Ord 90-026i � � � � �
0072.16001
RPB/tw
O1/24/90
ORDINANCE NO. 90-26
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING CERTAIN TRAFFIC
IPIFRACTIONS ESTABLISHED BY STATE STATUTES
BY REFERENCE; CONTAINING A SEVERABILITY
CLAUSE AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Federal Way City Council finds that
this ordinance is in the interests of the public health, safety
and welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Traffic Infractions Adopted bv
Reference. The following statutes of.the State of Washington,
including all future amendments thereto, are hereby adopted by
reference:
1. RCW 46.16.135 - Monthly license fee
- Penalty.
2. RCW 46.16.240 - Attachment of plates
to vehicles - Violations enumerated.
3. RCW 46.16.260 - License registration
certificate - Signature required -
Carried in vehicle - Penalty -
Inspection - Exception.
4. RCW 46.16.381(6) and (7) - Special
parking privileges for disabled
persons - Penalties for unauthorized
use or parking.
5. RCW 46.16.505 - Campers - License
and plates - Application - Fee.
6. RCW 46.20.041 - Physically or
mentally disabled persons -
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Procedure - Restrictions -
Violations - Penalty.
7. RCW 46.20.055 - Instruction permits
and temporary licenses.
8. RCW 46.20.190 - License in immediate
possession and displayed on demand.
9. RCW 46.20.343 - Unlawful to allow
unauthorized minor child or ward to
drive.
10. RCW 46.20.344 - Unlawful to allow
unauthorized person to drive.
11. RCW 46.20.500 - Special endorsement
for motorcycle operator's license -
Moped exception.
12. RCW 46.37.010 - Scope and effect of
regulations - General penalty.
13. RCW 46.37.020 - When lighted lamps
and signaling devices are required.
14. RCW 46.37.070 - Stop lamps and turn
signals required.
15. RCW 46.37.140 - Lamps, reflectors,
and flags on projecting load.
16. RCW 46.37.180 - Spot lantps and
auxiliary lamps.
17. RCW 46.37.190 - Warning devices on
buses, emergency vehicles - Driver's
duty to yield and stop.
18. RCW 46.37.230 - Use of multiple-beam
road equipment.
19. RCW 46.37.390 - Mufflers, prevention
of noise - Smoke and air
contaminants - Standards -
Definitions.
20. RCW 46.37.420 - Restrictions as to
tire equipment.
21. RCW 46.37.425 - Authority of state
patrol regarding tires - Rules and
regulations - Penalty.
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22. RCW 46.37.490 - Safety load chains
and devices required.
23. RCW 46.37.522 - Motorcycles and
motor-driven cycles - When head
lamps and tail lamps to be lighted.
24. RCW 46.37.530 - Motorcycles or
motor-driven cycles - Mirrors,
glasses, goggles, face shields,
helmets - Children - Rules by state
patrol.
25. RCW 46.44.070 - Drawbar requirements
- Trailer whipping or weaving -
Towing flag.
26. RCW 46.44.080 - Local regulations -
State highway regulations.
27. RCW 46.44.105 - ' Enforcement
procedures - Penalties - Rules.
28. RCW 46.52.030 - Accident reports.
29. RCW 46.52.088 - Reports - False
information.
30. RCW 46.61.050 - Obe¢lience to and
required traffic control devices.
31. RCW 46.61.060 - Pedestrian control
C signals.
32. RCW 46.61.080 - Interference with
official traffic-control devices or
railroad signs or signals.
33. RCW 46.61.100 - Keep right except
when passing, etc.
34. RCW 46.61.110 - Overtaking a vehicle
on the left.
35. RCW 46.61.115 - When overtaking on
the right is permitted.
36. RCW 46.61.120 - Limitations on
overtaking on the left.
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37. RCW 46.61.125 - Further limitations
on driving to left of center of
roadway. .
38. RCW 46.61.135 - One-way roadways and
rotary traffic island.
39. RCW 46.61.140 - Driving on roadways
laned for traffic.
40. RCW 46.61.145 - Eollowing too
closely.
41. RCW 46.61.150 - Driving on divided
highways.
42. RCW 46.61.180 - Vehicle approaching
intersection.
43. RCW 46.61.190 - Vehicle entering
stop or yield intersection.
44. RCW 46.61.195 - Arterial highways
designated - Stopping on entering.
45. RCW 46.61.205 - Vehicle entering
highway from private road or
driveway.
46. RCW 46.61.210 - Operation of
vehicles on approach of authorized
emergency vehicles.
47. RCW 46.61.235 - Pedestrians' right
of way in crosswalks.
48. RCW 46.61.250 - Pedestrians on
roadways.
49. RCW 46.61.266 - Pedestrians under
the influence of alcohol or drugs.
50. RCW 46.61.290 - Required position ,
and method of turning at
intersections.
51. RCW 46.61.295 - "U" turns.
52. RCW 46.61.300 - Starting parked
vehicle.
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53. RCW 46.61.305 - Turning, stopping,
moving right or left - Signals
required - Improper use prohibited.
54. RCW 46.61.310 - Signals by hand and
arm or signal lamps.
55. RCW 46.61.365 - Emerging from alley,
driveway, or building.
56. RCW 46.61.370 - Overtaking and
passing school bus.
57. RCW 46.61.385 - Sch�ool patrol -
Appointment - Authority - Finance -
Insurance.
58. RCW 46.61.400 - Basic rule and
maximum limits.
59. RCW 46.61.425 - Minimum speed
regulation - Passinq slow moving
vehicle.
60. RCW 46.61.519 - Alcoholic beverages
- Drinking or open container in
vehicle on highway - Exceptions.
61. RCW 46.61.570 - Stopping, standing,
or parking prohibited in specified
places - Reserving portion of
highway prohibited.
62. RCW 46.61.610 - Riding on
motorcycles.
63. RCW 46.61.611 - Riding on
motorcycles - Maximum height for
handlebars.
64. RCW 46.61.612 - Riding on
motorcycles - Both feet not to be on
same side.
65. RCW 46.61.615 - Obstructions to
driver's view or driving mechanism.
66. RCW 46.61.625 - Riding in trailers.
67. RCW 46.61.645 - Throwing or
depositing glass, etc., on highway
prohibited - Removal.
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69. RCW 46.61.655 - Permitting escape of
load materials.
69. RCW 46.61.660 - Carrying persons or
animals on outside part of vehicle.
70. RCW 46.61.670 - Driving with wheels
off roadway.
71. RCW 46.61.687 - Child passenger
restraint required - Conditions -
Penalty for violation - Dismissal -
Noncompliance not negligence.
72. RCW 46.90.545 - Bicycles - Obedience
to traffic control devices.
73. RCW 46.61.688 - Safety belts, use
required - Penalties - Exemptions.
Section 2. Unless anot�ier penalty is expressly
provided by law, any person found to have committed an act which
violates the provisions of this ordinan�e, shall be guilty of a
traffic infraction and shall be punished by a penalty of not more
than two hundred fifty dollars.
Section 3. Severabilitv. If any section,
sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court o$ competent jurisdiction,
such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 4 . Effective Date This ordinance shall be
effective as of the date of incorporation, February 28, 1990,
which is more than five (5) days after publication of an approved
summary consisting of the title to this ordinance.
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PASSED by the City Council of the City of Federal
Way this 13th day of February, 1990.
CITY OF FEDERAL WAY
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
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L��. /i . /_' �� . � _/`�'
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APPROVED AS' TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: February 16, 1990
EFFECTIVE DATE: 02/28f�90
ORDINANCE NO. 90-26
RPB018780
January 31, 1990
February 13, 1990
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� �� � Rules of
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(5) During the period from June 11, 1986, to January
: 1, 1987, a person violating this section may be issued a
;. written warning of the violation. After January l, 1987,
,� a person violating this section shall be issued a notice of
traffic infraction under chapter 46.63 RCW. A finding
`' Lhat a person has committed a traffic infraction under
'; this section shall be contained in the driver's abstract but
; shall not be available to insurance companies or
� employers.
; (6) Failure to comply with the requirements of this
': section does not constitute negligence, nor may failure to
�" ,wear a safety belt assembly be admissible as evidence of
`'.` negligence in any civil action.
(7) Enforcement of this section by law enforcement
'' officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for a
'" suspected violation of Title 46 RCW or an equivalent
local ordinance or some other offense.
(8) This section does not apply to an operator or pas-
senger who possesses written veri�cation from a licensed
physician that the operator or passenger is unable to
wear a safety belt for physical or medical reasons.
(9) The *commission on equipment may adopt rules
exempting operators or occupants of farm vehicles, con-
� struction equipment, and vehicles that are required to
make frequent stops from the requirement of wearing
safety belts. [1986 c 152 § 1.]
'Reviser's note: The powers and duties of the commission on equip-
` ment were vansferred to the Washington state patrol by 1987 c 330 §
706. See RCW 46.37.005.
Study of effectireness 1986 c 152: "The traffic safety commis-
sion shall undertake a study of the effectiveness of section 1 of this act
and shall report its finding to the legislative transportation committee
by January 1, 1989." (1986 c 152 § 3.]
Physicians—Immunity from liability regarding safety belts: RCW
4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW
46.37.510.
46.61.688 Safety belts, use required Penal-
ties—�xe:..��ions. (1) For the purposes of this section,
the term "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive
power, except trailers, designed to carry more than ten
passengers;
(b) "Multipurpose passenger vehicles," meaning mo-
tor vehicles with motive power, except trailers, designed
to carry ten persons or less that are constructed either on
a truck chassis or with special features for occasional
off–road operation;
(c) "Passenger cars," meaning motor vehicles with
motive power, except multipurpose passenger vehicles,
motorcycles, or trailers, designed for carrying ten pas-
sengers or less; and
(d) "Trucks," meaning motor vehicles with motive
power, except trailers, designed primarily for the trans-
portation of property.
(2) This section only applies to motor vehicles that
meet the manual seat belt safety standards as set forth
in federal motor vehicle safety standard 208. This sec-
tion does not apply to a vehicle occupant for whom no
safety belt is available when all designated seating posi-
tions as required by federal motor vehicle safety stan-
dard 208 are occupied.
(3) Every person sixteen years of age or older operat-
ing or riding in a motor vehicle shall wear the safety belt
assembly in a properly adjusted and securely fastened
manner.
(4) No person may operate a motor vehicle unless all
passengers under the age of sixteen years are either
wearing a safety belt assembly or are securely fastened
into an approved child restraint device.
(1989 Fd.)
Vehicle
1969 ex.s. c 170 § 7; 1961 c 12 § 46.16.135. Prior: 1951
c 269 § 16.]
Effective date--1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability-1985 c 380: See RCW 46.87.900.
Effectire date--�Severability-1979 ex.s. c 136: See notes foi-
lowing RCW 46.63.010.
Effective dates—�everability-1975–'76 2nd ex.s. c 64: See
notes following RCW 46.16.070.
Effective date–�Severability-1975 lst ex.s. c 118: See notes
following RCW 46.16.006.
46.16.135 Monthly license fee—Penalty. The an-
nual vehic�P licensing fees as provided in RCW 46.16-
.070 for any motar vehicle or combination of vehicles
having a declared gross weight in excess of twelve thou-
sand pounds may be paid for an� full registration month
or months at one–twelfth bf the usual annual fee plus
two dollars, this sum to be multiplied by the number of
full months for which the fees are paid if for less than a
full year. An additional fee of two dollars shall be col-
lected each time a license fee is paid.
Operation of a vehicle licensed under the provisions of
this section by any person upon the public highways af-
ter the expiration of the monthly license is a traf�c in-
fraction, and in addition the person shall be required to
pay a license fee for the vehicle involved covering an en-
tire registration year's operation, less the fees for any
registration month or months of the registration year al-
ready paid. If, within five days, no license fee for a full
registration year has been paid as required aforesaid, the
Washington state patrol, county sheriff, or city police
shall impound such vehicle in such manner as may be
directed for such cases by the chief of the Washington
state patrol, until such requirement is met. [ 1986 c 18 §
12; 1985 c 380 § 19; 1979 ex.s. c 136 § 46; 1979 c 134 §
1; 1975–'76 2nd ex.s. c 64 § 3; 1975 lst ex.s. c 118 § 6;
(1989 Ed.)
46.16.240 Attac6ment of plates to vehicles—Vio-
lations enumerated. The vehicle license number plates
shatl be attached conspicuously at the front and rear of
each vehicle for which the same are issued and in such a
(Title 46 RCW 50]
Motor Vehicles
manner that they ca❑ be plainly seen and read at all
times: Provided, That if only one license number plate is
legally issued for any vehicle such plate shall be con-
spicuously attached to the rear of such vehicle. Each ve-
hicle license number plate shall be placed or hung in a
horizontal position at a distance of not less than one foot
nor more than four feet from the ground and shall be
kept clean so as to be plainly seen and read at all times:
Provided, however, That in cases where the body con-
struction of the vehicle is such that compliance with this
section is impossible, permission to deviate therefrom
may be granted by the state patrol. It shall be unlawful
to display upon the front or rear of any vehicle, vehicle
license number plate or plates other than those furnished
by the director for such vehicle or to display upon any
vehicle any vehicle license number plate or plates which
have been in any manner changed, altered, dis�gured or
have become illegible. License plate frames may be used
on vehicle license number plates only if the frames do
not obscure license tabs or identifying letters or numbers
on the plates and the plates can be plainly seen and read
at all times. It is unlawful to use any holders, frames, or
any materials that in any manner change, alter, or make
the vehicle license number plates illegible. It shall be
unlawful for any person to operate any vehicle unless
there shall be displayed thereon yalid vehicle license
number plates attached as herein provided. [1987 c 330
§ 704; 1987 c 142 § 3; 1969 ex.s. c 170 § 10; 1967 c 32
§ 18; 1961 c 12 § 46.16.240. Prior: 1947 c 89 § 1; 1937
c 188 § 36; Rem. Supp. 1947 § 6312-36.]
Reriser's note: This section was amended by 1987 c 142 § 3 and by
1987 c 330 § 704, each without reference to the other. Both amend-
ments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Rules of courh Monetary penalty schedule—JTIR 6.2.
