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0 D
ORDINANCE NO. ��lv
V"
AN ORDINANCE of the City of Kent,
Washington, amending Ordinance 1963 by adding
a new Section 4 thereto adopting by reference
Section 1 and 2 of Chapter 176, Laws of 1919,
First Extra Session entitled "Motor Vehicle
��Offenses - Influence of Alcohol or Drugs", re-
numbering existing sections of Ordinance 1963,
and declaring a public emergency.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 1963 of the City of Kent be and
the same hereby is amended by adding a new Section 4 thereto
which shall read as follows:
Section 4. ADDITIONAL SECTIONS OF RCW ADOPTED
BY REFERENCE. The City of Kent hereby adopts
by reference, upon the filing of three copies
with the City Clerk, Sections 1 and 2 of Chap-
ter 176, Laws of 1979, First Extra Session,
entitled "Motor Vehicle Offenses - Influence
of Alcohol or Drugs".
Section 2. Section 4, 5 and 6 of Ordinance 1963 be and
the same hereby are renumbered as Sections 5, 6 and 7 respective-
ly.
Section 3. This Ordinance is designated as a public
emergency ordinance necessary for the protection of public health,
public safety, public property or the public peace and shall be-
come immediately effective upon ado tion.
ISABEL HOGAN, MAYOR
ATTEST:
MARIE JENSEW CITY CLERK
P ROVED AS TO FORM-
DONALD
ORM-DONALD E. MIRK, CITY ATTORNEY
PASSED the
day
of
February,
1980.
APPROVED the
day
of
February,
1980.
PUBLISHED the
day
of
February,
1980.
I hereby certify that this is a true copy of Ordinance
No. '�D./O , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hez
on indicated.
(SEAL)
JENS:VN, CITY CLERK
aal a
SUPPLEMENT III TO
WASHINGTON MODEL TRAFFIC ORDINANCE l�
(For Cities and Towns)
TO BE INSERTED IN FRONT OF
INFORMATION BULLETIN . 367 `r
EWJIM,
� ME 0 1
MUNICIPAL RESEARCH AND SERVICES CENTER
OF WASHINGTON
IN COOPERATION WITH
ASSOCIATION OF WASHINGTON CITIES
Supplement III to
Information Bulletin
No. 367 September 1980
4719 Brooklyn Ave. N.E.
Box No. C-5373
Seattle, Washington 98105
54.00
v
•
PREFACE
This Supplement III to the Washington Model Traffic Ordinance (MTO), Ch. 46.90 RCW,
has been prepared to up -date the MTO and to take into account amendments thereto
and certain other traffic statutes that have been enacted since Supplement II to the
MTO was issued in August of 1978. Supplement III is intended to be used in conjunction
with Information Bulletin No. 367, Washi ton Model Traffic Ordinance, and with
Supplements I (1976) and Supplements II 1978 to Information Bulletin No. 367. Three
copies of Information Bulletin No. 367 and Supplements I, II, and III to this Bulletin
should be filed in the office of the city or town clerk where they would be available
for public inspection.
Supplement III includes, among other information, the legislative additions and deletions
that have occurred because of the enactment of Ch. 65, Laws of 1980, which relates
to the Model Traffic Ordinance. No legislative action to effect the statutory changes
indicated herein is necessary on the part of cities or towns. This is because RCW
46.90.010 provides that the addition of any new section, or the amendment or repeal
of any section of the MTO by the Legislature also automatically serves to amend any
municipal ordinance which has adopted by reference the MTO unless a city or town
desires to exclude any section of the MTO from its traffic ordinance as authorized by
RCW 46.90.005.
Four traffic statutes enacted at the Regular Session of the 1980 Legislature that are
listed under Roman Numeral No. IX on page 14 in this Suppplement will be recommended
• to the Legislature for adoption by reference in the Washington MTO at the 1981
legislative session. A bill will be prepared for introduction at the 1981 session of the
Legislature which will provide for amending the MTO by adopting these statutes by
reference. However, if a city or town desires to include these four traffic statutes
in its MTO before the 1981 Legislature amends the MTO to include them therein, the
city or town MTO would have to be amended to adopt these statutes by reference in
its MTO.
We are grateful to the members of the Center professional staff who have assisted in
the preparation of this publication. Special acknowledgment is given to Patrick W.
Mason, Legal Consultant, for preparing this publication. The work of Marilyn E.
Zabransky with respect to the copy preparation of this publication is also very much
appreciated.
John S. Lamb
Executive Vice President
Municipal Research and Services
Center of Washington
0
Kent E. Swisher
Executive Director
Association of Washington Cities
CONTENTS
Page
I.
RCW Sections Adopted by Reference in the Washington
MTO That Were Amended by Either the 1979 Regular or
First Extraordinary Session of the Legislature. . . . .
. 7
II.
RCW Sections of the Model Traffic Ordinance
(Ch. 46.90 RCW) That Were Amended at the 1979
Regular or First Extraordinary Session of the
Legislature . . . . . . . . . . . . . .
. 9
III.
RCW Sections Adopted by Reference in the Washington
MTO That Were Repealed at the 1979 Regular or First
Extraordinary Session of the Legislature . . . . . .
. 9
IV.
Traffic Statutes Enacted at the 1977 First
Extraordinary Session of the Legislature That Were
Adopted by Reference in the Washington MTO by
Ch. 65, Laws of 1980 . . . . . . . . . . . .
. 10
V.
New Traffic Statutes Enacted at the 1979 First
Extraordinary Session of the Legislature That Were
Adopted by Reference in the Washington MTO by
Ch. 65, Laws of 1980 . . . . . . . . . .
11
VI.
RCW Sections Adopted by Reference in the Washington
MTO by Ch. 65, Laws of 1980 That Relate to the
Disposition of Abandoned Vehicles . . . . . . .
12
VII.
RCW Sections Adopted by Reference in the Washington
MTO That Relate to Abandoned Vehicles and That Were
Repealed by Ch. 65, Laws of 1980 . . . . . . . .
. 12
VIII.
RCW Sections Adopted by Reference in the Washington
MTO That Were Amended at the Regular Session of the
1980 Legislature. . . . . . . . . . . . . .
. 13
IX.
New Traffic Statutes Enacted at the 1980 Regular
Session of the Legislature That Will Be Recommended
for Adoption by Reference in the Washington MTO at
the 1981 Session of the Legislature . . . . . . . .
14
X.
Action to Be Taken In View of the Foregoing
15
XI.
Text of RCW Sections Adopted by Reference in the
Washington MTO That Were Amended by Either the 1979
Regular or First Extraordinary Session of the
Legislature
18
(Re: Item I above)
5
6
Page
XII.
Text of RCW Sections of the Model Traffic Ordinance
(Ch. 46.90 RCW) That Were Amended at the 1979
Regular or First Extraordinary Session of the
Legislature . . . . . . . . . . . .
. 42
(Re: Item II above)
XIII.
Text of Traffic Statutes Enacted at the 1977
First Extraordinary Session of the Legislature That Were
Adopted by Reference in the Washington MTO by
Ch. 65, Laws of 1980 . . . . . . . . . . . .
43
(Re: Item IV above)
XIV.
Text of New Traffic Statutes Enacted at the 1979
First Extraordinary Session of the Legislature
That Were Adopted by Reference in the Washington
MTO by Ch. 65, Laws of 1980 . . . . . . . . .
. 47
(Re: Item V above)
XV.
Text of RCW Sections Adopted by Reference
in the Washington MTO by Ch. 65, Laws of
1980 That Relate to the Disposition of Abandoned
Vehicles. . . . . . . . . . . .
. 53
(Re: Item VI above)
XVI.
Text of RCW Sections Adopted by Reference in the
Washington MTO That Were Amended by the Regular
Session of the 1980 Legislature . . . . . . . . .
. 59
(Re: Item VIII above)
XVII.
Text of New Traffic Statutes Enacted at the 1980
Regular Session of the Legislature That Will Be
Recommended for Adoption by Reference in the
Washington MTO at the 1981 Session of the
Legislature . . . . . . . . . . . .
. 68
(Re: Item IX above)
6
TO: CITY OFFICIALS
I. The following RCW Sections that have been adopted by reference in the
Washington MTO have been amended by either the Regular or First Extraordinary
Session of the 1979 Legislature:
Chapter and Section from
1979 Regular or 1st Ex.
Sess. that amended the
RCW Section corresponding RCW Section
Amended in the left-hand column
Page(s) on which amended
RCW Section is located
either in Info. Bull. No.
367 or in Supp. I to
Info. Bull. No. 367 or in
Supp. No. II to Info. Bull.
No. 367*
Eff ective Date
of Amendment
to RCW Section
in lef t -hand
column**
46.04.090
Ch.
61,
Sec.
1, Reg. Sess.
19 .
. . .
. 6/7/79
46.04.190
Ch.
111,
Sec.
13, Reg. Sess.
20 .
. . . .
. 6/7/79
46.04.330
Ch.
213,
Sec.
2, 1st Ex. Sess.
22 .
. . . .
. 9/1/79
46.04.332
Ch.
213,
Sec.
3, 1st Ex. Sess.
22 .
. . . .
. 9/1/79
46.04.480
Ch.
62,
Sec. 7, Reg. Sess. .
23 .
. . . .
. 6/7/79
46.04.530
Ch.
149,
Sec.
1, 1st Ex. Sess.
23 .
. . . .
. 9/1/79
46.04.670
Ch.
213,
Sec.
4, 1st Ex. Sess.
25 .
. . . .
. 9/1/79
46.04.690
Ch.
158,
Sec.
126, Reg. Sess.
25 .
. . . .
. 3/30/79
46.04.695
Ch.
158,
Sec.
127, Reg. Sess.
25 .
. . . .
. 3/30/79
46.12.080
Ch.
113,
Sec.
1, 1st Ex. Sess.
26 .
. . . .
. 9/1/79
46.12.260
Ch.
158,
Sec.
135, Reg. Sess.
26-27
. . . .
. 3/30/79
46.12.350
Ch.
158,
Sec.
138, Reg. Sess.
23 of
Supp. I
. 3/30/79
46.16.025
Ch.
158,
Sec.
139, Reg. Sess.
27 .
. . . .
. 3/30/79
46.16.135
Ch.
134,
Sec.
1, Reg. Sess. .
9 of
Supp. I
. 6/7/79
46.16.135
Ch.
136,
Sec.
46, 1st Ex. Sess.
9 of
Supp. I
. 1/1/81
46.16.140
Ch.
136,
Sec.
47, 1st Ex. Sess.
29-30
. . . .
. 1/1/81
46.16.145
Ch.
136,
Sec.
48, 1st Ex. Sess..
10 of
Supp. I
. 1/1/81
46.16.260
Ch.
113,
Sec.
3, 1st Ex. Sess. .
30
. . .
. 9/1/79
46.16.380
Ch.
7, Sec.
1,
1st Ex. Sess.
. 7-8 of
Supp. I
9/1/79
46.16.380
Ch.
26,
Sec.
1, 1st Ex. Sess.
7-8 of
Supp. I
9/1/79
46.16.380
Ch.
27,
Sec.
1, 1st Ex. Sess.
7-8 of
Supp. I
9/1/79
46.16.380
Ch.
136,
Sec.
50, 1st Ex. Sess.
7-8 of
Supp. I
1/1/81
46.16.380
Ch.
192,
Sec.
6, 1st Ex. Sess. .
7-8 of
Supp. I
1/1/81
46.20.021
Ch.
136,
Sec.
53, 1st Ex. Sess..
32 .
. . . .
. 1/1/81
46.20.025
Ch.
75,
Sec.
1, Reg. Sess.
32 .
. . . .
. 9/1/79
46.20.041
Ch.
61,
Sec.
2, Reg. Sess.
33 .
. . . .
. 6/7/79
46.20.041
Ch.
136,
Sec.
54, 1st Ex. Sess..
33 .
. . . .
. 1/1/81
46.20.190
Ch.
136,
Sec.
56, 1st Ex. Sess..
33 .
. . . .
. 1/1/81
46.20.308
Ch.
176,
Sec.
3, 1st Ex. Sess. .
33-34
. . . .
. 9/1/79
46.20.308
Ch.
136,
Sec.
59, 1st Ex. Sess..
33-34
. . . .
. 1/1/81
46.20.342
Ch.
74,
Sec.
1, 1st Ex. Sess.
34-35
. . . .
. 9/1/79
46.20.342
Ch.
136,
Sec.
62, 1st Ex. Sess..
34-35
. . . .
. 1/1/81
46.20.391
Ch.
61,
Sec.
13, Reg. Sess. .
35 .
. . . .
. 6/7/79
46.20.430
Ch.
158,
Sec.
152, Reg. Sess.
36 .
. . . .
. 3/30/79
46.20.500
Ch.
213,
Sec.
6, 1st Ex. Sess.
36 .
. . . .
. 9/1/79
46.37.010
Ch.
136,
Sec.
69, 1st Ex. Sess..
10 of
Supp. 11
. 1/1/81
46.37.188
Ch.
136,
Sec.
70, 1st Ex. Sess..
41
. .
. 1/1/81
46.37.340
Ch.
11,
Sec.
1, Reg. Sess. .
18-20
of Supp. II
3/2/79
46.37.425
Ch.
136,
Sec.
73, 1st Ex. Sess.
22-23
of Supp. II
1/1/81
7
Chapter and Section from
1979 Regular or 1st Ex.
Sess. that amended the
RCW Section corresponding RCW Section
Amended in the left-hand column
Page(s) on which amended
RCW Section is located
either in Info. Bull. No.
367 or in Supp. I to
Info. Bull. No. 367 or in
Supp. No. II to Inf o. Bull.
No. 367*
Effective Date
of Amendment
to RCW Section
in lef t -hand
column**
46.37.430
Ch.
158,
Sec.
157, Reg. Sess. .
49-50
. . . .
. 3/30/79
46.44.030
Ch.
113,
Sec.
4, 1st Ex. Sess. .
25 of
Supp. II
9/1/79
46.44.037
Ch.
149,
Sec.
3, 1st Ex. Sess. .
11 of
Supp. I
9/1/79
46.44.047
Ch.
136,
Sec.
74, 1st Ex. Sess.
12-13
of Supp. I
1/1/81
46.44.050
Ch.
213,
Sec.
7, 1st Ex. Sess. .
13 of
Supp. I
9/1/79
46.44.095
Ch.
158,
Sec.
159, Reg. Sess. .
29-30
of Supp. H
3/30/79
46.44.130
Ch.
136,
Sec.
76, 1st Ex. Sess..
63 .
. . . .
. 1/1/81
46.44.140
Ch.
136,
Sec.
77, 1st Ex. Sess.
63 .
. . . .
. 1/1/81
46.52.010
Ch.
136,
Sec.
79, 1st Ex. Sess.
64 .
. . . .
. 1/1/81
46.52.020
Ch.
136,
Sec.
80, 1st Ex. Sess..
6 of Supp. I . .
. 1/1/81
46.52.030
Ch.
158,
Sec.
160, Reg. Sess. .
30-31
of Supp. 11
3/30/79
46.52.030
Ch.
11, Sec.
2, Reg. Sess. .
30-31
of Supp. Il
3/2/79
46.52.080
Ch.
158,
Sec.
160, Reg. Sess.
65-66
. . . .
. 3/30/79
46.52.100
Ch.
176,
Sec.
4, 1st Ex. Sess.
66 .
. . .
. 9/1/79
46.52.100
Ch.
136,
Sec.
81, 1st Ex. Sess..
66 .
. . . .
. 1/1/81
46.52.145
Ch.
178,
Sec.
18, 1st Ex. Sess..
67 .
. . . .
. 5/14/79
46.61.500
Ch.
136,
Sec.
85, 1st Ex. Sess..
79 .
. . . .
. 1/1/81
46.61.506
Ch.
176,
Sec.
5, 1st Ex. Sess. .
79-80
. . . .
. 9/1/79
46.61.515
Ch.
176,
Sec.
6, 1st Ex. Sess. .
32-33
of Supp. Il
. 9/1/79
46.61.525
Ch.
136,
Sec.
86, 1st Ex. Sess.
81 .
. . . .
. 1/1/81
46.61.530
Ch.
136,
Sec.
87, 1st Ex. Sess..
81 .
. . . .
. 1/1/81
46.61.535
Ch.
136,
Sec.
88, 1st Ex. Sess..
81 .
. . . .
. 1/1/81
46.61.560
Ch.
178,
Sec.
20, 1st Ex. Sess..
33 of
Supp. H
. 5/14/79
46.61.580
Ch.
27, Sec.
2, 1st Ex. Sess.
8 of Supp.
I . .
. 9/1/79
46.61.665
Ch.
136,
Sec.
89, 1st Ex. Sess..
83-84
. . . .
. 1/1/81
46.61.680
Ch.
136,
Sec.
90, 1st Ex. Sess..
84 .
. . . .
. 1/1/81
46.61.750
Ch.
136,
Sec.
92, 1st Ex. Sess..
84
. . . .
. 1/1/81
46.64.015
Ch.
28, Sec.
2, 1st Ex. Sess.
8-9 of
Supp. I .
. 9/1/79
46.64.025
Ch.
158,
Sec.
175, Reg. Sess.
85 .
. . . .
. 3/30/79
46.64.030
Ch.
28, Sec.
3, 1st Ex. Sess.
85-86
. . . .
. 9/1/79
70.93.060
Ch.
39,
Sec.
1, 1st Ex. Sess.
94 .
. . . .
. 9/1/79
* Supp: I refers to Supplement I to Information Bulletin No. 367, dated June 1, 1976
and Supp. II refers to Supplement No. H to Information Bulletin No. 367, dated
August 1978. A reference to a page number alone refers to Information Bulletin
No. 367.
**The enactment of Ch. 136,
Laws of
1979, 1st Ex. Sess.
will make the violation of
most motor vehicle offenses a civil
traffic infraction.
The
original effective date
of this chapter .was July 1,
1980.
However, the effective
date of Ch. 136, Laws
of 1979, 1st Ex. Sess. was
changed
to January 1, 1981
by
Ch. 128, Laws of 1980.
Therefore we have included
the new
effective date for
Ch.
136, Laws of 1979, 1st
Ex. Sess. on this list.
8
( II. The following RCW Sections of the Model Traffic Ordinance (Ch. 46.90 RCW)
were amended at either the 1979 Regular or First Extraordinary Session of the
Legislature:
Chapter and Section from
1979 Regular or 1st Ex.
Sess. that amended the Page(s) on which amended
RCW Section corresponding RCW Section RCW Section is located
Amended in the left-hand column in Info. Bull. No. 367
Effective Date
of Amendment
to RCW Section
in lef t -hand
column*
46.90.121 Ch. 158, Sec. 203, Reg. Sess. . 2 . . . . . 3/30/79
46.90.345 Ch. 136, Sec. 100, 1st Ex. Sess. 7 . . . . . 1/1/81
46.90.560 Ch. 136, Sec. 101, 1st Ex. Sess. 12 . . . . . 1/1/81
* The enactment of Ch. 136,
Laws of
1979, 1st Ex. Sess.
will make the violation of
most motor vehicle offenses a civil
traffic infraction.
The
original effective date
of this chapter was July 1,
1980.
However, the effective
date of Ch. 136, Laws
of 1979, 1st Ex. Sess. was
changed
to January 1, 1981
by
Ch. 128, Laws of 1980.
Therefore we have included
the new
effective date for
Ch.
136, Laws of 1979, 1st
Ex. Sess. on this list.
134,
Sec.
4, Reg. Sess.
29 . . . . .
III. The following RCW Sections that were adopted by reference in the Washington
MTO were repealed at the 1979 Regular or First Extraordinary Session of the
Legislature:
Chapter and Section from
1979 Regular or 1st Ex.
Sess. that repealed the
RCW Section corresponding RCW Section
Repealed in the left-hand column
Page(s) on which repealed
RCW Section is located
either in Info. Bull.
No. 367 or in Supp. I to
Info. Bull. No. 367 or in
Supp. II to Info. Bull. No.
367*
Effective Date
of Repeal of
RCW Section
in left-hand
column
46.04.680
Ch.
158,
Sec.
245, Reg. Sess. .
25 . . . . .
. 3/30/79
46.12.090
Ch.
113,
Sec.
6, 1st Ex. Sess. .
26 . . . . .
. 9/1/79
46.16.137
Ch.
134,
Sec.
4, Reg. Sess.
9-10 of Supp. I .
. 6/7/79
46.16.138
Ch.
134,
Sec.
4, Reg. Sess.
29 . . . . .
. 6/7/79
46.64.017
Ch.
28,
Sec.
4, 1st Ex. Sess.
96 . . . . .
. 9/1/79
* Supp. I refers to Supplement I to Information Bulletin No. 367, dated June 1, 1976
and Supp. II refers to Supplement No. II to Information Bulletin No. 367, dated
August 1978. A reference to a page number alone refers to Information Bulletin
No. 367.
9
IV. The following traffic statutes that were enacted at the 1977 First Extraordinary
Session of the Legislature were adopted by reference in the Washington MTO
in Ch. 65, Laws of 1980:
Traffic statutes enacted
at the 1977 legislative
sessions that were adopted
by reference into the MTO
by Ch. 65, Laws of 1980
RCW 46.37.196. . . . .
46.37.215 . . . . .
46.37.369 . . . . .
46.37.375 . . . . .
46.37.465 . . . . .
46.37.513 . . . . .
46.37.517 . . . . .
46.37.522 . . . . .
46.37.523 . . . . .
46.37.524 . . . . .
46.37.525 . . . . .
46.37.527 . . . . .
46.37.528 . . . . .
46.37.529 . . . . .
46.37.537 . . . . .
46.37.539 . . . . .
46.44.170 . . . . .
46.44.173 . . . . .
46.44.175 . . . . .
46.61.428 . . . . .
Chapter and Section from 1977
Regular or 1st Ex. Sess. that
enacted the corresponding RCW
Section in the left-hand column
Eff ective Date
of RCW Section
in left-hand
column
Ch.
355,
Sec.
16,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
19,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
30,
1st
Ex.
Sess. .
9/21/77
Ch.
3559
Sec.
319
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
39,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
43,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
44,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
45,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
46,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
47,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
48,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
49,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
50,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
51,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
52,
1st
Ex.
