title: RCW 46.61.290

text:
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 traffic moving in the direction 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 traffic 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 authorities in their respective jurisdictions may designate a two-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 standards and specifications governing type, length, width, and positioning of the distinctive permanent markings. The standards and specifications developed shall be filed with the code reviser in accordance with the procedures set forth in the 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 specifications.
(c) Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. No vehicle may travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the actual left turn movement is made.
(4) The department of transportation and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and when the devices are so placed no driver of a vehicle may turn a vehicle other than as directed and required by the devices.
[ 1997 c 202 s 1. Prior: 1984 c 12 s 1; 1984 c 7 s 68; 1975 c 62 s 28; 1969 ex.s. c 281 s 61; 1965 ex.s. c 155 s 40.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Required position and method of turning at intersections.


doc_type: statute

jurisdiction: wa

title: RCW 46.61.295

text:
(1) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.
[ 1975 c 62 s 29; 1965 ex.s. c 155 s 41.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: "U" turns.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.61.300

text:
No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
[ 1965 ex.s. c 155 s 42.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Starting parked vehicle.


title: RCW 46.61.305

text:
(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 vehicle before turning.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
[ 1975 c 62 s 30; 1965 ex.s. c 155 s 43.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: When signals required—Improper use prohibited.


title: RCW 46.61.310

text:
(1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (2) hereof.
(2) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles.
[ 1965 ex.s. c 155 s 44.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Signals by hand and arm or signal lamps.


title: RCW 46.61.315

text:
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn. Hand and arm extended horizontally.
(2) Right turn. Hand and arm extended upward.
(3) Stop or decrease speed. Hand and arm extended downward.
[ 1965 ex.s. c 155 s 45.]

catchline: Method of giving hand and arm signals.


title: RCW 46.61.340

text:
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until the crossing can be made safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;
(b) A crossing gate is lowered or when a human flagger gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;
(c) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
[ 2017 c 87 s 1; 2000 c 239 s 6; 1965 ex.s. c 155 s 46.]
Notes:
Captions not law—2000 c 239: See note following RCW 49.17.350.

catchline: Approaching railroad grade crossings.


title: RCW 46.61.345

text:
The state department of transportation and local authorities within their respective jurisdictions are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those crossings. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall proceed only upon exercising due care.
[ 1984 c 7 s 69; 1965 ex.s. c 155 s 47.]

catchline: All vehicles must stop at certain railroad grade crossings.


title: RCW 46.61.350

text:
(1)(a) The driver of any of the following vehicles must stop before the stop line, if present, and otherwise within fifty feet but not less than fifteen feet from the nearest rail at a railroad grade crossing unless exempt under subsection (3) of this section:
(i) A school bus or private carrier bus carrying any school child or other passenger;
(ii) A commercial motor vehicle transporting passengers;
(iii) A cargo tank, whether loaded or empty, used for transporting any hazardous material as defined in the hazardous materials regulations of the United States department of transportation in 49 C.F.R. Parts 107 through 180 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section. For the purposes of this section, a cargo tank is any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis;
(iv) A cargo tank, whether loaded or empty, transporting a commodity under exemption in accordance with 49 C.F.R. Part 107, Subpart B as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section;
(v) A cargo tank transporting a commodity that at the time of loading has a temperature above its flashpoint as determined by the United States department of transportation in 49 C.F.R. Sec. 173.120 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section; or
(vi) A commercial motor vehicle that is required to be marked or placarded with any one of the following classifications by the United States department of transportation in 49 C.F.R. Part 172 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section:
(A) Division 1.1, Division 1.2, Division 1.3, or Division 1.4;
(B) Division 2.1, Division 2.2, Division 2.2 oxygen, Division 2.3 poison gas, or Division 2.3 chlorine;
(C) Division 4.1 or Division 4.3;
(D) Division 5.1 or Division 5.2;
(E) Division 6.1 poison;
(F) Class 3 combustible liquid or Class 3 flammable;
(G) Class 7;
(H) Class 8.
(b) While stopped, the driver must listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment. The driver may not proceed until he or she can do so safely.
(2) After stopping at a railroad grade crossing and upon proceeding when it is safe to do so, the driver must cross only in a gear that permits the vehicle to traverse the crossing without changing gears. The driver may not shift gears while crossing the track or tracks.
(3) This section does not apply at any railroad grade crossing where:
(a) Traffic is controlled by a police officer or flagger.
(b) A functioning traffic control signal is transmitting a green light.
(c) The tracks are used exclusively for a streetcar or industrial switching purposes.
(d) The utilities and transportation commission has approved the installation of an "exempt" sign in accordance with the procedures and standards under RCW 81.53.060.
(e) The crossing is abandoned and is marked with a sign indicating it is out-of-service.
(f) The utilities and transportation commission has identified a crossing where stopping is not required under RCW 81.53.060.
(4) For the purpose of this section, "commercial motor vehicle" means: Any vehicle with a manufacturer's seating capacity for eight or more passengers, including the driver, that transports passengers for hire; any private carrier bus; any vehicle used to transport property that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 pounds) or more; and any vehicle used in the transportation of hazardous materials as defined in RCW 46.25.010.
[ 2017 c 87 s 2; 2014 c 154 s 3; 2011 c 151 s 6. Prior: 2010 c 15 s 1; 2010 c 8 s 9069; 1977 c 78 s 1; 1975 c 62 s 31; 1970 ex.s. c 100 s 7; 1965 ex.s. c 155 s 48.]
Notes:
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Approaching railroad grade crossings—Specific vehicles—Exceptions—Definition.