Construction—Application of rules—Severability-1987 c
330: See notes following RCW 28B.12.050.
46.61.610 Riding on motorcycles. A person operating
a motorcycle shall ride only upon the permanent and
regular seat attached thereto, and such operator shall
not carry any other person nor shall any other person
ride on a motorcycle unless such motorcycle is designed
to carry more than one person, in which event a passen-
ger may ride upon the permanent and regular seat if de-
signed for two persons, or upon another seat firmly
attached to the motorcycle at the rear or side of the op-
erator: Provided, however, That the motorcycle must
contain foot pegs, of a type approved by the equipment
commission, for each person such motorcycle is designed
to carry. [1975 c 62 § 37; 1967 c 232 § 5; 1965 ex.s. c
155 § 70.]
Rules of court Monetary penalty schedule—JTIR 6.2.
Severability-1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles: RCW 46.37.530, 46.3Z535.
Mopeds: RCW 46.16.63Q 46.6I.7(0, 46.61.720. '
[Title 46 RCW—p 192J
Motor Vehicles
46.61.611 Riding on motorcycles Maximum
height for handlebars. No person shall operate on a pub-
lic highway a motorcycle in which the handlebars or
grips are more than fifteen inches higher than the seat
or saddle for the operator. [1967 c 232 § 6.]
Rules of court: Monetary penalty schedule 6.2.
46.61.612 Riding on motorcycles—Both feet not to
be on same side. No person shall ride a motorcycle in a
position where both feet are placed on the same side of
the motorcycle. [1967 c 232 § 7.]
Rules o! court: Monetary penalty schedule 6.2.
46.61.625 Riding in trailers. No person or Y•.•-
shall occupy any trailer while it is being moved upon;
public highway, except a person occupying a proper
sition for steering a trailer designed to be steered from`
rear–end position. []965 ex.s. c 155 § 73.]
(1989
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46.61.615 Obstructions to driver's view or
mechanism. (1) No person shall drive a vehicle wh
so loaded, or when there are in the front seat
number of persons, exceeding three, as to obstri
view of the driver to the front or sides of the vei
as to interfere with the driver's control over the
mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in suc
tion as to interfere with the driver's view ahead o�
sides, or to interfere with his control over the
mechanism of the vehicie. [1965 ex.s. c 155 § 71.
Rules ot courh Monetary pe�alty schedule—JTIR 6.2.
Motor Vehicles
(vi) At any place where official signs prohibit
standing.
(c) Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually en-
gaged in loading or unloading property or passengers:
(i) Within �fty feet of the nearest rail of a railroad
crossing; �or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the
manner provided by law at all other places except a time
limit may be imposed or parking restricted at other
places but such limitation and restriction shall be by city
ordinance or county resolution or order of the secretary
of transportation upon highways under their respective
jurisdictions.
(3) No person shall move a vehicle not lawfully under
his or her control into any such prohibited area or away
from a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or
attempt to reserve any portion of a highway for the pur-
pose of stopping, standing, or parking to the exclusion of
any other like person, nor shall any person be granted
such right. [1977 ex.s. c 151 § 40; 1975 c 62 § 35; 1965
ex.s. c 155 § 66.j
Rules ot court: Monetary penalty schedule—JTIR 6.2.
Federal requirements--- ex.s. c 151: See
RCW 47.98.070 and 47.98.080.
SeverabiGty-1975 c 62: Sec note following RCW 36.75.010.
46.61.570 Stopping, standing, or parking pro6ibited
in specified places—Reserving portion of highway pro-
bibited. (1) Except when necessary to avoid conflict with
other traffic, or in compliance with law or the directions
of a police officer or of�cial traf�c control device, no
person shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or
parked at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or
within thirty feet of points on the curb immediately op-
posite the ends of a safety zone, unless of�cial signs or
markings indicate a different no–parking area opposite
the ends of a safety zone;
(vi) Alongside or opposite any stre�t excavation or
obstruction when stopping, standing, or parking would
obstruct traf�c;
(vii) Upon any bridge or other elevated structure upon
a highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided high-
way including crossovers; or
(x) At any place where official signs prohibit
stopping.
(b) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a passenger
or passengers:
(i) In front of a public or private driveway or within
five feet of the end of the curb radius leading thereto;
(ii) Within fifteen feet of a fire hydrant;
(iii) Within twenty feet of a crosswalk;
(iv) Within thirty feet upon the approach to any
flashing signal, stop sign, yield sign, or traffic control
signal located at the side of a roadway;
(v) Within twenty feet of the driveway entrance to
any fire station and on the side of a street opposite the
entrance to any fire station within seventy–five feet of
said entrance when properly signposted; or
[Title 46 RCW—p 190]
46.61.655 Permitting escape of load materials. (1)
No vehicle shall be driven or moved on any public high-
way unless such vehicle is so constructed or loaded as to
prevent any of its load from dropping, sifting, leaking, or
otherwise escaping therefrom, except that sand may be
dropped for the purpose of securing traction. Any person
operating a vehicle from which any glass or objects have
fallen or escaped, which would constitute an obstruction
or injure a vehicle or otherwise endanger travel upon
such public highway shall immediately cause the public
highway to be cleaned of all such glass or objects and
shall pay any costs therefor.
(2) No person may operate on any public highway
any vehicle with any load unless the load and such cov-
ering as required thereon be [by] subsection (3) of this
section is securely fastened to prevent the covering or
load from becoming loose, detached, or in any manner a
hazard to other users of the highway.
(3) Any vehicle operating on a paved public highway
with a load of dirt, sand, or gravel susceptible to being
dropped, spilled, leaked, or otherwise escaping therefrom
�� (1989 Ed.)
Road 46.61.670
shall be covered so as to prevent spillage. Covering of
such loads is not required if six inches of freeboard is
maintained within the bed.
(4) Any vehicle with deposits of mud, rocks, or other
debris on the vehicle's body, fenders, frame, undercar-
riage, wheels, or tires shall be cleaned of such material
before the operation of the vehicle on a paved public
highway.
(5) The legislative transportation committee shall
monitor the effects of subsections (2) through (4) of this
section after June I1, 1986, until January 1, 1987, to
determine if modifications to this section are necessary.
(6) The *commission on equipment may make neces-
sary rules to carry into effect the provisions of this sec-
tion, applying such provisions to specific conditions and
loads and prescribing means, methods, and practices to
effectuate such provisions.
(7) Nothing .in this section may be construed to pro-
hibit a public maintenance vehicle from dropping sand
on a highway to enhance traction, or sprinkling water or
other substances to clean or maintain a highway. [ 1986
c 89 § 1; 1971 ex.s. c 307 § 22; 1965 ex.s. c 52 § 1; 1961
c 12 § 46.56.135. Prior: 1947 c 200 § 3, part; 1937 c 189
§ 44, part; Rem. Supp. 1947 § 6360-44, part. Formerly
RCW 46.56.135.]
'Reviser's note: The powers and duties of the commission on equip-
ment were transferred to the Washington state patrol by 1987 c 330 §
706. See RCW 46.37.005.
Rules ot court: Monetary penalty schedule—JTIR 6.2.
Severability-1971 ex.s. c 307: See RCW 70.93.900.
46.61.645 Throwing or depositing glass, etc., on
6ighway pro6ibited Removal. (1 } No person shali
throw or deposit upon any highway any glass bottle,
glass, nails, tacks, wire, cans or any other substance
likely to injure any person, animal or vehicle upon such
highway.
(2) Any person who drops, or permits to be dropped
or thrown, upon any highway any destructive or injuri-
ous material shall immediately remove the same or
cause it to be removed.
(3) Any person removing a wrecked or damaged vehi-
cle from a highway shall remove any glass or other inju-
rious substance dropped upon the highway from such
vehicle. [1965 ex.s. c 155 § 77.]
Ru/es of court: Monetary penalty schedule 6.2.
46.61.660 Carrying persons or animals on outside
part of vehicle. It shall be unlawful for any person to
transport any living animal on the running board, fend-
ers, hood, or other outside part of any vehicle unless
suitable harness, cage or enclosure be provided and so
attached as to protect such animal from falling or being
thrown therefrom. It shall be unlawful for any person to
transport any persons upon the running board, fenders,
hood or other outside part of any vehicle, except that
this provision shall not apply to authorized emergency
vehicles. [1961 c 12 § 46.56.070. Prior: 1937 c 189 §
115; RRS § 6360-115. Formerly RCW 46.56.070.]
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46.61.670 Title 46 RCW:
or all of the wheels off the roadway thereof, except as
permitted by RCW 46.61.428 or for the purpose of
stopping off such roadway, or having stopped thereat,
for proceeding back onto the pavement, gravel or
crushed rock surface thereof. [1977 ex.s. c 39 § 2; 1961
c 12 § 46.56.130. Prior: 1937 c 189 § 96; RRS §
6360-96. Formerly RCW 46.56.130.]
46.61.670 Driving with w6eels off roadway. It shall
be unlawful to operate or drive any vehicle or combina-
tion of vehicles over or along any pavement or gravel or
crushed rock surface on a public highway with one wheel
[TiNe 46 RCR'—p 193]
46.61.687 Child passenger restraint required
�' Conditions Penalty for violation—Dismissal
� Noncompliance not negligence. (1) After December 31,
i983, the parent or legal guardian of a child less than
' five years old, when the parent or legal guardian is
operating anywhere in the state his or her own motor
vehicle registered under chapter 46.16 RCW, in which
the child is a passenger, shall have the child properly se-
cured in a manner approved by the state patrol. Even
though a separate child passenger restraint device is
[Title 46 RCW 194)
Motor Vehicles
considered the ideal method of protection, a properly
adjusted and fastened, federally approved seat belt is
deemed suf�cient to meet the requirements of this sec-
tion for children one through four years of age.
(2) During the period from January 1, 1984, to July
1, 1984, a person violating subsection (1) of this section
may be issued a written warning of the violation. After
July' 1, 1984, a person violating subsection (1) of this
section may be issued a notice of traf�c infraction under
chapter 46.63 RCW. If the person to whom the notice
was issued presents proof of acquisition of an approved
child passenger restraint system within seven days to the
jurisdiction issuing the notice, the jurisdiction shall dis-
miss the notice of traffic infraction. If the person fails to
present proof of acquisition within the time required, he
or she is subject to a penalty assessment of not less than
thirty dollars.
(3) Failure to comply with the requirements of this
section shall not constitute negligence by a parent or le-
gal guardian; nor shall failure to use a child restraint
system be admissible as evidence of negligence in any
civil action. [1987 c 330 § 745; 1983 c 215 § 2.)
Construction-Application of rules-�2verability-1987 c
330: See notes following RCW 28B.12.050.
Severability-1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.5�5.
46.90.545 Bicycles--0bedience to traffic control
devices. (1) Any person operating a bicycle shall obey
the instructions of official traf�c control devices appli-
cable to vehicles, unless otherwise directed by a police
of�cer.
(2) Whenever authorized signs are erected indicating
that no right or left or U turn is permitted, no person
operating a bicycle shall disobey the directions of any
such sign, except where such person dismounts from the
bicycle at the right–hand curb or as close as is practica-
ble to the right edge of the right–hand shoulder to make
any such turn, in which event such person shall then
obey the regulations applicable to pedestrians. [1975 lst
ex.s. c 54 § 99.]
46.16.260 License registration certificate—�igna-
ture required—�arried in vehicl� Penalty In-
spection Exception. A certificate of license
registration to be valid must have endorsed thereon the
signature of the registered owner (if a firm or corpora-
tion, the signature of one of its officers or other duly
authorized agent) aad must be carried in the vehicle for
which it is issued, at all times in the manner prescribed
by the department. It shall be unlawful for any person to
operate or have in his possession a vehicle without car-
rying thereon such certi�cate of license registration. Any
person in charge of such vehicle shall, upon demand of
any of the local authorities or of any police of�cer or of
any representative of the department, permit an inspec-
tion of such certi�cate of license registration. This sec-
tion does not apply to a vehicle for which annual renewai
of its license plates is not required and which is marked
in accordance with the provisions of RCW 46.08.065.
[ 1986 c 18 § 16; 1979 ex.s. c 113 § 3; 1969 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.)
Effective dat�-1986 c 18: See RCW 46.87.901.
( I989 Ed.)
46.16.381
Title 46 RCW:
person, the removed plate shall be immediately for-
warded to the director to be reissued later upon payment
of the regular registration fee.
(4) The special license plate shatl 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 temporary card which shail be
renewed, when required by the director, by satisfactory
proof of the right to continued use of the card.
(5) Additional fees shall not be charged for the issu-
ance 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 li-
cense plate except the regular motor vehicle registration
fee and any other fees and taxes required to be paid
upon initial registration of a motor vehicle.
(6) Any unauthorized use of the special card, the de-
cal, or the special license plate is a traf�c infraction.
(7) It is a traf�c infraction, with a monetary pena(ty
of not less than fifteen and not more than fifty dollars
for any person to park a vehicle in a parking place pro-
vided on private property without charge or on public
property reserved for physically disabled persons without
a special license plate, card, or decal. If a person is
charged with a violation, the person shall not be deter-
mined to have committed an infraction if the person
produces in court or before the court appearance the
special license plate, card, or decal required under this
section or demonstrates that the person was entitled to
the special license plate, card, or decal.
(8) It is a misdemeanor for any person to wilfully ob-
tain a special decal, license plate, or card in a manner
other than that established under this section. [ 1986 c 96
§1;1984c154§2.]
Intent-1984 c 154: "The legislature intends to extend special
parking privileges to persons with disabilities that substantially impair
mobility." [1984 c 154 § 1.]
Application-1984 c 154: "This act applies to special license
plates, cards, or decals issued after June 7, 1984. Nothing in this act
invalidates special license plates, cards, or decals issued before June 7,
1984." [1984 c 154 § 9.j
Severability-1984 c 154: "If any provision of this act or its ap-
plication to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or cir-
cumstances is not affected." [1984 c 154 § 10.]