Sess. .
9/21/77
Ch.
355,
Sec.
53,
1st
Ex.
Sess. .
9/21/77
Ch.
22,
Sec.
2, 1st Ex. Sess. . .
. 5/6/77
Ch.
22,
Sec.
3, 1st Ex. Sess. . .
. 5/6/77
Ch.
22,
Sec.
4, 1st Ex. Sess. . .
. 5/6/77
Ch.
39,
Sec.
1, 1st Ex. Sess. . .
. 9/21/77
10
V. The following traffic statutes that were enacted at the 1979 First
Extraordinary
Session of the Legislature
were adopted by
reference in the Washington MTO
in Ch. 65, Laws of 1980:
Traffic statutes enacted
at the 1979 legislative
Chapter and Section
from 1979
Effective Date
sessions that were adopted
Regular or 1st
Ex. Sess. that
of RCW Sec -
by reference into the MTO
enacted the corresponding RCW
tion in left -
by Ch. 65, Laws of 1980
Section in the
left-hand column
hand column*
RCW 46.52.170 . . . .
. Ch.
178, Sec.
2, 1st Ex. Sess.
5/14/79
46.52.180 . . . . .
. Ch.
178, Sec.
3, 1st Ex. Sess.
5/14/79
46.52.190 . . . . .
. Ch.
178, Sec.
4, 1st Ex. Sess.
5/14/79
46.52.200 . . . . .
. Ch.
178, Sec.
5, 1st Ex. Sess.
5/14/79
46.52.210 . . . . .
. Ch.
178, Sec.
6, 1st Ex. Sess.
5/14/79
46.61.021 . . . . .
. Ch.
136, Sec..
4, 1st Ex. Sess.
1/1/81
46.61.022 . . . . .
. Ch.
136, Sec.
5, 1st Ex. Sess.
1/1/81
46.61.502 . . . . .
. Ch.
176, Sec.
1, 1st Ex. Sess.
9/1/79
46.61.504 . . . . .
. Ch.
176, Sec.
2, 1st Ex. Sess.
9/1/79
46.61.590 . . . . .
. Ch.
178, Sec.
1, 1st Ex. Sess.
5/14/79
46.61.710 . . . . .
. Ch.
213, Sec.
8, 1st Ex. Sess.
9/1/79
46.61.720 . . . . .
. Ch.
213, Sec.
9, 1st Ex. Sess.
9/1/79
46.63.010 . . . . .
. Ch.
136, Sec.
1, 1st Ex. Sess.
1/1/81
46.63.020 . . . . .
. Ch.
136, Sec.
2, 1st Ex. Sess.
1/1/81
46.63.030 . . . . .
. Ch.
136, Sec.
3, 1st Ex. Sess.
1/1/81
46.63.040 . . . . .
. Ch.
136, Sec.
6, 1st Ex. Sess.
1/1/81
46.63.060 . . .
Ch.
136, Sec.
8, 1st Ex. Sess.
1/1/81
46.63.070 . . . . .
. Ch.
136, Sec.
9, 1st Ex. Sess.
1/1/81
46.63.080 . . . . .
. Ch.
136, Sec.
10, 1st Ex. Sess.
1/1/81
46.63.090 . . . . .
. Ch.
136, Sec.
11, 1st Ex. Sess.
1/1/81
46.63.100 . . . . .
. Ch.
136, Sec.
12, 1st Ex. Sess.
1/1/81
46.63.110 . . . . .
. Ch.
136, Sec.
13, 1st Ex. Sess.
1/1/81
46.63.120 . . . . .
. Ch.
136, Sec.
14, 1st Ex. Sess.
1/1/81
* The enactment of Ch. 136,
Laws of
1979, 1st
Ex. Sess. will make the violation of
most motor vehicle offenses a civil
traffic infraction. The original
effective date
of this chapter was July 1,
1980. However, the
effective date of
Ch. 136, Laws
of 1979, 1st Ex. Sess. was
changed
to January
1, 1981 by Ch. 128,
Laws of 1980.
Therefore we have included
the new
effective date for Ch. 136, Laws of 1979, 1st
Ex. Sess. on this list.
11
V1. 'I'ne following traffic statutes relate to the disposition of abandoned vehicles
and were adopted by reference in the Washington MTO by Ch. 65, Laws of 1980:
RCW Section Adopted
by Reference in the
IViTO
RCW 46.52.104
46.52.106
46.52.108
46.52.111
46.52.112
46.52.113
46.52.114
46.52.116
46.52.117
46.52.118
46.52.1192
46.52.1194
46.52.1196
46.52.1198
46.52.160
46.61.565
VII. The following traffic statutes relating to abandoned vehicles were eliminated
from the Washington MTO by Ch. 65, Laws of 1980 because they were somewhat
inconsistent with the new statutes relating to abandoned vehicles that were
enacted at the 1979 legislative sessions:
12
Chapter and Section from
1980 Regular Session that
Effective Date
repealed the corresponding
Page(s) on which repealed
of Repeal of
RCW Section
RCW Section in the left-
RCW Section is located in
RCW Section in
Repealed
hand column
Info. Bull. No. 367
left-hand column
46.90.330
Ch. 65, Sec. 9 . .
. . . . 6-7 . . .
. . 6/12/80
46.90.350
Ch. 65, Sec. 9 . .
. . . . 7-8 . . .
. . 6/12/80
46.90.355
Ch. 65, Sec. 9 . .
. . . . 8 . . . .
. . 6/12/80
46.90.360
Ch. 65, Sec. 9 . .
. . . . 8 . . . .
. . 6/12/80
46.90.365
Ch. 65, Sec. 9 . .
. . . . 8 . . . .
. . 6/12/80
46.90.370
Ch. 65, Sec. 9 . .
. . . . 8-9 . . .
. . 6/12/80
46.90.380
Ch. 65, Sec. 9 . . .
. . . 9 . . . .
. . 6/12/80
12
VIII. The
following
RCW Sections that
have been
adopted by reference in the
Washington MTO have
been amended by the
Regular Session
of the 1980
Legislature:
However, the effective
date of Ch. 136, Laws
of 1979, 1st Ex. Sess. was
changed
to January 1, 1981
by
Ch. 128, Laws of 1980.
Therefore we have included
the new
effective date for
Page(s) on which amended
136, Laws of 1979, 1st
Ex. Sess. on this list.
Chapter and Section
from
RCW Section is located
Effective Date
1980 Regular
Session that
either in
Info. Bull. No.
of Amendment
amended
the corresponding
367 or in
Supp. I to Info.
to RCW Section
RCW Section RCW Section
in
the left-
Bull. No.
367 or in Supp.
in left-hand
Amended
hand column
II to Info.
Bull. No. 367*
column**
46.16.500
Ch.
104, Sec.
3 . .
. . . .
31 . . . .
. . 6/12/80
46.20.342
Ch.
148, Sec.
3 . .
. . . .
34-35 . . .
. . 1/1/81
46.20.440
Ch.
114, Sec.
1 . .
. . . .
36 . . . .
. . 6/12/80
46.37.600
Ch.
104, Sec.
4 . .
. . . .
53 . . . .
. . 6/12/80
46.44.120
Ch.
104, Sec.
2 . .
. . . .
63 . . . .
. . 6/12/80
46.44.170
Ch.
152, Sec.
1 . .
. . I
39 of Supp. II
. 4/1/80
46.48.170
Ch.
20, Sec.
1 . .
. . . .
63-64 . . .
. . 6/12/80
46.52.020
Ch.
97, Sec.
1 . .
. . . .
6-7 of Supp. I
. . 7/1/80
46.61.600
Ch.
97, Sec.
2 . .
. . . .
82 . . . .
. . 7/1/80
46.63.020
Ch.
148, Sec.
7 . .
. . . .
. . . . .
. . 1/1/81
46.63.030
Ch.
128, Sec.
10 . .
. . . .
. . . . .
. . 1/1/81
46.63.060
Ch.
128, Sec.
1 . .
. . . .
. . . . .
. . 1/1/81
46.63.070
Ch.
128, Sec.
2 . .
. . . .
. . . . .
. . 1/1/81
46.63.090
Ch.
128, Sec.
3 . .
. . . .
. . . . .
. . 1/1/81
46.63.110
Ch.
128, Sec.
4 . .
. . . .
. . . . .
. . 1/1/81
46.64.020
Ch.
128, Sec.
8 . .
. . .
85 . . . .
. . 1/1/81
46.90.710
Ch.
128, Sec.
15 . .
. . . .
14 . . . .
. . 1/1/81
70.84.020
Ch.
109, Sec.
2 . .
. . . .
94 . . . .
. . 6/12/80
70.84.040
Ch.
109, Sec.
4 . .
. . . .
94 . . . . .
. 6/12/80
* Supp. I refers to Supplement I to Information Bulletin No. 367, dated June 1, 1976
and Supp. II refers to Supplement No. II to Information Bulletin No. 367, dated
August 1978. A reference to a page number alone refers to Information Bulletin
No. 367.
**The enactment of Ch. 136,
Laws of
1979, 1st Ex. Sess.
will make the violation of
most motor vehicle offenses a civil
traffic infraction.
The
original effective date
of this chapter was July 1,
1980.
However, the effective
date of Ch. 136, Laws
of 1979, 1st Ex. Sess. was
changed
to January 1, 1981
by
Ch. 128, Laws of 1980.
Therefore we have included
the new
effective date for
Ch.
136, Laws of 1979, 1st
Ex. Sess. on this list.
13
IX. The following new traffic statutes that were enacted at the Regular Session of
the 1980 Legislature will be recommended for adoption by reference in the
Washington MTO at the 1981 Session of the Legislature:
New traffic
statutes enacted
Chapter and Section from 1980
Effective Date
at the 1980
Legislative Session
Regular Session that enacted
of RCW Section
that will be
recommended for
the corresponding RCW Section
in left-hand
adoption by
reference in the MTO
in the left-hand column
column
RCW
46.44.180 . . . .
. . Ch. 153, Sec. 3 . . .
. . 6/12/80
46.63.130 . . . . .
. Ch. 128, Sec. 5 . . .
. . 1/1/81
46.63.140 . . . .
. . Ch. 128, Sec. 11 . . .
. . 1/1/81
46.63.150 . . . . .
. Ch. 128, Sec. 13 . . .
. . 1/1/81
14
X.
ACTION TO BE TAKEN IN VIEW OF THE FOREGOING
RCW 46.90.010 provides that the addition of any new section, or the amendment or
repeal of any section of the MTO by the State Legislature also automatically serves
to amend any municipal ordinance which has adopted by reference the MTO or any
part of the MTO. It is therefore not necessary for a city or town to take any
legislative action in regard to the above -outlined amendments, repeals and additions
to the Washington MTO unless a city or town desires to exclude any of the new
sections or amendments from the city's MTO. However, in order to maintain an
accurate record of the statutes in the Washington MTO as it is currently comprised
on file with the city or town clerk, the action indicated below is required by local
officials. The following sections are numbered with Roman numerals that correspond
to the Roman numerals used in the lists above. Therefore, in order to determine what
action should be taken for the list of statutes under Roman Numerals I through X
above, it is necessary to check the corresponding textual discussion below under Roman
Numerals I through X.
I. In regard to the statutes referred to above under Roman Numeral No. I, this
contains a list of RCW sections that previously had been adopted by reference in the
Washington MTO which have been amended at either the Regular or First Extraordinary
Session of the 1979 Legislature, an "X" should be placed through the RCW Sections
on the pages indicated on which they appear either in Information Bulletin No. 367,
or in Supplement I to Information Bulletin No. 367 or in Supplement II to Information
Bulletin No. 367. This Bulletin and the Supplements should be on file with the city
or town clerk. The text of these RCW statutes in their amended form is included in
this Supplement. In order to comply with the adoption by reference statutes (RCW
35.21.180, 35A.12.140, and 35A.13.180), cities and towns should file at least three
copies of Supplement III for use and examination by the public. These copies may be
obtained from the Municipal Research and Services Center of Washington.
Attention: Publications Clerk.
H. In regard to the statutes referred to above under Roman Numeral No. II, this
contains a list of RCW sections that previously had been a part of the actual text of
the Model Traffic Ordinance (Ch. 46.90 RCW) which were amended at either the 1979
Regular or First Extraordinary Session of the Legislature, an "X" should be placed
through the RCW Sections on the pages on which they appear in Information Bulletin
No. 367, which should be on file with the city or town clerk. The text of these RCW
statutes as they were amended by the 1979 Legislature is included in this Supplement.
By filing three copies of Supplement III to Information Bulletin No. 367 in the office
of the city or town clerk to be used and examined by the public, this will serve to
comply with the adoption by reference statutes.
III. In regard to the statutes referred to above under Roman Numeral No. III, this
contains a list of RCW sections that previously had been adopted by reference in the
Washington MTO which were repealed at either the 1979 Regular or First Extraordinary
Session of the Legislature, an "X" should be placed through the RCW Sections on the
pages on which they appear in either Information Bulletin No. 367 or in Supplement I
to Information Bulletin No. 367 that are on file with the city or town clerk.
( IV. In regard to the statutes referred to above under Roman Numeral No. IV, this
contains a list of traffic statutes enacted at the 1977 First Extraordinary Session of
the Legislature which were adopted by reference in the Washington MTO by Ch. 65,
15
Laws of 1980, Regular Session, that became effective on June 12, 1980. As indicated
above, each municipality which has adopted the Washington MTO will have its own
MTO ordinance amended automatically so as to be in conformity with the MTO as
now amended. No amendment to the municipal traffic ordinance would be necessary
unless a municipality desires to exclude certain of these traffic statutes from the
city's MTO.
As indicated above, three copies of Supplement III to Information Bulletin No. 367
should be filed in the office of the city or town clerk in order that interested citizens
may know what the current MTO contains.
V. In regard to the statutes referred to above under Roman Numeral No. V, this
contains a list of traffic statutes enacted at the 1979 First Extraordinary Session of
the Legislature which were adopted by reference in the Washington MTO by Ch. 65,
Laws of 1980, Regular Session, which will become effective on June 12, 1980. Each
municipality which has adopted the Washington MTO will have its own MTO ordinance
automatically amended so as to be in conformity with the MTO as amended by Ch.
65, Laws of 1980, Regular Session. No amendment to the municipal traffic ordinance
would be required unless a municipality desires to exclude certain of these additional
traffic statutes from the city's MTO.
VI. In regard to the statutes referred to above under Roman Numeral No. VI, this
contains a list of traffic statutes that relate to the disposition of abandoned vehicles
which were adopted by reference in the Washington MTO by Ch. 65, Laws of 1980,
Regular Session, which will become effective on June 12, 1980. Each municipality
which has adopted the Washington MTO will have its own MTO ordinance automatically
amended so as to be in conformity with the MTO as amended by Ch. 65, Laws of
1980, Regular Session. No amendment to the municipal traffic ordinance would be
required unless a municipality desires to exclude certain of these traffic statutes from
the city's MTO.
Prior to the 1979 legislative enactments regarding the disposition and removal of motor
vehicles, there had been a number of judicial decisions involving due process questions
concerning the disposition of abandoned vehicles. These due process concerns prompted
the legislature to enact Ch. 178, Laws of 1979, 1st Ex. Sess. which provides procedures
for law enforcement agencies and registered disposers to follow when handling and
disposing of abandoned vehicles. Some of the provisions of said Chapter were included
in the. MTO (See the statutes under Roman Numeral No. V above) so that the provisions
in the MTO relating to abandoned vehicles would be in conformity with the state law.
However, in order to have complete procedures in the MTO relating to abandoned
vehicles, it was necessary to adopt some statutes relating to abandoned vehicles in
addition to those enacted at the 1979 legislative session. These additional statutes
are contained under Roman Numeral VI.
VII. In regard to the statutes referred to above under Roman Numeral No. VII, this
contains a list of traffic statutes relating to abandoned vehicles that were removed
from the Washington MTO by Ch. 65, Laws of 1980, Regular Session because these
statutes were somewhat inconsistent with the new statutes relating to abandoned
vehicles that were enacted at the 1979 legislative sessions. An "X" should be placed
through the RCW Sections on the pages indicated on which they appear in Information
Bulletin No. 367 that are on file with the city or town clerk.
16
The statutes in this section which are being removed from the MTO all relate to the
handling and disposition of abandoned vehicles. The reason that these statutes are
being removed from the MTO is because some of the provisions in these statutes are
inconsistent with the new statutes incorporated into the MTO that provide for the
disposition of abandoned vehicles. Also, the procedures outlined in the statutes in this
section which are being removed from the MTO do not necessarily satisfy the due
process requirements now being mandated by the courts for the disposition of abandoned
vehicles. Accordingly, to eliminate possible inconsistent provisions in the MTO and to
eliminate possibly constitutionally suspect procedures, the statutes contained in the list
under Roman Numeral No. VII were removed from the MTO.
VIII. In regard to the statutes referred to above under Roman Numeral No. VIII, this
contains a list of RCW Sections that previously had been adopted by reference in the
Washington MTO which have been amended at the Regular Session of the 1980
Legislature, an "X" should be placed through the RCW Sections on the pages indicated
on which they appear either in Information Bulletin No. 367 or in Supplement I to
Information Bulletin No. 367 or in Supplement II to Information Bulletin No. 367. The
text of these RCW statutes in their amended form is included in this Supplement. It
is to be noted that six statutes contained under Roman Numeral No. VIII, 46.63.020
-46.63.110, do not appear in any of the previous Information Bulletins or Supplements
since these statutes were only enacted at the First Extraordinary Session of the 1979
Legislature. Therefore, it is not necessary to "X" out any previous version of these
statutes.
IX. In regard to the new motor vehicle (traffic) statutes referred to above under
( Roman Numeral No. IX, a bill will be prepared for introduction in the 1981 session
of the legislature which will provide for amending the MTO by adopting by reference
these new motor vehicle statutes. This bill will contain the new traffic statutes that
were enacted at the Regular Session of the 1980 Legislature. If this bill is enacted
at the 1981 Session of the Legislature, then because of RCW 46.90.010 of the MTO,
each municipality which has adopted the MTO would have its own ordinance
automatically amended so as to be in conformity with that bill as enacted by the
legislature. No amendment to the municipal traffic ordinance would be required unless
a municipality elects not to include certain of these additional motor vehicle statutes
in its MTO.
An alternative course of action for a city if it does not desire to wait for the legislature
to enact this bill, would be to amend its traffic ordinance, assuming that it has enacted
an ordinance adopting the Washington MTO, to adopt by reference the new traffic
statutes listed above under Roman Numeral No. IX that were enacted at the 1980
legislative session. Three copies of these new traffic statutes thus adopted by reference
under this course of action would have to be filed with the city or town clerk.
17
XI.
TEXT OF RCW SECTIONS AS AMENDED BY EITHER THE 1979 REGULAR
OR FIRST EXTRAORDINARY SESSION OF THE LEGISLATURE, WHICH
RCW SECTIONS HAD BEEN PREVIOUSLY ADOPTED BY REFERENCE
IN THE WASHINGTON MODEL TRAFFIC ORDINANCE (CH. 46.90 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.]
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, 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.]
46.04.330 Motorcycle. "Motorcycle" means every
motor vehicle having a saddle for the use of the rider
and designed to travel on not more than three wheels in
contact with the ground, but excluding a farm tractor
and a moped. [1979 1st 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, 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, part.]
46.04.332 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 prime mover, as measured
by a brake applied to the driving shaft). A motor -driven
cycle does not include a moped. [ 1979 I st ex.s. c 213 §
3; 1963 c 154 § 28.]
18
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 provi-
sions of chapter 46.65 RCW the invalidation may last
for a period to exceed one calendar year. [ 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.]
46.04.530 Semitrailer. "Semitrailer" includes every
vehicle without motive power designed to be drawn by a
vehicle, motor vehicle, or truck tractor and so con-
structed that an appreciable part of its weight and that
of its load rests upon and is carried by such other vehi-
cle, motor vehicle, or truck tractor. [1979 1st 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.]
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, excepting
devices moved by human or animal power or used ex-
clusively upon stationary rails or tracks, except that mo-
peds shall be considered vehicles or motor vehicles for
the purposes of chapter 46.12 RCW, but not for the
purposes of chapter 46.70 RCW. [ 1979 1st 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.]
46.04.690 Department. The term "department" shall
mean the department of licensing unless a different de-
partment is specified. [1979 c 158 § 126; 1975 c 25-§ 4.]
46.04.695 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.]
46.12.080 Procedure on installation of different mo-
tor Penalty. Any person holding the certificate of li-
cense registration 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 regis-
tration 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 registra-
tion and a fee of one dollar, and a statement of the dis-
position 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 ev-
idence of a violation of the provisions of this chapter and
shall constitute a misdemeanor. [1979 1st 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).]
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 § 2.1
46.12.350 Serial or identification numbers of vehi-
cles, watercraft, campers, or parts Assignment of
new 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 depart-
ment 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; 1975–'76 2nd ex.s. c 91 § 6.]
19
46.16.025 Identification device for exempt farm vehi-
cles 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 li-
censing 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:
(1) 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 submit-
ted 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 distrib-
uted proportionately as otherwise provided for vehicle li-
cense 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 re-
voked for misuse, or when such vehicle no longer is used
as a farm vehicle. [ 1979 c 158. § 139; 1967 c 202 § 3.]
46.16.135 Monthly tonnage license—Penalty.
Tonnage for any vehicle or
combination of vehicles having a declared gross weight
of twelve thousand pounds or more may be purchased
for any full registration month or months at one–twelfth
of the usual annual tonnage fee multiplied by the num-
ber of full months for which tonnage is purchased. An
additional fee of two dollars shall be charged by the di-
rector each time tonnage is purchased. The director is
authorized to establish rules and regulations relative to
the issuance and display of certificates or insignia.
Any person who operates a vehicle licensed under the
provisions of this section upon the public highways after
the expiration of the monthly tonnage license, is guilty
of a misdemeanor, and in addition shall be required to
purchase a tonnage license for the vehicle involved at the
fee covering an entire registration year's operation
thereof, less the fees for any registration month or
months of the registration year already paid. If, within
five days, no tonnage license for a full registration year
has been purchased 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. [ 1979 c 134
§ 1; 1975-'76 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.]