title: RCW 46.61.355

text:
(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given to the station agent of such railroad located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such crossing.
(3) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and shall not proceed until the crossing can be made safely.
(4) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car or other on-track equipment. If a flagger is provided by the railroad, movement over the crossing shall be under the flagger's direction.
[ 2017 c 87 s 3; 2000 c 239 s 7; 1975 c 62 s 32; 1965 ex.s. c 155 s 49.]
Notes:
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Moving heavy equipment at railroad grade crossings—Notice of intended crossing.


title: RCW 46.61.365

text:
The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian or personal delivery device 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.
[ 2019 c 214 s 18; 1965 ex.s. c 155 s 51.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.

catchline: Emerging from alley, driveway, or building.


title: RCW 46.61.370

text:
(1) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
(3) The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
(4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children.
(5) The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops.
(6) Except as provided in subsection (7) of this section, a person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer and disbursed in accordance with RCW 46.61.440(5).
(7) An infraction of subsection (1) of this section detected through the use of an automated school bus safety camera under RCW 46.63.180 is not a part of the registered owner's driving record under RCW 46.52.101 and 46.52.120, and must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the fine issued for a violation of this section detected through the use of an automated school bus safety camera shall not exceed twice the monetary penalty for a violation of this section as provided under RCW 46.63.110.
[ 2011 c 375 s 3; 1997 c 80 s 1; 1990 c 241 s 8; 1965 ex.s. c 155 s 52.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Intent—2011 c 375: See note following RCW 46.63.180.
Bus routes: RCW 28A.160.115.

catchline: Overtaking or meeting school bus, exceptions—Duties of bus driver—Penalty—Safety cameras.


title: RCW 46.61.371

text:
If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to believe that a violation has occurred, the officer may request the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation occurred. When requested, the owner of the motor vehicle shall identify the driver to the best of the owner's ability. The owner of the vehicle is not required to supply identification information to the law enforcement officer if the owner believes the information is self-incriminating.
[ 1992 c 39 s 1.]

catchline: School bus stop sign violators—Identification by vehicle owner.


title: RCW 46.61.372

text:
(1) The driver of a school bus who observes a violation of RCW 46.61.370 may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred. The driver of the school bus or a school official may deliver the report to a law enforcement officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the violation occurred. The driver shall include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation.
(2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver. Failure to investigate within the ten working day period does not prohibit further investigation or prosecution. If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.370 has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle.
[ 1992 c 39 s 2.]

catchline: School bus stop sign violators—Report by bus driver—Law enforcement investigation.


title: RCW 46.61.375

text:
(1) The driver of a vehicle upon overtaking or meeting from either direction any private carrier bus which has stopped on the roadway for the purpose of receiving or discharging any passenger shall stop the vehicle before reaching such private carrier bus when there is in operation on said bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such bus resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers.
(3) The driver of a vehicle upon a highway with three or more lanes need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers.
(4) The driver of a private carrier bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging passengers.
(5) The driver of a private carrier bus may stop a private carrier bus completely off the roadway for the purpose of receiving or discharging passengers only when the passengers do not have to cross the roadway. The private carrier bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading passengers at such stops.
[ 1990 c 241 s 9; 1970 ex.s. c 100 s 8.]

catchline: Overtaking or meeting private carrier bus—Duties of bus driver.


title: RCW 46.61.380

text:
(1) The state superintendent of public instruction shall adopt and enforce rules not inconsistent with the law of this state to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in this state for the transportation of school children.
(2) School districts shall not be prohibited from placing or displaying a flag of the United States on a school bus when it does not interfere with the vehicle's safe operation. The state superintendent of public instruction shall adopt and enforce rules not inconsistent with the law of this state to govern the size, placement, and display of the flag of the United States on all school buses referenced in subsection (1) of this section.
(3) Rules shall by reference be made a part of any such contract or other agreement with the school district. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district is subject to such rules. It is unlawful for any officer or employee of any school district or for any person operating any school bus under contract with any school district to violate any of the provisions of such rules.
[ 2002 c 29 s 1; 1995 c 269 s 2501; 1984 c 7 s 70; 1961 c 12 s 46.48.150. Prior: 1937 c 189 s 131; RRS s 6360-131. Formerly RCW 46.48.150.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
School buses
generally: Chapter 28A.160 RCW.
signs: RCW 46.37.193.
stop signal and lamps: RCW 46.37.190.