46.16.381 Special parking privileges for disabled per-
sons--Penalties for unauthorized use or parking. (1)
The director shall grant special parking privileges to any
person whc� meets one of the following criteria:
(a) Loss of both lower limbs;
(b) Loss of normal or full use of the lower limbs to
sufficiently constitute a severe disability;
(c) Is so severely disabled, that the person cannot
move without the aid of crutches or a wheelchair;
(d) Loss of both hands;
(e) Suffers from lung disease to such an extenE that
forced expiratory respiratory volume, when measured by
spirometry is less than one liter per second; or
(f) Impairment by cardiovascular disease to the extent
that the person's functional limitations are classi�ed as
class III or IV under standards accepted by the Ameri-
can Heart Association.
(2) Persons with special parking privileges are entitled
to receive from the department of licensing both a spe-
cial card to be left in a vehicle in a conspicuous place
and, for one motor vehicle only, a decal to be attached to
the vehicle in a conspicuous place designated by the di-
rector. Instead of the decal and regular motor vehicle li-
cense plates, the disabled persons are entitled to receive
a special license plate. The card, decal, and special li-
cense plate shall be designed to show distinguishing
marks, letters, or numerals indicating that the vehicle is
being used to transport a disabled person. Persons using
vehicles displaying the special license plate, card, or de-
cal shall be permitted to park in places otherwise re-
served for physically disabled persons. The director shall
also adopt rules providing for the issuance of special
cards to public transportation authorities, nursing homes
licensed under chapter 18.51 RCW, senior citizen cen-
ters, and private nonpro�t agencies as de�ned in chapter
24.03 RCW � that regularly transport disabled persons
who have been determined eligible for special parking
privileges provided under this section. The special card
shall be displayed in a vehicle operated when actually
transporting the disabled persons. Public transportation
authorities, nursing homes, senior citizen centers, and
private nonprofit agencies are responsible for insuring
that the special cards are not used improperly and are
responsible for all fines and penalties for improper use.
(3) Whenever the disabled person transfers or assigns
his or her interest in the vehicle, the special decals or li-
cense plate shall be removed from the motor vehicle.
The person shall immediately surrender the decal to the
director together with a notice of the transfer of interest
in the 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. If another vehicle is ac-
quired by the disabled person and a special plate is used,
the plate shall be attached to the vehicle, and the direc-
tor shall be immediately noti�ed of the transfer of the
plate. If another vehicle is not acquired by the disabled
[Title 46 RCW—p 53]
46Z0.190 License in immediate possession and dis-
played on demand. Every licensee shall have his driver's
license in his immediate possession at all times when
operating a motor vehicle and shall display the same
upon demand to any police of�cer or to any other person
when and if required by law to do so. The offense de-
scribed in this section is a nonmoving offense. [1979
ex.s. c 136 § 56; 1965 ex.s. c 121 § I5; 1961 c 12 § 46-
.20.190. Prior: 1937 c 188 § 59; RRS § 6312-59; 1921 c
108 § 7, part; RRS § 6369, part.]
Effective date--,Severability-1979 ex.s. c 136: See notes fol-
lowing RCW 46.63A10.
Drive�s license, duty to display under other circumstances: RCW 46-
.52.020, 46.61.020, 46.61.021.
46.16.260 License registration certificate—Signa-
ture required—Carried in vehicle--Penalty In-
spection Exception. A certificate of license
registration to be valid must have endorsed thereon the
signature of the registered owner (if a firm or corpora-
tion, the signature of one of its of�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 department. It shall be unlawful for any person to
operate or have in his possession a vehicle without car-
rying thereon such certificate of license registration. Any
person in charge of such vehicle shall, upon demand of
any af the local authorities or of any police officer or of
any representative of the department, permit an inspec-
tion of such certi�cate of license registration. This sec-
tion does not apply to a vehicle for which annual renewal
of its license plates is not required and which is marked
in accordance with the provisions of RCW 46.08.065.
[1986 c 18 § 16; 1979 ex.s. c 113 § 3; 1969 ex.s. c 170 §
11; 1967 c 32 § 19; 1961 c l2 § 46.16.260. Prior: 1955 c
384 § 18; 1937 c 188 § 8; RRS § 6312-8.]
Effective date-1986 c 18: See RCW 46.87.901.
(1989 Ed.)
L.�
46.16.505 Catnpers License and plates—Ap-
plication—Fee. It shall be unlawful for a person to
operate any vzhicle equipped with a camper over and
along a public high�vay of this state without �rst having
obtained and having in full force and effect a current
(1989 Ed.)
�.
Vehicle I
and proper camper license and displaying a camper li-
cense n�.mber plate therefor as required by law: Pro-
vided, however, That if a camper is part of the inventory
of a manufacturer or dealer and is unoccupied at all
times, and a dated demonstration permit, valid for no
more than seventy–two hours is carried in the motor ve-
hicle at all times it is operated by any such individual,
such camper may be demonstrated if carried upon an
appropriately licensed vehicle.
Application for an original camper license shall be
made on a form furnished for the purpose by the direc-
tor. Such application shall be made by the owner of the
camper or his duly authorized agent over the signature
of such owner or agent, and he shall certify that the
statements therein are true and to the best of his knowl-
edge. The application must show:
(1) Name and address of the owner of the camper;
(2) Trade name of the camper, model, year, and the
serial number thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each
registration year or fractional part thereof and upon
each camper a license fee or, if the camper was previ-
ously licensed in this state and has not been registered in
another jurisdiction in the intervening period, a renewal
license fee. Such license fee shall be in the sum of four
dollars and ninety cents, and such renewal license fee
shall be in the sum of three dollars and fifty cents.
Except as otherwise provided for in this section, the
provisions of chapter 46.16 RCW shall apply to campers
in the same manner as they apply to vehicles. [1975 lst
ex.s. c 118 § 11; 1975 c 41 § 1; 1971 ex.s. c 231 § 7.]
EffecHve date--�Severability-1975 lst exs. c 118: See notes
following RCW 46.16.006.
Effective date-1971 ex.s. c 231: See note following RCW
46.01. I 30.
RIGHT OF WAY
� Vlotor Ve6icles
I her. [1986 c 176 § l; 1979 ex.s. c 136 § 54; 1979 c 61 §
2; 1965 ex.s. c 121 § 5.)
Effective dat�Severability-1979 ex.s: c 136: See notes fol-
lowing RCW 46.63.010.
46.20.041 Physically or mentally disabled per-
sons—Procedure—Restrictions Violations—
Penalty. (1) The department shall permit any person
suffering from any physical or mental disability or dis-
ease which may affect that person's ability to drive a
motor vehicle, to demonstrate personally that notwith-
standing such disability or disease he or she is a proper
person to drive a motor vehicle. The department may in
addition require such person to obtain a certificate
showing his or her condition signed by a licensed physi-
cian or other proper authority designated by the depart-
ment. The certificate shall be for the con�dential use of
the director and the chief of the Washington state patrol
and for such other cognizant public of�cials as may be
designated by law. It shall be exempt from public in-
spection and copying notwithstanding the provisions of
chapter 42.17 RCW. The certificate may not be offered
as evidence in any court except when appeal is taken
from the order of the director suspending, revoking,
canceling, or refusing a vehicle driver's license. However,
the certificate may be made available to the director of
the department of retirement systems for use in deter-
mining eligibility for or continuance of disability benefits
and it may be offered and admitted as evidence in any
administrative proceeding or court action concerning
such disability benefits.
(2) The department may issue a driver's license to
such a person imposing restrictions suitable to the 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 irriprovement interview and a
hearing as upon a suspension or revocation under this
chapter.
(5) It is a traf�c 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
[Title 46 RCW—p 62]
46.61.180 Vehicle approaching intersection. (1)
When two vehicles approach or enter an intersection
from different highways at approximately the same time,
the driver of the vehicle on the left shall yield the right
of way to the vehicle on the right.
(2) The right of way rule declared in subsection (1) of
this section is modified at arterial highways and other-
wise as stated in this chapter. [1975 c 62 § 26; 1965
ex.s. c 155 § 28.]
Rules ot courh Monetary penalty schedu/e—JTIR 6.2.
Severability-1975 c 62: See note following RCW 36.75.010.
46.37.070 Stop lamps and turn signals required. (1)
After January 1, 1964, every motor vehicle, trailer, sem-
itrailer, and pole trailer shall be equipped with two or
more stop lamps meeting the requirements of RCW 46-
.37.200, except that passenger cars manufactured or as-
sembled prior to January 1; 1964, shall be equipped with
at least one such stop lamp. On a combination of vehi-
cles, only the stop lamps on the rearmost vehicle need
actually be seen from the distance speci�ed in RCW
46.37.200(1).
(2) After January l, 1960, every motor vehicle,
trailer, semitrailer and pole trailer shall be equipped
with electric turn signal lamps meeting the requirements
of RCW 46.37.200(2}, except that passenger cars, trail-
` ers, semitrailers, pole trailers, and trucks less than eighty
inches in width, manufactured or assembled prior to
�° January 1, 1953, need not be equipped with electric turn
"signal lamps. [1977 ex.s. c 355 § 7; 1963 c 154 § 5; 1961
; c 12 § 46.37.070. Prior: 1959 c 319 § 32; 1955 c 269 §
�, 7; prior: 1953 c 248 § 2, part; 1947 c 267 § 4, part; 1937
'' c 189 § 23, part; Rem. Supp. 1947 § 6360-23, part;
� RCW 46.40.090, part; 1929 c 178 § 1, part; 1927 c 309
`$ 15, part; RRS § 6362-15, part.]
Severability-1977 ex.s. c 355: See note following RCW
`4637A10.
EffecHve date-1963 c 154: See note following RCW 46.37.010.
46.37.020 When lighted lamps and signaling devices
are required. Every vehicle upon a highway within this
state at any time from a half hour after sunset to a half
hour before sunrise and at any other time when, due to
insufficient light or unfavorable atmospheric conditions,
persons and vehicles on the highway are not clearly dis-
cernible at a distance of one thousand feet ahead shall
display lighted head lights, other lights, and illuminating
devices as hereinafter respectively required for different
classes of vehicles, subject to exceptions with respect to
parked vehicles, and such stop lights, turn signals, and
other signaling devices shall be lighted as prescribed for
the use of such devices. [1977 ex.s. c 355 § 2; 1974 ex.s.
c 124 § 2; 1963 c 154 § 2; 1961 c 12 § 46.37.020. Prior:
1955 c 269 § 2; prior: 1937 c 189 § 14, part; RRS §
6360-14, part; RCW 46.40.010, part; 1929 c 178 § 2;
1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10,
part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS
§ 6362-19.]
Severability-1977 ex.s. c 355: See note following RCW
46.37.010.
Effective date--1963 c 154: See note following RCW 4637.010.
Local twenty–four hour headlight policy: RCW 47.04.180.
Motorcycles and motor�lriven cycies—When headlamps and tai]
lamps to be lighted: RCW 46.37.522.
Vlotor Vehicles
46.20.343 Unlawful to allow unauthorized minor
child or ward to drive. No person shall cause or know-
ingly permit his child or ward under the age of eighteen
years to drive a motor vehicle upon any highway when
such minor is not authorized hereunder or in violation of
any of the provisions of this chapter. [1965 ex.s. c 121 §
44.]
46.20.344 Unlawful to allow unauthorized person to
drive. No person shall authorize and knowingly permit a
motor vehicle owned by him or under his control to be
driven upon any highway by any person who is not
authorized hereunder or in violation of any of the provi-
sions of this chapter. [1965 ex.s. c 121 § 45.]
Allowing unauthorized person to drive: RCW 46.16.011.
rear, nor be flashed on one side only of a parked vehicle
except as may be necessary for compliance with this
section. [1975 c 62 § 30; 1965 ex.s. c 155 § 43.]
Ruhs of court: Monetary penalty schedu/e—JTIR 6.2.
Severability-19 c 62: See note following RCW 36.75.O10.
46.61.305 Turning, stopping, moving right or
left--Signals required Improper use prohibited. (1)
No person shall turn a vehicle or move right or left upon
a roadway unless and until such movement can be made
with reasonable safety nor without giving an appropriate
signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left
when required shall be given continuously during not
less than the last one hundred feet traveled by the vehi-
cle before turning.
(3) No person shall stop or suddenly decrease the
speed of a vehicle without �rst giving an appropriate
signal in the manner provided herein to the driver of any
vehicle immediately to the rear when there is opportu-
nity to give such signal.
(4) The signals provided for in RCW 46.61.310 sub-
section (2), shall not be flashed on one side only on a
disabled vehicle, f7ashed as a courtesy or "do pass" sig-
nal to operators of other vehicles approaching from the
I
46.20.500
Title 46 RCW:
has a valid driver's license specially endorsed by the di-
rector to enable the holder to drive such vehicles, nor
may a person drive a motorcycle of a larger engine dis-
placement than that authorized by such special endorse-
ment or by an instruction permit for such category:
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. [1982 c 77 § 1; 1979 ex.s. c 213 § 6; 1967 c
232 § 1.]
RWes of court: Monetary penalty schedu/e—JT/R 6.2.
Severability-1982 c 77: "If any provision of this act or its appli-
cation to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circum-
stances is not affected." [1982 c 77 §]0.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.20.500 Special endorsement for motorcycle oper-
aior's license--Moped exception. No person may drive
a motorcycle or a motor—driven cycle unless such person
[Title 46 RCW—p 77�
[Title 46 RCW—p 178]
�
�nd Other Equipment
46.37.160
section, under RCW 46.37.020. [1977 ex.s. c 355 § 12;
1963 c 154 § 9; 1961 c 12 § 46.37.140. Prior: 1955 c 269
§ 14; prior: 1937 c 189 § 18; RRS § 6360-18; RCW
46.40.050; 1929 c 178 § 11, part; 1927 c 309 § 32, part,
RRS § 6362-32, part; 1921 c 96 § 22, part; 1919 c 59 §
10, part; 1917 c 155 § 15, part.]
Severability-1977 ex.s. c 355: See note following RCW
46.37.010.
Effective date--1963 c 154: See note foilowing RCW 46.37.010.