(Effective until January 1, 1981)
46.16.135 Monthly tonnage license Penalty.
Tonnage for any vehicle or
combination of vehicles having a declared gross weight
of twelve thousand pounds or more may be purchased
for any full registration month or months at one -twelfth
of the usual annual tonnage fee multiplied by the num-
ber of full months for which tonnage is purchased. An
additional fee of two dollars shall be charged by the di-
rector each time tonnage is purchased. The director is
authorized to establish rules and regulations relative to
the issuance and display of certificates or insignia.
Operation of a vehicle licensed under the provisions of
this section by any person upon the public highways af-
ter the expiration of the monthly tonnage license, is a
traffic infraction, and in addition the person shall be re-
quired to purchase a tonnage license for the vehicle in-
volved at the fee covering an entire registration year's
operation thereof, less the fees for any registration
month or months of the registration year already paid.
If, within five days, no tonnage license for a full regis-
tration year has been purchased as required aforesaid,
the Washington state patrol, county sheriff, or city po-
lice 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.
[1979 Ist ex.s. c 136 § 46; 1979 c 134 § I; 1975-'76 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 - January 1, 1981)
46.16.140 Overloading licensed capacity—Addi-
tional
apacity Addi-
tional license Penalties. 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 auto stage, motor truck, trailer, pole
trailer, or semitrailer, with passengers, or with a maxi-
mum gross weight, in excess of that for which the vehi-
cle is licensed.
Any person who operates or causes to be operated
upon a public highway of this state any motor truck,
trailer, pole trailer, or semitrailer 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 maximum gross weight,
and any failure to secure such new license is a traffic
infraction: Provided, That this section shall not apply to
for hire vehicles or auto stages operating principally
within cities and towns: Provided further, That upon
surrender of the license originally purchased the director
shall allow proper credit for the gross weight fee origi-
nally paid: Provided further, That no such person may
be permitted or required to purchase the new license
upon a gross weight which would exceed the maximum
gross weight allowed by law. [1979 1st 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.]
(Effective - January 1, 1981)
46.16.145 Overloading licensed capacity Penal-
ties. Any person violating any of
the provisions of RCW 46.16.140 shall, upon a first of-
fense, 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 dol-
lars nor more than two hundred dollars, and in addition
the court shall suspend the certificate of license regis-
tration of the vehicle for not less than thirty days nor
more than ninety days.
Upon ordering the suspension of any certificate of li-
cense registration, the court or judge shall forthwith se-
cure such certificate and mail it to the director. [1979
1 st ex.s. c 136 § 48; 1975-'76 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.]
20
(Effective - January 1, 1981)
46.16.260 License registration certificate/maximum
gross "eight license—Signature required—Carried
in ►ehicle— Pena lty 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 offi-
cers 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 director. It shall be unlawful
for any person to operate or have in his possession a ve-
hicle without carrying thereon such certificate of license
registration and/or maximum gross weight license as
herein provided. 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 depart-
ment, permit an inspection of such certificate of license
registration and/or maximum gross weight license. This
section does not apply to a vehicle for which annual re-
newal of its license number plates is not required and
which is marked in accordance with the provisions of
RCW 46.08.065. [ 1979 1st ex.s. c 113 § 3; 1969 ex.s. 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.]
46.16.380 Cards and decals for certain disabled persons --- Quell-
fications—Transfer of vehicle--Rules---Penalty (as amended by
1979 1st ex.s. a 7). Any person who
shall submit satisfactory proof to the director that he or she has lost
both of his or her lower extremities, or who has lost the normal or full
use thereof, or who is so severely disabled as to be unable to move
without the aid of crutches or a wheelchair or who has lost both hands,
or who suffers from lung disease to such an extent that forced expir-
atory respiratory volume, when measured by spirometry, is less than
one liter per second, shall be entitled to receive a special card to be left
in a vehicle in a conspicuous place, bearing distinguishing marks, let-
ters or numerals indicating that the vehicle is being used to transport
such a privileged person. Such a privileged person shall also be entitled
to receive for one motor vehicle only, a special decal to be affixed to
the vehicle in a conspicuous place designated by the director, bearing
distinguishing marks, letters or numerals indicating that the vehicle is
owned by or primarily used for such a privileged person. Whenever
such owner transfers or assigns his interest in such vehicle, the special
decal shall be removed. Such person shall immediately surrender the
decal to the director together with a notice of the transfer of interest in
such vehicle. If another vehicle is acquired by, or for the primary use
of, such person, a new decal shall be issued by the director. Applica-
tion for renewal, except for the permanently disabled who shall be is-
sued a permanent card, must be made by January 10th of each
renewal year together with satisfactory proof of the right to continued
use of such special card and decal. No addit;onal fees shall be charged
for the issuance of such special card and decal. The director shall pro-
mulgate such rules and regulations as he deems necessary to carry into
effect this section.
Any unauthorized use of such distinguishing card and decal shall
constitute a gross misdemeanor. [1979 1st ex.s. c 7 § 1; 1975-'76 2nd
ex.s. c 102 § 1; 1975 Ist exs. c 297 § 1; 1967 c 32 § 26; 1961 c 128 §
1.)
(Effective until January 1, 1981)
46.16.380 License plates, cards, and decals for certain disabled
persons—Qualifications—Transfer of vehicle —Rules--N-ko-
lations, penalties- and defense (as amended by 1979 1st ex -S. c 24
Any person who shall submit satisfactory
proof to the director that he or she has lost both of his or her lower
extremities, or who has lost the normal or full use thereof, or who is so
severely disabled as to be unable to move without the aid of crutches
or a wheelchair or who has lost both hands, shall be entitled to receive
a special card to be left in a vehicle in a conspicuous place, bearing
distinguishing marks, letters or numerals indicating that the vehicle is
being used to transport such a privileged person. Such a privileged
person shall also be entitled to receive for one motor vehicle only, a
special decal to be affixed to the vehicle in a conspicuous place desig-
nated by the director, bearing distinguishing marks, letters or numerals
indicating that the vehicle is owned by or primarily used for such a
privileged person. Vehicles displaying the special license plate, card or
decal shall be entitled to use parking places otherwise reserved for
physically disabled persons pursuant to chapter 70.92 RCW, or au-
thority implemental thereof. Whenever such owner transfers or assigns
his interest in such vehicle, the special decal shall be removed. Such
person shall immediately surrender the decal to the director together
with a notice of the transfer of interest in such vehicle. If another ve-
hicle is acquired by, or for the primary use of, such person, a new de-
cal shall be issued by the director. Application for renewal, except for
the permanently disabled who shall be issued a permanent card, must
be made by January 10th of each renewal year together with satisfac-
tory proof of the right to continued use of such special card and decal.
No additional fees shall be charged for the issuance of such special
card and decal. The director shall promulgate such rules and regula-
tions as he deems necessary to carry into effect this section.
Any unauthorized use of such distinguishing license plate, card or
decal shall constitute a gross misdemeanor.
Any person parking a vehicle in a parking place reserved for physi-
cally disabled persons pursuant to chapter 70.92 RCW, or authority
implemental thereof, without a special license plate, card or decal as in
this section provided, shall be guilty of a misdemeanor: Provided, That
a person charged with a violation hereof shall not be convicted if he
produces in court or prior to the court appearance the special license
plate, special card or special decal required hereunder or demonstrates
he was entitled to the same at the time of being ticketed. 11979 1st
ex.s. c 26 § 1; 1975-'76 2nd ex.s. c 102 § 1; 1975 1st ex.s. c 297 § 1;
1967c32§26;1961c128§1.1
21
(Effective until January 1, 1981
46.16.380 Card-% decals, or special license plates for eertr<In dls-
abled persons---qualifications--Transfer of vehicle—Fees--
Rules- Penalty (as amended by 1979 lot tx.s. c 27).
Any person who submits satisfactory proof to the direc-
tor
ireo-for that he or she has lost both of his or her lower extremities, or has
lost the normal or full use thereof, or is so severely disabled as to be
unable to move without the aid of crutches or a wheelchair, or has lost
both hands, shall be entitled to receive a special card to be left in a
vehicle in a conspicuous place, bearing distinguishing marks, letters, or
numerals indicating that the vehicle is being used to transport such a
disabled person. Such a disabled person shall also be entitled to receive
for one motor vehicle only, a special decal to be affixed to the vehicle
in a conspicuous place designated by the director, bearing distinguish-
ing marks, letters, or numerals indicating that the vehicle is owned by
or primarily used for such a disabled person. The disabled person is
also entitled to receive, in lieu of the decal and regular motor vehicle
license plates, special license plates bearing distinguishing marks, let-
ters, or numerals indicating that the vehicle is owned by such a dis-
abled person. Whenever the disabled person transfers or assigns his or
her interest in the vehicle, the special decals or license plates shall be
removed from the motor vehicle. Such person shall immediately sur-
render the decal to the director together with a notice of the transfer of
interest in such vehicle. If another vehicle is acquired by, or for the
primary use of, the disabled person, a new decal shall be issued by the
director. Application for renewal, except for the permanently disabled
who shall be issued a permanent card, must be made by January 10th
of each renewal year together with satisfactory proof of the right to
continued use of such special card and decal. If anotter vehicle is ac-
quired by the disabled person and special plates are used, they shall be
attached to the vehicle, and the director shall be immediately notified
of the transfer of plates. if another vehicle is not acquired by the dis-
abled person, the removed plates shall be immediately forwarded to the
director to be reissued later upon payment of the regular registration
fee.
The special license plates 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 is permanently dis-
abled under this section shall be issued a permanent card. A person
who is temporarily disabled under this section shall be issued a tem-
porary card which shall be renewed, at such times as the director may
require, by satisfactory proof of the right to continued use of the card.
No additional fees shall be charged for the issuance of the special
card and decal, and, at the time the vehicle is originally licensed in this
state, 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 initial registration of a
motor vehicle. On September 1, 1979, any disabled person who is enti-
tled to receive a special license plate under this section and who has
valid Washington state license plates for his or her motor vehicle shall
be entitled to receive special license plates upon payment of the fee
prescribed in RCW 46.16.270 and surrender of the existing plates.
The director shall promulgate such rules and regulations as he or
she deems necessary to carry into effect this section.
Any unauthorized use of the special card, the decal, or the special
license plate shall constitute a gross misdemeanor. (1979 1st ex.s. c 27
§ 1; 1975–'76 2nd ex.s. c 102 § 1; 1975 1st ex.s. c 297 § I; 1967 c 32 §
26; 1961 c 128 § l.)
(Effective until January 1, 1981)
46.16.380 Cards and decals for certain disabled persons-�uali-
ficatio.^s Transfer of tehicle— Rules —Penalty (as amended by
1979 1st ex.s. c 136). ('Delayed effective date.) Any person who shall
submit satisfactory proof to the director that he or she has lost both of
his or her lower extremities, or who has lost the normal or full use
thereof, or who is so severely disabled as to be unable to move without
the aid of crutches or a wheelchair or who has lost both hands, shall be
entitled to receive a special card to be left in a vehicle in a conspicuous
place, bearing distinguishing marks, letters or numerals indicating that
the vehicle is being used to transport such a privileged person. Such a
privileged person shall also be entitled to receive for one motor vehicle
only, a special decal to be affixed to the vehicle in a conspicuous place
designated by the director, bearing distinguishing marks, letters or nu-
merals indicating that the vehicle is owned by or primarily used for
such a privileged person. Whenever such owner transfers or assigns his
interest in such vehicle, the special decal shall be removed. Such per-
son shall immediately surrender the decal to the director together with
a notice of the transfer of interest in such vehicle. If another vehicle is
acquired by, or for the primary use of, such person, a new decal shall
be issued by the director. Application for renewal, except for the per-
manently disabled who shall be issued a permanent card, must be
made by January 10th of each renewal year together with satisfactory
prool' of the right to continued use of such special card and decal. No
additional fees shall be charged for the issuance of such special card
and decal. The director shall promulgate such rules and regulations as
he deems necessary to carry into effect this section.
Any unauthorized use of such distinguishing card and decal is a
traffic infraction. [1979 1st ex.s. c 136 § 50; 1975–'76 2nd ex.s. c 102
§ 1; 1975 Ist ex.s, c 297 § 1; 1967 c 32 § 26; 1961 c 128 § 1.1
'Reviser's note: RCW 46.16.380 was amended four times during the
1979 first extraordinary session of the legislature, each without refer-
ence to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
(Effective - January 1, 1981)
46.16.380 License plates, cards, and decals for cer-
tain disabled persons --Qualifications Transfer of
vehicle —Fees—Rules—Violations, penalties and
defense (as amended and reenacted by 1979 1st ex.s. c
192). Any person who submits
satisfactory proof to the director that he or she has lost
both of his or her lower extremities, or has lost the nor-
mal or full use thereof, or is so severely disabled as to be
unable to move without the aid of crutches or a wheel-
chair, or has lost both hands, or who suffers from lung
disease to such an extent that forced expiratory respira-
tory volume, when measured by spirometry, is less than
one liter per second, shall be entitled to receive a special
card to be left in a vehicle in a conspicuous place, bear-
ing distinguishing marks, letters, or numerals indicating
that the vehicle is being used to transport such a dis-
abled person. Such a disabled person shall also be enti-
tled to receive for one motor vehicle only, a special decal
to be affixed to the vehicle in a conspicuous place desig-
nated by the director, bearing distinguishing marks, let-
ters, or numerals indicating that the vehicle is owned by
or primarily used for such a' -disabled person. The dis-
abled person is also entitled to receive, in lieu of the de-
cal and regular motor vehicle license plates, special
license plates bearing distinguishing marks, letters, or
numerals indicating that the vehicle is owned by such a
disabled person. Vehicles displaying the special license
plate, card, or decal shall be entitled to use parking
places otherwise reserved for physically disabled persons
pursuant to chapter 70.92 RCW, or authority imple-
mental thereof. Whenever the disabled person transfers
or assigns his or her interest in the vehicle, the special
decals or license plates shall be removed from the motor
22
vehicle. Such person shall immediately surrender the de-
cal to the director together with a notice of the transfer
of interest in such vehicle. If another vehicle is acquired
by, or for the primary use of, the disabled person, a new
decal shall be issued by the director. Application for re-
newal, except for the permanently disabled who shall be
issued a permanent card, must be made by January 10th
of each renewal year together with satisfactory proof of
the right to continued use of such special card and decal.
If another vehicle is acquired by the disabled person and
special plates are used, they shall be attached to the ve-
hicle, and the director shall be immediately notified of
the transfer of plates. If another vehicle is not acquired
by the disabled person, the removed plates shall be im-
mediately forwarded to the director to be reissued later
upon payment of the regular registration fee.
The special license plates shall be renewed in the same
manner and at the time required for the renewal of reg-
ular motor vehicle license plates under this chapter. No
special license plate may be issued to a person who is
temporarily disabled. A person who is permanently dis-
abled under this section shall be issued a permanent
card. A person who is temporarily disabled under this
section shall be issued a temporary card which shall be
renewed, at such times as the director may require, by
satisfactory proof of the right to continued use of the
card.
No additional fees shall be charged for the issuance of
the special card and decal, and, at the -time the vehicle is
originally licensed in this state, no additional fee may be
charged for the issuance of the special license plates ex-
cept the regular motor vehicle registration fee and any
other fees and taxes required to be paid upon initial reg-
istration of a motor vehicle. On July 1, 1980, any dis-
abled person who is entitled to receive a special license
plate under this section and who has valid 'Washington
state license plates for his or her motor vehicle shall be
entitled to receive special license plates upon payment of
the fee prescribed in RCW 46.16.270 and surrender of
the existing plates.
The director shall promulgate such rules and regula-
tions as he or she deems necessary to carry into effect
this section.
Any unauthorized use of the special card, the decal,
or the special license plate is a traffic infraction.
It is a traffic infraction for any person to park a vehi-
cle in a parking place reserved for physically disabled
persons pursuant to chapter 70.92 RCW, or :_authority
implemental thereof, without a special license plate,
card, or decal as in this section provided. A person
charged with a violation hereof shall not be determined
to have committed an infraction if he produces in court
or prior to the court appearance the special license plate,
special card, or special decal required hereunder or de-
monstrates he was entitled to the same at the time of
being ticketed. [1979 1st ex.s. c 192 § 6. Prior: 1979 1st
ex.s. c 136 § 50; 1979 1st ex.s. c 27 § 1; 1979 1st ex.s. c
26 § 1; 1979 1st ex.s. c 7 § 1; 1975-'76 2nd ex.s. c 102 §
1; 1975 1st ex.s. c 297 § 1; 1967 c 32 § 26; 1961 c 128 §
1.]
Reviser's note: The above version of RCW 46.16.380 incorporates
the various amendments of that section made by chapters 7, 26, 27,
and 136, Laws of 1979 1st ex.s. each without reference to the other.
For rule of construction concerning sections amended mom than
once at the same session, see RCW 1.12.025.
(Effective - January 1, 1981)
46.20.021 Driver's license required—Surrender of
license held from another jurisdiction Penalty
Other license not required. (1)
No person, except those hereinafter expressly exempted
shall drive any motor vehicle upon a highway in this
state unless such person has a valid driver's license is-
sued under the provisions of this chapter. No person
shall receive a driver's license unless and until he sur-
renders to the department all valid driver's licenses in his
possession issued to him by any other jurisdiction. All
surrendered licenses shall be returned by the department
to the issuing department together with information 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. Violation of the provisions of
this section is a misdemeanor.
(2) Any person licensed as a driver hereunder 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 exercisosuch privilege by any
county, municipal or local board, or body having au-
thority to adopt local police regulations. [1979 1st ex.s. c
136 § 53; 1965 ex.s. c 121 § 2.]
23
(Effective - January 1, 1981)
46.20.025 Persons exempt from licensing require-
ment. 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 immediate possession a valid driver's
license issued to him in his home state;
(3) A nonresident who is at least sixteen years of age
and who has in his immediate possession a valid driver's
license issued to him in his home country may operate a
motor vehicle in this state for a period not to exceed one
year;
(4) Any person operating special highway construc-
tion 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 inci-
dentally 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 dis-
play a driver's license to any law enforcement officer in
connection with the operation of a locomotive or train
within this state. [1979 c 75 § I; 1965 ex.s. c 121 § 3.1
46.20.041 Physically or mentally disabled per-
sons—Procedure—Restrictions—Violations—
Penalty.
estrictions ViolationsPenalty. (1) The depart-
ment shall permit any person suffering from any physi-
cal 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 ob-
tain 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 con-
fidential 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 notwith-
standing the provisions of chapter 42.17 RCW. The cer-
tificate may not be offered as evidence in any court
except when appeal is taken from the order of the direc-
tor suspending, revoking, canceling, or refusing a vehicle
driver's license.
(2) The department may issue a driver's license to
such a person imposing restrictions suitable to the licen-
see's driving ability with respect to the special mechani-
cal 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 re-
stricted 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 li-
cense 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 misdemeanor for any person to operate a
motor vehicle in any manner in violation of the restric-
tions imposed in a restricted license issued to him or her.
[1979 c 61 § 2; 1965 ex.s. c 121 § 5.]
(Effective until January 1, 1981)
46.20.041 Physically or mentally disabled per-
sons—Procedure—Restrictions—Violations—
Penalty.
rocedure Restrictions ViolationsPenalty. (1) The department
shall permit any person suffering from any physical or
mental disability or disease which may affect that per-
son'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 ob-
tain 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 con-
fidential 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 notwith-
standing the provisions of chapter 42.17 RCW. The cer-
tificate may not be offered as evidence in any court
except when appeal is taken from the order of the direc-
tor suspending, revoking, canceling, or refusing a vehicle
driver's license.
(2) The department may issue a driver's license to
such a person imposing restrictions suitable to the licen-
see's driving ability with respect to the special mechani-
cal 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 re-
stricted 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 li-
cense 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 re-
strictions imposed in a restricted license issued to him or
her. [ 1979 1st ex.s. c 136 § 54; 1979 c 61 § 2; 1965 ex.s.
c121§5.]
(Effective - January 1, 1981)
24
46.20.190 License to be in immediate possession and
displayed on demand. Every li-
censee 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 1st 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 - January 1, 1981)
46.20.308 Implied consent—Revocation, etc., for refusal to sub-
mit to chemical tests to determine alcoholic content of blood (as
amended by 1979 1st ex.s. c 176). (I) Any person who operates a mo-
tor vehicle upon the public highways of this state shall be deemed to
have given consent, subject to the provisions of RCW 46.61.506, to a
chemical test or tests of his breath or blood for the purpose of deter-
mining the alcoholic content of his 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 physi-
cal control of a motor vehicle while under the influence of intoxicating
liquor. The test or tests shall be administered at the direction of a law
enforcement officer having reasonable grounds to believe the person to
have been driving or in actual physical control of a motor vehicle upon
the public highways of this state while under the influence of intoxi-
cating liquor. Such officer shall inform the person of his right to refuse
the test, and of his right to have additional tests administered by any
qualified person of his choosing as provided in RCW 46.61.506. The
officer shall warn the driver that his privilege to drive will be revoked
or denied if he refuses to submit to the test. Unless the person to be
tested is unconscious, the chemical test administered shall be of his
breath only: Provided, That if an individual is under arrest for the
crime of negligent homicide by motor vehicle as provided in RCW 46-
.61.520, 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 an-
other person has been injured and there is a reasonable likelihood that
such other person may die as a result of injuries sustained in the acci-
dent, a breath or blood test may be administered without the consent
of the individual so arrested. In such circumstances, the provisions of
subsections (2) through (6) of *this section shall not apply.
(2) Any person who is dead, unconscious or who is otherwise in a
condition rendering him 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.
(3) If, following his arrest, the person arrested refuses upon the re-
quest of a law enforcement officer to submit to a chemical test of his
breath, after being informed that his refusal will result in the revoca-
tion or denial of his privilege to drive, no test shall be given. The de-
partment of licensing, upon the receipt of a sworn report of the law
enforcement officer that he had reasonable grounds to believe the ar-
rested person had been driving or was in actual physical control of a
motor vehicle upon the public highways of this state while under the
influence of intoxicating liquor and that the person had refused to
submit to the test upon the request of the law enforcement officer after
being informed that such refusal would result in the revocation or de-
nial of his privilege to drive, shall revoke his license or permit to drive
or any nonresident operating privilege. If the person is a resident with-
out a license or permit to operate a motor vehicle in this state, the de-
partment shall deny to the person the issuance of a license or permit
for a period of six months after the date of the alleged violation, sub-
ject to review as hereinafter provided.
