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.
NEW SECTION
WAC 308-330-475 Boarding or alighting from
vehicles. No person shall board or alight from any vehicle
while such vehicle is in motion.
NEW SECTION
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.
NEW SECTION
WAC 308-330-481 RCW sections adopted—Opera-
tion of nonmotorized vehicles. The following sections of
the Revised Code of Washington (RCW) pertaining 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.
NEW SECTION
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-
330-500 through 308-330-540. ;
NEW SECTION
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.
NEW SECTION
WAC 308-330-510 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 police 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
[ 3S7 1
WSR 94-01-082
address of the person to whom issued, and a record of all
bicycle license fees collected by him.
NEW SECTION
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
ithin the- = —
jurisdiction of the local authority.
NEW SECTION
WAC 308-330-520 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.
NEW SECTION
WAC 308-330-525 Renewal of bicycle license. 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.
NEW SECTION
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.
NEW SECTION
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
thereto as provided herein and such bicycle is equipped with
the equipment required by RCW 46.61.780.
NEW SECTION
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.
Permanent
F—
W
Q
W
tl
WSR 94-01-082
Washington State Register, Issue 94-01
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-560 Bicycles—Penalties. Violation of
any provision of WAC 308-330-500 through 308-330-540 is
a traffic infraction.
NEW SECTION
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.
NEW SECTION
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 space
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 spaces
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.
Permanent
NEW SECTION
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
parking 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 meter
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 meter 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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
WAC 308-330-640 Parking meters—Rule of evi-
dence. 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 space for a period longer than
permitted by this chapter.
NEW SECTION
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,
1358 1
4
2
0
Washington State Register, Issue 94-01
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.
NEW SECTION
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
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.
[ 359 1
WSR 94-01-082
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 z 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.
NEW SECTION
WAC 308-330-700 RCW sections adopted—Disposi-
tion 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.
NEW SECTION
WAC 308-330-705 RCW sections adopted—Enforce-
ment. 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.
NEW SECTION
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.
NEW SECTION
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.
NEW SECTION
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
Permanent
1--
Z
W
Z
Q
W
a
f—
z
W
z
Q
LCL
WSR 94-01-082
Washington State Register, Issue 94-01
event such letter is disregarded for a period of five days, a
warrant of arrest will be issued.
NEW SECTION
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.
NEW SECTION
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 47.36.060,
47.36.110, 47.36.180, 47.36.200, and 47.36.220.
NEW SECTION
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 47.52.120.
NEW SECTION
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.
NEW SECTION
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.
Permanent
1 360 1
NEW SECTION
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 70.93.060.
NEW SECTION
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.
Insert for "Model Trak Ordinance" Publication `31 7,0
Statutes Added to MTO Since 1991
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
arm 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
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.]
46.44.105 Enforcement procedures—Penalties—Rules. (1) Violation of any of the
provisions of RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, and 46.44.095, or failure
to obtain a permit as provided by RCW 46.44.090 and 46.44.095, or misrepresentation of the size
or weight of any load or failure to follow the requirements and conditions of a permit issued
hereunder 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 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
three cents for each pound of excess weight. 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 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 certificate
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 registration 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.
EXHIBIT.L,.
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 five
hundred 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 notwithstanding, 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, "excess weight" means the poundage in excess of the maximum gross weight prescribed
by RCW 46.44.041 and 46.44.042 plus the weights allowed by RCW 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 the provisions of 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 department 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 transportation 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 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 enforcement
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 as now or hereafter amended, 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
2
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
rules to aid in the enforcement of this section. [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; 1975276 2nd ex.s. c 64 § 23.]
46.55.037 Compensation for private impounds. 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 the approximate
value of the scrap in it. The private property owner or an agent must authorize the impound
under RCW 46.55.080. The registered tow truck operator shall process the vehicle in accordance
with this chapter and shall deduct any compensation 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.]
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 and 46.61.500 through 46.61.525
shall apply upon highways and elsewhere throughout the state. [1990 c 291 § 4; 1965 ex.s. c 155
§ 1.]
46.61.371 Violators of school bus stop sign laws—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-incriminating. [1992 c 39 § 1.1
46.61372 Violators of school bus stop sign laws—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 municipality 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 § 2.1
46.61.517 Refusal of alcohol test—Admissibility as evidence. The refusal of a person to
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.]
3
WASHINGTON �_� 3•a
MODEL TRAFFIC ORDINANCE
AND
MUNICIPAL RESEARCH COUNCIL
10517 N. E. 38th Place
Kirkland, Washington 98033
INFORMATION BULLETIN NO. 468
MARCH, 1991
$10.00 EXHIBIT.L