title: RCW 46.61.770

text:
(1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except:
(a) While preparing to make or while making turning movements at an intersection or into a private road or driveway;
(b) When approaching an intersection where right turns are permitted and there is a dedicated right turn lane, in which case a person may operate a bicycle in this lane even if the operator does not intend to turn right;
(c) While overtaking and passing another bicycle or vehicle proceeding in the same direction; and
(d) When reasonably necessary to avoid unsafe conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicyclists, pedestrians, animals, and surface hazards.
(2) A person operating a bicycle upon a roadway or highway other than a limited access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe.
(3) A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane.
(4) When the operator of a bicycle is using the travel lane of a roadway with only one lane for traffic moving in the direction of travel and it is wide enough for a bicyclist and a vehicle to travel safely side-by-side within it, the bicycle operator shall operate far enough to the right to facilitate the movement of an overtaking vehicle unless other conditions make it unsafe to do so or unless the bicyclist is preparing to make a turning movement or while making a turning movement.
(5) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
(6) This section does not apply on a shared street as defined in RCW 46.61.197.
[ 2025 c 300 s 6; 2019 c 403 s 10; 1982 c 55 s 7; 1974 ex.s. c 141 s 14; 1965 ex.s. c 155 s 83.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Use of bicycles on limited access highways: RCW 46.61.160.

catchline: Riding on roadways and bicycle paths.


doc_type: statute

jurisdiction: wa

title: RCW 46.61.775

text:
No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.
[ 1965 ex.s. c 155 s 84.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Carrying articles.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.61.780

text:
(1) Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
[ 1998 c 165 s 17; 1987 c 330 s 746; 1975 c 62 s 39; 1965 ex.s. c 155 s 85.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Lamps and other equipment on bicycles.


title: RCW 46.61.790

text:
(1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the bicycle rider is to be taken into protective custody under *RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe place; or
(b) Release the intoxicated bicycle rider to a competent person.
(2) The law enforcement officer shall not provide the assistance offered if the bicycle rider refuses to accept it. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the bicycle rider to accept this assistance.
(3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer determines that impoundment is necessary to reduce a threat to public safety, and there are no reasonable alternatives to impoundment. The bicyclist will be given a written notice of when and where the impounded bicycle may be reclaimed. The bicycle may be reclaimed by the bicycle rider when the bicycle rider no longer appears to be intoxicated, or by an individual who can establish ownership of the bicycle. The bicycle must be returned without payment of a fee. If the bicycle is not reclaimed within thirty days, it will be subject to sale or disposal consistent with agency procedures.
[ 2000 c 85 s 4.]
Notes:
*Reviser's note: RCW 70.96A.120 was repealed by 2016 sp.s. c 29 s 301, effective April 1, 2018.

catchline: Intoxicated bicyclists.


title: RCW 46.63.010

text:
It is the legislative intent in the adoption of this chapter in decriminalizing certain traffic offenses to promote the public safety and welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions.
[ 1979 ex.s. c 136 s 1.]
Notes:
Effective date—1979 ex.s. c 136: "The provisions of chapter 136, Laws of 1979 ex. sess. and this 1980 act shall take effect on January 1, 1981, and shall apply to violations of the traffic laws committed on or after January 1, 1981." [ 1980 c 128 s 9; 1979 ex.s. c 136 s 111.]
Severability—1979 ex.s. c 136: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 136 s 110.]

catchline: Legislative intent.