catchline: Rules for design, marking, and mode of operating school buses.


title: RCW 46.61.385

text:
The superintendent of public instruction, through the superintendent of schools of any school district, or other officer or board performing like functions with respect to the schools of any other educational administrative district, may cause to be appointed voluntary adult recruits as supervisors and, from the student body of any public or private school or institution of learning, students, who shall be known as members of the "school patrol" and who shall serve without compensation and at the pleasure of the authority making the appointment.
The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of the school patrol when in performance of their duties, and they may display "stop" or other proper traffic directional signs or signals at school crossings or other points where school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.
School districts, at their discretion, may hire sufficient numbers of adults to serve as supervisors. Such adults shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.
Any school district having a school patrol may purchase uniforms and other appropriate insignia, traffic signs and other appropriate materials, all to be used by members of such school patrol while in performance of their duties, and may pay for the same out of the general fund of the district.
It shall be unlawful for the operator of any vehicle to fail to stop his or her 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 or her duty and wearing or displaying appropriate insignia, and it shall further be unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his or her duties as such.
School districts may expend funds from the general fund of the district to pay premiums for life and accident policies covering the members of the school patrol in their district while engaged in the performance of their school patrol duties.
Members of the school patrol shall be considered as employees for the purposes of RCW 28A.400.370.
[ 2010 c 8 s 9070; 1990 c 33 s 585; 1974 ex.s. c 47 s 1; 1961 c 12 s 46.48.160. Prior: 1953 c 278 s 1; 1937 c 189 s 130; RRS s 6360-130; 1927 c 309 s 42; RRS s 6362-42. Formerly RCW 46.48.160.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.


title: RCW 46.61.400

text:
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.
(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
[ 1965 ex.s. c 155 s 54; 1963 c 16 s 1. Formerly RCW 46.48.011.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Saving of existing orders, etc., establishing speed limits—1963 c 16: "This act shall not repeal or invalidate existing orders and resolutions of the state highway commission or existing resolutions and ordinances of local authorities establishing speed limits within their respective jurisdictions." [ 1963 c 16 s 7. Formerly RCW 46.48.016.]

catchline: Basic rule and maximum limits.


title: RCW 46.61.405

text:
(1) Whenever the secretary of transportation shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater than is reasonable or safe with respect to a state highway under the conditions found to exist at any intersection or upon any other part of the state highway system or at state ferry terminals, or that a general reduction of any maximum speed set forth in RCW 46.61.400 is necessary in order to comply with a national maximum speed limit, the secretary may determine and declare a reasonable and safe lower maximum limit or a lower maximum limit which will comply with a national maximum speed limit, for any state highway, the entire state highway system, or any portion thereof, which shall be effective when appropriate signs giving notice thereof are erected. The secretary may also fix and regulate the speed of vehicles on any state highway within the maximum speed limit allowed by this chapter for special occasions including, but not limited to, local parades and other special events. Any such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the said signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective (a) when posted upon appropriate fixed or variable signs or (b) if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective 30 days after written notice thereof is mailed in the manner provided in RCW 46.61.410(4), as now or hereafter amended.
(2) The secretary of transportation may establish a maximum speed limit of 20 miles per hour on a nonarterial state highway, or part of a nonarterial state highway, without a determination made on the basis of an engineering and traffic investigation, subject to the conditions described in RCW 46.61.415(3).
[ 2022 c 235 s 2; 1987 c 397 s 3; 1977 ex.s. c 151 s 34; 1974 ex.s. c 103 s 1; 1970 ex.s. c 100 s 2; 1967 c 25 s 1; 1963 c 16 s 2. Formerly RCW 46.48.012.]
Notes:
Intent—1987 c 397: See note following RCW 46.61.410.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.

catchline: Decreases by secretary of transportation.