(4) Upon revoking the license or permit to drive or the nonresident
operating privilege of any person, or upon determining that the issu-
ance of a license or permit shall be denied to the person, as hereinbe-
fore in this section directed, the department shall immediately notify
the person involved in writing by personal service or by registered or
certified mail of its decision and the grounds therefor, and of his right
to a hearing, specifying the steps he must take to obtain a hearing. The
person upon receiving such notice may, in writing and within ten days
therefrom request a formal hearing. Upon receipt of such request, the
department shall afford him an opportunity for a hearing as provided
in RCW 46.20.329 and 46.20.332. The scope of such hearing for the
purposes of this section shall cover the issues of whether a law en-
forcement officer had reasonable grounds to believe the person had
been driving or was in actual physical control of a motor vehicle upon
the public highways of this state while under the influence of intoxi-
cating liquor, whether the person was placed under arrest and whether
he refused to submit to the test upon request of the officer after having
been informed that such refusal would, result in the revocation or de-
nial of his privilege to drive. The department shall order that the revo-
cation or determination that there should be a denial of issuance either
be rescinded or sustained. Any decision by the department revoking a
person s driving privilege shall be stayed and shall not take effect while
a formal hearing is pending as herein provided or during the pendency
of a subsequent appeal to superior court: Provided, That this stay shall
be effective only so long as there is no conviction for a moving viola-
tion during pendency of the hearing and appeal.
(5) If the revocation or determination that there should be a denial
of issuance is sustained after such a hearing, the person whose license,
privilege or permit is so affected shall have the right to file a petition
in the superior court of the county wherein he resides, or, if a nonresi-
dent of this state, where the charge arose, to review the final order of
revocation or denial by the department in the manner provided in
RCW 46.20.334.
(6) 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 revoked, 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 has a li-
cense. (1979 Ist ex.s. c 176 § 3; 1979 c 158 § 151; 1975 1st ex.s. c 287
§ 4; 1969 c 1 § I (Initiative Measure No. 242 § 1).J
25
(Effective until January 1, 1981)
46.20.308 Implied consent—Revocation, etc., for refusal to sub-
mit to chemical tests to determine alcoholic content of blood (as
amended by 1979 1st ex.s. c 136). (1) Any
person who operates a motor vehicle upon the public highways of this
state shall be deemed to have given consent, subject to the provisions
of RCW 46.61.506, to a chemical test or tests of his breath or blood
for the purpose of determining the alcoholic content of his blood if ar-
rested for ani 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 the
influence of intoxicating liquor. The test or tests shall be administered
at the direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in actual physical
control of a motor vehicle upon the public highways of this state while
under the influence of intoxicating liquor. Such officer shall inform the
person of his right to refuse the test, and of his right to have additional
tests administered by any qualified person of his choosing as provided
in RC«' 46.61.506. The officer shall warn the driver that his privilege
to drive will be revoked or denied if he refuses to submit to the test.
Unless the person to be tested is unconscious, the chemical test admin-
istered shall be of his breath only: Provided, That if an individual is
under arrest for the crime of negligent homicide by motor vehicle as
provided in RCW 46.61.520, 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 46.61.506, which arrest results from an ac-
cident in which another person has been injured and there is a reason-
able likelihood that such other person may die as a result of injuries
sustained in the accident, a breath or blood test may be administered
without the consent of the individual so arrested. In such circum-
stances, the provisions of subsections (2) through (6) of 'this section
shall not apply.
(2) Any person who is dead, unconscious, or who is otherwise in a
condition rendering him 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.
(3) If, following his arrest, the person arrested refuses upon the re-
quest of a law enforcement officer to submit to a chemical test of his
breath, after being informed that his refusal will result in the revoca-
tion or denial of his privilege to drive, no test shall be given. The de-
partment of licensing, upon the receipt of a sworn report of the law
enforcement officer that he had reasonable grounds to believe the ar-
rested person had been driving or was in actual physical control of a
motor vehicle upon the public highways of this state while under the
influence of intoxicating liquor and that the person had refused to
submit to the test upon the request of the law enforcement officer after
being informed that such refusal would result in the revocation or de-
nial of his privilege to drive, shall revoke his license or permit to drive
or any nonresident operating privilege. If the person is a resident with-
out a license or permit to operate a motor vehicle in this state, the de-
partment shall deny to the person the issuance of a license or permit
for a period of six months after the date of the alleged violation, sub-
ject to review as hereinafter provided.
(4) Upon revoking the license or permit to drive or the nonresident
operating privilege of any person, or upon determining that the issu-
ance of a license or permit shall be denied to the person, as hereinbe-
fore in this section directed, the department shall immediately notify
the person involved in writing by personal service or by registered or
certified mail of its decision and the grounds therefor, and of his right
to a hearing, specifying the steps he must take to obtain a hearing. The
person upon receiving such notice may, in writing and within ten days
therefrom request a formal hearing. Upon receipt of such request, the
department shall afford him an opportunity for a hearing as provided
in RCW 46.20.329 and 46.20.332. The scope of such hearing for the
purposes of this section shall cover the issues of whether a law en-
forcement officer had reasonable grounds to believe the person had
been driving or was in actual physical control of a motor vehicle upon
the public highways of this state while under the influence of intoxi-
cating liquor, whether the person was placed under arrest and whether
he refused to submit to the test upon request of the officer after having
been informed that such refusal would result in the revocation or de-
nial of his privilege to drive. The department shall order that the revo-
cation or determination that there should be a denial of issuance either
be rescinded or sustained. Any decision by the department revoking a
person's driving privilege shall be stayed and shall not take effect while
a formal hearing is pending as herein provided or during the pendency
of a subsequent appeal to superior court: Provided, That this stay shall
be effective only so long as there is no conviction for a moving viola-
tion or no finding that the person has committed a traffic infraction
which is a moving violation during pendency of the hearing and appeal.
(5) If the revocation or determination that there should be a denial
of issuance is sustained after such a hearing, the person whose license,
privilege, or permit is so affected shall have the right to file a petition
in the superior court of the county wherein he resides, or, if a nonresi-
dent of this state, where the charge arose, to review the final order of
revocation or denial by the department in the manner provided in
RCW 46.20.334.
(6) 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 revoked, 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 has a li-
cense. [1979 1st ex.s. c 136 § 59; 1979 c 158 § 151; 1975 1st ex.s. c
287 § 4; 1969 c I § I (Initiative Measure No. 242 § 1)]
Reviser's note: (1) RCW 46.20.308 was amended twice during the
1979 first extraordinary session of the legislature, each without refer-
ence to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
•(2) In the last sentence of subsection (1), "this section" is herein
substituted for "section 5 of this 1975 amendatory act," thereby cor-
recting this internal reference consistent with the action of the legisla-
ture which deleted section 1 of the bill and renumbered the remaining
sections accordingly.
(Effective - January 1, 1981)
46.20.342 Driving while license suspended or revoked—Pen-
alty—Extension of suspension or revocation period (as amended by
1979 1st ex.s. c 74). (1) Any person who drives a motor vehicle on ani
public highway of this state at a time when his privilege so to do is
suspended or revoked in this or any other state or when his policy of
insurance or bond, when required under this chapter, shall have beer.
canceled or terminated, shall be guilty of a misdemeanor. Upon the
first conviction therefor, he shall be punished by imprisonment for not
less than ten days nor more than six months. Upon the second such
conviction therefor, he shall be punished by imprisonment for not less
than ninety days nor more than one year. Upon the third such convic-
tion therefor, he shall be punished by imprisonment for one year.
There may also be imposed in connection with each such conviction a
fine of not more than five hundred dollars.
(2) The department 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 upon a charge of driving a vehicle while the license of such
person is under suspension shall extend the period of such suspension
for an additional like period and if the conviction was upon a charge of
driving while a license was revoked the department shall not issue a
new license for an additional period of one year from .and after the
date such person would otherwise have been entitled to apply for a new
license. [1979 1st 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.]
(Effective until January 1, 1981)
46.20.342 Driving while license suspended or revoked—Pen-
alty—Extension of suspension or revocation period (as amended by
1979 1st ex.& c 134 (l) Any person who
drives a motor vehicle on any public highway of this state at a time
when his privilege so to do is suspended or revoked or when his policy
of insurance or bond, when required under this chapter, shall have
been canceled or terminated, shall be guilty of a misdemeanor: Pro-
vided, That the offenses described in RCW 46.20.021 and 46.20.190,
as now or hereafter amended, are lesser included offenses within the
offense described by this section. Upon the first conviction therefor, he
shall be punished by imprisonment for not less than ten days nor more
than six months. Upon the second such conviction therefor, he shall be
punished by imprisonment for not less than ninety days nor more than
one year. Upon the third such conviction therefor, he shall be punished
by imprisonment for one year. There may also be imposed in connec-
tion with each such conviction a fine of not more than five hundred
dollars.
26
(2) The department upon receiving a record of conviction of any
person or upon receiving an order by any juvenile court or any duly
authoriz:d court officer of the conviction of any juvenile under this
section upon a charge of driving a vehicle while the license of such
person is under suspension shall extend the period of such suspension
for an additional like period and if the conviction was upon a charge of
driving while a license was revoked the department shall not issue a
new license for an additional period of one year from and after the
date such person would otherwise have been entitled to apply for a new
license. [1979 1st ex.s. c 136 § 62; 1969 c 27 § 2. Prior: 1967 ex.s. c
145 § 52; 1967 c 167 § 7; 1965 ex.s. c 121 § 43.]
Reviser's note: RCW 46.20.342 was amended twice during the 1979
first extraordinary session of the legislature, each without reference to
the other.
For rule of construction concerning sections amended more than
once at the same legislative session, see RCW 1.12.025.
(Effective - January 1, 1981)
46.20.391 Occupational driver's license—Peti-
tion—Eligibility—Restrictions----Cancellation.
icense Peti-
tion Eligibility Restrictions—Cancellation. (1)
Any person licensed under this chapter who is convicted
of an offense relating to motor vehicles for which sus-
pension or revocation of the driver's license is manda-
tory, other than negligent homicide, may petition the
court for a stay of the effect of the mandatory suspen-
sion or revocation for the purpose of submitting to the
department an application for an occupational driver's
license. The court upon determining that the petitioner is
engaged in an occupation or trade which makes it essen-
tial that the petitioner operate a motor vehicle may stay
the effect of the mandatory suspension or revocation,
notwithstanding RCW 46.20.270, for a period of not
more than thirty days and may set definite restrictions
as to hours of the day which may not exceed twelve
hours in any one day, days of the week, type of occupa-
tion, and areas or routes of travel permitted under the
occupational driver's license.
(2) An applicant for an occupational driver's license is
eligible to receive such license only if:
(a) Within one year immediately preceding the
present conviction the applicant has not been convicted
of any offense relating to motor vehicles for which sus-
pension or revocation of a driver's license is mandatory;
and
(b) The applicant is engaged in an occupation or trade
which makes it essential that he or she operate a motor
vehtrle; and
(c) The applicant files satisfactory proof of financial
responsibility pursuant to chapter 46.29 RCW.
(3) The department, upon receipt of an application
and the prescribed fee, may issue an occupational driv-
er's license to any person eligible under this section for a
period of not more than one year which permits the op-
eration of a motor vehicle only within the limits estab-
lished by the court and only when the operation is
essential to the licensee's occupation or trade.
(4) 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 which pursuant to
chapter 46.20 RCW would warrant suspension or revo-
cation of a regular driver's license. Such cancellation
shall be effective as of the date of such conviction, and
shall continue with the same force and effect as any
suspension or revocation under this title. [ 1979 c 61 §
13; 1973 c 5 § I.]
46.20.430 Stopping of vehicle registered to person
whose driver's license has been suspended or revoked
authorized—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 revoca-
tion, stop any motor vehicle identified by its vehicle li-
cense 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.]
46.20.500 Special endorsement for motorcycle opera-
tor's license Moped exception. No person shall drive
a motorcycle, as defined in RCW 46.04.330, or a motor—
driven cycle, as defined in RCW 46.04.332 as now or
hereafter amended, unless such person has a valid driv-
er's license specially endorsed by the director to enable
the holder to drive such vehicles: Provided, That any
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.
[1979 1st ex.s. c 213 § 6; 1967 c 232 § 1.1
46.3T010 Scope and effect of regulations ----Gen-
era] 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 %yhich does not contain those parts or is
not at all times equipped with such lamps and other
equipment in proper condition and adjustment as re-
quired in this chapter or in regulations issued by the
state commission on equipment, or which is equipped in
any manner in violation of this chapter or the commis -
27
sion's regulations, or for any person to do any act for-
bidden or fail to perform any act required under this
chapter or the commission's regulations.
(2) Nothing contained in this chapter or the commis-
sion's regulations shall be construed to prohibit the use
of additional parts and accessories on any vehicle not in-
consistent with the provisions of this chapter or the
commission's regulations.
(3) The provisions of the chapter and the commis-
sion's regulations with respect to equipment on vehicles
shall not apply to implements of husbandry, road ma-
chinery, 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 hus-
bandry 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 commission on equipment as prescribed
in RCW 46.37.005 unless it has been approved by the
state commission on equipment.
(6) The provisions of this chapter with respect to
equipment required on vehicles shall not apply to motor-
cycles or motor -driven cycles except as herein made ap-
plicable. [1979 1st ex.s. c 136 § 69; 1977 ex.s. 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.]
(Effective - January 1, 1981)
46.37.188 Penalty for violation of RCW 46.37.184
through 46.37.188. Every vio-
lation of RCW 46.37.184, 36.37.185, 46.37.186, or 46-
.37.187 is a xraffic infraction. [1979 1st ex.s. c 136 § 70;
1961 c 12 § 46.37.188. Prior: 1953 c 161 § 5. Formerly
RCW 46.40.260.]
(Effective - January 1, 1981)
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 com-
pliance 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 46.04.552, shall be
equipped with service brakes complying with the perfor-
mance requirements of RCW 46.37.351 and adequate to
control the movement of and to stop and hold such vehi-
cle under all conditions of loading, and on any grade in-
cident 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 mate-
rial. The parking brakes shall be capable of being ap-
plied 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 fore-
going requirements. The parking brakes shall be so de-
signed 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 mecha-
nism normally associated with the wheel brake assem-
blies 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 constructed 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 tow-
ing vehicle and its total towed load-, is capable of com-
plying with the performance requirements of RCW
46.37.351;
(b) Trailers, semitrailers, or pole trailers manufac-
tured 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 capa-
ble of complying with the performance requirements of
RCW 46.37.351;
28
(d) Trucks and truck tractors 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. However, such trucks and truck tractors
must be capable of complying with the performance re-
quirements 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 I, 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, to-
gether with the brakes on the towing vehicle, shall be
adequate to stop the combination within the stopping
distance requirements of RCW 46.37.351.
(4) Automatic trailer brake application upon breaka-
way. 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 ap-
plied automatically and promptly, and remain applied
for at least fifteen minutes, upon breakaway 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 tow-
ing vehicle will be capable of being stopped by the use of
its service brakes.
(6) Trailer air reservoirs safeguarded. Air brake sys-
tems installed on trailers manufactured or assembled af-
ter January 1, 1964, shall be so designed that the supply
reservoir used to provide air for the brakes shall be safe-
guarded against backflow of air from the reservoir
through the supply line.
(7) Two means of emergency brake operation.
(a) ,Air brakes. After January I, 1964, every towing
vehicle, when used to tow another vehicle equipped with
air controlled brakes, in other than driveaway or tow -
away operations, shall be equipped with two means for
emergency application of the trailer brakes. One of these
means shall apply the brakes automatically in the event
of a reduction of the towing vehicle 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 con-.
trolled 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 op-
eration 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 automati-
cally. The second control is not required to provide
modulated braking.
(8) Single control to operate all brakes. After Januar
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 vehi-
cles. 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 compres-
sor governor cut—out setting, a full service brake appli-
cation may be made without lowering such reservoir
pressure by more than twenty percent. Each reservoir
shall be provided with means for readily draining accu-
mulated 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 truer;
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 ca-
pacity 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.
29
(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
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 stored air or
vacuum shall not be depleted by the leak or failure.
(10) Warning devices.
(a) Air brakes. Every bus, truck, or truck tractor us-
ing 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 au-
dible or visible to the driver, which will operate at any
time the 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 op-
erations, shall be equipped with a warning signal, other
than a gauge indicating vacuum, readily audible or visi-
ble to the driver, which will operate at any time the
vacuum in the vehicle's supply reservoir or reserve ca-
pacity 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 oper-
ation 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 pur-
poses. A gauge or gauges indicating pressure or vacuum
shall not be deemed to be an adequate means of satisfy-
ing this requirement. [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.]
46.37.425 Authority of state commission on equip-
ment with reference to tires Rules and regula-
tions—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 vehi-
cle is equipped with tires in safe operating condition in
accordance with requirements established by this section
or by the state commission on equipment.
The state commission on equipment 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 ef-
fects of tread wear and depth of tread.
A tire 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
structure; or
(3) Any break repaired with a boot; or
(4) A tread depth of less than 2/32 of an inch mea-
sured 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 cir-
cumference 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 demon-
strated to render it unsafe; or
(7) If not matched in tire size designation, construc-
tion, and profile to the other tire and/or tires on the
same axle.
No person, firm, 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 provisions of this section. If the tires are found to be
in violation of the provisions of this section, the person,
firm, or corporation 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 provi-
sions 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 commission on equipment
hereunder: Provided, however, That if the violation re-
lates 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, in-
cluding visual comparison with simple measuring
gauges. [1979 Ist ex.s. c 136 § 73; 1977 ex.s. c 355 § 37;
1971 c 77 § 3.1
30
(Effective - January 1, 1981)
46.37.430 Safety glazing materials in motor vehicles.
(1) On and after January 1, 1938, no person shall sell
any new motor vehicle as specified herein, nor shall any
new motor vehicle as specified herein be registered
thereafter unless such vehicle is equipped with safety
glazing material of a type approved by the state com-
mission on equipment wherever glazing material is used
in doors, windows and windshields. The foregoing provi-
sions shall apply to all passenger—type motor vehicles,
including passenger buses and school buses, but in re-
spect to trucks, including truck tractors, the require-
ments as to safety glazing material shall apply to all
glazing material used in doors, windows and windshields
in the drivers' compartments of such vehicles except as
provided by paragraph (4).
(2) The term "safety glazing materials" means glaz-
ing 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 cracked
or broken.
(3) The state commission on equipment shall compile
and publish a list of types of glazing material by name
approved by it as meeting the requirements of this sec-
tion and the director of licensing shall not register after
January 1, 1938, 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 shall
thereafter suspend the registration of any motor vehicle
so subject to this section which he finds is not so
equipped until it is made to conform to the requirements
of this section.
(4) No person shall sell or offer for sale, nor shall an}
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 approved by the state
commission on equipment wherever glazing materials
are used in outside windows and doors.
(5) No tinting or coloring material of any kind, which
reduces light transmittance to any degree, shall be ap-
plied to the surface of the safety glazing material in a
motor vehicle in any of the following locations:
(a) Windshields,
(b) Windows to the immediate right and left of the
driver including windwings or,
(c) Rearmost windows if used for driving visibility by
means of an interior rear—view mirror.
Nothing in this subsection shall prohibit 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 the standards of
the state commission on equipment for such safety glaz-
ing materials.
(6) The standards used for approval of safety glazing
materials by the state commission on equipment shall
conform as closely as possible to the standards for safety
glazing materials for motor vehicles promulgated by the
United States of America Standards Institute in effect
at the time of manufacture of the safety glazing mate-
rial. [ 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. 194.7 § 6360-40; RCW
46.36.090.1
46.44.030 Maximum lengths. It is unlawful for any
person to operate upon the public highways of this state
any vehicle other than a municipal transit vehicle having
an overall length, with or without load, in excess of forty
feet: Provided, That an auto stage or school bus shall not
exceed an overall length, inclusive of front and rear
bumpers, of forty feet: Provided further, That any such
school bus constructed prior to April 1, 1977, shall be
equipped with three axles: Provided further, That any
school bus constructed on or after April 1, 1977, and in
excess of thirty—six feet six inches shall be equipped with
three axles: Provided further, That the route of any auto
stage in excess of thirty—five feet or school bus in excess
of thirty—six feet six inches upon or across the public
highways shall be limited as determined by the depart-
ment of transportation for state highways, or by the lo-
cal legislative authority for other public roads.
It is unlawful for any person to operate on the high-
ways of this state any combination of vehicles which
contains a vehicle of which the permanent structure is in
excess of forty—five feet.
It is unlawful for any person to operate upon the pub-
lic highways of this state any combination consisting of a
nonstinger steered tractor and semitrailer which has an
overall length in excess of sixty—five feet.
It is unlawful for any person to operate on the high-
ways of this state any combination consisting of a truck
and trailer, or any lawful combination of three vehicles,
with an overall length, with or without load, in excess of
sixty—five feet, or a combination consisting of a tractor
and a stinger steered semitrailer which has an overall
length in excess of sixty—five feet without load or in ex-
cess of seventy feet with load.
"Stinger steered" as used in this section shall mean a
tractor and semitrailer combination which has the cou-
pling connecting the semitrailer to the tractor located to
the rear of the center line of the rear axle of the tractor.
These length limitations shall not apply to vehicles
transporting poles, pipe, machinery or other objects of a
structural nature which cannot be dismembered and op-
erated by a public utility when required for emergency
31
repair of public service facilities or properties but in re-
spect 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 such load. [1979 1st ex.s. c 113 § 4;
1977 ex.s. c 64 § 1; 1975—'76 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 § 36; 1961 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.]