46.37.140 Lamps, reflectors, and flags on projecting
load. Whena�er the load upon any vehicle extends to the
rear four feet or more beyond the bed or body of such
vehicle there shall be displayed at the extreme rear end
of the load, at the times speci�ed in RCW 46.37.020,
two red lamps, visible from a distance of at least five
hundred feet to the rear, two red reflectors visible at
night from all distances within six hundred feet to one
hundred feet to the rear when directly in front of lawful
lower beams of headlamps, and located so as to indicate
maximum width, and on each side one red lamp, visible
from a distance of at least �ve hundred feet to the side,
located so as to indicate maximum overhang. There shall
be displayed at all other times on any vehicle having a
load which extends beyond its sides or more than four
feet beyond its rear, red flags, not less than twelve inches
square, marking the extremities of such loads, at each
point where a lamp would otherwise be required by this
(1989 Ed.)
46.61.365 Emerging from alley, driveway, or build-
ing. The driver of a vehicle within a business or resi-
dence district emerging from an alley, driveway or
building shall stop such vehicle immediately prior to
driving onto a sidewalk or onto the sidewalk area ex-
tending across any alleyway or driveway, and shall yield
the right of way to any pedestrian as may be necessary
to avoid collision, and upon entering the roadway shall
yield the right of way to all vehicles approaching on said
roadway. [ 1965 ex.s. c 155 § 51.]
Rules of court: Monetary penalty schedule—JTIR 6.2.
46.20.055 Instruction permits and temporary li-
censes. (1) Any person who is at :east �fteen and a half
years of age may apply to the department for an in-
struction permit for the operation of any motor vehicle
except a motorcycle. Any person who is at least sixteen
years of age may apply for an instruction permit for the
operation of a motorcycle. The department may in its
discretion, after the appiicant has successfully passed all
parts of the examination other than the driving test, is-
sue to the applicant a driver's or motorcyclist's instruc-
tion permit.
(a) A driver's instruction permit entitles the permittee
while having the permit in immediate possession to drive
a motor vehicle upon the public highways for a period of
one year when accompanied by a licensed driver who has
had at least five years of driving experience and is occu-
pying a seat beside the driver. Except as provided in
subsection (c) of this subsection, only one additional
permit, valid for one year, may be issued.
(b) A motorcyclist's instruction permit entitles the
permittee while having the permit in immediate posses-
sion to drive a motorcycle upon the public highways for
a period of ninety days as provided in *RCW
46.20.510(3). Except as provided in subsection (c) of
this subsection, only one additional permit, valid for
ninety days, may be issued.
(c) The department after investigation may issue a
third driver's or motorcyclist's instruction permit when it
finds that the permittee is diligently seeking to improve
driving pro�ciency.
(2) The department may waive the examination, ex-
cept as to eyesight and other potential physical restric-
tions, for any applicant who is enrolled in either a traffic
safety education course as defined by **RCW
46.81.010(2) or a course of instruction offered by a li-
censed driver training school as defined by RCW
46.82.280(1) at the time the application is being consid-
ered by the department. The department may require
proof of registration in such a course as it deems
necessary.
(3) The department upon receiving proper application
may in its discretion issue a driver's instruction permit
effective for a school semester or other restricted period
to an applicant who is at least fifteen years of age and is
enrolled in a traffic safety education program which in-
cludes practice driving and which is approved and ac-
credited by the superintendent of public instruction.
(1989 Ed.)
Drivers' Licens�
Such instruction permit shall entitle the permittee hav-
ing the permit in immediate possession to drive a motor
vehicle only when an approved instructor or other li-
censed driver with at least five years of driving experi-
ence, is occupying a seat beside the permittee.
(4) The department may in its discretion issue a tem-
porary driver's permit to an applicant for a driver's li-
cense permitting the applicant to drive a motor vehicle
for a period not to exceed sixty days while the depart-
ment is completing its investigation and determination of
� all facts relative to such applicant's right to receive a
driver's license. Such permit must be in the permittee's
immediate possession while driving a motor vehicle, and
it shall be invalid when the permittee's license has been
issued orfor good cause has been refused. [1986 c 17 §
1; 1985 c 234 § 1; 1981 c 260 § 10. Prior: 1979 c 63 § l;
1979 c 61 § 3; 1969 ex.s. c 218 § 8; 1965 ex.s. c 121 §
7.]
Reviser's note:'(1) RCW 46.20.510 was amended by 1989 c 337 §
9, and the previous subsection (3) was renumbered as subsection (2).
•a(2) RCW 46.81.010(2) was recodified as RCW 28A.08.010(2) in
September 1985 pursuant to RCW 1.08.015.
46.61.370 Overtaking and passing school bus. (1)
The driver of a vehicle upon overtaking or meeting from
either direction any school bus which has stopped on the
highway for the purpose of receiving or discharging any
school children shall stop the vehicle before reaching
such school bus when there is in operation on said school
bus a visual signal as speci�ed in RCW 46.37.190 and
said driver shall not proceed until such school bus re-
sumes motion or is signaled by the school bus driver to
proceed or the visual signals are no longer activated.
(2) Every school bus shail bear upon the front and
rear thereof plainly visible signs containing the words
"SCHOOL BUS" in letters not less than eight inches in
height, and in addition shall be equipped with visual sig-
nais meeting the requirements of RCW 46.37.190 which
shall be actuated by the driver of said school bus when-
ever but only whenever such vehicle is stopped on the
highway for the purpose of receiving or discharging
school children, except:
(a) When school children do not have to cross a high-
way and the bus is stopped completely off the main
traveled portion of the roadway; or
(b) When the bus is stopped at an intersection or
place where traf�c is controlled by a traffic officer or
official traf�c control signal; or
(c) When the bus is stopped at school for the purpose
of receiving or discharging school children and school
children are not required to cross the roadway.
(3) The driver of a vehicle upon a highway divided
into separate roadways as provided in RCW 46.61.150,
need not stop upon meeting or passing a school bus
which is on a separate roadway or when upon a limited
[Title 46 RCW—p 179]
46.61.370 Title 46 RCW:
access highway and the school bus is stopped in a load-
ing zone which is a part of or adjacent to such highway
and where pedestrians are not permitted to cross the
roadway. [1965 ex.s. c 155 § 52.]
Rules of court: Monetary penalcy schedule—JTIR 6.2.
� I Other Equipment
46.37.010
Title 46 RCW: M
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� a9 55
1921 c 96 § 22, part; 1919 c 59 § 10, p §
15, part; 1915 c 142 § 21, part; RRS § 6362-19.]
Rules of court: Monetary penalty schedule—JTIR 6.2.
Severability—Effective dates-1989 c 178: See RCW 46.25.900
and 46.25.901.
Construction—Application of rules—�Severebility-198� c
330: See notes following RCW 28B.12.050.
Effective date----Severability-1979 exs. c 136: See notes fol-
lowing RCW 46.63.010.
Severability-1977 ex.s. c 355: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provi-
sion to other persons or circumstances is not affected." [1977 ex.s. c
35s § s�.]
Effective date-1963 c 154: "This act shall take effect on January
1, 1964." [1963 c 154 § 32.]
Vehicle Lightin
requirements may be used with lower head lamp beam
as speci�ed in RCW 46.37.220.
(3) Auxiliary passing lamps. Any motor vehicle ma
be equipped with not to exceed two auxiliary passin
lamps mounted on the front at a height not less tha
twenty–four inches nor more than forty–two inch
above the level surface upon which the vehicle stand
The provisions of RCW 46.37.220 shall apply to an
combinations of head lamps and auxiliary passing lamp
(4) Auxiliary driving lamps. Any motor vehicle ma
be equipped with not to exceed two auxiliary drivin
lamps mounted on the front at a height not less th
sixteen inches nor more than forty–two inches above t
level surface upon which the vehicle stands. The prov
sions of RCW 46.37.220 shall apply to any combinati
of head lamps and auxiliary driving lamps. [ 1963 c 1
§ 13; 1961 c 12 § 46.37.]80. Prior: 1955 c 269 § 1
prior: 1949 c 157 § 1; Rem. Supp. 1949 § 6360-22
RCW 46.40.110, 46.40.120.]
Effective date--1963 c 154: See note following RCW 46.37.010
46.37.180 Spot lamps and auxiliary lamps. (1) Spot
lamps. An�� motor vehicle may be equipped with not to
exceed two spot lamps and every lighted spot lamp shall
be so aimed and used that no part of the high intensity
portion of the beam wiil strike the windshield, or any
windows, mirror, or occupant of another vehicle in use.
(2) Fog lamps. Any motor vehicle may be equipped
with not to exceed two fog lamps mounted on the front
at a height of not less than twelve inches nor more than
thirty inches above the level surface upon which the ve-
hicle stands and so aimed that when the vehicle is not
loaded none of the high intensity portion of the light to
the left of the center of the vehicle shall at a distance of
twenty–five feet ahead project higher than a level of four
inches below the level of the center of the lamp from
which it comes. Lighted fog lamps meeting the above
46.37.010
46.37.010 Scope and effect of regulations—Gen-
eral 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 vehi-
cle or combination of vehicles which is in such unsafe
condition as to endanger any person, or which does not
contain those parts or is not at all times equipped with
such lamps and other equipment in proper condition and
adjustment as required in this chapter or in regulations
issued by the chief of the Washington state patrol, or
which is equipped in any manner in violation of this
chapter or the state patrol's regulations, or for any per-
son to do any act forbidden or fail to perform any act
required under this chapter or the state patrol's
regulations.
(2) Nothing contained in this chapter or the state
patrol's regulations shall be construed to prohibit the use
� of additional parts and accessories on any vehicle not in-
consistent with the provisions of this chapter or the state
patrol's regulations.
(3) The provisions of the chapter and the state patrol's
g� regulations with respect to equipment on vehicles shall
not apply to implements of husbandry, road machinery,
s road rollers, or farm tractors except as herein made
applicable.
y (4) No owner or operator of a farm tractor, self–pro-
g pelled unit of farm equipment, or implement of hus-
n bandry shall be guilty of a crime or subject to penalty
es for violation of RCW 46.37.160 as now or hereafter
s. amended unless such violation occurs on a public
y highway.
s. (5) It is a traffic infraction for any person to sell or
Y offer for sale vehicle equipment which is required to be
g approved by the state patrol as prescribed in RCW 46-
an .37.005 unless it has been approved by the state patrol.
he (6) The provisions of this chapter with respect to
1- equipment required on vehicles shall not apply to motor-
on cycles or motor–driven cycles except as herein made
54 applicable.
g; (7) Notices of traffic infraction issued to commercial
a> drivers under the provisions of this chapter with respect
to equipment required on commercial motor vehicles
shall not be considered for driver improvement purposes
under chapter 46.20 RC W.
(8) Whenever a traffic infraction is chargeable to the
owner or lessee of a vehicle under subsection (1) of this
section, the driver shall not be arrested or issued a notice
;� of traf�c infraction unless the vehicle is registered in a
jurisdiction other than Washington state, or unless the
� infraction is for an offense that is clearly within the re-
� sponsibility of the driver.
(9) Whenever the owner or lessee is issued a notice of
traffic infraction under this section the court may, on
the request of the owner or lessee, take appropriate steps
to make the driver of the vehicle, or any other person
who directs the loading, maintenance, or operation of
the vehicle, a codefendant. If the codefendant is held
solely responsible and is found to have committed the
traffic infraction, the court may dismiss the notice
against the owner or lessee. [1989 c 178 § 22; 1987 c
330 § 707; 1979 ex.s. c 136 § 69; 1977 ex.s. c 355 § 1;
(1989 Ed•) ;� [Title 46 RCW—p 105]
46.37.190
Title 46 RCW
the strobe light device is used to obtain the right of way
at intersections.
(5) The use of the signal equipment described herein
shall impose upon drivers of other vehicles the obligation
to yield right of way and stop as prescribed in RCW
46.61.210, 46.61.370, and 46.61.350. [1987 c 330 § 710;
1985 c 331 § l; 1982 c 101 § 1; 1971 ex.s. c 92 § 1;
1970 ex.s. c 100 § 5; 1965 ex.s. c I55 § 53; 1963 c 154 §
14; 1961 c 12 § 46.37.190. Prior: 1957 c 66 § l; 1955 c
269 § 19.]
Rules of court: Monetary penalty schedule—JT/R 6.2.
Construction—Application of rules—Severability-1987 c
330: See notes foliowing RCW 28B.12.050.
46.37.190 Warning devices on buses, epmergenEver-
hicles Criver's duty to yield and sto (1) y
authorized emergency vehicle shall, in addition to any
other equipment and distinctive marking required by this
chapter, be equipped with at least one lamp capable of
displaying a red light visible from at least five hundred
feet in normal sunlight and a siren capable of giving an
audible signal.
(2) Every school bus and private carrier bus shall, in
addition to any other equipment and distinctive mark-
ings required by this chapter, be equipped with a"stop"
s i gnal u pon a background not less than fourteen by
eighteen inches displaying the word "stop" in letters o f
distinctly contrasting colors not less than eight inches
high, and shall further be equipped with signal lamps
mounted as high and as widely spaced laterally as prac-
ticable, which shall be capable of displaying to the front
two alternately flashing red lights located at the same
level and to the rear two alternately flashing red lights
located at the same level and these lights shall have suf-
ficient intensity to be visible at �ve hundred feet in nor-
mal sunlight.
(3) Vehicles operated by public agencies whose law
enforcement duties include the authority to stop and de-
tain motor vehicles on the public highways of the state
may be equipped with a siren and lights of a color and
type designated by t o � bat e the t use of t hhese u sp ens and
state patrol may p
lights on vehicles other than the vehicles described in
this subsection.
(4) The lights described in this section shall not be
mounted nor used on any vehicle other than a school
bus, a private carrier bus, or an authorized emergency or
law enforcement vehicle. Optical strobe light devices
shall not be installed or used on any vehicle other than
an emergency vehicle authorized by the state patrol or a
publicly—owned law enforcement or emergency vehicle.
An "optical strobe light device" means a strobe light de-
vice which emits an optical signal at a specific frequency
to a traf�c control light enabling the vehicle in which
[Title 46 RCW—p 111]
�
46.37.230 Use of multiple—beam road—tighting equip-
ment. (1) Whenever a motor vehicle is being operated on
a roadway or shoulder adjacent thereto during the times
specified in RCW 46.37.020, the driver shall use a dis-
tribution of light, or composite beam, directed high
enough and of sufficient intensity to reveal persons and
vehicles at a safe distance in advance of the vehicle,
subject to the following requirements and limitations:
(2) Whenever a driver of a vehicle approaches an on-
coming vehicle within �ve hundred feet, such driver
shall use a distribution of light, or composite beam, so
aimed that the glaring rays are not projected into the
eyes of the oncoming driver. The lowermost distribution
of light, or composite beam, specified in RCW
46.37.220(2) shall be deemed to avoid glare at all times,
regardless of road contour and loading.