title: RCW 46.61.410

text:
(1)(a) Subject to subsection (2) of this section the secretary may increase the maximum speed limit on any highway or portion thereof to not more than seventy-five miles per hour in accordance with the design speed thereof (taking into account all safety elements included therein), or whenever the secretary determines upon the basis of an engineering and traffic investigation that such greater speed is reasonable and safe under the circumstances existing on such part of the highway.
(b) The greater maximum limit established under (a) of this subsection shall be effective when appropriate signs giving notice thereof are erected, or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
(c) Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon said signs or in the case of auto stages, as indicated in said written notice; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
(2) The maximum speed limit for vehicles over ten thousand pounds gross weight and vehicles in combination except auto stages shall not exceed sixty miles per hour and may be established at a lower limit by the secretary as provided in RCW 46.61.405.
(3) The word "trucks" used by the department on signs giving notice of maximum speed limits means vehicles over ten thousand pounds gross weight and all vehicles in combination except auto stages.
(4) Whenever the secretary establishes maximum speed limits for auto stages lower than the maximum limits for automobiles, the secretary shall cause to be mailed notice thereof to each auto transportation company holding a certificate of public convenience and necessity issued by the Washington utilities and transportation commission. The notice shall be mailed to the chief place of business within the state of Washington of each auto transportation company or if none then its chief place of business without the state of Washington.
[ 2015 c 58 s 2; 1996 c 52 s 1; 1987 c 397 s 4; 1977 ex.s. c 151 s 35; 1974 ex.s. c 103 s 2; 1970 ex.s. c 100 s 1; 1969 ex.s. c 12 s 1; 1965 ex.s. c 155 s 55; 1963 c 16 s 3. Formerly RCW 46.48.013.]
Notes:
Intent—1987 c 397: "It is the intent of the legislature to increase the speed limit to sixty-five miles per hour on those portions of the rural interstate highway system where the increase would be safe and reasonable and is allowed by federal law. It is also the intent of the legislature that the sixty-five miles per hour speed limit be strictly enforced." [ 1987 c 397 s 1.]
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.

catchline: Increases by secretary of transportation—Maximum speed limit for trucks—Auto stages—Signs and notices.


title: RCW 46.61.415

text:
(1) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under RCW 46.61.400 or 46.61.440 is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which[:]
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than 60 miles per hour; or
(c) Decreases the limit but not to less than 20 miles per hour.
(2) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon, which may be greater or less than the maximum speed permitted under RCW 46.61.400(2) but shall not exceed 60 miles per hour.
(3)(a) Local authorities in their respective jurisdictions may establish a maximum speed limit of 20 miles per hour on a nonarterial highway or part of a nonarterial highway or a maximum speed limit of 10 miles per hour on a shared street as defined in RCW 46.61.197.
(b) A speed limit established under this subsection by a local authority does not need to be determined on the basis of an engineering and traffic investigation if the local authority has developed procedures regarding establishing a maximum speed limit under this subsection. Any speed limit established under this subsection may be canceled within one year of its establishment, and the previous speed limit reestablished, without an engineering and traffic investigation. This subsection does not otherwise affect the requirement that local authorities conduct an engineering and traffic investigation to determine whether to increase speed limits.
(c) When establishing speed limits under this subsection, local authorities shall consult the manual on uniform traffic control devices as adopted by the Washington state department of transportation.
(4) The secretary of transportation is authorized to establish speed limits on county roads and city and town streets as shall be necessary to conform with any federal requirements, which are a prescribed condition for the allocation of federal funds to the state.
(5) Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon such signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(6) Any alteration of maximum limits on state highways within incorporated cities or towns by local authorities shall not be effective until such alteration has been approved by the secretary of transportation.
[ 2025 c 300 s 3; 2022 c 235 s 1; 2013 c 264 s 1; 1977 ex.s. c 151 s 36; 1974 ex.s. c 103 s 3; 1963 c 16 s 4. Formerly RCW 46.48.014.]
Notes:
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.

catchline: When local authorities may establish or alter maximum limits.


title: RCW 46.61.419

text:
State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.34, 64.32, or 64.38 RCW if:
(1) A majority of the homeowner's association's, association of apartment owners', or condominium association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the homeowner's association, association of apartment owners, or condominium association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;
(3) The homeowner's association, association of apartment owners, or condominium association has provided written notice to all of the homeowners, apartment owners, or unit owners describing the new authority to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at all vehicle entrances to the community.
[ 2013 c 269 s 1; 2003 c 193 s 1.]
PDF
RCW 46.61.419
Private roads—Speed enforcement. (Effective January 1, 2028.)
State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.90 RCW if:
(1) A majority of the unit owners association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the unit owners association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;
(3) The unit owners association has provided written notice to all of the unit owners describing the new authority to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at all vehicle entrances to the common interest community.
[ 2024 c 321 s 406; 2013 c 269 s 1; 2003 c 193 s 1.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.

catchline: Private roads—Speed enforcement. (Effective until January 1, 2028.)


title: RCW 46.61.425

text:
(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 desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
(2) Whenever the secretary of transportation or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway unreasonably impede the normal movement of traffic, the secretary or such local authority may determine and declare a minimum speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle slower than such minimum speed limit except when necessary for safe operation or in compliance with law.
[ 1977 ex.s. c 151 s 37; 1969 c 135 s 1; 1967 c 25 s 2; 1963 c 16 s 6. Formerly RCW 46.48.015.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.

catchline: Minimum speed regulation—Passing slow moving vehicle.