46.44.037 Combination of units Lawful opera-
tions. Notwithstanding the provisions of RCW 46.44.036
and subject to such rules and regulations governing their
operation as may be adopted by the state highway com-
mission operation of the following combinations shall be
lawful:
(1) A combination consisting of a truck tractor, a
semitrailer, and another semitrailer or a full trailer. In
this connection a converter gear used to convert a semi-
trailer 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 consisting of three trucks or truck
tractors used in driveaway service where two of the ve-
hicles are towed by the third in double saddlemount po-
sition. [1979 1st ex.s. c 149 § 3; 1975—'76 2nd ex.s. c 64
§ 9; 1965 ex.s. c 170 § 37; 1963 ex.s. c 3 § 53; 1961 a 12
§ 46.44.037. Prior: 1957 c 273 § 16; 1955 c 384 § 3.]
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 hun-
dred 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 be-
tween the first and last axle of the vehicles in combina-
tion 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 thou-
sand six hundred pounds.
Such additional allowances shall be permitted by a
special permit to be issued by the department of trans-
portation valid only on state primary or secondary high-
ways authorized by the department and under such
rules, regulations, 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 I st 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 car-
ried 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 spe-
cial 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 cancella-
tion 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 five 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 high-
ways, 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 as-
sessed by the city or by the county legislative authority
which shall be deposited 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 addi-
tional 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 sub-
ject to the penalties prescribed by RCW 46.44,105. For
32
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 pro-
ceed 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 sec-
tion. [1979 1st ex.s. c 136 § 74; 1975—'76 2nd ex.s. c 64
§ 11; 1973 I st 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 - January 1, 1981)
46.44.050 Minimum length of wheelbase. It shall be
unlawful to operate any vehicle upon public highways
with a wheelbase between any two axles thereof of less
than three feet, six inches when weight exceeds that al-
lowed 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 be-
tween 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 1 st ex.s. c 213 § 7;
1975—'76 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, part; 1927 c 309 § 8,
part; 1923 c 181 § 4, part; RRS § 6362-8, part.]
46.44.095 Annual additional tonnage permits
Fees. Until December 31, 1976, a combination of vehi-
cles lawfully licensed to a total gross weight of seventy—
two thousand pounds, and a three or more axle single
unit vehicle lawfully licensed to a total gross weight of
forty thousand pounds, and on January 1, 1977, and
thereafter, when a combination of vehicles has been
lawfully licensed to a total gross weight of eighty thou-
sand pounds and when a three or more axle single unit
vehicle has been lawfully licensed to a total gross weight
of forty thousand pounds pursuant to provisions of RCW
46.44.041, a permit for additional gross weight may be
issued by the department of transportation upon the
payment of thirty—seven dollars and fifty cents per year
for each one thousand pounds or fraction thereof of such
additional gross weight: Provided, That the tire limits
specified in RCW 46.44.042 shall apply, and the gross
weight on any single axle shall not exceed twenty thou-
sand pounds, and the gross load on any group of axles
shall not exceed the limits set forth in RCW 46.44.041:
Provided further, That an additional two thousand
pounds may be purchased for an amount not to exceed
thirty dollars per thousand for the rear axle of a two—
axle garbage truck. Such additional weight shall not be
valid or permitted on any part of the federal interstate
highway system where the maximum single axle load
shall not exceed twenty thousand pounds.
The annual additional tonnage permits provided for in
this section shall be issued upon such terms and condi-
tions as may be prescribed by the department pursuant
to general rules adopted by the transportation commis-
sion. Such permits shall entitle the permittee to carry
such additional load in such an amount and upon such
highways or sections of highways as may be determined
by the department of transportation to be capable of
withstanding such increased gross load without undue
injury to the highway: Provided, That the permits shall
not be valid on any highway where the use of such per-
mits would deprive this state of federal funds for high-
way purposes.
The annual additional tonnage permits provided for in
this section shall commence on the first of January of
each year. The permits may be purchased at any time,
and if they are purchased for less than a full year, the
fee shall be one—twelfth of the full fee multiplied by the
number of months, including any fraction thereof, cov-
ered by the permit. When the department issues a du-
plicate permit to replace a lost or destroyed permit and
where the department transfers a permit from one vehi-
cle to another a fee of five dollars shall be charged for
each such duplicate issued or each such transfer. The
department of transportation shall issue such permits on
a temporary basis for periods not less than five days at
one dollar per day for each two thousands pounds or
fraction thereof.
The fees levied in RCW 46.44.0941 and this section
shall not apply to any vehicles owned and operated by
the state of Washington, any county within the state or
any city or town or metropolitan municipal corporation
within the state, or by the federal government.
In the case of fleets prorating license fees under the
provisions of chapter 46.85 RCW the fees provided for
in this section shall be computed by the department of
transportation by applying the proportion of the
Washington mileage of the fleet in question to the total
mileage of the fleet as reported pursuant to chapter 46-
.85 RCW to the fees that would be required to purchase
the additional weight allowance for all eligible vehicles
or combinations of vehicles for which the extra weight
allowance is requested.
The department of transportation shall prorate the
fees provided in this section only if the name of the op-
erator or owner is submitted on official listings of auth-
orized fleet operators furnished by the department of
33
licensing. Listings furnished shall also include the per-
centage of mileage operated in Washington which shall
be the same percentage as determined by the department
of licensing, for purposes of prorating license fees. [1979
c 158 � 159: 1977 ex.s. c 151 § 33; 1975—'76 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 ex.s. 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.)
46.44:130 Farm iimplements�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 move-
ment of farm implements of less than forty—five thou-
sand 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, 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 1st
ex.s. c 136 § 76; 1975—'76 2nd ex.s. c 64 § 20; 1975 1 st
ex.s. c 168 § 3; 1973 1st ex.s. c 1 § 1.1
(Effective - January 1, 1981
46.44.140 Farm implements ----Special permits
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 condi-
tions as it shall find proper for the movement of (1)
farm implements used for the cutting or threshing of
mature crops; or (2) other farm implements as may be
identified by rule of the highway commission. 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 de-
partment for the control of such movements.
Applications for and permits issued under this section
shall provide for a description of the farm implements to
34
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 per-
mit 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.
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 pro-
vided in RCW 46.44.0941.
Violation of a term or condition cinder which a permit
was issued, or a rule adopted by the department as
authorized by this section or a term of this section is a
traffic infraction. [1979 1st ex.s. c 136 § 77; 1973 1st
ex.s. c 1 § 2.1
(Effective - January 1, 1981)
46.52.010 Duty on striking unattended car or other
property Penalty. The op-
erator of any vehicle which collided with any other vehi-
cle 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 unat-
tended 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.
The driver of any vehicle involved in an accident re-
sulting 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 ad-
dress 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 ve-
hicle so striking the property, and such person shall fur-
ther 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 1st 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.]
(Effective - January 1, 1981)
46.52.020 Duty in case of injury to or death of per-
son or damage to attended vehicle or other property
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 vehi-
cle 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 subdivision (3) of this sec-
tion; 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 forth-
with return to, and in any event shall remain at, the
scene of such accident until he has fulfilled the require-
ments of subdivision (3) of this section; every such stop
shall be made without obstructing traffic more than is
necessary;
(3) Unless otherwise provided in subsection (6) 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, ad-
dress, and vehicle license number and shall exhibit his
vehicle driver's license to any person struck or injured or
the driver 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 physician or hospital
for medical treatment if it is apparent that such treat-
ment is necessary or if such carrying is requested by the
injured person or on his behalf. Under no circumstances
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 person failing to stop or to comply with any
of the requirements of subdivision (3) of this section un-
der said circumstances shall be guilty of a gross misde-
meanor and, upon conviction, be punished by
imprisonment for not less than thirty days nor more than
one %ear or by a fine of not less than one hundred dol-
lars nor more than five hundred dollars, or by both such
fine and imprisonment: 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) The license or permit to drive or any nonresident
privilege to drive of any person convicted under this sec-
tion or any local ordinance consisting of substantially the
same language as this section of failure to stop and give
information or render aid following an accident with any
vehicle driven or attended by any person shall be re-
voked by the department;
(6) In the event that 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 sec-
tion. [1979 1st ex.s. c 136 § 80; 1975—'76 2nd ex.s. c 18
§ 1. Prior: 1975 1st ex.s. c 210 § 1; 1975 c 62 § 14; 1967
c 32 § 53; 1961 c 12 § 46.52.020; prior: 1937 c 189 §
134; RRS § 6360-134; 1927 c 309 § 50, part; RRS §
6362-50, part.]
35
(Effective - January 1, 1981)
46.52.030 Accident reports. 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 extent of three hundred dollars or more,
shall, within twenty—four hours 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 incorpo-
rated cities and towns, the original of such report shall
be immediately forwarded by the authority receiving
such report to the chief of the Washington state patrol
at Olympia, Washington, and the second copy of such
report to be forwarded to the department of licensing at
Olympia, Washington. The chief of the Washington
state patrol may require any driver of any vehicle in-
volved in an accident, of which report must be made as
provided in this section, to file supplemental reports
whenever the original report in his 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 infor-
mation to disclose all material facts with reference to the
accident to be reported thereon, including the location,
the cause, the conditions then existing, and the persons
and vehicles involved, 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 roade 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. [ 1979 c 158 § 160;
1979 c I l § 2. Prior: 1977 ex.s. c 369 § 2; 1977 ex.s. c
68 § 1; 1969 ex.s. c 40 § 2; 1967 c 32 § 54; 1965 ex.s. c
119 § 1; 1961 c 12 § 46.52.030. Prior: 1943 c 154 § 1;
1937 c 189 § 135; RRS § 6360-135.1
46.52.080 Confidentiality of reports Information
required to be disclosed Evidence. All required acci-
dent 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 pros-
ecuting 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
commission 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 descrip-
tions of vehicles involved, and the date, time and loca-
tion 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 attor-
ney 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 of-
ficer 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 re-
port be made in the manner required by law: Provided,
That the reports may be used as evidence when neces-
sary to prosecute charges filed in connection with a vio=
lation of RCW 46.52.088. [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
46.52.100 Record of traffic charges Reports of convictions by
courts Venue in justice courts—Driving under influence of liquor
or drugs while license suspended or revoked, penalty (as amended by
1979 Ist ex.s. c 176). Every justice of the peace, police judge and clerk
of superior court shall keep or cause to be kept a record of every traffic
complaint, traffic citation or other legal form of traffic charge depos-
ited with or presented to said justice of the peace, police judge, supe-
rior court or a traffic violations bureau, and shall keep a record of
every official action by said court or its traffic violations bureau in
reference thereto, including but not limited to a record of every con-
viction, forfeiture of bail, judgment of acquittal and the amount of fine
or forfeiture resulting from every said traffic complaint or citation de-
posited with or prescmted to the justice of the peace, police judge, su-
perior court or traffic violations bureau.
The Monday following the conviction or forfeiture of bail of a per-
son upon a charge of violating any provisions of this chapter or other
law regulating the operating of vehicles on highways, every said mag-
istrate of the court or clerk of the court of record in which such con-
viction was had or bail was forfeited shall prepare and immediately
forward to the director of licensing at Olympia an abstract of the
record of said court covering the case in which said person was so con-
victed or forfeited bail, 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 conviction involving the illegal parking or standing
of a vehicle.
Said abstract must be made upon a form furnished by the director
and shall include the name and address of the party charged, the
number, if any, of his driver's or chauffeur's license, the registration
number of the vehicle involved, the nature of the offense, the date of
hearing, the plea, the judgment, or whether bail forfeited and the
amount of the fine or forfeiture 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 manslaughter or other 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 his office
in Olympia and the same shall be open to public inspection during
reasonable business hours.
Venue in all justice courts shall be before one of the two nearest
justices of the peace in incorporated cities and towns nearest to the
point the violation allegedly occurred: Provided, That in counties of
class A and of the first class 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 attor-
ney signing the charge or information in any case involving a charge of
driving under the influence of intoxicating liquor or any drug immedi-
ately to make request to the director for an abstract of convictions and
forfeitures which the director shall furnish.
If the driver at the time of the offense charged was without a driv-
er's license because of a previous suspension or revocation, the mini-
mum mandatory jail sentence and fine shall be ninety days in the
county jail and a two hundred dollar fine. The penalty so imposed shall
not be suspended. [1979 Ist ex.s. c 176 § 4; 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.]
36
(Effective until January 1, 1981)
46.52.100 Record of traffic charges Reports of action by
cou.-ts Venue in justice courts—Driving under influence of liquor
or drugs while license suspended or revoked, penalty (as amended by
1979 1st ex.s. c 136). Every justice of the
peace, police judge, 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 pre-
sented to said justice of the peace, police judge, superior court, or a
traffic violations bureau, and shall keep a record of every official ac-
tion by said 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 said traffic complaint, cita-
tion, or notice of infraction deposited with or presented to the justice of
the peace, police judge, 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 said 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 said 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.
Said abstract must be made upon a form furnished by the director
and shall include the name and address of the party charged, the
number, if any, of his driver's or chauffeur's license, the registration
number of the vehicle involved, the nature of the offense, the date of
hearing, the plea, the judgment, whether bail forfeited, whether the
determination that a traffic infraction was committed was contested,
and the amount of the fine, forfeiture, 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 manslaughter or other 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 his office
in Olympia and the same shall be open to public inspection during
reasonable business hours.
Venue in all justice courts shall be before one of the two nearest
justices of the peace in incorporated cities and towns nearest to the
point the violation allegedly occurred: Provided, That in counties of
class A and of the first class 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 at-
torney signing the charge or information in any case involving a charge
of driving under the influence of intoxicating liquor or any narcotic
drug immediately to make request to the director for an abstract of
convictions and forfeitures which the director shall furnish.
If a driver has a record of two or more convictions or forfeitures of
the offense of operating a vehicle under the influence of or affected by
the use of intoxicating liquor or any narcotic drug within a five year
period, he shall, upon conviction, be fined not less than one hundred
dollars and not more than one thousand dollars, and shall be sentenced
to not less than thirty days and not more than one year in the county
jail and neither fine nor sentence shall be suspended; and the court
shall revoke the driver's license.
If the driver at the time of the offense charged was without a driv-
er's license because of a previous suspension or revocation, the mini-
mum mandatory jail sentence and fine shall be ninety days in the
county jail and a two hundred dollar fine. The penalty so imposed shall
not be suspended. [1979 1st 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.]
Reviser's note: RCW 46.52.100 was amended twice during the 1979
first extraordinary session of the legislature, each without reference to
the other.
For rule of construction concerning sections amended more than
once at the same legislative session, see RCW 1.12.025.
(Effective - January 1, 1981)
46.52.145 Abandoned junk motor vehicles—Deri-
nitions. For the purposes of RCW 46.52.145 through
46.52.160, unless a different meaning is plainly required:
(1) "Abandoned junk motor vehicle" means any mo-
tor vehicle substantially meeting the following
requirements:
(a) Left on private property for more than twenty—
four hours without the permission of the person having
right to the possession of the property, or a public street
or other property open to the public for purposes of ve-
hicular travel or parking, or upon or within the right of
way of any road or highway, for twenty—four hours or
longer;
(b) Three years old, or older;
(c) Extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield, missing wheels, tires, motor, or transmission;
(d) Apparently inoperable;
(e) Without a valid, current registration plate;
(f) Having a fair market value equivalent to the value
of the scrap therein, only.
(2) "Motor 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 substantially changing the form of any motor vehicle,
or who buys or sells integral secondhand parts of com-
ponent material thereof, in whole or in part, and deals in
secondhand motor vehicle parts.
(3) "Scrap processor" means a licensed establishment
that maintains a hydraulic baler and shears, or a shred-
der for recycling automobile salvage. [1979 1st ex.s. c
178 § 18; 1971 ex.s. c i l I § 1.]
37
46.61.500 Reckless driving Penalty.
(1) Any person who drives any vehicle in
wilful or wanton disregard for the safety of persons or
property is guilty of reckless driving. Violation of the
provisions of this section is a misdemeanor.
(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. [1979 1st ex.s. c 136 § 85; 1967 c 32 § 67; 1965
ex.s. c 155 § 59.]
(Effective - January 1, 1981)
46.61.506 Persons under influence of intoxicating li-
quor or drug—Evidence----Chemical tests—Infor-
mation concerning tests. (1) Upon the trial of any civil
or criminal action or proceeding arising out of acts al-
leged to have been committed by any person while driv-
ing or in actual physical control of a vehicle while under
the influence of intoxicating liquor or any drug, if the
amount of alcohol in the person's blood at the time al-
leged as shown by chemical analysis of his blood, breath,
or other bodily substance is less than 0.10 percent by
weight of alcohol in the person's blood, 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) Percent by weight of alcohol in the blood shall be
based upon milligrams of alcohol per one hundred cubic
centimeters of blood. The foregoing provisions of this
section shall not be construed as limiting the introduc-
tion of any other competent evidence bearing upon the
question whether the person was under the influence of
intoxicating liquor or any drug.
(3) Chemical analysis of the person's blood or breath
to be considered valid under the provisions of this section
or RC«' 46.61.502 or 46.61.504 shall have been per-
formed according to methods approved by the state tox-
icologist 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 compe-
tence 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 pro-
visions of RC«' 46.20.308, the withdrawal of blood for
the purpose of determining its alcoholic 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 own choosing administer a chem-
ical test or tests in addition to any administered at the
direction of a law enforcement officer. The failure or in-
ability 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 chemical test or tests at the request of a law en-
forcement officer, full information concerning the test or
tests shall be made available to him or his attorney.
[1979 1st ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1; 1969
c 1 § 3 (Initiative Measure No. 242 § 3).]
46.61.515 Driving or being in physical control of
motor vehicle while under the influence of intoxicating li-
quor or drugs—Penalties—Penalty assessments in
addition to fines, etc.—Suspension or revocation of li-
eense—Appeal. (1) Every person who is convicted of a
violation of RCW 46.61.502 or 46.61.504 shall be pun-
ished by imprisonment for not less than one day nor
more than one year, and by a fine of not more than five
hundred dollars. The person shall, in addition, be re-
quired to complete a. course at an alcohol information
school approved by the department of social and health
senices. One day of the jail sentence shall not be sus-
pended or deferred unless the judge finds that the impo-
sition of the jail sentence will pose a risk to the
defendant's physical or mental well-being. Whenever the
mandatory jail sentence is suspended or deferred, the
judge must state, in writing, the reason for granting the
suspension or deferral and the facts upon which the sus-
pension or deferral is based.
(2) On a second or subsequent conviction under RCW
46.61.502 or 46.61.504 within a five year period a per-
son shall be punished by imprisonment for not less than
seven days nor more than one year and by a fine not
more than one thousand dollars. The jail sentence shall
not be suspended or deferred unless the judge finds that
the imposition of the jail sentence will pose a risk to the
defendant's physical or mental well-being. Whenever the
mandatory jail sentence is suspended or deferred, the
judee must state, in writing, the reason for granting the
suspension or deferral and the facts upon which the sus-
pension or deferral is based. If such person at the time of
a second or subsequent conviction is without a license or
permit because of a previous suspension or revocation,
the minimum mandatory sentence shall be ninety days in
jail and a two hundred dollar fine. The penalty so im-
posed shall not be suspended or deferred.
38
In addition to any nonsuspendable and nondeferrable
jail sentence required by this subsection, the court shall
sentence a person to a term of imprisonment not ex-
ceeding one hundred eighty days and shall suspend but
shall not defer the sentence for a period not exceeding
two years. The suspension of the sentence may be condi-
tioned upon 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 suspension during
the suspension period.
(3) There shall be levied and paid into the highway
safety fund of the state treasury a penalty assessment in
the minimum amount of twenty–five percent of, and
which shall be in addition to, any fine, bail forfeiture, or
costs on all offenses involving a violation of any state
statute or city or county ordinance relating to driving a
motor vehicle while under the influence of intoxicating
liquor or being in actual physical control of a motor ve-
hicle while under the influence of intoxicating liquor:
Provided, That all funds derived from such penalty as-
sessment shall be in addition to and exclusive of assess-
ments made under RCW 46.81.030 and shall be for the
exclusive use of the department for driver services pro-
grams and for a state–wide alcohol safety action pro-
gram, or other similar programs designed primarily for
the rehabilitation or control of traffic offenders. Such
penalty assessment shall be included in any bail schedule
and shall be included by the court in any pronouncement
of sentence.
(4) Notwithstanding the provisions contained in chap-
ters 3.16, 3.46, 3.50, 3.62, or 35.20 RCW, or any other
section of law, the penalty assessment provided for in
subsection (3) of this section shall not be suspended,
waived, modified, or deferred in any respect, and all
moneys derived from such penalty assessments shall be
forwarded to the highway safety fund to be used exclu-
sively for the purposes set forth in subsection (3) of this
section.
(5) The license or permit to drive or any nonresident
privilege of any person convicted of either of the offenses
named in RCW 46.61.502 or 46.61.504 shall:
(a) On the first conviction under either such offense,
be suspended by the department for not less than thirty
days: Provided, That the court may recommend that no
suspension action be taken;
(b) On a second conviction under either such offense
within a five year period, be suspended by the depart-
ment for not less than sixty days;
(c) On a third or subsequent conviction under either
such offense within a five year period, be revoked b} the
department.
(6) In any case provided for in this section, where a
driver's license is to be revoked or suspended, such revo-
cation or suspension shall be stayed and shall not take
effect until after the determination of any appeal from
the conviction which may lawfully be taken, but in case
such conviction is sustained on appeal such revocation or
suspension shall take effect as of the date that the con-
viction becomes effective for other purposes.
(7) The provisions of this section limiting the author-
ity of a court to defer or suspend a sentence shall not
take effect until January 1, 1980. The division of crimi-
nal justice, no later than December 31, 1980, shall sub-
mit a study to the house of representatives and to the
senate which details the impact of the sentencing provi-
sions established by this section. The impact study shall
include, but shall not be limited to, the following infor-
mation: The impact of the provisions upon county jail
conditions and bed space, the cost impact of the provi-
sions upon local and state governments, and the exis-
tence of alternative facilities to which individuals
sentenced under this section may be committed. [ 1979
1st ex.s. c 176 § 6; 1977 ex.s. c 3 § 3; 1975 1st ex.s. c
287 § 2; 1974 ex.s. c 130 § 1; 1971 ex.s. c 284 § 1; 1967
c 32 § 68; 1965 ex.s. c 155 § 62.]
46.61.525 Operating motor vehicle in a negligent
manner—Penalty—Exception.