(3) Whenever the driver of a vehicle approaches an-
other vehicle from the rear within three hundred feet
such driver shall use a distribution of light permissible
under this chapter other than the uppermost distribution
of light speci�ed in RCW 46.37.220(1). [ 1963 c 154 §
17; 1961 c 12 § 46.37.230. Prior: 1955 c 269 § 23; prior:
1947 c 267 § 5, part; Rem. Supp. 1947 § 6360-25a,
part; RCW 46.40.140, part; 1933 c 156 § 3, part; 1929 c
178 § 5, part; 1927 c 309 § 22, part; RRS § 6362-22,
part.)
Effective date-1963 c 154: See note following RCW 46.37.OI0.
46.37.522 Motorcycles and motor—driven cycles
When head lamps and tail lamps to be lighted. Every
motorcycle and motor�riven 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.]
Rules of courh Monetary penalty schedule—JTIR 6.2.
Severability-1977 ex.s. c 355: See note following RCW
4637.010.
46.37.490 Safety load chains and devices required. It
shall be unlawful to operate any vehicle upon the public
highways of this state without having the load thereon
securely fastened and protected by safety chains or other
device. The chief of the Washington state patrol is
hereby authorized to adopt and enforce reasonable rules
and regulations as to what shall constitute adequate and
safe chains or other devices for the fastening and pro-
tection of loads upon vehicles. [1987 c 330 § 727; 1961 c
12 § 46.37.490. Prior: 1937 c 189 § 43; RRS § 6360-43;
1927 c 309 § 18; RRS § 6362-18. Formerly RCW
46.36.110.]
Construction—Application of rules—Severability-1987 c
330: See notes following RCW 28B.12.050.
46.37.390 Mufflers, prevention of noise--Smoke
anck air contaminants Standards Definitions. (1)
Every motor vehicle shall at all times be equipped with a
muffler in good working order and in constant operation
to prevent excessive or unusual noise, and no person
[Titk 46 RCW 120]
Motor Vehicles
shall use a muffler cut�ut, bypass, or similar device
upon a motor vehicie on a highway.
(2) (a) No motor vehicle first sold and registered as a
new motor vehicle on or after January 1, 1971, shall
discharge into the atmosphere at elevations of less than
three thQUSand feet any air contaminant for a period of
more than ten seconds which is:
(i) As dark as or darker than the shade designated as
No. 1 on the Ringelmann chart, as published by the
United States bureau of mines; or
(ii) Of such opacity as to o6scure an observer's view
to a degree equal to or greater than does smoke de-
scribed in subsection (a)(i) above.
(b) No motor vehicle �rst sold and registered prior to
January 1, 1971, shall discharge into the atmosphere at
elevations of less than three thousand feet any air con-
taminant for a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as
No. 2 on the Ringelmann chart, as published by the
United States bureau of mines; or
(ii) Of such opacity as to obscure an observer's view
to a degree equal to or greater than does smoke de-
scribed in subsection (b)(i) above.
(c) For the purposes of this subsection the following
definitions shall apply:
(i) "Opacity" means the degree to which an emission
reduces the transmission of light and obscures the view
of an object in the background;
(ii) "Ringelmann chart" means the Ringelmann
smoke chart with instructions for use as published by the
United States bureau of mines in May 1967 and as
thereafter amended, information circular 7718.
(3) No person shall modify the exhaust system of a
motor vehicle in a manner which will amplify or increase
the noise emitted by the engine of such vehicle above
that emitted by the muffler originally installed on the
vehicle, and it shall be unlawful for any person to oper-
ate a motor vehicle not equipped as required by this
subsection, or which has been amplified as prohibited by
this subsection. [1977 ex.s. c 355 § 33; 1972 ex.s. c 135
§ I; 1967 c 232 § 3; 1961 c 12 § 46.37.390. Prior: 1955
c 269 § 39; prior: 1937 c 189 § 36; RRS § 6360-36;
RCW 46.36.050; 1927 c 309 § 17; 1921 c 96 § 21; 1915
c 142 § 20; RRS § 6362-17.]
Rules of court Monetary penalty schedule—JTIR 6.2.
Severability-1977 ex.s. c 355: See note following RCW
4637.010.
Motorcycles and motor�riven cycles—Additional requirements and
limitations: RCW 46.37.539.
46.61.235 Pedestrians' right of way in crosswalks.
(1) When traffic–control signals are not in place or not
in operation the driver of a vehicle shall yield the right
of way, slowing down or stopping if need be to so yield,
to a pedestrian crossing the roadway within a crosswalk
when the pedestrian is upon the half of the roadway
upon which the vehicle is traveling, or when the pedes-
trian is approaching so closely from the opposite half of
the roadway as to be in danger.
(2) No pedestrian shall suddenly leave a curb or other
place of safety and walk or run into the path of a vehicle
which is so close that it is impossible for the driver to
yield.
(3) Subsection (1) above shall not apply under the
conditions stated in RCW 46.61.240 subsection (2).
(4) Whenever any vehicle is stopped at a marked
crosswalk or at any unmarked crosswalk at an intersec-
tion to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle. [1965
ex.s. c 155 § 34.]
Rnks ot court: Monetary penalty schedule—177R 6.2.
';. 45.37.425 Authority of state patrol regarding
tires Rules and regulations 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
surfaca 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 patrol.
The state patrol shall promulgate rules and regula-
tions setting forth requirements of safe operating condi-
tion of tires capable of being employed by a law
enforcement officer by visual inspection of tires mounted
on vehicles including visual comparison with simple
measuring gauges. These rules shall include effects of
tread wear and depth of tread.
A 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
(Title 46 RCW—p 122]
�
46.61.250 Pedestrians on roadways. (1) Where side-
walks are provided it shall be unlawful for any pedes-
trian to walk along and upon an adjacent roadway.
(2) Where sidewalks are not provided any pedestrian
walking along and upon a highway shall, when practica-
ble, walk only on the left side of the roadway or its
shoulder facing traffic which may approach from the
opposite direction and upon meeting an oncoming vehi-
cle shall step clear of the roadway. [1965 ex.s. c 155 §
37.]
Ru/es ot rnurh. Monetary penalty schedule—JT/R 6.2.
Motor Vehic➢es
(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, �rm, 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 traf�c infraction for any person to operate a
vehicle on the public highways of this state, or to sell a
vehicle for use on the public highways of this state,
which is equipped with a tire or tires in violation of the
provisions of this section or the rules and regulations
promulgated by the state patrol hereunder: Provided,
however, That if the violation relates to items (1) to (7)
inclusive of this section then the condition or defect must
be such that it can be detected by a visual inspection of
tires mounted on vehicles, including visual comparison
with simple measuring gauges. [1987 c 330 § 722; 1979
ex.s. c 136 § 73; 1977 ex.s. c 355 § 37; 1971 c 77 § 3.]
Construction—Application of rules�everability-1987 c
330: See notes following RCW 286.12.050.
Effective date---�Severability-1979 ex.s. c 136: See notes fol-
lowing RCW 46.63.010.
Severability-1977 ex.s. c 355: See note following RCW
46.37.010.
Effective dat� 1971 c 77: "The provisions of RCW 46.37.425
shall have an effective date of January l, 1972, but the state commis-
sion on equipment shall have the authority to proceed with the pro-
mulgation of the rules and regulations provided for in RCW 46.37.425
so the rules and regulations may have an effective date of January l,
1972." [1971 c 77 § 4.]
46.37.42J Rest. ictions as to tire equipment. (1) It is
dawful to operate a vehicle upon the public highways
this state unless it is completely equipped with pneu-
atic rubber tires.
(2) No tire on a vehicle moved on a highway may
ive on its periphery any block, flange, cleat, or spike or
ry other protuberance of any material other than rub-
:r which projects beyond the tread of the traction sur-
�ce of the tire, except that it is permissible to use farm
�achinery with tires having protuberances that will not
ijure the highway, and except also that it is permissible
� use tire chains or metal studs imbedded within the
Ed.)
#d Other Equipment 46.37.424
' tire of reasonable proportions and of a type conforming
to rules adopted by the state patrol, upon any vehicle
when required for safety because of snow, ice, or other
conditions tending to cause a vehicle to skid. It is un-
lawful to use metal studs imbedded within the tire be-
tween April ]st and November lst. The state
department of transportation may, from time to time,
determine additional periods in which the use of tires
with metal studs imbedded therein is lawful.
(3) The state department of transportation and local
authorities in their respective jurisdictions may issue
special permits authorizing the operation upon a high-
way of traction engines or tractors having movable
tracks with transverse corrugations upon the periphery
of the movable tracks or farm tractors or other farm
machinery, the operation of which upon a highway
would otherwise be prohibited under this section.
(4) Tires with metal studs imbedded therein may be
used between November 1 st and April 1 st upon school
buses and fire department vehicles, any law or regulation
to the contrary notwithstanding. [1987 c 330 § 721;
1986 c 113 § 4; 1984 c 7§ 50; 1971 ex.s. c 32 § 1; 1969
ex.s. c 7§ 1; 1961 c 12 § 46.37.420. Prior: 1955 c 269 §
42; prior: (i) 1937 c 189 § 41; RRS § 6360-41; RCW
46.36.100. (ii) 1937 c 189 § 42; RRS § 6360-42; RCW
46.36.120; 1929 c 180 § 7; 1927 c 309 § 46; RRS §
6362-46.]
Construction—Application of rules—Severability-1987 c
330: See notes following RCW 28B.12.050.
Severability-1984 c 7: See note following RCW 47.01.141.
Dangerous road conditions requi�ing special tires, chains, metal studs:
RCW 47.36.250.
Motorcycles and motor-�Iriven cycles—qdditional requirements and
limitations: RCW 46.37.539.
46.37.530 Motorcycles or motor-driven cycles
Mirrors, glasses, goggles, face shields, helmets--Chil-
dren—Rules by state patrol. (1) It is unlawful:
(a) For any person to operate a motorcycle or motor-
driven cycle not equipped with mirrors on the left and
right sides of the motorcycle which shall be so located as
to give the driver a complete view of the highway for a
distance of at least two hundred feet to the rear of the
motorcycle or motor-driven cycle: Provided, That mir-
rors shall not be required on any motorcycle or motor-
driven cycle over twenty-five years old originally manu-
factured without mirrors and which has been restored to
its original condition and which is being ridden to or
from or otherwise in conjunction with an antique or
classic motorcycle contest, show, or other such assem-
blage: Provided further, That no mirror is required on
any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motor-
driven cycle which does not have a windshield unless
wearing glasses, goggles, or a face shield of a type con-
forming to rules adopted by the state patrol;
(c) For any person under the age of eighteen years to
operate or ride upon a motorcycle or motor-driven cycle
on a state highway, county road, or city street unless
wearing upon his or her head a protective helmet of a
type conforming to rules adopted by the *commission on
equipment. The helmet must be equipped with either a
46.44.080
Title 46 RCW:
Motor Vehicles
neck or chin strap which shall be fastened securely while
the motorcycle or motor�iriven cycle is in motion;
(d) For any person to transport a child under the age
of five on a motorcycle or motor-tiriven cycle;
(e) For any person to sell or offer for sale a motorcy-
cle helmet which does not meet the requirements estab-
lished by the state patrol.
(2) The state patrol is hereby authorized and empow-
ered to adopt and amend rules, pursuant to the adminis-
trative procedure act, concerning the standards and
procedures for conformance of rules adopted for glasses,
goggles, face shieids, and protective helmets. [ 1987 c
454 § 1; 1987 c 330 § 732; 1986 c 113 § 8; 1982 c 77 §
7; 1977 ex.s. c 355 § 55; 1971 ex.s. c 150 § 1; 1969 c 42
§ 1; 1967 c 232 § 4.]
Reviser's note: (1) This section was amended by 1987 c 330 § 732
and by 1987 c 454 § 1, each without reference to the other. Both
amendments are incorporated in the publication of this section pursu-
ant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
•(2) The powers and duties of the commission on equipment were
transferred to the Washington state patrol by 1987 c 330 § 706. See
RCW 46.37.003.
Rules ot court: Monetary penalty schedule JT/R 6.2.
Construction—Application of rules—Severability-1987 c
330: See notes following RCW 28B.12.050.
Severability-1982 c 77: See note following RCW 46.20.500.
Severability-1977 ex.s. c 355: See note following RCW
46.37A 10.
Maximum height for handlebars: RCW 46.61.611.
Riding on motorcycles: RCW 46.6I.610.
public highway affected thereby, and no such ordinance
or resolution shall be effective unless and until such
signs are erected and maintained.
The department shall have the same authority as
hereinabove granted to local authorities to prohibit or
restrict the operation of vehicles upon state highways.
The department shall give public notice of closure or re-
striction. The department may issue special permits for
the operation of school buses and motor trucks trans-
porting perishable commodities or commodities neces-
sary for the health and welfare of local residents under
speci�ed weight and speed restrictions as may be neces-
sary to protect any state highway from undue damage.
[1977 ex.s. c 151 § 29; 1973 2nd ex.s. c 15 § 1; 1961 c
12 § 46:44.080. Prior: 1937 c 189 § 54; RRS §
6360-54.]
Rules of court: Monetary penalty schedule—JTIR 6.2.
Federal requirements—Severability-19 ex.s. c 151: See
RCW 47.98.070 and 47.98.080.
Highway and street closures authorized—Notice: Chapter 47.48
RCW.