title: RCW 46.61.427

text:
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow moving vehicle, behind which five or more vehicles are formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the vehicles following to proceed. As used in this section a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
[ 1973 c 88 s 1.]

catchline: Slow-moving vehicle to pull off roadway.


title: RCW 46.61.428

text:
(1) The state department of transportation and local authorities are authorized to determine those portions of any two-lane highways under their respective jurisdictions on which drivers of slow-moving vehicles may safely drive onto improved shoulders for the purpose of allowing overtaking vehicles to pass and may by appropriate signs indicate the beginning and end of such zones.
(2) Where signs are in place to define a driving-on-shoulder zone as set forth in subsection (1) of this section, the driver of a slow-moving vehicle may drive onto and along the shoulder within the zone but only for the purpose of allowing overtaking vehicles to pass and then shall return to the roadway.
(3) Signs erected to define a driving-on-shoulder zone take precedence over pavement markings for the purpose of allowing the movements described in subsection (2) of this section.
[ 1984 c 7 s 71; 1977 ex.s. c 39 s 1.]

catchline: Slow-moving vehicle driving on shoulders, when.


title: RCW 46.61.430

text:
Notwithstanding any law to the contrary or inconsistent herewith, the secretary of transportation shall have the power and the duty to fix and regulate the speed of vehicles within the maximum speed limit allowed by law for state highways, designated as limited access facilities, regardless of whether a portion of said highway is within the corporate limits of a city or town. No governing body or authority of such city or town or other political subdivision may have the power to pass or enforce any ordinance, rule, or regulation requiring a different rate of speed, and all such ordinances, rules, and regulations contrary to or inconsistent therewith now in force are void and of no effect.
[ 1977 ex.s. c 151 s 38; 1974 ex.s. c 103 s 4; 1961 c 12 s 46.48.041. Prior: 1955 c 177 s 5. Formerly RCW 46.48.041.]
Notes:
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.

catchline: Authority of secretary of transportation to fix speed limits on limited access facilities exclusive—Local regulations.


title: RCW 46.61.435

text:
The governing body or authority of any such city or town or political subdivision shall place and maintain upon each and every highway intersecting a highway where an increased speed is permitted, as provided in this chapter, appropriate stop or yield signs, sufficient to be read at any time by any person upon approaching and entering the highway upon which such increased speed is permitted and such city street or such portion thereof as is subject to the increased speed shall be an arterial highway.
[ 1975 c 62 s 33; 1961 c 12 s 46.48.046. Prior: 1951 c 28 s 4; prior: 1937 c 189 s 66, part; RRS s 6360-66, part; 1927 c 309 s 5, part; 1921 c 96 s 41, part; 1919 c 59 s 13, part; 1917 c 155 s 20, part; 1915 c 142 s 34, part; RRS s 6362-5, part. Formerly RCW 46.48.046.]
Notes:
Severability—1975 c 62: See note following RCW 36.75.010.
Designation of city streets as arterials, stopping on entering: RCW 46.61.195.
Traffic control signals or devices upon city streets forming part of state highways: RCW 46.61.085.

catchline: Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways—Designated as arterials.


title: RCW 46.61.440

text:
(1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.
(2) A county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground, in which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per hour. The school or playground speed zone may extend three hundred feet from the border of the school or playground property; however, the speed zone may only include area consistent with active school or playground use.
(3) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) School districts may erect signs that comply with the uniform state standards adopted and designated by the department of transportation under RCW 47.36.030, informing motorists of the increased monetary penalties assessed for violations of RCW 46.61.235, 46.61.245, or 46.61.261 within a school, playground, or crosswalk speed zone created under subsection (1) or (2) of this section.
(5) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (3) of this section and the moneys collected under RCW 46.61.235(5), 46.61.245(2), or 46.61.261(2) shall be deposited into the account. Expenditures from the account may be used only by the Washington traffic safety commission solely to fund projects in local communities to improve school zone safety, pupil transportation safety, and student safety in school bus loading and unloading areas. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures until July 1, 1999, after which date moneys in the account may be spent only after appropriation.
[ 2010 c 242 s 4; 2003 c 192 s 1; 1997 c 80 s 2; 1996 c 114 s 1; 1975 c 62 s 34; 1963 c 16 s 5; 1961 c 12 s 46.48.023. Prior: 1951 c 28 s 9; 1949 c 196 s 6, part; 1947 c 200 s 8, part; 1937 c 189 s 64, part; Rem. Supp. 1949 s 6360-64, part; 1927 c 309 s 3, part; 1923 c 181 s 6, part; 1921 c 96 s 27, part; 1917 c 155 s 16, part; 1915 c 142 s 24, part; RRS s 6362-3, part; 1909 c 249 s 279, part; Rem. & Bal. s 2531, part. Formerly RCW 46.48.023.]
Notes:
Effective date—2010 c 242: See note following RCW 46.61.275.
Effective date—1996 c 114: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 20, 1996]." [ 1996 c 114 s 2.]
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Maximum speed limit when passing school or playground crosswalks—Penalty, disposition of proceeds.