It shall be unlawful for any person to operate a
motor vehicle in a negligent manner. For the purpose of
this section to "operate in a negligent manner" shall be
construed to mean the operation of a vehicle in such a
manner as to endanger or be likely to endanger any per-
sons or property: Provided however, That any person
operating a motor vehicle on private property with the
consent of the owner in a manner consistent with the
owner's consent shall not be -guilty of negligent driving.
The offense of operating a vehicle in a negligent man-
ner shall be considered to be a lesser offense than, but
included in, the offense of operating a vehicle in a reck-
less manner, and any person charged with operating a
vehicle in a reckless manner may be convicted of the
lesser offense of operating a vehicle in a negligent man-
ner. Any person violating the provisions of this section
will be guilty of a misdemeanor: Provided, That the di-
rector may not revoke any license under this section, and
such offense is not punishable by imprisonment or by a
fine exceeding two hundred fifty dollars. [1979 1st ex.s.
c 136 § 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030.
Prior: 1939 c 154 § 1; RRS § 6360-118 1/2. Formerly
RCW 46.56.030.]
39
(Effective - January 1, 1981)
46.61.530 Racing of vehicles on highways—Reck-
less driving Exception. No
person or persons may race any motor vehicle or motor
vehicles upon any public highway of this state. Any per-
son 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 driv-
ing under RCW 46.61.500, whether or not such speed is
in excess of the maximum speed prescribed by law: Pro-
vided however, That any comparison or contest of the
accuracy with which motor vehicles may be operated in
terms of relative speeds not in excess of the posted max-
imum speed does not constitute racing. [1979 1st ex.s. 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.]
(Effective - January 1, 1981)
46.61.535 Advertising of unlawful speed attained
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 con-
sumed or speed attained b} 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 indi-
cate 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 driv-
ing between such points. Violation of any of the provi-
s±ons 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 1st 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 - January 1, 1981)
46.61.560 Stopping, standing, or parking outside of
business or residence districts. (1) Outside of incorpo-
rated cities and towns no person shall stop, park, or
leave standing any vehicle, whether attended or unat-
tended, upon the roadway.
(2) Subsection (1) of this section, RCW 46.61.570,
and 46.61.575 shall not apply to the driver of any vehicle
which 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 re-
quired by RCW 46.61.590.
(3) Subsection (1) of this section shall not apply to
the driver of a public transit vehicle who shall tempo-
rarily stop his vehicle upon the roadway for the purpose
of and while actually engaged in receiving or discharging
passengers at a marked transit vehicle stop zone ap-
proved by the state highway commission or a county
upon highways under their respective jurisdictions.
[ 1979 1st ex.s. c 178 § 20; 1977 c 24 § 2; 1965 ex.s. c
155 § 64.]
46.61.580 Special parking privileges for certain dis-
abled persons Display of card, decal, or special li-
cense plateProhibitedareas. Any person who has
lost both of his or her lower extremities, or who has t,st
the normal or full use thereof, or who is so severely dis-
abled as to be unable to move without the aid of
crutches or a wheelchair, or who has lost both hands,
shall be allowed to park a vehicle being used to transport
such person for unlimited periods of time in parking
zones or areas which are otherwise restricted as to the
length of time parking is permitted. This section shall
have no application to those zones or areas in which the
stopping, parking, or standing of all vehicles is prohib-
ited or which are reserved for special types of vehicles.
Such a person shall not be permitted the foregoing priv-
ilege unless he or she obtains and displays a special card,
a decal, or a special license plate attached to the vehicle,
as provided in RCW 46.16.380 as now or hereafter
amended. [1979 1st ex.s. c 27 § 2; 1975-'76 2nd ex.s. c
102 § 2; 1975 1st ex.s. c 297 § 2; 1961 c 128 § 2.
Formerly RCW 46.48.340.]
46.61.665 Embracing another while driving.
It shall be unlawful for any person to
operate a motor vehicle upon the highways of this state
when such person has in his or her embrace another
person which prevents the free and unhampered opera-
tion of such vehicle. Operation of a motor vehicle in vio-
lation of this section is prima facie evidence of reckless
driving. [1979 1st ex.s. 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 46.56.100.]
(Effective - January 1, 1981)
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 tire
on which is in contact with such roadway.
40
Violation of the provisions of this section is a traffic
infraction. [ 1979 1st ex.s. c 136 § 90; 1961 c 151 § 1.
Formerly RCW 46.56.220.1
(Effective - January 1, 1981)
46.61.750 Effect of regulations Penalty.
(1) It is a traffic infraction for any
person to do any act forbidden or fail to perform any act
required in RCW 46.61.750 through 46.61.780.
(2) These regulations applicable to bicycles shall ap-
ply whenever a bicycle is operated upon any highway or
upon any path set aside for the exclusive use of bicycles
subject to those exceptions stated herein. [ 1979 I st ex.s.
c 136 § 92; 1965 ex.s. c 155 § 79.1
(Effective - January 1, 1981)
46.64.015 Citation and notice to appear in court—
Issuance—Contents—Written
ourtIssuance—Contents Written promise—Ar-
rest Detention. Whenever any person is arrested for
any violation of the traffic laws or regulations which is
punishable as a misdemeanor or by imposition of a fine,
the arresting officer may serve upon him a traffic cita-
tion and notice to appear in court. Such citation and no-
tice 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 num-
ber of such person, if any, the offense or violation
charged, the time and place where such person shall ap-
pear in court, and a place where the person arrested may
sign. Such spaces shall be filled with the appropriate in-
formation by the arresting officer. The arrested person,
in order to secure release, and when permitted by the
arresting officer, must give his 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. 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 presence or when a person may be ar-
rested 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:
(l) Where the arrested person refuses to sign a writ-
ten promise to appear in court as required by the cita-
tion 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(2), as now
or hereafter amended. [1979 1st ex.s. c 28 § 2; 1975-'76
2nd ex.s. c 95 § 2; 1975 c 56 § 1; 1967 c 32 § 70; 1961 c
12 § 46.64.015. Prior: 1951 c 175 § l.]
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 prom-
ise to appear in court, the court in which the defendant
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.]
46.64.030 Procedure governing arrest and prosecu-
tion. The provisions of this title with regard to the ap-
prehension 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 procedure 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 1st 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.]
70.93.060 Littering prohibited Penalties. 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
in the waters of this state whether from a vehicle or
otherwise including but not limited to any public high-
way, public park, beach, campground, forest land, recre-
ational area, trailer park, highway, road, street, or alley
except:
H) When such property is designated by the state or
by any of its agencies or political subdivisions for the
disposal of garbage and refuse, and such person is auth-
orized to use such property for such purpose;
(2) Into a litter receptacle in such a manner that the
litter will be prevented from being carried away or de-
posited by the elements upon any part of said private or
public property or waters.
.any person violating the provisions of this section
shall be guilty of a misdemeanor and the fine for such
violation shall not be less than ten dollars for each of-
fcese. In addition thereto, except where infirmity or age
or other circumstance would create a hardship, such
person shall be directed by the court in which conviction
is obtained to pick up and remove litter from public
property and/or private property, with prior permission
of the legal owner, for not less than eight hours nor more
than sixteen hours for each separate offense. The court
shall schedule the time to be spent on such activities in
such a manner that it does not interfere with the per-
son's employment and does not interfere substantially
with the person's family responsibilities. [1979 1st ex.s. c
39 § 1; 1971 ex.s. c 307 § 6.]
41
XII.
TEXT OF RCW SECTIONS OF THE WASHINGTON MODEL TRAFFIC
ORDINANCE (CH. 46.90 RCW) AS AMENDED BY EITHER THE 1979
REGULAR OR FIRST EXTRAORDINARY SESSION OF THE
LEGISLATURE:
46.90.121 Department. "Department" means the de-
partment of licensing unless otherwise specified in this
chapter. [1979 c 158 § 203; 1975 1st ex.s. c 54 § 10.]
46.90.345 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
automobile hulks found abandoned on a highway or at
any other place and the same shall, at the direction of a
law enforcement officer, be placed in the custody of a
registered disposer. [1979 1st ex.s. c 136 § 100; 1975 1st
ex.s. c 54 § 54.]
(Effective – January 1, 1981)
46.90.560 Bicycles—Penalties.
Violation of any provision of RCW 46.90.500
through 46.90.540 is a traffic infraction. [1979 1st ex.s.
c 136 § 101; 1975 1st ex.s. c 54 § 102.1
(Effective – January 1, 1981)
42
XIII.
TEXT OF NEW TRAFFIC STATUTES THAT WERE ENACTED AT THE
1977 FIRST EXTRAORDINARY SESSION OF THE LEGISLATURE AND
WERE ADOPTED BY REFERENCE IN THE WASHINGTON MTO IN CH.
65, LAWS OF 1980:
46.37.196 Red lights on emergency tow trucks. All
emergency tow trucks shall be identified by an intermit-
tent 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 acatdent, or for any other
purposes. [1977 ex.s. c 355 § 16.1
46.37.215 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 ve-
hicular 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
requirements 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 practi-
cable, and shall display simultaneously flashing amber
light: Provided, "That on any vehicle manufactured prior
to January 1, 1969, the lamps showing to the front may
display simultaneously 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 am-
ber 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
46.37.369 Wheels and front suspension. (1) No vehi-
cle 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 cov-
ered 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. [ 1,977
ex.s. c 355 § 30.1
46.37.375 Steering and suspension systems. (1) Con-
struction 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 Lash
(inches) (inches)
6 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
damaged. Stabilizer bars shall be connected. Springs
shall not be broken, or extended by spacers. Shock ab-
sorber mountings, shackles, and U -bolts shall be
securely attached. Rubber bushings shall not be cracked,
or extruded out or missing from suspension joints. Ra-
dius rods shall not be missing or damaged.
43
(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 manufacturer's service specifi-
cation for alignment setting. [ 1977 ex.s. c 355 § 31.]
46.37.465 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 car-
buretor or the fuel pump or the fuel hoses in the engine
compartment 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 ex.s. c 355 §
39.]
46.37.513 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.]
46.37.517 Body and body hardware. (1) The body,
fenders, and bumpers shall be maintained without pro-
trusions which could be hazardous to pedestrians. In ad-
dition, the bympers 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 suf-
ficient to ensure proper working equal to that at the time
of original vehicle manufacture. [1977 ex.s. c 355 § 44.]
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.]
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 limita-
tions of this section.
(2) Every head lamp upon every motorcycle and mo-
tor -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
equipment.
(4) Such equipment shall:
(a) Reveal persons and vehicles at a distance of at
least three hundred feet ahead when the uppermost dis-
tribution 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 in-
tensity portion of the beam shall be directed to strike the
eyes of an approaching driver. [ 1977 ex.s. a 355 § 46.]
44
46.37.524 Motor -driven cyclesHeadlamps. 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
limitations 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 mo-
tor -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 oper-
ated at a speed of thirty-five or more miles per hour;
(2) In the event the motor -driven cycle is equipped
with a multiple -beam head lamp or head lamps the up-
per 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 distri-
bution 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.]
46.37.525 Motorcycles and motor–driven cycles
Tail lamps, reflectors, and stop lamps. (1) Every mo-
torcycle 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 leg-
ible 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 sired as to be lighted \rhenever 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 sep-
arately, at least one red reflector meeting the require-
ments of RCW 46.37.060.
(4) Every motorcycle and motor–driven cycle shall be
equipped with at least one stop lamp meeting the re-
quirements of RCW 46.37.070. [ 1977 ex.s. c 355 § 48.]
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 46.37.529. [1977 ex.s. c 355 §
49.]
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 mi-
nus one percent grade), dry, smooth, hard surface that is
free from loose material. [1977 ex.s. c 355 § 50.]
46.37.529 Motor–driven cycles Braking system
inspection. (1) The state commission on equipment is
authorized to require an inspection of the braking sys-
tem on any motor–driven cycle and to disapprove am.
such braking system on a vehicle which it finds will not
comply with the performance 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 con-
structed as to ensure reasonable and reliable perfor-
mance 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 commission on
equipment determines that the braking system thereon
does not comply with the provisions of this section.
(3) No person shall operate on any highway any vehi-
cle referred to in this section in the event the state com-
mission 'on equipment has disapproved the braking
system upon such vehicle. [1979 c 158 § 158; 1977 ex.s.
c 355 § 51.]
46.37.537 MotorcyclesExhaustsystem. No per-
son 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.]
46.37.539 Motorcycles and motor–driven cycles—
Additional requirements and limitations. Every motorcy-
cle 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.]
46.44.170 Mobile home movement special permit
County treasurer certification of taxes paid Vehicle
license plates Rules. (1) Any person moving a mobile
home as defined in RCW 46.04.302 upon public high-
ways of the state must obtain a special permit from the
department of transportation and local authorities pur-
suant 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
45
county in which the mobile home is located shall endorse
or attach thereto his certificate that all property taxes
due upon the mobile home being moved have been satis-
fied: Provided, That endorsement or certification by the
county treasurer 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 his agent to obtain such endorse-
ment from the county treasurer.
(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 li-
cense has been paid.
(4) The department of transportation and local au-
thorities are authorized to adopt reasonable rules for
implementing the provisions of this section. [1980 c 152
§ 1; 1977 ex.s. c 22 § 2.]
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 highway commission or local
authority shall notify the assessor of the county in which
the mobile home is to be located and when a continuous
trip special permit is used to transport a mobile home
not requiring tax certification, the transporter shall no-
tify the assessor of the county in which the mobile home
is to be located: Provided, That notification shall not be.
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.
[ 1977 ex.s. c 22 § 3.]
46.44.175 Penalties Hearing.
Any person or agent acting for a person
who causes to be moved or moves a mobile home as de-
fined in RCW 46.04.302 upon public highways of this
state and who fails to comply with any of the provisions
of RCW 46.44.170 and 46.44.173 is guilty of a misde-
meanor and shall be fined not less than fifty dollars or
more than one hundred dollars. In addition to the above
fine, the highway commission or local authority may
withhold issuance of a special permit or suspend a con-
tinuous special permit as provided by RCW 46.44.090
and 46.44.093 for a period of not less than thirty days.
Any person or agent who is denied a special permit or
whose special permit is suspended may upon request re-
ceive a hearing before the highway commission or local
authority having jurisdiction. The commission or local
authority after such hearing may revise its previous ac-
tion. [1977 ex.s. c 22 § 4.]
Rerfser's note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031.
Term 'highway commission" means department of transportation; see
RCW 47.04.015.
(Effective until January 1, 1981)
46.44.175 Penalties Hearing.
Failure of any person or agent acting for a
,>erson 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 provi-
sions of RCW 46.44.170 and 46.44.173 is a traffic in-
fraction for which a penalty of not less than fifty dollars
or more than one hundred dollars shall be assessed. In
addition to the above penalty, the department of trans-
portation 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 or agent who is denied a special permit or
whose special permit is suspended may upon request re-
ceive a hearing before the department of transportation
or the local authority having jurisdiction. The depart-
ment or the local authority after such hearing may re-
vise its previous action. [1979 ex.s. c 136 § 78; 1977 ex.s.
c 22 § 4.]
(Effective - January 1, 1981)
46.61.428 Slow moving vehicle permitted to drive on
improved shoulders, when. (1) The state highway com-
mission and local authorities are authorized to determine
those portions of any two-lane highways under their re-
spective 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 sec-
tion, 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
shall take precedence over pavement markings for the
purpose of allowing the movements described in subsec-
tion (2) of this section. [1977 ex.s. c 39 § 1.]
46
XIV.
TEXT OF NEW TRAFFIC STATUTES THAT WERE ENACTED AT THE
1979 FIRST EXTRAORDINARY SESSION OF THE LEGISLATURE AND
WERE ADOPTED BY REFERENCE IN THE WASHINGTON MTO IN CH.
65, LAWS OF 1980:
46.52.170 Abandoned vehicles or hulks Notifi-
cation sticker, contents --Owner to be informed. A law
enforcement officer discovering an apparently aban-
doned vehicle or abandoned vehicle hulk shall attach to
the vehicle a readily visible notification sticker. The
sticker shall contain the following information:
(1) The date and time the sticker was attached;
(2) The identity of the officer;
(3) 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
(4) The address and telephone number where addi-
tional information may be obtained.
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 infor-
mation on the notification sticker. [1979 Ist ex.s. c 178
§ 2•l
46.52.180 Abandoned vehicles or hulks—Removal i
ulks Removal,
time, location. If the vehicle or hulk 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 or hulk and provide for the vehicle
or hulk's removal to a place of safety.
For the purposes of this section a place of safety in-
cludes the business location of a registered disposer.
[109 1st ex.s. c 178 § 3.1
46.52.190 Abandoned vehicles or hulks Im-
poundment Notification Hearing Liability
for charges—Nonpayment penalty. (1) When a vehicle
or hulk is impounded pursuant to RCW 46.61.565 or
46.52.180, the governmental agency at whose direction
the impoundment was effected shall, within twenty–four
hours after the impoundment, mail notification of the
impoundment to the last registered owner and the legal
owner of the vehicle as shown on the records of the de-
partment or as otherwise reasonably ascertainable. The
notification shall contain a certificate of mailing and
shall inform the registered owner of the impoundment,
redemption procedures, and opportunity for a hearing to
contest the basis for the impoundment. The notice need
not be mailed if the vehicle is redeemed prior to the
mailing of the notice or if the registered owner and the
legal owner are not reasonably ascertainable.
Upon impoundment of a vehicle pursuant to this sec-
tion, the law enforcement officer shall also provide the
registered disposer with the name and address of the last
registered owner and legal owner of the vehicle as may
be shown by the records of the department or as other-
wise reasonably ascertainable.
(2) The notification provided for in this section shall
inform the registered owner that any hearing request
shall be directed to the district court for the justice court
district in which the vehicle was impounded and shall be
accompanied by a form to be utilized for the purpose of
requesting a hearing. Any request for a hearing pursuant
to this section shall be made in writing on the form pro-
vided for that purpose and must be received by the dis-
trict court within ten days of the date the notification
provided for in this section was mailed. 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 shall be 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 impoundment.
(3) If the registered owner timely requests a hearing
provided for by this section and prevails at the hearing,
the unit of government under whose jurisdiction the im-
poundment was effected shall be liable for any towing,
storage, or other impoundment charges permitted under
this chapter.
(4) Removal and storage of a vehicle or hulk under
RCW 46.52.170 through 46.52.190 or under RCW 46-
.61.565 shall be at the owner's expense, except as pro-
vided in RCW 46.52.104, 46.52.106, and subsection (3)
of this section.
(5) The department may adopt rules providing that
the owner's vehicle license will not be renewed or a new
vehicle license issued to the owner unless any outstand-
ing removal and storage charges are paid. [1979 1st ex.s.
c 178 § 4.1
47
46.52.200 Abandoned vehicles or hulks—Im-
poundment—Bond
ulks Im-
poundment —Bond to regain possession. When a vehi-
cle or hulk is impounded pursuant to RCW 46.52.170
through 46.52.190 or 46.61.565 and the registered owner
has made a timely request for a hearing, the registered
owner may regain possession of the vehicle pending the
outcome of the hearing by posting a sufficient cash bond
to be held in trust by the registered disposer or such
other security as the department may by rule require.
[1979 1st ex.s. c 178 § 5.]
46.52.210 Abandoned vehicles or hulks ---Crimes
regarding. (1) Any person shall be guilty of a misde-
meanor who:
(a) Conducts or attempts to conduct a sale of or sells
an abandoned vehicle or abandoned vehicle hulk pursu-
ant to RCW 46.52.111 and 46.52.112 without being
properly registered as a registered abandoned vehicle
disposer; or
(b) Removes a vehicle from private property pursuant
to law and fails to notify the appropriate law enforce-
ment agency of such removal.
(2) Any person who knowingly makes a false state-
ment in any document prepared in connection with the
disposition of an abandoned vehicle or abandoned vehi-
cle hulk pursuant to this chapter shall be guilty of a
gross misdemeanor. [1979 1st ex.s. c 178 § 6.]
46.61.021 Duty to obey law enforcement officer— -
Authority of officer. (1) Any
person requested or signaled to stop by a law enforce-
ment officer for a traffic infraction has a duty to stop.
(2) Whenever any person is stopped for a traffic in-
fraction, the officer may detain that person for a rea-
sonable period of time necessary to identify the person,
check the status of the person's license and the vehicle's
registration, and complete and issue a notice of traffic
infraction.
(3) Any person requested to identify himself to a law
enforcement officer pursuant to an investigation of a
traffic infraction has a duty to identify himself, give his
current address, and sign an acknowledgement of receipt
of the notice of infraction. [ 1979 1 st ex.s. a 136 § 4.]
(Effective - January 1, 1981)
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 misde-
meanor. [1979 1st ex.s. c 136 § 5.]
(Effective - January 1, 1981)
46.61.502 Driving while under influence of intoxicat-
ing liquor or drug l"at constitutes. A person is
guilty of driving while under the influence of intoxicat-
ing liquor or any drug if he drives a vehicle within this
state while:
(1) He has 0.10 percent or more by weight of alcohol
in his blood as shown by chemical analysis of his breath,
blood, or other bodily substance made under RCW 46-
.61.506 as now or hereafter amended; or
(2) He is under the influence of or affected by intoxi-
cating liquor or any drug; or
(3) He is under the combined influence of or affected
by intoxicating liquor and any drug.
The fact that any person charged with a violation of
this section is or has been entitled to use such drug un-
der the laws of this state shall not constitute a defense
against any charge of violating this section. [1979 1st
ex.s. c 176 § 1.]
46.61.504 Actual physical control of motor vehicle
while under influence of intoxicating liquor or drug
What constitutes Defenses. A person is guilty of be-
ing in actual physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug if
he has actual physical control of a vehicle within this
state while:
(1) He has a 0.10 percent or more by weight of alco-
hol in his blood as shown by chemical analysis of his
breath, blood, or other bodily substance made under
RCW 46.61.506, as now or hereafter amended; or
(2) He is under the influence of or affected by intoxi-
cating liquor or any drug; or
(3) He is under the combined influence of or affected
by intoxicating liquor and any drug.