46.44.080 Local regulations—State highway regu-
Iationsa Local authorities with respect to public highways
under their jurisdiction may prohibit the operation
thereon of motor trucks or other vehicles or may impose
limits as to the weight thereof, or any other restrictions
as may be deemed necessary, whenever any such public
highway by reason of rain, snow, climatic or other con-
ditions, will be seriously damaged or destroyed unless
the operation of vehicles thereon be prohibited or re-
stricted or the permissible weights thereof reduced: Pro-
vided, That whenever a highway has been closed
generally to vehicles or specified classes of vehicles, local
authorities shall by general rule or by special permit au-
thorize the operation thereon of school buses, emergency
vehicles, and motor trucks transporting perishable com-
modities or commodities necessary for the health and
welfare of local residents under such weight and speed
restrictions as the local authorities deem necessary to
protect the highway from undue damage: Provided fur-
ther, That the governing authorities of incorporated cit-
ies and towns shall not prohibit the use of any city street
designated by the transportation commission as forming
a part of the route of any primary state highway through
any such incorporated city or town by vehicles or any
class of vehicles or impose any restrictions or reductions
in permissible weights unless such restriction, limitation,
or prohibition, or reduction in permissible_ weights be
first approved in writing by the department of
transportation.
The local authorities imposing any such restrictions or
limitations, or prohibiting any use or reducing the per-
missible weights shall do so by proper ordinance or reso-
lution and shall erect or cause to be erected and
maintained signs designating the provisions of the ordi-
nance or resolution in each end of the portion of any
[Title 46 RCW—p 141]
46.44.070 Drawbar requirements—Trailer whip-
ping or weaving Towing flag. The drawbar or other
connection between vehicles in combination shall be of
sufficient strength to hold the weight of the towed vehi-
cle on any grade where operated. No trailer shall whip,
weave or oscillate or fail to follow substantially in the
course of the towing vehicle. When a disabled vehicle is
being towed by means of bar, chain, rope, cable or simi-
lar means and the distance between the towed vehicle
and the towing vehicle exceeds �fteen feet there shall be
fastened on such connection in approximately the center
thereof a white flag or cloth not less than twelve inches
square. [1961 c 12 § 46.44.070. Prior: 1937 c 189 § 53;
RRS § 6360-53; 1929 c 180 § 5, part; 1927 c 309 § 10,
part; RRS § 6362-10, part; 1923 c 181 § 4, part.)
and if a permit is returned to the permittee the action
taken by the department of transportation shall be en-
dorsed thereon. Any permittee whose permit is sus-
pended or revoked may upon request receive a hearing
before the department of transportation or person desig-
nated by that department. After the hearing the depart-
ment of transportation may reinstate any permit or
revise its previous action.
Every permit issued as provided for in this chapter
shall be carried in the vehicle or combination of vehicles
to which it refers and shall be open to inspection by any
law enforcement of�cer or authorized agent of any au-
thority granting such a permit.
Upon the third finding within a calendar year of a vi-
olation of the requirements and conditions of a permit
issued under RCW 46.44.095 as now or hereafter
amended, the permit shall be canceled, and the canceled
permit shall be immediately transmitted by the court or
the arresting officer to the department of transportation.
The vehicle covered by the canceled permit is not eligi-
ble for a new permit for a period of thirty days.
(10) For the purposes of determining gross weights
the actual scale weight taken by the arresting officer is
prima facie evidence of the total gross weight.
The chief of the state patrol, with the advice of the
department, may adopt reasonable rules to aid in the
enforcement of this section. [1985 c 351 § 6; 1984 c 258
§ 327; 1984 c 7§ 58; 1979 ex.s. c 136 § 75; 1975–'76
2nd ex.s. c 64 § 23.)
Rules ot court: Monetary penalty schedule—JTIR 6.2.
Court Improvement Act of 1984--Effective dates--veverabil-
�ty—�hort titl� 1984 c 258: See notes following RCW 3.30.010.
Intent c 258: See note following RCW 3.46.120.
Severability-1984 c 7: See note following RCW 47.01.141.
Effective date ex.s. c 136: See notes fol-
lowing RCW 46.63A10.
Effective dat. 2nd ex.s. c 64: See
notes following RCW 46.16.070.
shall secure such certi�cate and immediately forward
the same to the director with information concerning the
suspension.
(4) Any person found to have violated any posted
limitations of a highway or section of highway shall be
assessed a monetary penalty of not less than one hun-
dred and fifty dollars, and the court shall in addition
thereto upon second violation within a twelve–month pe-
riod involving the same power unit, suspend the certifi-
cate of license registration for not less than thirty days.
(5) Any police of�cer is authorized to require the
driver of any vehicle or combination of vehicles to stop
and submit to a weighing either by means of a portable
or stationary scale and may require that the vehicle be
driven to the nearest public scale. Whenever a police of-
ficer, upon weighing a vehicle and load, determines that
the weight is unlawful, the of�cer may require the driver
to stop the vehicle in a suitable location and remain
standing until such portion of the load is removed as
may be necessary to reduce the gross weight of the vehi-
cle to the limit permitted by law.
Any vehicle whose driver or owner represents that the
vehicle is disabled or otherwise unable to proceed to a
weighing location shall have its load sealed or otherwise
marked by any police officer. The owner or driver shall
be directed that upon completion of repairs, the vehicle
shall submit to weighing with the load and markings
and/or seal intact and undisturbed. Failure to report for
weighing, appearing for weighing with the seal broken or
the markings disturbed, or removal of any cargo prior to
weighing is unlawful. Any person so convicted shall be
fined �ve hundred dollars, and in addition the certificate
of license registration shall be suspended for not less
than thirty days.
(6) Any other provision of law to the contrary not-
withstanding, district courts having venue have concur-
rent jurisdiction with the superior courts for the
imposition of any penalties authorized under this section.
(7) For the purpose of determining additional penal-
ties as provided by subsection (2) of this section, "excess
weight" means the poundage in excess of the maximum
gross weight prescribed by RCW 46.44.042 and 46.44-
.041 plus the weights allowed by RCW 46.44.047, 46-
.44.091, and 46.44.095.
(8) The penalties provided in subsections (1) and (2)
of this section shall be remitted as provided in chapter
3.62 RCW or RCW 10.82.070. For the purpose of com-
puting the basic penalties and additional penalties to be
imposed under the provisions of subsections (1) and (2)
of this section the convictions shall be on the same vehi-
cle or combination of vehicles within a twelve–month
period under the same ownership.
(9) Any state patrol of�cer or any weight control of-
ficer who finds any person operating a vehicle o� a com-
bination of vehicles in violation of the conditions of a
permit issued under RCW 46.44.047, 46.44.090, and
46.44.095 may con�scate the permit and forward it to
the state department of transportation which may return
it to the permittee or revoke, cancel, or suspend it with
out refund. The department of transportation shall keep
a record of all action taken upon permits so con�scated,
(1989 Ed.)
ght, Load 46.44.110
46.61.210 Title 46 RCW:
drive with due regard for the safety of all persons using
the highway. [1965 ex.s. c I55 § 32.]
Rules of court: Monetary penalty schedWe—JTIR 6.2.
46.61.210 Operation of vehicles on approach of auth-
orized eme�gency vehicles. (1) Upon the immediate ap-
proach of an authorized emergency vehicle making use
of audible and visual signals meeting the requirements of
RCW 46.37.190, or of a police vehicle properly and
lawfully making use of an audible signal only the driver
of every other vehicle shall yield the right of way and
shall immediately drive to a position parallel to, and as
close as possible to, the right–hand edge or curb of the
roadway clear of any intersection and shall stop and re-
main in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a
police officer.
(2) This section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to
[Title 46 RCW 175]
46.44.105 Enforcement procedures Penal-
ties—Rules. (1) Violation of any of the provisions of
RCjvV 46.44.042, 46.44.047, 46.44.090, 46.44.091, 46-
.44.095, and 46.44.041, or failure to obtain a permit as
provided by RCW 46.44.090 and 46.44.095, or misrep-
resentation of the size or weight of any load or failure to
follow the requirements and conditions of a permit is-
sued hereunder is a traffic infraction, and upon the first
finding thereof shall be assessed a basic penalty of not
less than �fty dollars; and upon a second �nding thereof
shall be assessed a basic penalty of not less than sev-
enty–�ve dollars; and upon a third or subsequent finding
shall be assessed a basic penalty of not less than one
hundred dollars.
(2) In addition to the penalties imposed in subsection
(1) of this section, any person violating RC W 46.44.042,
46.44.047, 46.44.090, 46.44.091, 46.44.095, or 46.44.041
shall be assessed three cents for each pound of excess
weight. Upon a�rst violation in any calendar year, the
court may suspend the penalty for five hundred pounds
of excess weight for each axle on any vehicle or combi-
nation of vehicles, not to exceed a two thousand pound
suspension. In no case may the basic penalty assessed in
subsection (1) of this section be suspended.
(3) Whenever any vehicle or combination of vehicles
is involved in two violations of RCW 46.44.042, 46.44-
.047, 46.44.090, 46.44.091, 46.44.095, or 46.44.041 dur-
ing any twelve–month period, the court may suspend the
certificate of license registration of the vehicle or combi-
nation of vehicles for not less than thirty days. Upon a
third or succeeding violation in any twelve–month pe-
riod, the court shall suspend the certi�cate of license
registration for not less than thirty days. Whenever the
certi�cate of license registration is suspended, the court
(1989 Ed.)
6.61.195 Arterial hig6ways designated Stopping
ntering. All state highways are hereby declared to be
rial highways as respects all other public highways
�rivate ways, except that the state department of
sportation has the authority to designate any county
I or city street as an arterial having preference over
traffic on the state highway if traffic conditions will
nproved by such action.
hose city streets designated by the state department
�ansportation as forming a part of the routes of state
ways through incorporated cities and towns are de-
;d to be arterial highways as respects all other city
;ts or private ways.
he governing authorities of incorporated cities and
is may designate any street as an arterial having
;rence over the traffic on a state highway if the
ge is first approved in writing by the state depart-
t of transportation. The local authorities making
a change in arterial designation shall do so by
er ordinance or resolution and shall erect or cause to
;rected and maintained standard stop signs, or
ld" signs, to accomplish this change in arterial
;nation.
ie operator of any vehicle entering upon any arterial
�vay from any other public highway or private way
come to a complete stop before entering the arte-
iighway when stop signs are erected as provided by
[ 1984 c 7§ 66; 1963 ex.s. c 3§ 48; 1961 c 12 §
1.330. Prior: 1955 c 146 § 5; 1947 c 200 § 14; 1937
�§ 105; Rem. Supp. 1947 § 6360-105. Formerly
J 46.60.330.J
:rsbility-1984 c 7: See note following RCW 47.01.141.
treets subject to increased speed, designation as arterials: RCW
� 1.435.
igns, "Yie/d" signs—Duties of persons using highway: RCW
'6.110.
\
46.61Z05 Vehicle entering highway from private
road or driveway. The driver of a vehicle about to enter
or cross a highway from a private road or driveway shall
yield the right of way to all vehicles approaching on said
highway. [1965 ex.s. c 155 § 31.)
RaMs olconrt: Mo�etary penalty schedule—,/7'/R 6.2.
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050 Obedience to and required traffic control
devices. (1) The driver of any vehicle, every bicyciist,
and every pedestrian shall obey the instructions of any
official traffic contro] device applicable thereto placed in
[Title 46 RCW—p �(g]
46.61.050
Title 46 RCW:
accordance with the provisions of this chapter, unless
otherwise directed by a traffic or police officer, subject
to the exception granted the driver of an authorized
emergency vehicle in this chapter.
(2) No provision of this chapter for which official
traffic control devices are required shall be enforced
against an alleged violator if at the time and place of the
alleged violation an official device is not in proper posi-
tion and sufficiently legible or visible to be seen by an
ordinarily observant person. Whenever a particular sec-
tion does not state that official traf�c control devices are
required, such section shall be effective even though no
devices are erected or in place.
(3) Whenever official traffic control devices are
placed in position approximately conforming to the re-
quirements of this chapter, such devices shall be pre-
sumed to have been so placed by the official act or
direction of ]awful authority, unless the contrary shall be
established by competent evidence.
(4) Any official traf�c control device placed pursuant
to the provisions of this chapter and purporting to con-
form to the lawful requirements pertaining to such de-
vices shall be presumed to comply with the requirements
of this chapter, unless the contrary shall be established
by competent evidence. [1975 c 62 § 18; 1965 ex.s. c I55
§ ��l
Rules of courh. Monetary penalty schedu/e—JTIR 6.2.
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.310 Signals by hand and arm or signal lamps.
(1) Any stop or turn signal when required herein shall
be given either by means of the hand and arm or by sig-
nal lamps, except as otherwise provided in subsection (2)
hereof.
(2) Any motor vehicle in use on a highway shall be
equipped with, and required signal shall be given by,
signal lamps when the distance from the center of the
top of the steering post to the left outside limit of the
body, cab or load of such motor vehicle exceeds twenty–
four inches, or when the distance from the center of the
top of the steering post to the rear limit of the body or
load thereof exceeds fourteen feet. The latter measure-
ments shall apply to any single vehicle, also to any com-
bination of vehicles. (1965 ex.s. c 155 § 44.j
Rules of courh. Monetary penalty schedu/e 6.2.
46.61.080 Interference with official traffic–contro�
devices or railroad signs or signals. No person shall,
without lawful authority, attempt to or in fact alter, de-
face, injure, knock down or remove any official traftic–
control device or any railroad sign or signal or any in-
scription, shield or insignia thereon, or any other part
thereof. [1965 ex.s. c 155 § 13.]
Interference with traffic—control signals or rai/road signs or signals:
RCW 47.36_ 130.
46.61.060 Pedestrian control signals. Whenever spe-
cial pedestrian control signals exhibiting the words
"Walk" or "Don't Walk" are in place such signals shall
indicate as follows:
(1) WALK—Pedestrians facing such signal may pro-
ceed across the roadway in the direction of the signal
and shall be given the right of way by the drivers of all
vehicles.
(2) STEADY DON'T WALK or FLASHING
DON'T WALK—No pedestrian shall start to cross the
roadway in the direction of either such signal, but any
pedestrian who has partially completed his crossing on
the walk signal shall proceed to a sidewalk or safety is-
land while the don't walk signal is showing.
(3) Pedestrian control signals having the "Wait" leg-
end in use on August 6, 1965, shall be deemed author-
ized signals and shall indicate the same as the "Don't
Walk" legend. Whenever such pedestrian control signals
are replaced the legend "Wait" shall be replaced by the
legend "Don't Walk". [1975 c 62 § 20; 1965 ex.s. c I55
§ 9•l
Seversbility-1975 c 62: See note following RCW 36.75.010.