title: RCW 46.61.445

text:
Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.
[ 1961 c 12 s 46.48.025. Prior: 1951 c 28 s 11; 1949 c 196 s 6, part; 1947 c 200 s 8, part; 1937 c 189 s 64, part; Rem. Supp. 1949 s 6360-64, part; 1927 c 309 s 3, part; 1923 c 181 s 6, part; 1921 c 96 s 27, part; 1917 c 155 s 16, part; 1915 c 142 s 24, part; RRS s 6362-3, part; 1909 c 249 s 279, part; Rem. & Bal. 2531, part. Formerly RCW 46.48.025.]
Notes:
Duty to use due care: RCW 46.61.400(1).

catchline: Due care required.


title: RCW 46.61.450

text:
It shall be unlawful for any person to operate a vehicle or any combination of vehicles over any bridge or other elevated structure or through any tunnel or underpass constituting a part of any public highway at a rate of speed or with a gross weight or of a size which is greater at any time than the maximum speed or maximum weight or size which can be maintained or carried with safety over any such bridge or structure or through any such tunnel or underpass when such bridge, structure, tunnel, or underpass is sign posted as hereinafter provided. The secretary of transportation, if it be a bridge, structure, tunnel, or underpass upon a state highway, or the governing body or authorities of any county, city, or town, if it be upon roads or streets under their jurisdiction, may restrict the speed which may be maintained or the gross weight or size which may be operated upon or over any such bridge or elevated structure or through any such tunnel or underpass with safety thereto. The secretary or the governing body or authorities of any county, city, or town having jurisdiction shall determine and declare the maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate and shall cause suitable signs stating such maximum speed or maximum gross weight, or size, or either, to be erected and maintained on the right hand side of such highway, road, or street and at a distance of not less than one hundred feet from each end of such bridge, structure, tunnel, or underpass and on the approach thereto: PROVIDED, That in the event that any such bridge, elevated structure, tunnel, or underpass is upon a city street designated by the department of transportation as forming a part of the route of any state highway through any such incorporated city or town the determination of any maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate shall not be enforceable at any speed, weight, or size less than the maximum allowed by law, unless with the approval in writing of the secretary. Upon the trial of any person charged with a violation of this section, proof of either violation of maximum speed or maximum weight, or size, or either, and the distance and location of such signs as are required, shall constitute conclusive evidence of the maximum speed or maximum weight, or size, or either, which can be maintained or carried with safety over such bridge or elevated structure or through such tunnel or underpass.
[ 2006 c 334 s 20; 1977 ex.s. c 151 s 39; 1961 c 12 s 46.48.080. Prior: 1937 c 189 s 70; RRS s 6360-70. Formerly RCW 46.48.080.]
Notes:
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.

catchline: Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—Posting limits.


title: RCW 46.61.455

text:
Except for vehicles equipped with temporary-use spare tires that meet federal standards, it shall be unlawful to operate any vehicle equipped or partly equipped with solid rubber tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly equipped with solid rubber tires or hollow center cushion tires, so long as solid rubber tires or hollow center cushion tires may be used under the provisions of this title, upon any public highway of this state at a greater rate of speed than ten miles per hour: PROVIDED, That the temporary-use spare tires are installed and used in accordance with the manufacturer's instructions.
[ 1990 c 105 s 3; 1961 c 12 s 46.48.110. Prior: 1947 c 200 s 11; 1937 c 189 s 73; Rem. Supp. 1947 s 6360-73. Formerly RCW 46.48.110.]

catchline: Vehicles with solid or hollow cushion tires.


title: RCW 46.61.460

text:
No person shall operate any motor-driven cycle at any time mentioned in RCW 46.37.020 at a speed greater than thirty-five miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead.
[ 1965 ex.s. c 155 s 57.]

catchline: Special speed limitation on motor-driven cycle.


title: RCW 46.61.465

text:
The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof.
[ 1961 c 12 s 46.48.026. Prior: 1951 c 28 s 12; 1949 c 196 s 6, part; 1947 c 200 s 8, part; 1937 c 189 s 64, part; Rem. Supp. 1949 s 6360-64, part; 1927 c 309 s 3, part; 1923 c 181 s 6, part; 1921 c 96 s 27, part; 1917 c 155 s 16, part; 1915 c 142 s 24, part; RRS s 6362-3, part; 1909 c 249 s 279, part; Rem. & Bal. s2531, part. Formerly RCW 46.48.026.]

catchline: Exceeding speed limit evidence of reckless driving.