The fact that any person charged with a violation of
this section is or has been entitled to use such drug un-
der the laws of this state shall not constitute a defense
against any charge of violating this section. No person
may be convicted under this section if, prior to being
pursued by a law enforcement officer, he has moved the
vehicle safely off the roadway. [1979 1st ex.s. c 176 §.
2.]
48
46.61.590 Unattended motor venicle 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 1st ex.s. c 178
§ 1•]
46.61.710 Mopeds ---General requirements and op-
eration. (1) No person shall operate a moped upon the
highways of this state unless the moped has been as-
signed a moped registration number and displays a mo-
ped 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 on a fully controlled limited
access highway or on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution con-
trol device from a moped is unlawful. [ 1979 1st ex.s. c
213 § 8.]
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 1st ex.s. c 213 §
9.]
46.63.010 Legislative intent. It is the legislative in-
tent 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 imple-
mentation of a uniform and expeditious system for the
disposition of traffic infractions. [1979 1st ex.s. c 136 §
1.]
(Effective - January 1, 1981)
46.63.020 Violations as traffic infractions Ex-
ceptions. Failure to perform any act required or the per-
formance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordi-
nance, regulation, or resolution relating to traffic in-
cluding parking, standing, stopping, and pedestrian
offenses, is designated as a traffic infraction and may
not be classified as a criminal offense, except for an of-
fense 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 intoxi-
cating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhigh-
way vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating li-
quor or narcotics or habit—forming drugs or in a manner
endangering the person of another;
(4) RCW 46.10.130 relating to the operation of
snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of
ownership and registration;
(6) RCW 46.20.021 relating to driving without a valid
driver's license;
(7) RCW 46.20.336 relating to the unlawful posses-
sion and use of a driver's license;
(8) RCW 46.20.342 relating to driving with a sus-
pended or revoked license;
(9) RCW 46.20.410 relating to the violation of re-
strictions of an occupational driver's license;
(10) RCW 46.20.420 relating to the operation of a
motor vehicle with a suspended or revoked license;
(11) Chapter 46.29 RCVA' relating to financial
responsibility;
(12) RCW 46.48.175 relating to the transportation of
dangerous articles;
(13) RCW 46.52.010 relating to duty on striking an
unattended car or other property;
(14) RCW 46.52.020 relating to duty in case of injury
to or death of a person or damage to an attended
vehicle;
(15) RCW 46.52.090 relating to reports by repair-
men, storagemen, and appraisers;
(16) RCW 46.52.100 relating to driving under the in-
fluence of liquor or drugs;
(17) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company
and an employer;
(18) RCW 46.61.015 relating to obedience to police
officers, flagmen, or firefighters;
(19) RCW 46.61.020 relating to refusal to give infor-
mation to or cooperate with an officer;
(20) RCW 46.61.022 relating to failure to stop and
give identification to an officer;
(21) RCW 46.61.500 relating to reckless driving;
(22) RCW 46.61.502 and 46.61.504 relating to per-
sons under the influence of intoxicating liquor or drugs;
(23) RCW 46.61.520 relating to negligent homicide
by motor vehicle;
(24) RCW 46.61.525 relating to negligent driving;
(25) RCW 46.61.530 relating to racing of vehicles on
highways;
(26) RCW 46.61.685 relating to leaving children in
an unattended vehicle with the motor running;
(27) RCW 46.64.020 relating to nonappearance after
a written promise;
(28) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(29) Chapter 46.65 RC\N' relating to habitual traffic
offenders;
49
(30) Chapter 46.70 RCW relating to unfair motor ve-
hicle business practices, except where that chapter pro-
vides for the assessment of monetary penalties of a civil
nature;
(31) Chapter 46.72 RCVA' relating to the transporta-
tion of passengers in for hire vehicles;
(32) Chapter 46.80 RCW relating to 'motor vehicle
wreckers;
(33) Chapter 46.83 RC«V relating to driver's training
schools. [ 1980 c 148 § 7; 1979 ex.s. c 136 § 2.]
(Effective - January 1, 1981)
46.63.030 Notice of traffic infraction Issuance.
(1) A law enforcement officer has the authority to issue
a notice of traffic infraction when the infraction is com-
mitted in the officer's presence or if an officer investi-
gating 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.
(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, or-
dinance, regulation, or resolution, the officer finding the
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 the
vehicle a notice of traffic infraction. [1980 c 128 § 10;
1979 ex.s. c 136 § 3.]
(Effective - January 1, 1981)
46.63.040 Jurisdiction of courts. (1) All violations 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 or police court has the authority to
hear and determine traffic infractions pursuant to this
chapter.
(3) Any city or town with a municipal or police court
may contract with the county to have traffic infractions
committed within the city or town adjudicated by a dis-
trict court.
(4) District court commissioners have the authority to
hear and determine traffic infractions pursuant to this
chapter. [ 1979 ex.s. c 136 § 6.1
(Effective - January 1, 1981)
46.63.060 Notice of traffic infraction—Determi-
nation final unless contested- Form. (1) A notice of
traffic infraction represents a determination that an in-
fraction 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 in-
clude the following:
(a) A statement that the notice represents a determi-
nation that a traffic infraction has been committed by
the person named in the notice and that the determina-
tion shall be final unless contested as provided in this
chapter;
(b) A statement that a traffic infraction is a noncri-
minal offense for which imprisonment may not be im-
posed 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;
(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 neces-
sary to exercise these options;
(f) A statement that at any hearing to contest the de-
termination 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 sur-
rounding 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 seven days or
the person's driver's license will not be renewed by the
department until any penalties imposed pursuant to this
chapter have been satisfied;
(i) A statement that failure to appear at a hearing re-
quested for the purpose of contesting the determination
or for the purpose of explaining mitigating circum-
stances will result in the refusal of the department to re-
new the person's driver's license until any penalties
imposed pursuant to this chapter have been satisfied;
(j) 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;
(k) A statement that failure to respond to a notice of
infraction as promised is a misdemeanor and may be
punished by a fine or imprisonment in jail. [ 1980 c 128
§ 1; 1979 ex.s. c 136 § 8.]
50
(Effective - January 1, 1981)
46.63.070 Response to notice of traffic infrac-
tion --Contesting determination—Hearing Fail-
ure to respond or appear. (I) Any person who receives a
notice of traffic infraction shall respond to such notice as
provided in this section within seven 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 pre-
scribed for the infraction must be submitted_with the re-
sponse. 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 re-
sponse 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, ex-
cept 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 in-
fraction the person shall respond by completing the por-
tion of the notice of infraction requesting a hearing for
that purpose and submitting it, either by mail or in per-
son, to the court specified on the notice. The court shall
notify the person in writing of the time, place, and date
of the hearing.
(3) (a) If any person issued a notice of traffic
infraction:
(i) Fails to respond to the notice of traffic infraction
as provided in subsection (2) of this section; or
(ii) 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 in-
fraction or to appear at a requested hearing.
(b) The department may not renew the driver's license
of any person for whom the court has entered an order
pursuant to (a) of this subsection until any penalties im-
posed pursuant to this chapter have been satisfied. [1980
c 128 § 2; 1979 ex.s. c 136 § 9.]
(Effective - January 1, 1981)
46.63.080 Hearings Rules of procedure—
Counsel.
rocedure .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 chap-
ter. [ 1979 ex.s. c 136 § 10.1
(Effective - January 1, 1981)
46.63.090 Hearings Contesting determination
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 jure.
(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 subpo,.na
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 w•as
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 appro-
priate 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 supe-
rior court is subject only to discretionary review pursu-
ant to Rule 2.3 of the Rules of Appellate Procedure.
[1980 c 128 § 3; 1979 ex.s. c 136 § 11.1
51
(Effective - January 1, 1981)
46.63.100 Hearings—Explanation of mitigating
circumstances. (1) A hearing geld for the purpose of al-
lowing a person to explain mitigating circumstances sur-
rounding the commission of an infraction shall be an
informal proceeding. The person may not subpoena wit-
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 infrac-
tion 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 § 12.1
(Effective - January 1, 1981)
46.63.110 Monetary penalties. (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 may prescribe by rule a sched-
ule of monetary penalties for designated traffic
infractions.
(3) There shall be a penalty of twenty-five dollars for
failure to respond to a notice of traffic infraction or
failure to pay a monetary penalty imposed pursuant to
this chapter.
(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 sub-
ject to the limitation on the amount of monetary penal-
ties 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 be-
fore the time established for payment the court shall no-
tify the department of the failure to pay the penalty, and
the department may not renew the. person's driver's li-
cense until the penalty has been paid and the penalty
provided in subsection (3) of this section has been paid.
[1980 c 128 § 4; 1979 ex.s. c 136 § 13.]
(Effective - January 1, 1981)
52
46.63.120 Order of court—Civil nature
Waiver, reduction, suspension of penalty—Community
service in lieu of penalty. (1) An order entered after the
receipt of a response which does not contest the deter-
mination, 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 chap-
ter 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 re-
quest the court may order performance of a number of
hours of community service in lieu of a monetary pen-
alty, at the rate of the then state minimum wage per
hour. [1979 ex.s. c 136 § 14.]
(Effective - January 1, 1981)
XV.
TEXT OF TRAFFIC STATUTES THAT RELATE TO THE
ABANDONED VEHICLES THAT WERE ADOPTED BY
THE WASHINGTON MTO IN CH. 65, LAWS OF 1980:
46.52.104 Registered owner transferring vehicle re-
lieved of liability upon compliance with section. A regis-
tered owner transferring a motor vehicle shall be
relieved from personal liability under RCW 46.52.106,
46.52.111, 46.52.112, 46.52.117, and 46.52.190 if within
five days of the transfer he transmits to the department
of licensing,on a form prescribed by the director of li-
censing, notice that he has transferred his interest in the
vehicle, the name of the transferee, and the date on
which the transaction was made. [1979 Ist ex.s. c 178 §
8; 1979 c 158 § 164; 1969 ex.s. c 281 § 39.]
46.52.106 Owner of record presumed liable for costs
when vehicle or hulk abandoned Exception. "'hen
any vehicle or hulk is left on the highway such that the
vehicle or hulk may be removed under RCW 46.52.170
through 46.52.190 or 46.61.565 there is a prima facie
presumption that the last owner of record is responsible
for such action and thus liable for any costs incurred in
removing, storing and disposing of such vehicle or hulk.
A registered owner who has complied with the require-
ments of RCW 46.52.104 in the transfer of ownership of
the vehicle or hulk shall be relieved of liability under
this section and under RCW 46.52.190. [1979 1st ex.s. c
178 § 9; 1969 ex.s. c 281 § 40; 1969 ex.s. c 42 § 4.]
46.52.108 Registration certificate for disposal of ve-
hicles and hulks Required, penalty-Applica-
tion—Bond—Fee Insurance uspension
enalty Applica-
tion Bond Fee--Insurance—Suspension or
revocation ---Compliance with state and local rules re-
quired. (1) Any registered disposer as defined in this
chapter who engages in removing, storing, or disposing
of vehicles, abandoned vehicles, or abandoned vehicle
hulks without having first applied for and received a
registration certificate from the department of licensing
authorizing him to engage in such activities is guilty of a
gross misdemeanor.
(2) Application for an abandoned vehicle disposer
registration shall be made on forms furnished by the de-
partment of licensing and shall be signed by the appli-
cant or his agent and shall include the following
information:
53
DISPOSITION OF
REFERENCE IN
(a) Name and address of the person, firm, partner-
ship, association, or corporation under the name the
business is to be conducted;
(b) Names and addresses of all persons having an in-
terest in the business, or if the owner is a corporation,
the names and addresses of the officers of the corpora-
tion; and
(c) A certificate of approval from either the chief of
police of any city or town having a population over five
thousand persons or, in all other instances, from a mem-
ber of the Washington state patrol certifying that:
(i) The applicant has an established place of business
at the address shown on the application;
(ii) The place of business has adequate and secure
storage facilities accessible to the public where vehicles
and their contents can be properly stored and protected;
and
(iii) Any other information the department may
require.
. (3) Before issuing a license to a registered disposer the
department shall require the applicant to file with the
department a surety bond in the amount of three thou-
sand dollars running to the state and executed by a
surety company authorized to do business in the state.
Such bonds shall be approved as to form by the attorney
general and conditioned that such registered disposer
shall conduct his business in conformity with the provi-
sions of this chapter pertaining to vehicles, abandoned
vehicles, or abandoned vehicle hulks, and to compensate
any person, company, or the state for failure to comply
with this chapter, or for fraud, negligence, or misrepre-
sentation in the handling of these vehicles. Injured par-
ties shall have the right to institute an action for
recovery against the registered disposer and the surety
upon the bond. Successive recoveries against the bond
shall be permitted but the aggregate liability of the
surety to all persons shall in no event exceed the amount
of the bond. Upon exhaustion of the penalty of the bond
or cancellation of the bond by the surety, the registra-
tion of the disposer shall automatically be canceled.
(4) (a) Each original application shall be accompa-
nied by a fee of five dollars. If the application is ap-
proved the department shall forward the fee to the state
treasurer for deposit in the motor vehicle fund. The de-
partment shall forward a license to the registered dis-
poser which shall be prominently displayed to signify
that he is authorized to do business as a registered
disposer.
(b) A license issued to a registered disposer shall re-
main in force until suspended, revoked, canceled for
bond expiration, or canceled for insurance expiration.
(c) Whenever a registered disposer has had a bond or
insurance canceled, a license suspended or revoked, or
has ceased to do business, the license shall be immedi-
ately surrendered to the department.
(5) Each registered disposer shall carry insurance in
such amount proportional to the size of the registered
disposer's business as the department may by rule re-
quire to protect against vehicle damage, including but
not limited to fire and theft, from the time a vehicle
comes into his custody until it is sold or reclaimed. Each
registered disposer shall also carry at least fifty thousand
dollars of liability insurance for property damage or
bodily injury.
(6) The director may by order suspend or revoke the
license for any registration as a registered disposer if he
finds that the registrant has not complied with or is not
complying with any law, rule, or regulation relative to
the handling or disposition of vehicles, abandoned vehi-
cles, or abandoned vehicle hulks, or has been adjudged
guilty of violating any such law, rule, or regulation. For
the purpose of this section, the term adjudged guilty
means, in addition to a final conviction in either a state
or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant's appearance
in court, the payment �of a fine, a plea of guilty, or a
finding of guilt regardless of whether the imposition of
sentence is deferred or the penalty is suspended.
(7) .Any registered disposer under contract to a city or
county for the impounding of vehicles shall comply with
such administrative regulations relative to the handling
and disposing of vehicles as may be promulgated by such
city or county and as hereinafter set forth. [1979 1st
ex.s. c 178 § 10; 1979 c 158 § 165; 1969 ex.s. c 281 §
44; 1969 ex.s. c 42 § 5.1
46.52.111 Removal and storage of vehicle or
bulk—Lien—Notices---Contents—Failure by
disposer to comply with time limits. (1) A registered dis-
poser shall take custody of any vehicle or hulk placed in
his custody by a law enforcement officer pursuant to
RCW 46.61.565 or 46.52.180 and shall remove the ve-
hicle or hulk to the established place of business of the
registered disposer where the vehicle or hulk shall be
stored, and the registered disposer shall have a lien upon
the vehicle or hulk for services provided in the towing
and storage of the vehicle or hulk, unless the impound-
ment is determined to have been invalid. However the
lien does not apply to personal property in or upon the
vehicle which personal property is not permanently at-
tached to or is not an integral part of the vehicle. The
54
registered disposer shall also have a claim against the
last registered owner of the vehicle or hulk for services
provided in the towing and storage of the vehicle or
hulk, not to exceed the sum of two hundred dollars, un-
less the removal is determined to be invalid. A registered
owner who has complied with RCW 46.52.104 in the
transfer of ownership of the vehicle or hulk shall be re-
lieved of liability under this section.
(2) Within twenty–four hours after receiving custody
of the vehicle or hulk from the law enforcement officer,
the registered disposer shall give notice of his custody to
the department of licensing and the Washington state
patrol. If a vehicle impounded from private property.
pursuant to this chapter is in the custody of a registered
disposer and remains -unclaimed after seventy–two hours,
the registered disposer shall without undue delay give
notice of his custody to the department. The department
shall supply the last known names and addresses of reg-
istered and legal owners of the vehicles as the names and
addresses appear on the records of the department to the
registered disposer on request without charge in those
cases where the information was not given to the regis-
tered disposer by the law enforcement officer.
(3) Within three days after receiving the names and
addresses of the owners from the department or the law
enforcement officer, the registered disposer shall send a
notice to the registered and legal owners of the vehicle to
the last known addresses of the owners as the addresses
appear on the records of the department by certified or
registered mail, return receipt requested. The notice
shall contain a description of the vehicle or hulk includ-
ing its license number and vehicle identification number
and shall state the amount due the registered disposer
for services in the towing and storage of the vehicle or
hulk and the time and place of public sale if the amount
remains unpaid or if possession of the vehicle is not
otherwise regained pursuant to RCW 46.52.200. The
notice shall not be sent if the registered owner has re-
gained possession of the vehicle pursuant to RCW
46.52.200. If the vehicle is sold pursuant to this chapter,
a copy of the notice with proof of mailing shall be re-
tained in the registered disposer's files and available for
inspection for a period of three years from the date of
sale.
(4) The failure of the registered disposer to comply
with the time limits provided in this chapter shall limit
the accumulation of storage charges to five days except
where delay is unavoidable. The providing of incorrect
or incomplete identifying information to the department
in the abandoned vehicle report shall be considered a
failure to comply with these time limits if correct infor-
mation is available. [1979 1st ex.s. c 178 § 12; 1979 c
158 § 167; 1969 ex.s. c 281 § 41; 1969 ex.s. c 42 § 7.1
46.52.112 Sale of unclaimed vehicle or hulk—
Procedure Proceeds Deficiency.
ulkProcedure—Proceeds—Deficiency. If, after the ex-
piration of fifteen days from the date of mailing of no-
tice to the registered and legal owner, the vehicle or hulk
remains unclaimed and has not been listed as a stolen or
recovered vehicle, then the registered disposer having
custody of such vehicle or hulk shall conduct a sale of
the same at public auction after having first published a
notice of the date, place and time of such auction in a
newspaper of general circulation in the county in which
the vehicle is located not less than three days before the
date of such auction.
Such vehicle or hulk shall be sold at such auction to
the highest bidder. The proceeds of such sale, after de-
ducting the towing and storage charges due the regis-
tered disposer, including the cost of sale, which shall be
computed as in a public auction sale of personal prop-
erty by the sheriff, shall be certified one-half to the
county treasurer of the county in which the vehicle is lo-
cated to be credited to the county current expense fund,
and one-half to the state treasurer to be credited to the
highway safety fund. If the amount bid at the auction is
insufficient to compensate the registered disposer for his
towing and storage charges and the cost of sale, such
registered disposer shall be entitled to assert a claim for
any deficiency, not to exceed two hundred dollars less
the amount bid at the auction, against the last registered
owner of such vehicle or hulk. A registered owner who
has complied with RCW 46.52.104 in the transfer of
ownership of the vehicle or hulk shall be relieved of lia-
bility under this section.
After the public auction and sale of any vehicle or
hulk as in this section provided, and after an application
for certificate of title accompanied by applicable fees
and taxes and supported by an appropriate affidavit re-
citing compliance with the procedures of this chapter has
been submitted, the department of licensing shall issue a
certificate of title showing ownership, of the vehicle or
hulk in the name of the successful bidder at such auc-
tion. The issuance of such certificate of title by the de-
partment shall terminate any and all rights or claims of
prior lienholders and all rights of former owners in and
to such vehicle or hulk.
The department shall establish such additional ad-
ministrative rules and regulations, not inconsistent with
the provisions of this chapter, as may be necessary to
facilitate the disposition of vehicles and hulks in those
instances where the ownership of such a vehicle or hulk
is not known. [ 1979 1st ex.s. c 178 § 13; 1979 c 158 §
168; 1969 ex.s. c 281 § 42; 1969 ex.s. c 42 § 8.]
46.52.113 Vehicle left in garage for storage
—�-
When deemed abandoned Notices—Disposal. Any
vehicle left in a garage for storage more than five days
55
where the same has not been left by the registered owner
under a contract of storage and has not during such pe-
riod been removed by a person leaving the same shall be
an abandoned vehicle and notice shall be given to the
registered and legal owner and to the chief of the
Washington state patrol and to the department of li-
censing of the existence of such abandoned vehicle. Any
garage keeper failing to report such fact to the chief of
the Washington state patrol and the department within
ten days after the commencement of such storage shall
forfeit any claim for the storage of such vehicle. All such
vehicles considered abandoned by being left in a garage
shall be disposed of by the garage keeper, if such keeper
is a registered abandoned vehicle disposer, in accordance
with the procedure prescribed in RCW 46.52.111 and
46.5 2.1 12.
Except for the forfeiture of claim for storage as set
forth herein for failure to report vehicles left in excess of
five days, nothing in this section shall be construed to
impair any lien for storage accruing to a garage keeper
under other law of this state. [ 1979 1 st ex.s. c 178 § 14;
1979 c 158 § 169; 1969 ex.s. c 42 § 9.]
46.52.114 Registered disposer's lien - Unclaimed
vehicle deemed abandoned. A registered disposer, regis-
tered and bonded in accordance with RCW 46.52.108,
who shall tow, transport, or store any vehicle whether by
contract or at the direction of any public officer, shall
have a lien upon the vehicle but not upon the personal
items within the vehicle so long as the vehicle remains in
his possession, for the charges for towing, transportation
or storage; except that if the removal of the vehicle is
determined to be invalid, the registered disposer shall
only have a lien for the charges that accrue after the
determination of invalidity. If a vehicle remains un-
claimed for five days, it may be deemed abandoned and
subject to the provisions.of RCW 46.52.111 and 46.52-
.112. [1979 1st ex.s. c 178 § 15; 1969 ex.s. c 42 § 10.]
46.52.116 City or county ordinances for disposition
of abandoned vehicles authorized Processing of im-
pounded vehicles. A city or county may adopt an ordi-
nance or resolution establishing procedures for the
disposition of abandoned vehicles. Any vehicle im-
pounded pursuant to an ordinance or resolution of any
city or county shall be processed in the manner provided
in RCW 46.52.111 and 46.52.112. [1979 1st ex.s. c 178
§ 17; 1979 c 158 § 171; 1969 ex.s. c 42 § 11.]