The Road
46.61.290
be commenced or prosecuted against the law enforce-
ment officer, law enforcement agency, the state of
Washington, or any po��tical subdivision of the state for
any act resulting from the refusal of the pedestrian to
accept this assistance. [1987 c 11 § 1; 1975 c 62 § 43.]
Ru/es ot court: Monetary pe�alty schedule—,/T�R 6.2.
Severability--1975 c 62: See note following RCW 36.75.010.
46.61.266 Pedestrians under the influence of alcohol
or drugs. A law enforcement of�cer may offer to trans-
port a pedestrian who appears to be under the influence
of alcohol or any drug and who is walking along or
within the right of way of a public roadway, unless the
pedestrian is to be taken into protective custody under
RCW 70.96A.120.
The law enforcement officer offering to transport an
intoxicated pedestrian under this section shall:
(1) Transport the intoxicated pedestrian to a safe
place; or
(2) Release the intoxicated pedestrian to a competent
Person.
The law enforcement officer shall take no action if the
Peclestrian refuses this assistance. No suit or action may
(1989 Ed.)
�
�.61.145
�
Title 46 RCW:
motorcade whether or not towing other vehicles shall be
so operated as to allow sufficient space between each
such vehicle or combination of vehicles so as to enable
any other vehicle to enter and occupy such space without
danger. This provision shall not apply to funeral proces-
sions. (1965 ex.s. c 155 § 24.)
Rales of court: Monetary penalty schedu/e—JT/R 6.2.
46.61.145 Following too dosely. (1) i ne u�,��. ,,. _
motor vehicle shall not follow another vehicle more
closely than is reasonable and prudent, having due re-
gard for the speed of such vehicles and the traffic upon
and the condition of the highway.
(2) The driver of any motor truck or motor vehicle
drawing another vehicle when traveling upon a roadway
outside of a business or residence district and which is
following another motor truck or motor vehicle drawing
another vehicle shall, whenever conditions permit, leave
sufficient space so that an overtaking vehicle may enter
and occupy such space without danger, except that this
shall not prevent a motor truck or motor vehicle drawing
another vehicle from overtaking and passing any like ve-
hicle or other vehicle.
(3) Motor vehicles being driven upon any roadway
outside of a business or residence district in a caravan or
[Title 46 RCW—p 173]
46.52.088
Title 46 RCW:
required in chapter 46.52 RCW knowing that such in-
formation is false. [1975 c 62 § 16.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.52.088 Reports False information. A person
>hall not give information in ora] or written reports as
[Title 46 RCW—p 153)
4o.oi.i�� rur�ner i�m�tations on driving to left of
center of roadway. (1) No vehicle shall be driven on the
left side of the roadway under the following conditions:
(a) When approaching or upon the crest of a grade or
a curve in the highway where the driver's view is ob-
structed within such distance as to create a hazard in the
event another vehicle might approach from the opposite
direction;
(b) When approaching within one hundred feet of or
traversing any intersection or railroad grade crossing;
(c) When the view is obstructed upon approaching
within one hundred feet of any bridge, viaduct or tunnel.
(2) The foregoing limitations shall not apply upon a
one–way roadway, nor under the conditions described in
RCW 46.61.100(1)(b), nor to the driver of a vehicle
turning left into or from an alley, private road or drive-
way. [1972 ex.s. c 33 § 2; 1965 ex.s. c l55 § 20.]
Ru/es ot court: Monetary penalty schedule 6.2.
46.61.150 Driving on divided hig6ways. Whenever
any highway has been divided into two or more road-
ways by leaving an intervening space or by a physical
barrier or clearly indicated dividing section or by a me-
dian island not less than eighteen inches wide formed ei-
ther by solid yellow pavement markings or by a yellow
crosshatching between two solid yellow lines so installed
as to control vehicular traffic, every vehicle shall be
driven only upon the right–hand roadway unless directed
or permitted to use another roadway by official traffic–
control devices or police of�cers. No vehicle shall be
driven over, across or within any such dividing space,
barrier or section, or median island, except through an
opening in such physical barrier or dividing section or
space or median island, or at a crossover or intersection
established by public authority. [ 1972 ex.s. c 33 § 4;
1965 ex.s. c 155 § 25.]
Rules of courh Monetary penalty schedule—JTIR 6.2.
46.61.155 Restricted access. No person shall drive a
vehicle onto or from any limited access roadway except
at such entrances and exits as are established by public
authority. [1965 ex.s. c 155 § 26.]
Rules of court: Monetary penalty schedule—JTIR 6.2.
„ _ _ _ .. .,,,. , �.,,,,,.
46.61.295 "U” turns. (1) The driver of any vehicle
shall not turn such vehicle so as to proceed in the oppo-
site direction unless such movement can be made in
safety and without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach
to or near the crest of a grade, where such vehicle can-
not be seen by the driver of any other vehicle approach-
ing from either direction within �ve hundred feet. [1975
c 62 § 29; 1965 ex.s. c 155 § 41.]
Rules ot courh. Monetary penalty schedule—JTIR 6.2.
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.300 Starting parked vehicle. No person shall
start a vehicle which is stopped, standing or parked un-
less and until such movement can be made with reason-
able safety. (1965 ex.s. c 155 § 42.]
Ruks of court Monetary penalty schedule 6.2.
46.�2.030 Accident reports. (1) 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 equal to or greater
than the minimum amount established by rule adopted
by the chief of the Washington state patrol in accord-
ance with subsection (5) of this section, 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 incorporated cities and towns.
Nothing in this subsection prohibits accident reports
from being filed by drivers where damage to property is
less than the minimum amount.
(2) 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.
(3) Any law enforcement officer who investigates an
accident for which a driver's report is required under
subsection (1) of this section shall submit an investiga-
tor's report as required by RCW 46.52.070.
(4) The chief of the Washington state patrol may re-
quire any driver of any vehicle involved in an accident,
of which report must be made as provided in this sec-
tion, to �le supplemental reports whenever the original
report in his opinion is insufficient, and may likewise re-
quire witnesses of any such accident to render reports.
For this purpose, the chief of the Washington state pa-
trol 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
(Title 46 RCW 152]
Motor Vehicles
shall call for sufficiently detailed information to disclose
all material facts with reference to the accident to be
reported thereon, including the location, the cause, the
conditions then existing, the persons and vehicles in-
volved, the insurance information required under RCW
46.30.030, personal injury or death, if any, the amounts
of property damage claimed, the total number of vehi-
cles involved, whether the vehicles were legally parked,
legally standing, or moving, and whether such vehicles
were occupied at the time of the accident. Every re-
quired accident report shall be made on a form pre-
scribed 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 compli-
ance with the form devised. The report forms shall be
designated so as to provide that a copy may be retained
by the reporting person.
(5) The chief of the Washington state patrol shall
adopt rules establishing the accident–reporting threshold
for property damage accidents. Beginning October 1,
1987, the accident–reporting threshold for property
damage accidents shall be �ve hundred dollars. The ac-
cident–reporting threshold for property damage acci-
dents shall be revised when necessary, but not more
frequently than every two years. The revisions shall only
be for the purpose of recognizing economic changes as
reflected by an inflationary index recommended by the
office of financial management. The revisions shall be
guided by the change in the index for the time period
since the last revision. (1989 c 353 § 5; 1987 c 463 § 2;
1981 c 30 § I; 1979 c 158 § 160; 1979 c 11 § 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.)
Severability date--1989 c 353: See RCW 46.30.900
a��r dF �o_9oi_
46.61.425 Minimum speed regulation Passing
slow moving vehicle. (1) No person shall drive a motor
vehicle at such a slow speed as to impede the normal and
reasonable movement of traffic except when reduced
speed is necessary for safe operation or in compliance
with law: Provided, That a person following a vehicle
driving at less than the legal maximum speed and desir-
ing to pass such vehicle may exceed the speed limit,
subject to the provisions of RCW 46.61.120 on highways
having only one lane of traffic in each direction, at only
such a speed and for only such a distance as is necessary
to complete the pass with a reasonable margin of safety.
(2) Whenever the secretary of transportation or local
authorities within their respective jurisdictions determine
on the basis of an engineering and traffic investigation
that slow speeds on any part of a highway unreasonably
impede the normal movement of traffic, the secretary or
such local authority may determine and declare a mini-
mum speed limit thereat which shall be effective when
appropriate signs giving notice thereof are erected. No
person sha[1 drive a vehicle slower than such minimum
speed limit except when necessary for safe operation or
in compliance with law. [ 1977 ex.s. c 151 § 37; 1969 c
135 § 1; 1967 c 25 § 2; 1963 c 16 § 6. Formerly RCW
46.48.015.)
Rules of court Monetary penafty schedule—JTIR 6.2.
Federal requirements---Sererability-1977 ex.s. c 151: See
--�
Motor Vehicles
Rules of court. Monetary penalty schedule—JTIR 6.2.
I.egislative intent-1986 c 93: "It is the intent of the legislature,
in this 1985 [1986] amendment of RCW 46.61.100, that the left–hand
lane on any state highway with two or more lanes in the same direction
be used primarily as a passing lane." [1986 c 93 § 1.)
Information on proper use of left–hand lane: RCW 28A.08.080, 46-
.20.095, 46.82.430, 47.36.260.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING USE OF
ROADWAY
46.61.100 Keep right except when passing, etc. (1)
Upon all roadways of suf�cient width a vehicle shall be
driven upon the right half of the roadway, except as
follows:
(a) When overtaking and passing another vehicle pro-
ceeding in the same direction under the rules governing
such movement;
(b) When an obstruction exists making it necessary to
drive to the left of the center of the highway; provided,
any person so doing shall yield the right of way to all
vehicles traveling in the proper direction upon the unob-
structed portion of the highway within such distance as
to constitute an immediate hazard;
(c) Upon a roadway divided into three marked lanes
and providing for two-way movement traf�c under the
rules applicable thereon; or
(d) Upon a street or highway restricted to one–way
traf�c.
(2) Upon all roadways having two or more lanes for
traffic moving in the same direction, all vehicles shall be
driven in the right–hand lane then available for traf�c,
except (a) when overtaking and passing another vehicle
proceeding in the same direction, (b) when traveling at a
speed greater than the traf�c flow, (c) when moving left
to allow traf�c to merge, or (d) when preparing for a
left turn at an intersection, exit, or into a private road or
driveway when such left turn is legally permitted. On
any such roadway, a motor truck shall be driven only in
the right–hand lane except under the conditions enu-
merated in (a) through (d) of this subsection.
(3) It is a traf�c infraction to drive continuously in
the left lane of a multilane roadway when it impedes the
flow of other traffic.
(4) Upon any roadway having four or more lanes for
moving traf�c and providing for two–way movement of
traffic, a vehicle shall not be driven to the left of the
center line of the roadway except when authorized by
of�cial traf�c control devices designating certain lanes
to the left side of the center of the roadway for use by
traf�c not otherwise permitted to use such lanes, or ex-
cept as permitted under subsection (1)(b) of this section.
However, this subsection shall not be construed as pro-
hibiting the crossing of the center line in making a left
turn into or from an alley, private road or driveway.
[1986 c 93 § 2; 1972 ex.s. c 33 § l; 1969 ex.s. c 281 §
46; 1967 ex.s. c 145 § 58; 1965 ex.s. c 155 § 15.)
Rules
such overtaking and passing to be completely mad
without interfering with the operation of any vehicle ap
proaching from the opposite direction or any vehicl�
overtaken. In every event the overtaking vehicle mus
return to an authorized lane of travel as soon as practi•
cable and in the event the passing movement involves the
use of a lane authorized for vehicles approaching from
the opposite direction, before coming within two hun-
dred feet of any approaching vehicle. [ 1965 ex.s. c 155 §
19.]
Ruks ot court: Monetary penalty schedule—,/T!R 6.2.
��./1 1Ar T__-a�"___ • . .• _ _
46.61 110 Overtaking a vehicle on the left. The fol-
lowing rules shall govern the overtaking and passing of
vehicles proceeding in the same direction, subject to
those limitations, exceptions and special rules hereinafter
stated:
(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left
thereof at a safe distance and shall not again drive to the
right side of the roadway until safely clear of the over-
taken vehicle.
(2) Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle shall give
way to the right in favor of t;�e overtaking vehicle on
audible signal and shall not increase the speed of his ve-
hicle until completely passed by the overtaking vehicle.
[1965 ex.s. c 155 § 17.j
Rules of courh Monetary penalty schedule 6.2.
46.61.115 When overtaking on the right is permitted.
(1) The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following
conditions:
(a) When the vehicle overtaken is making or about to
make a left turn;
(b) Upon a roadway with unobstructed pavement of
suf�cient width for two or more lines of vehicles moving
lawfully in the direction being traveled by the overtaking
vehicle. �
(2) The driver of a vehicle may overtake and pass an-
other vehicle upon the right only under conditions per-
mitting such movement in safety. Such movement shall
not be made by driving off the roadway. [ 1975 c 62 §
23; 1965 ex.s. c I55 § 18.�
Ru1es of court: Monetary penalty schedule—JTIR 6.2.
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.120 Limitations on overtaking on the left. No
vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle pro-
ceeding in the same direction unless authorized by the
provisions of RCW 46.61.100 through 46.61.160 and
unless such left side is clearly visible and is free of on-
coming traf�c for a sufficient distance ahead to permit
(1989 Ed.)
[Title 46 RCW—p 172]
46.61.135 One—way roadways and rotary traffic is-
lands. (1) The state department of transportation and
the local authorities with respect to highways under their
respective aaro da�f adwayaor spe �fic lanes upon which
roadway, p
(1989 Ed.)
�
f The Road
46.61.145
vehicular traffic shal] proceed in one direction at all or
such times as shall be indicated by official traffic control
devices.
(2) Upon a roadway so designated for one—way traf-
�c, a vehicle shall be driven only in the direction desig-
nated at all or such times as shall be indicated by
of�cial traf�c control devices.