title: RCW 46.61.470

text:
(1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap.
(2) Evidence shall be admissible against any person arrested or issued a notice of a traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either: (a) The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or (b) a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle.
(3) The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than one-fourth mile.
[ 1981 c 105 s 1; 1961 c 12 s 46.48.120. Prior: 1937 c 189 s 74; RRS s 6360-74; 1927 c 309 s 7; RRS s 6362-7. Formerly RCW 46.48.120.]

catchline: Speed traps defined, certain types permitted—Measured courses, speed measuring devices, timing from aircraft.


title: RCW 46.61.480

text:
(1) Tribal authorities, within their reservation boundaries, may determine based on an engineering and traffic investigation that the maximum speed permitted under RCW 46.61.400 or 46.61.405 is greater or less than is reasonable or safe under the conditions found to exist upon a nonlimited access state highway or part of a nonlimited access state highway. Then, the tribal authority may determine and declare a reasonable and safe maximum limit thereon which:
(a) Decreases the limit at intersections;
(b) Increases the limit, not exceeding sixty miles per hour; or
(c) Decreases the limit, not lower than twenty miles per hour.
(2) Any alteration by tribal authorities of maximum limits on a nonlimited access state highway is not effective until the alteration has been approved by the secretary of transportation and appropriate signs giving notice of the alteration have been posted. In the case of an alteration by tribal authorities of maximum limits on a nonlimited access state highway that is also part of a city or town street or county road within tribal reservation boundaries, the alteration is not effective until that alteration has also been approved by the applicable local authority.
[ 2009 c 383 s 1.]

catchline: Determination of maximum speed on nonlimited access state highways within tribal reservation boundaries.


title: RCW 46.61.500

text:
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars.
(2)(a) Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.
(b) When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident. In the case of a person whose day-for-day credit is for a period equal to or greater than the period of suspension required under this section, the department shall provide notice of full credit, shall provide for no further suspension under this section, and shall impose no additional reissue fees for this credit. During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.
(3)(a) Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.
(b) A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.
[ 2020 c 330 s 14; 2012 c 183 s 11. Prior: 2011 c 293 s 4; 2011 c 96 s 34; 1990 c 291 s 1; 1979 ex.s. c 136 s 85; 1967 c 32 s 67; 1965 ex.s. c 155 s 59.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.
PDF
RCW 46.61.500
Reckless driving—Penalty—Probation. (Effective January 1, 2029.)
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Except as provided in subsection (4) of this section, violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to 364 days and by a fine of not more than $5,000.
(2)(a) Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than 30 days.
(b) When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident. In the case of a person whose day-for-day credit is for a period equal to or greater than the period of suspension required under this section, the department shall provide notice of full credit, shall provide for no further suspension under this section, and shall impose no additional reissue fees for this credit. During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.
(3)(a) Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.
(b) A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.
(4)(a) Following the period of suspension under subsection (2) of this section, the department must establish a period of probation for 150 days. During the period of probation, the person may not operate a vehicle upon which a properly functioning intelligent speed assistance device has not been installed.
(b) The operation of a vehicle without such a properly functioning intelligent speed assistance device following the suspension as provided in (a) of this subsection is a traffic infraction.
(c) Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension or revocation to run consecutively with any suspension already being served.
(d) A person who is required to operate a motor vehicle with an intelligent speed assistance device under this subsection (4) remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
[ 2025 c 228 s 14; 2020 c 330 s 14; 2012 c 183 s 11. Prior: 2011 c 293 s 4; 2011 c 96 s 34; 1990 c 291 s 1; 1979 ex.s. c 136 s 85; 1967 c 32 s 67; 1965 ex.s. c 155 s 59.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.

catchline: Reckless driving—Penalty. (Effective until January 1, 2029.)


title: RCW 46.61.502

text:
(1) A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, cannabis, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, cannabis, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of cannabis after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by cannabis in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class B felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has three or more prior offenses within 15 years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
[ 2024 c 306 s 30; 2022 c 16 s 40; 2017 c 335 s 1; 2016 c 87 s 1; 2013 c 3 s 33 (Initiative Measure No. 502, approved November 6, 2012); 2011 c 293 s 2; 2008 c 282 s 20; 2006 c 73 s 1; 1998 c 213 s 3; 1994 c 275 s 2; 1993 c 328 s 1; 1987 c 373 s 2; 1986 c 153 s 2; 1979 ex.s. c 176 s 1.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2024 c 306: See note following RCW 9.94A.661.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—2006 c 73: "This act takes effect July 1, 2007." [ 2006 c 73 s 19.]
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—1987 c 373: "The legislature finds the existing statutes that establish the criteria for determining when a person is guilty of driving a motor vehicle under the influence of intoxicating liquor or drugs are constitutional and do not require any additional criteria to ensure their legality. The purpose of this act is to provide an additional method of defining the crime of driving while intoxicated. This act is not an acknowledgment that the existing breath alcohol standard is legally improper or invalid." [ 1987 c 373 s 1.]
Severability—1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 373 s 8.]
Severability—1979 ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 176 s 8.]
Business operation of vessel or vehicle while intoxicated: RCW 9.91.020.
Criminal history and driving record: RCW 46.61.513.
Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68.220.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040.