46.52.117 City or county ordinances for abatement
and removal of abandoned vehicles or hulks on private
property authorized—Contents. Notwithstanding any
other provision of law, a city, town, or county may adopt
an ordinance establishing procedures for the abatement
and removal as public nuisances of abandoned, wrecked,
dismantled, or inoperative vehicles or automobile hulks
or parts thereof from private property not including
highways. Costs of removal may be assessed against the
last registered owner of the vehicle or automobile hulk if
the identity of such owner can be determined, unless
such owner in the transfer of ownership of such vehicle
or automobile hulk has complied with RCW 46.52.104,
or the costs may be assessed against the owner of the
property on which the vehicle is stored.
Such ordinance shall contain:
(1) A provision requiring notice to the last registered
owner of record and the property owner of record that a
public hearing may be requested before the governing
body of the city, town or county as designated by the
governing body, and that if no hearing is requested, the
vehicle or automobile hulk will be removed.
(2) A provision requiring that if a request for a hear-
ing is received, a notice giving the time, location and
date of such hearing on the question of abatement and
removal of the vehicle or part thereof as a public nui-
sance shall be mailed, by certified or registered mail,
with a five—day return requested, to the owner of the
land as shown on the last equalized assessment roll and
to the last registered and legal owner of record unless
the vehicle is in such condition that identification num-
bers are not available to determine ownership.
(3) A provision that the ordinance shall not apply to
(a) a vehicle or part thereof which is completely en-
closed within a building in a lawful manner where it is
not visible from the street or other public or private
property or (b) a vehicle or part thereof which is stored
or parked in a lawful manner on private property in
connection with the business of a licensed dismantler, li-
censed vehicle dealer, fenced according to the provisions
of RCW 46.80.130.
(4) A provision that. the owner of the land on which
the vehicle is located may appear in person at the hear-
ing or present a written statement in time for considera-
tion at the hearing, and deny responsibility for the
presence of the vehicle on the land, with his reasons for
such 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 other-
wise attempt to collect such cost from the owner.
(5) A provision that after notice has been given of the
intent of the city, town or county to dispose of the vehi-
cle and after a hearing, if requested, has been held, the
vehicle or part thereof, shall be removed, at the request
of a law enforcement officer, and disposed of to a li-
censed auto wrecker 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 parts, or may transfer such vehicle or
parts to another governmental body provided such dis-
posal shall be only as scrap. [ 1979 c 158 § 172; 1969
ex.s. c 281 § 43; 1969 ex.s. c 42 § 12.]
46.52.118 Removal of abandoned vehicle or hulk
from real property Disposal. Any person having pos-
session- or control of real property who Finds an aban-
doned vehicle or abandoned vehicle hulk' as defined in
RCW 46.52.102 standing upon that property is author-
ized to have such vehicle or hulk removed by a person
properly registered pursuant to RCW 46..52.108. Such
vehicle shall be disposed of in accordance) with the pro-
cedure prescribed in RCW 46.52.111 and 46.52.112.
[1975 1st ex.s. c 281 § 1.]
46.52.1192 Unauthorized vehicles Removal from
other private property Posting requirements. No per-
son shall have the right to tow, remove,, impound or
otherwise disturb any motor vehicle other than an aban-
doned vehicle as defined in RCW 46.52.102, which may
be parked, stalled or otherwise left on private property,
other than family residential property, owned or con-
trolled by such person, unless there is posted on or near
the property in a clearly conspicuous location a sign or
notice in compliance with rules and regulations of the
director of licensing providing for, without limitation,
specifications for signs and posting thereof by persons
intending to have unauthorized vehicles removed from
property other than family residential property. Such
regulations shall provide for notification to Any person of
the intent of the property holder to remove any unau-
thorized vehicles and sufficient information to assist in
the prompt recovery of any vehicle removed. Such regu-
lations shall require as a minimum that the language on
any such sign provide:
(1) Notice that unauthorized vehicles will be removed;
(2) The name, telephone number and location of the
towing firm authorized to remove vehicles. [ 1979 c 158
§ 173; 1975 1st ex.s. c 281 § 3.]
56
46.52.1194 Unauthorized vehicles—Removal from
private property Duties required of towing firm.--
Lien—Penalty
irm—
Lien .Penalty for noncompliance. (1) Any towing
firm removing vehicles from private property pursuant to
RCW 46.52.119 or 46.52.1192 shall:
(a) File with the department a detailed schedule of all
fees charged incident to the removal and storage of ve-
hicles pursuant to RCW 46.52.119 or 46.52.1192;
(b) Post a copy of the schedule of fees on file with the
department in a prominent place at the business location
where vehicles are released from storage;
(c) Maintain personnel able and authorized to release
any vehicle to its owner on a twenty–four hour basis;
(d) After removing a vehicle from private property
pursuant to RCW 46.52.119 or 46.52.1192, report the
fact of removal together with the license number, vehicle
identification number, make, year and place of im-
poundment to the law enforcement agency with jurisdic-
tion over the place of impoundment, which agency shall
maintain a log of such reports: Provided, That the re-
porting required in this subsection shall include an im-
mediate radio or telephone call to, and a written
notification, within twenty–four hours, to such local law
enforcement agency;
(e) If any vehicle removed pursuant to RCW 46.52-
.119 or 46.52.1192 remains unclaimed after twenty–four
hours, send to the registered owner of the vehicle by the
end of the next business day a notice by certified mail,
return receipt requested, advising that person of the
name, location and twenty–four hour telephone number
of the person, tow truck operator, or operator of any
storage facility who is empowered or authorized to re-
turn custody of any such towed, removed, or impounded
motor vehicle. The notification shall also contain an es-
timate of the costs of towing, storage, or other services
rendered during the course of removing, impounding, or
storing any such motor vehicle. For the purpose of send-
ing such notice, the law enforcement agency to which
the report was made shall provide the name and address
of the registered owner, as it appears on the records of
the department, to the towing firm removing a vehicle
under the provisions of RCW 46.52.118 through 46.52-
.1198: Provided, That in the event such certified letter
has been refused or returned to sender unclaimed the
notification to the law enforcement agency as provided
in subsection (1)(d) of this section shall constitute actual
notice to the registered and legal owner: Provided fur-
ther, That the effect of other laws notwithstanding, the
costs of towing, storage or other services rendered during
the course of removing, impounding or storing any such
motor vehicle shall not constitute a lien upon the legal
ownership of such motor vehicle until forty–eight hours
after the notice as provided in this subsection has been
received by the local law enforcement agency or owner
of the vehicle, at which time the lien may be enforced as
57
otherwise provided by law for the enforcement of towing
or storage liens or liens generally: And provided further,
That if the towing firm assesses a fee according to the
miles a vehicle is towed, the lien shall be, and the towing
firm shall attempt to recover, no more than the fees that
would accrue for towing to the nearest storage location
of any towing firm.
(2) A failure to comply with the provisions of this
section in regard to any vehicle waives the lien on that
vehicle, constitutes a bar to recovery of the charges ac-
crued on that vehicle, and is grounds for the suspension
or revocation of the registration of any towing firm reg-
istered under RCW 46.52.108 to dispose of the aban-
doned vehicle: Provided, That no storage charges shall
accrue in any event until written notice as provided in
this section shall have been received by the local law en-
forcement agency or owner of the vehicle. [1975 1st ex.s.
c 281 § 4.]
46.52.1196 Unauthorized vehicles Removal from
private property Must be released, when-- Penalty
for defrauding towing firm. Any towing firm removing
vehicles from private property pursuant to RCW 46.52-
.119 or 46.52.1192 shall release such vehicle to the
owner, operator, driver, or authorized designee thereof
upon the presentation to any person having custody of
such vehicle of commercially reasonable tender sufficient
to cover ,the costs of towing, storage or other services
rendered during the course of towing, removing, im-
pounding or storing any such motor vehicle, such com-
mercially reasonable tender to include, without
limitation, cash, personal checks drawn on local banks
with proper identification, and valid and appropriate
credit cards: Provided however, That any person who
stops payment on a personal check with intent to de-
fraud a towing firm which has provided a service pursu-
ant to this section, or in any other manner defrauds the
towing firm in connection with services rendered pursu-
ant 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: Provided further, That
every towing firm providing service pursuant to this sec-
tion shall post a true copy of this section in a conspicu-
ous place upon its business premises: Provided further,
That if the owner, operator, driver or authorized desig•
nee thereof, shall provide adequate proof of his financial
responsibility, employment and residence in the commu-
nity to any person having custody of any towed, re-
moved, impounded or stored motor vehicle, then the
motor vehicle shall be released without payment, with
the understanding that such costs shall be paid within
thirty days, or shall be recoverable through an action by
law. 11975 1st ex.s. c 281 § 5.]
46.52.1198 Disturbing vehicle left on private prop-
ertyLiability. Any person acting to tow, remove or
otherwise disturb any motor vehicle parked, stalled or
otherwise left on privately owned or controlled property,
and any person owning or controlling such private prop-
erty, or either of them, shall be liable to the owner, op-
erator or driver of a motor vehicle, or each of them, for
consequential and incidental damages arising from any
interference with the ownership or use of such motor ve-
hicle which does not comply with the requirements of
RCW 46.52.1192, 46.52.1194, and 46.52.1196. [1975
1st ex.s. c 281 § 6.1
46.52.160 Abandoned junk motor vehicles—Vio-
lations constituting abandoning Evidence ---Pen-
alty.- No person shall wilfully leave an abandoned junk
motor vehicle on private property for more than seventy-
two hours without the permission of the person having
the right to possession of the property, or on a public
street or other property open to the public for purposes
of vehicular travel or parking or upon or within the right
of way of any road or highway, for forty-eight hours -or
longer without notification to the sheriff of the county or
to the chief of police of a city or town of the reasons for
leaving the motor vehicle in such a place.
For the purposes of this section, the fact that a motor
vehicle has been so left without permission or notifica-
tion is prima facie evidence of abandonment.
Any person convicted of abandoning a motor vehicle
shall be fined not less than fifty nor more than one hun-
dred dollars and shall also be assessed any costs incurred
by the county in disposing of such abandoned junk mo-
tor vehicles, less any moneys accruing to the county
from such disposal. [1971 ex.s. c 1 l l § 3.]
46.61.565 Officers authorized to remove certain ve-
hicles. Any 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 any police officer finds a vehicle stand-
ing upon the roadway in violation of any of the provi-
sions of RCW 46.61.560, the officer is hereby
authorized to provide for the removal of the vehicle or
require the driver or other person in charge of the vehi-
cle to move the vehicle to a position off the roadway.
58
(2) Whenever any police officer finds a vehicle unat-
tended upon any highway where the vehicle constitutes
an obstruction to traffic or jeopardizes public safety.
(3) Whenever a police officer finds an unattended ve-
hicle at the scene of an accident or when the driver of
any vehicle involved in an accident is physically or men-
tally incapable, or too intoxicated, to decide 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, and the driver,
because of intoxication or otherwise, is mentally incapa-
ble of deciding upon steps to be taken to safeguard his or
her property.
(5) Whenever a police officer discovers a vehicle
which he determines to be a stolen vehicle.
(6) Nothing in this section shall 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 disposer as defined
in RCW 46.52.102. [1979 1st ex.s. c 178 § 21; 1977
ex.s. c 167 § 4; 1965 ex.s. c 155 § 65.]
XVI.
TEXT OF RCW SECTIONS ADOPTED BY REFERENCE IN THE
WASHINGTON MTO THAT WERE AMENDED BY THE REGULAR
SESSION OF THE 1980 LEGISLATURE:
46.16.500 Liability of operator and/or owner or 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 responsiblity 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.
46.20.342 Driving while license suspended or revoked -Penalty Extension of
suspension or revocation period.
(1) Any person who drives a motor vehicle on any public highway of this state at
a time when his privilege so to do is suspended or revoked in this or any other. state
or when his policy of insurance or bond, when required under this chapter, shall have
been canceled or terminated, shall be guilty of a misdemeanor: PROVIDED, That the
offenses described in RCW 46.20.021 and 46.20.190, as now or hereafter amended, are
lesser included offenses within the offense described by this section. Upon the first
conviction therefor, he shall be punished by imprisonment for not less than ten days
nor more than six months. ' Upon the second such conviction therefor, he shall be
punished by imprisonment for not less than ninety days nor more than one year. Upon
the third such conviction therefor, he shall be punished by imprisonment for one year.
There may also be imposed in connection with each such conviction a fine of not more
than five hundred dollars.
(2) The department 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 upon a charge of driving a vehicle while
the license of such person is under suspension shall extend the period of such suspension
for an additional like period and if the conviction was upon a charge of driving while
a license was revoked the department shall not issue a new license for an additional
period of one year from and after the date such _person would otherwise have been
entitled to apply for a new license.
(Effective - January 1, 1981)
46.20.440 Operation of vehicles requiring special skills Additional examination
and special license endorsement required -Exemption Instruction permit, fee. It
is unlawful for a person to operate upon the public highway any motor -truck, truck -
tractor, school bus, auto stage, for -hire vehicle, or private carrier bus as defined by
RCW 46.04.310, 46.04.650, 46.04.521, 46.04.050, 46.04.190, and 46.04.416 respectively,
found by the director to require special operating skills as hereafter provided, unless
the driver has successfully completed an examination, in addition to the examinations
in RCW 46.20.130, demonstrating the ability of the driver to operate and maneuver
the vehicle or vehicles upon the public highway in a manner not to jeopardize the
safety of persons or property: PROVIDED, That this requirement does not apply to
any person hauling farm commodities from the farm to the processing plant or shipping
point, not to exceed a radius of fifty miles from the farm.
59
The director may issue an instruction permit to an applicant for a period not to
exceed one hundred eighty days. This instruction permit may be renewed for one
additional one hundred eighty -day period. The director shall collect a two dollars and
fifty cent fee for the instruction permit or renewal, and the fee shall be desposited
in the highway safety fund.
The director shall upon completion of such tests specially endorse the driver's license
of the applicant to indicate the type of vehicle qualifications met.
46.37.600 Liability of operator and/or owner or 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.
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 act or omission is responsible therefor. Any person knowingly
and intentionally participating 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.
46.44.170 Mobile home movement special permit --County treasurer certification
of taxes paid—Vehicle 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 the mobile home is located shall endorse or attach thereto his certificate
that all property taxes due upon the mobile home being moved have been satisfied:
PROVIDED, That endorsement or certification by the county treasurer 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 his agent to obtain such endorsement from the county treasurer.
(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 authorities are authorized to adopt
reasonable rules for implementing the provisions of this section.
60
46.48.170 State patrol authority over transport of hazardous materials 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
promulgated by the United States department of transportation, Title 49 CFA parts
100 through 199, transportation of hazardous materials, as these regulations apply to
motor carriers. "Motor carrier" means any person engaged in the transportation 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 committee created by RCW 46.48.190 and may make rules and regulations pertaining
thereto, sufficient to protect persons and property from unreasonable risk of harm or
damage. The chief of the Washington state patrol and the committee shall establish
such additional rules not inconsistent with Title 49 CFR parts 100 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 committee establish a rule imposing a more
stringent standard of care. The chief of the Washington state patrol shall appoint the
necessary qualified personnel to carry out the provisions of RCW 46.48.170 through
46.48.190.
46.52.020 Duty in case of injury to or death of person or damage to attended
vehicle or other property 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 obstructing 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, and vehicle license number and shall exhibit his vehicle
driver's license to any person struck or injured or the driver 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 physician 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 circumstances 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 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.
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(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 and, upon conviction, be
punished by imprisonment for not less than thirty days nor more than one year or by
a fine of not less than one hundred dollars nor more than five hundred dollars, or by
both such fine and imprisonment: 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 information 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.
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 vehicle or property, or has caused injury to any person, shall comply with the
requirements of:
(a) RCW 46.52.010 if his vehicle strikes an unattended vehicle or property adjacent
to a public highway; or
(b) RCW 46.52.020 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 (2xb) of this section shall be
subject to the sanctions set forth in RCW 46.52.020.
46.63.020 Violations as traffic infractions Exceptions. 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
endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
62
(5) Chapter 46.12 RCW relating to certificates of ownership and registration;
(6) RCW 46.20.021 relating to driving without a valid driver's license;
(7) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;
(8) RCW 46.20.342 relating to driving with a suspended or revoked license;
(9) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's
license;
(10) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended
or revoked license;
(11) Chapter 46.29 RCW relating to financial responsibility;
(12) RCW 46.48.175 relating to the transportation of dangerous articles;
(13) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(14) RCW 46.52.020 relating to duty in case of injury to or death of a person or
damage to an attended vehicle;
(15) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(16) RCW 46.52.100 relating to driving under the influence of liquor or drugs;
(17) RCW 46.52.130 relating to confidentiality of the driving record to be furnished
to an insurance company and an employer;
(18) RCW 46.61.015 relating to obedience to police officers, flagmen, or firefighters;
(19) RCW 46.61.020 relatinng to refusal to give information to or cooperate with
an officer;
(20) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(21) RCW 46.61.500 relating to reckless driving;
(22) RCW 46.61.502 and 46.61.504 relating to persons under the influence of
intoxicating liquor or drugs;
(23) RCW 46.61.520 relating to negligent homicide by motor vehicle;
(24) RCW 46.61.525 relating to negligent driving;
(25) RCW 46.61.530 relating to racing of vehicles on highways;
(26) RCW 46.61.685 relating to leaving children in an unattended vehicle with the
motor running;
(27) RCW 46.64.020 relating to nonappearance after a written promise;
(28) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing
crimes;
(29) Chapter 46.65 RCW relating to habitual traffic offenders;
(30) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except
where that chapter provides for the assessment of monetary penalties of a civil nature;
(31) Chapter 46.72 RCW relating to the transportation of passengers in for hire
vehicles;
(32) Chapter 46.80 RCW relating to motor vehicle wreckers;
(33) Chapter 46.83 RCW relating to driver's training schools.
(Effective - January 1, 1981)
46.63.030 Notice of traffic infraction Issuance. (1) A law enforcement officer
has the authority to issue a notice of traffic infraction when the infraction is committed
in the officer's presence or 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.
(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
63
number and may take any other information displayed on the vehicle which may identify
its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.
(Effective - January 1, 1981)
46.63.060 Notice of traffic infraction Determination final unless contested—
Form.
(1) A notice of traffic infraction represents a determination that an 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 determination 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;
(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 seven days or the person's driver's license will not be renewed 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 refusal of the department to renew the person's driver's license until
any penalties imposed pursuant to this chapter have been satisfied;
(j) 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;
(k) A statement that failure to respond to a notice of infraction as promised is a
misdemeanor and may be punished by a fine or imprisonment in jail.
(Effective - January 1, 1981)
46.63.070 Response to notice of traffic infraction—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 seven 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
64
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.
(5xa) If any person issued a notice of traffic infraction:
(i) Fails to respond to the notice of traffic infraction as provided in subsection
(2) of this section; or
(ii) 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.
(b) The department may not renew the driver's license of any person for whom the
court has entered an order pursuant to (a) of this subsection until any penalties imposed
( pursuant to this chapter have been satisfied.
(Effective - January 1, 1981)
46.63.090 Hearings ---Contesting determination 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 infraction 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.
(Effective - January 19 1981)
65
46.63.110 Monetary penalties. (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 may prescribe by rule a schedule of monetary penalties for
designated traffic infractions.
(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice
of traffic infraction or failure to pay a monetary penalty imposed pursuant to this
chapter.
(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 may not
renew the person's driver's license until the penalty has been paid and the penalty
provided in subsection (3) of this section has been paid.
(Effective - January 1, 1981)
46.64.020 Nonappearance after written promise, misdemeanor. Any person wilfully
violating his written and signed promise to appear in court or his written and signed
promise to respond to a notice of traffic infraction, as provided in this title, shall be
guilty of a misdemeanor regardless of the disposition of the charge upon which he was
originally arrested or the disposition of the notice of infraction: PROVIDED, That a
written promise to appear in court or a written promise to respond to a notice of
traffic infraction may be complied with by an appearance by counsel. Any person
who has been issued a notice of infraction pursuant to RCW 46.63.030(3) and who
wilfully fails to respond as provided in this title shall be guilty of a misdemeanor
regardless of the disposition of the notice of infraction.
(Effective - January 1, 1981)
46.90.710 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 this chapter shall be punished by a penalty of not more than two hundred
f if ty dollars.
(Effective date - January 1, 1981.)
70.84.020 "Guide dog" defined. For the purpose of this chapter, the term "guide
dog" shall mean a dog which is in working harness and is trained or approved by an
accredited school engaged in training dogs for the purpose of guiding blind persons or
a dog which is trained or approved by an accredited school engaged in training dogs
for the purpose of assisting hearing impaired persons.
70.84.040 Precautions for drivers of motor vehicles approaching pedestrian who is
carrying white cane or using guide dog. 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) or a totally or partially blind or hearing impaired pedestrian
using a guide dog 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
66
into or upon any crosswalk while there is on such crosswalk, such pedestrian, crossing
or attempting to cross the roadway, if such pedestrian indicates his intention to cross
or of continuing on, with a timely warning by holding up or waving a white cane, or
using a guide dog. The failure of any such pedestrian so to signal shall not deprive
him of the right of way accorded him by other laws.
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XVII.
TEXT OF NEW TRAFFIC STATUTES ENACTED AT THE 1980 REGULAR
SESSION OF THE LEGISLATURE THAT WILL BE RECOMMENDED FOR
ADOPTION BY REFERENCE IN THE WASHINGTON MTO AT THE 1981
SESSION OF THE LEGISLATURE:
RCW 46.44.180 Operation of mobile home pilot vehicle without insurance
unlawful—Amounts—Exceptions—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) 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.
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.
(Effective - January 1, 1981)
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
administrative 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 equivalent 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 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.
(Effective - January 1, 1981)
RCW 46.63.150 Costs and attorney's fees. (1) Notwithstanding any other provision
of law, the court may suspend either a portion or all . of the costs of the action.
(2) The court may not award attorney's fees or costs to the defendant in a traffic
infraction case.
(Effective - January 1, 1981) 68