(3) A vehicle passing around a rotary traffic island
shall be driven only to the right of such island. (1984 c 7
§ 64; 1975 c 62 § 24; 1965 ex.s. c 155 § 22•]
Ruks ot eourt: Monetary penalty schedule—JTIR 6.2.
Sevenb�fity-1984 c 7: See note following RCW 47.O1.141.
Sevenbility-1975 c 62: See note following RCW 36.75.010.
46.61.140 Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or
more clearly marked lanes for traf�c the following rules
in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from
such lane until the driver has first ascertained that such
movement can be made with safety.
(2) Upon a roadway which is divided into three lanes
and provides for two—way movement of traffic, a vehicle
shall not be driven in the center lane except when over-
taking and passing another vehicle traveling in the same
direction when such center lane is clear of traffic within
a safe distance, or in preparation for making a left turn
or where such center lane is at the time allocated ex�lu-
sively to traf�c moving in the same direction that the
vehicle is proceeding and such allocation is designated
by of�cial traffic—control devices.
(3) Of�cial traffic—control devices may be erected di-
recting slow moving or other specified traf�c to use a
designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the
center of the roadway and drivers of vehicles shall obey
the directions of every such device.
(4) Of�cial traf�c-�ontrol devices may be installed
prohibiting the changing of lanes on sections of roadway
and drivers of vehicles shall obey the directions of every
such device. [1965 ex.s. c 155 § 23.]
Rules of courr Monetary penalty schedule—JTIR 6.2.
46.61.190 Vehicle entering stop or yield intersection.
(1) Preferential right of way may be indicated by stop
signs or �ield si�ns as authorized in RCW 47.36.110.
(2) Except when directed to proceed by a duly auth-
orized flagman, or a police officer, or a�re �ghter
vested by law with authority to direct, control, or regu-
late traffic, every driver of a vehicle approaching a stop
sign shall stop at a clearly marked stop line, but if none,
before entering a marked crosswalk on the near side of
the intersection or, if none, then at the point nearest the
intersecting roadway where the driver has a view of ap-
proaching traffic on the intersecting roadway before en-
tering the roadway, and after having stopped shall yield
the right of way to any vehicle in the intersection or ap-
proaching on another roadway so closely as to constitute
an immediate hazard during the time when such driver
is moving across or within the intersection or junction of
roadways.
(3) The driver of a vehicle approaching a yield sign
shall in obedience to such sign slow down to a speed
reasonable for the existing conditions and if required for
(1989 Ed.)
Rules o
safety to stop, shall stop at a clearly marked stop line,
but if none, before entering a marked crosswalk on the
near side of the intersection or if none, then at the point
nearest the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway
before entering the roadway, and then after slowing or
� stopping, the driver shall yield the right of way to any
vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard
during the time such driver is moving across or within
the intersection or junction of roadways: Provided, That
if such a driver is involved in a collision with a vehicle in
the intersection or junction of roadways, after driving
�_r` past a yield sign without stopping, such collision shall be
� deemed prima facie evidence of his failure to yield right
4 of way. [ 1975 c 62 § 27; 1965 ex.s. c 155 § 30.]
Rules ot courh. Monetary penalty schedule—JTIR 6.2.
Severability-1975 c 62: See note following RCW 36.75.010.
Stop signs, "Yield" signs—Duties of persons using highwey: RCW
47.36.1 ] 0.
' - � T� - a _...e. n f a
TURNING AND STARTING AND SIGNALS ON
STC�PPING AND TURNING
46.61.290 I�equired position and method of turning at
intersections. The driver of a vehicle intending to turn
shall do so as follows:
(1) Right turns. Both the approach for a right turn
and a right turn shall be made as close as practicable to
the right–hand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to
turn left shall approach the turn in the extreme left–
hand lane lawfully available to traf�c moving in the di-
rection of travel of the vehicle. Whenever practicable the
left turn shall be made to the left of the center of the
intersection and so as to leave the intersection or other
location in the extreme left–hand lane lawfully available
to traf�c moving in the same direction as the vehicle on
the roadway being entered.
(3) Two–way left turn lanes.
(a) The department of transportation and local au-
thorities in their respective jurisdictions may designate a
tw�way left turn lane on a roadway. A two--way left
turn lane is near the center of the roadway set aside for
use by vehicles making left turns in either direction from
or into the roadway.
(b) Two–way left turn lanes shall be designated by
distinctive uniform roadway markings. The department
of transportation shall determine and prescribe stan-
dards and specifications governing type, length, width,
and positioning of the distinctive permanent markings.
The standards and specifications developed shall be �led
with the code reviser in accordance with the procedures
set forth in the administrative procedure act, chapter
34.05 RCW. On and after July 1, 1971, permanent
markings designating a two—way left turn lane shall
conform to such standards and speci�cations.
(c) Upon a roadway where a center lane has been
provided by distinctive pavement markings for the use of
vehicles turning left from either direction, no vehicles
[Title 46 RCW 177]
46.61.290
Title 46 RCW:
may turn left from any other lane. A vehicle shall not be
driven in this center lane for the purpose of overtaking
or passing another vehicle proceeding in the same direc-
tion. A signal, either electric or manual, for indicating a
left turn movement, shall be made at least one hundred
feet before the actual left turn movement is made.
(4) The department of transportation and local au-
thorities in their respective jurisdictions may cause of�-
cial traf�c–control devices to be placed and thereby
require and direct that a different course from that
speci�ed in this section be traveled by turning vehicles,
and when the devices are so placed no driver of a vehicle
may turn a vehicle other than as directed and required
by the devices. [1984 c 12 § 1; 1984 c 7§ 68; 1975 c 62
§ 28; 1969 ex.s. c 281 § 61; 1965 ex.s. c 155 § 40.]
Rules ot court: Monetary penalcy schedule—JTIR 6.2.
Reviser's note: This section was amended by 1984 c 12 § 1 and by
1984 c 7§ 68, each without reference to the other. Both amendments
are incorporated in thc publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
SevenbiHty-1984 c 7: See note following RCW 47.O1.141.
Sevenbility-1975 e 62: See note followin¢ R('w �� �� ^'^
Motor Vehicles
§ 46.48.150. Prior: 1937 c 189 § 131; RRS § 6360-131.
Formerly RCW 46.48.150.]
Severability-1 c 7: See note following RCW 47.01.141.
Design and markings of school buses: RCW 46.37.190.
46.61..385 School patrol Appointment Au-
thority Finance—Insurance. The superintendent of
public instruction, through the superintendent of schools
of any school district, or other of�cer or board perform-
ing like functions with respect to the schools of any other
educational administrative district, may cause to be ap-
pointed voluntary adult recruits as supervisors and, from
the student body of any public or private school or insti-
tution of learning, students, who shall be known as
members of the "school patrol" and who shall serve
without compensation and at the pleasure of the author-
ity making the appointment.
The members of such school patrol shall wear an ap-
propriate designation or insignia identifying them as
members of the school patrol when in performance of
their duties, and they may display "stop" or other proper
traffic directional signs or signals at school crossings or
other points where school children are crossing or about
to cross a public highway, but members of the school
patrol and their supervisors shall be subordinate to and
obey the orders of any peace of�cer present and having
jurisdiction.
School districts, at their discretion, may hire suf�cient
numbers of adults to serve as supervisors. Such adults
shall be subordinate to and obey the orders of any peace
officer present and having jurisdiction.
Any school district having a school patrol may pur-
chase uniforms and other appropriate insignia, traffic
signs and other appropriate materials, all to be used by
members of such school patrol while in performance of
their duties, and may pay for the same out of the gen-
eral fund of the district.
It shall be unlawful for the operator of any vehicle to
fail to stop his vehicle when directed to do so by a school
patrol sign or signal displayed by a member of the
school patrol engaged in the performance of his duty and
wearing or displaying appropriate insignia, and it shall
further be unlawful for the operator of a vehicle to dis-
regard any other reasonable directions of a member of
the school patrol when acting in performance of his du-
ties as such.
School districts may expend funds from the general
fund of the district to pay premiums for life and acci-
dent policies covering the members of the school patrol
in their district while engaged in the performance of
their school patrol duties.
Members of the school patrol shall be considered as
employees for the purposes of RCW 28A.58.425, as now
or hereafter amended. [ 1974 ex.s. c 47 § 1; 1961 c 12 §
46.48.160. Prior: 1953 c 278 § 1; 1937 c 189 § 130;
RRS § 6360-130; 1927 c 309 § 42; RRS § 6362-42.
Formerly RCW 46.48.160.]
Rules of courh Monetary penalry schedWe-JTIR 6.2.
(1989 Ed.)
Rules of
SPEED RESTRICTIONS
46.61.400 Basic rule and maximum limits. (1) No
person shall drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the condi-
tions and having regard to the actual and potential haz-
ards then existing. In every event speed shall be so
controlled as may be necessary to avoid colliding with
any person, vehicle or other conveyance on or entering
the highway in compliance with legal requirements and
the duty of all persons to use due care.
(2) Except when a special hazard exists that requires 46.61.519 Alcoholic beverages—Drinking or open
lower speed for compliance with subsection (1) of this container in vehicle on highway Exceptions. (Effec-
section, the limits speci�ed in this section or established tive until April 1, 1992.) (1) It is a traf�c infraction to
as hereinafter authorized shall be maximum lawful drir,:: any alcoholic beverage in a motor vehicle when the
speeds, and no person shall drive a vehicle on a highway vehicle is upon a highway.
at a speed in excess of such maximum limits. (2) It is a traffic infraction for a person to have in his
(a) Twenty–�ve miles per hour on city and town possession while in a motor vehicle upon a highway, a
streets; bottle, can, or other receptacle containing an alcoholic
(b) Fifty miles per hour on county roads; beverage if the container has been opened or a seal bro-
(c) Sixty miles per hour on state highways. ken or the contents partially removed.
The maximum speed limits set forth in this section (3) It is a traffic infraction for the registered owner of
may be altered as authorized in RCW 46.61.405, 46.61- a motor vehicle, or the driver if the registered owner is
.410, and 46.61.415. not then present in the vehicle, to keep in a motor vehi-
(3) The driver of every vehicle shall, consistent with cle when the vehicle is upon a highway, a bottle, can, or
the requirements of subsection (1) of this section, drive other receptacle containing an alcoholic beverage which
at an appropriate reduced speed when approaching and has been opened or a seal broken or the contents par-
crossing an intersection or railway grade crossing, when tially removed, unless the container is kept in the trunk
approaching and going around a curve, when approach- of the vehicle or in some other area of the vehicle not
ing a hill crest, when traveling upon any narrow or normally occupied by the driver or passengers if the ve-
winding roadway, and when special hazard exists with hicle does not have a trunk. A utility compartment or
respect to pedestrians or other traffic or by reason of glove compartment is deemed to be within the area oc-
weather or highway conditions. [1965 ex.s. c 155 § 54; cupied by the driver and passengers.
1963 c 16 § l. Formerly RCW 46.48.01 l.] (4) This section does not apply to a public conveyance
Ruks of courr. Monecar that has been commercially chartered for group use or to
y penalry schedule—JTIR 6.2. the living quarters of a motor home or camper or, except
Saviag of existing orders, etc., establishing speed limits-1963 c as otherwise provided by RCW 66.44.250 or local law,
16: "This acc shall noc repeal or ,n�al�dace extscing orders a�d reso�u- to any passenger for compensation in a for–hire vehicle
tions of the state highway commission or existing resolutions and ordi- ]1CCDSed under Clty, COUilty, OT StatC 13w, OT t0 a pri-
nanccs of local authorities establishing speed limits within their
respective jurisdictions." [1963 c]6 § 7. Formerly RCW 46.a8.Ot6.] vately vehicle operated by a person possessing a
"This acc" [1963 c 16j, as amended is coaified as ttCw a6.6�.aoo valid operator's license with a special endorsement issued
through 46.61.415, 46.61.425 a�d a6.6i.aao. under RCW 46.20.440 in the course of his usual em
ployment transporting passengers at the employer's di-
rection: Provided, That nothing in this subsection shall
be construed to authorize possession or consumption of
an alcoholic beverage by the operator of any vehicle
while upon a highway. [1984 c 274 § 1; 1983 c 165 §
28.]
Legislative finding, intent—Effective dates---�everability—
1983 c 165: See notes following RCW 46.20.308.
46.61.519 Alcoholic beverages—Drinking or open
container in vehicle on highway Exceptions. (EKec-
tive April 1, 1992.) (1) It is a traf�c infraction to drink
any alcoholic beverage in a motor vehicle when the ve-
hicle is upon a highway.
(2) It is a traf�c infraction for a person to have in his
possession while in a motor vehicle upon a highway, a
bottle, can, or other receptacle containing an alcoholic
[Title 46 RCW—p 188]
Motor Vehicles
beverage if the container has been opened or a seal bra
ken or the contents partially removed.
(3) It is a traf�c infraction for the registered owner of
a motor vehicle, or the driver if the registered owner is
not then present in the vehicle, to keep in a motor vehi-
cle when the vehicle is upon a highway, a bottle, can, or
other receptacle containing an alcoholic beverage which
has been opened or a seal hroken or the contents par-
tially removed, unless the container is kept in the trunk
of the vehicle or in some other area of the vehicle not
normally occupied by the driver or passengers if the ve-
hicle does not have a trunk. A utility compartment or
glove compartment is deemed to be within the area oc-
cupied by the driver and passengers.
(4) This section does not apply to a public conveyance
that has been commercially chartered for group use or to
the living quarters of a motor home or camper or, except
as otherwise provided by RCW 66.44.250 or local law,
to any passenger for compensation in a for—hire vehicle
licensed under city, county, or state law, or to a pri-
vately—owned vehicle operated by a person possessing a
valid operator's license endorsed for the appropriate
classification under chapter 46.25 RCW in the course of
his usual employment transporting passengers at the
employer's direction: Provided, That nothing in this sub-
section shall be construed to authorize possession or
consumption of an alcoholic beverage by the operator of
any vehicle while upon a highway. [ 1989 c 178 § 26;
1984 c 274 § 1; 1983 c 165 § 28.]
Severability-Effective dates-1989 c 178: See RCW 46.25.900
and 46.25.901.
Legislative finding, intent-Effective dates-xverability-
1983 c 165: See notes following RCW 46.20308.