catchline: Driving under the influence.


title: RCW 46.61.503

text:
(1) Notwithstanding any other provision of this title, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol or cannabis if the person operates or is in physical control of a motor vehicle within this state and the person:
(a) Is under the age of twenty-one; and
(b) Has, within two hours after operating or being in physical control of the motor vehicle, either:
(i) An alcohol concentration of at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(ii) A THC concentration above 0.00 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's blood made under RCW 46.61.506.
(2) It is an affirmative defense to a violation of subsection (1) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol or cannabis after the time of driving or being in physical control and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol or THC concentration to be in violation of subsection (1) of this section within two hours after driving or being in physical control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(3) No person may be convicted under this section for being in physical control of a motor vehicle and it is an affirmative defense to any action pursuant to RCW 46.20.308 to suspend, revoke, or deny the privilege to drive, if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving or being in physical control may be used as evidence that within two hours of the alleged driving or being in physical control, a person had an alcohol or THC concentration in violation of subsection (1) of this section.
(5) A violation of this section is a misdemeanor.
[ 2022 c 16 s 41; 2015 2nd sp.s. c 3 s 14; 2013 c 3 s 34 (Initiative Measure No. 502, approved November 6, 2012). Prior: 1998 c 213 s 4; 1998 c 207 s 5; 1998 c 41 s 8; 1995 c 332 s 2; 1994 c 275 s 10. Formerly RCW 46.20.309.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

catchline: Driver under twenty-one consuming alcohol or cannabis—Penalties.


title: RCW 46.61.504

text:
(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section and it is an affirmative defense to any action pursuant to RCW 46.20.308 to suspend, revoke, or deny the privilege to drive if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of cannabis after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by cannabis in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has three or more prior offenses within 15 years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.502(6).
[ 2024 c 306 s 32; 2022 c 16 s 42; 2017 c 335 s 2; 2015 2nd sp.s. c 3 s 24; 2013 c 3 s 35 (Initiative Measure No. 502, approved November 6, 2012); 2011 c 293 s 3; 2008 c 282 s 21; 2006 c 73 s 2; 1998 c 213 s 5; 1994 c 275 s 3; 1993 c 328 s 2; 1987 c 373 s 3; 1986 c 153 s 3; 1979 ex.s. c 176 s 2.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2024 c 306: See note following RCW 9.94A.661.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Criminal history and driving record: RCW 46.61.513.

catchline: Physical control of vehicle while under the influence.


title: RCW 46.61.5054

text:
(1)(a) In addition to penalties set forth in *RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a two hundred fifty dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and, subject to subsection (5) of this section, one hundred seventy-five dollars of the fee must be distributed as follows:
(a) Forty percent shall be subject to distribution under RCW ** 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(3) Twenty-five dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to reduce statewide collisions caused by persons driving under the influence of alcohol or drugs. Grants awarded under this subsection may be for projects that encourage collaboration with other community, governmental, and private organizations, and that utilize innovative approaches based on best practices or proven strategies supported by research or rigorous evaluation. Grants recipients may include, for example:
(a) DUI courts;
(b) Jurisdictions implementing the victim impact panel registries under RCW 46.61.5152 and 10.01.230; and
(c) Pilot programs in King and Spokane counties that are designed for persons with two or more prior offenses in seven years and include evidence-based assessment, enhanced intensive outpatient substance use disorder treatment, monitoring, and, when needed, priority entry into voluntary or involuntary detoxification services or residential substance use disorder treatment, if state funding is provided specifically for this purpose.
(4) Fifty dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to organizations within counties targeted for programs to reduce driving under the influence of alcohol or drugs. A minimum of three hundred thousand dollars of these grant funds shall support pilot programs in King and Spokane counties that are designed for persons with two or more prior offenses in seven years, as described in subsection (3)(c) of this section.
(5) If the court has suspended payment of part of the fee pursuant to subsection (1)(b) of this section, amounts collected shall be distributed proportionately.
(6) This section applies to any offense committed on or after July 1, 1993, and only to adult offenders.
[ 2017 c 336 s 13; 2015 c 265 s 32; 2011 c 293 s 12. Prior: 1995 c 398 s 15; 1995 c 332 s 13; 1994 c 275 s 7.]
Notes:
Reviser's note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053 were repealed by 1995 c 332 s 21, effective September 1, 1995.
**(2) RCW 3.46.120 was repealed by 2008 c 227 s 12, effective July 1, 2008.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.