title: RCW 46.63.020

text:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;
(2) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(3) RCW 46.09.480 relating to operation of nonhighway vehicles;
(4) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(5) RCW 46.10.495 relating to the operation of snowmobiles;
(6) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
(7) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
(8) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
(9) RCW 46.16A.320 relating to vehicle trip permits;
(10) RCW 46.19.050(1) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
(11) RCW 46.19.050(8) relating to illegally obtaining a parking placard, special license plate, special year tab, or identification card;
(12) RCW 46.19.050(9) relating to sale of a parking placard, special license plate, special year tab, or identification card;
(13) RCW 46.20.005 relating to driving without a valid driver's license;
(14) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(15) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(16) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(17) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
(18) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
(19) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
(20) RCW 46.20.750 relating to circumventing an ignition interlock device;
(21) RCW 46.25.170 relating to commercial driver's licenses;
(22) Chapter 46.29 RCW relating to financial responsibility;
(23) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(24) RCW 46.35.030 relating to recording device information;
(25) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(26) RCW 46.37.650 relating to the manufacture, importation, sale, distribution, or installation of a counterfeit air bag, nonfunctional air bag, or previously deployed or damaged air bag;
(27) RCW 46.37.660 relating to the sale or installation of a device that causes a vehicle's diagnostic system to inaccurately indicate that the vehicle has a functional air bag when a counterfeit air bag, nonfunctional air bag, or no air bag is installed;
(28) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
(29) RCW 46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;
(30) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(31) RCW 46.48.175 relating to the transportation of dangerous articles;
(32) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(33) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(34) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
(35) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(36) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(37) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(38) RCW 46.55.300 relating to vehicle immobilization;
(39) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
(40) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(41) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(42) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(43) RCW 46.61.212(5) relating to reckless endangerment of emergency or work zone workers;
(44) RCW 46.61.500 relating to reckless driving;
(45) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
(46) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(47) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(48) RCW 46.61.522 relating to vehicular assault;
(49) RCW 46.61.5249 relating to first degree negligent driving;
(50) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(51) RCW 46.61.530 relating to racing of vehicles on highways;
(52) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
(53) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(54) RCW 46.61.740 relating to theft of motor vehicle fuel;
(55) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(56) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(57) Chapter 46.65 RCW relating to habitual traffic offenders;
(58) RCW 46.68.010 relating to false statements made to obtain a refund;
(59) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(60) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(61) RCW 46.72A.060 relating to limousine carrier insurance;
(62) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(63) RCW 46.72A.080 relating to false advertising by a limousine carrier;
(64) Chapter 46.80 RCW relating to motor vehicle wreckers;
(65) Chapter 46.82 RCW relating to driver's training schools;
(66) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(67) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW;
(68) RCW 46.61.5259 relating to negligent driving with a vulnerable user victim in the first degree.
[ 2023 c 471 s 10; 2018 c 18 s 4; 2016 c 213 s 4; 2014 c 124 s 9; 2013 2nd sp.s. c 23 s 21; 2013 c 135 s 2; 2010 c 252 s 3; 2010 c 161 s 1125; 2010 c 8 s 9077; 2009 c 485 s 6; 2008 c 282 s 11. Prior: 2005 c 431 s 2; 2005 c 323 s 3; 2005 c 183 s 10; 2004 c 95 s 14; 2003 c 33 s 4; 2001 c 325 s 4; 1999 c 86 s 6; 1998 c 294 s 3; prior: 1997 c 229 s 13; 1997 c 66 s 8; prior: 1996 c 307 s 6; 1996 c 287 s 7; 1996 c 93 s 3; 1996 c 87 s 21; 1996 c 31 s 3; prior: 1995 1st sp.s. c 16 s 1; 1995 c 332 s 16; 1995 c 256 s 25; prior: 1994 c 275 s 33; 1994 c 141 s 2; 1993 c 501 s 8; 1992 c 32 s 4; 1991 c 339 s 27; prior: 1990 c 250 s 59; 1990 c 95 s 3; prior: 1989 c 353 s 8; 1989 c 178 s 27; 1989 c 111 s 20; prior: 1987 c 388 s 11; 1987 c 247 s 6; 1987 c 244 s 55; 1987 c 181 s 2; 1986 c 186 s 3; prior: 1985 c 377 s 28; 1985 c 353 s 2; 1985 c 302 s 7; 1983 c 164 s 6; 1982 c 10 s 12; prior: 1981 c 318 s 2; 1981 c 19 s 1; 1980 c 148 s 7; 1979 ex.s. c 136 s 2.]
Notes:
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Application of consumer protection act—2016 c 213: See note following RCW 46.37.640.
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Effective date—2010 c 252: See note following RCW 46.61.212.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2010 c 8 s 9077: "Section 9077 of this act takes effect July 1, 2010." [ 2010 c 8 s 20001.]
Effective date—2009 c 485: See note following RCW 46.35.010.
Effective date—2008 c 282: See note following RCW 46.20.308.
Declaration and intent—Effective date—Application—2005 c 323: See notes following RCW 46.16A.030.
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect September 1, 1995." [ 1995 1st sp.s. c 16 s 2.]
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.
Effective date—1994 c 141: See note following RCW 46.61.527.
Effective date—1989 c 353: See RCW 46.30.901.
Effective dates—1989 c 178: See RCW 46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Effective date—1985 c 377: See RCW 46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 19 s 7.]
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Violations as traffic infractions—Exceptions.


title: RCW 46.63.030

text:
(1) A law enforcement officer has the authority to issue a notice of traffic infraction:
(a) When the infraction is committed in the officer's presence, except as provided in RCW 46.09.485;
(b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;
(c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;
(d) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.220 through 46.63.260. A trained and authorized civilian employee of a general authority Washington law enforcement agency, as defined in RCW 10.93.020, or an employee of a local public works or transportation department performing under the supervision of a qualified traffic engineer and as designated by a city or county, has the authority to review infractions detected through the use of an automated traffic safety camera under RCW 46.63.220 through 46.63.260 and to issue notices of infraction consistent with RCW 46.63.220(9). These employees must be sufficiently trained and certified in reviewing infractions and issuing notices of infraction by qualified peace officers or by traffic engineers employed in the jurisdiction's public works or transportation department. Nothing in this subsection impairs decision and effects collective bargaining rights under chapter 41.56 RCW;
(e) When the infraction is detected through the use of an automated school bus safety camera under RCW 46.63.180. A trained and authorized civilian employee of a general authority Washington law enforcement agency, as defined in RCW 10.93.020, or an employee of a local public works or transportation department performing under the supervision of a qualified traffic engineer and as designated by a city or county, has the authority to review infractions detected through the use of an automated school bus safety camera under RCW 46.63.180 and to issue notices of infraction consistent with RCW 46.63.180(1)(b). These employees must be sufficiently trained and certified in reviewing infractions and issuing notices of infraction by qualified peace officers or by traffic engineers employed in the jurisdiction's public works or transportation department. Nothing in this subsection impairs decision and effects collective bargaining rights under chapter 41.56 RCW; or
(f) When the infraction is detected through the use of a speed safety camera system under RCW 46.63.200.
(2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105. The notice must be entitled "Littering—Abandoned Vehicle" and give notice of the monetary penalty. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.
[ 2024 c 307 s 8; 2023 c 17 s 1; 2013 2nd sp.s. c 23 s 23; 2011 c 375 s 5; 2011 c 375 s 4; 2010 c 249 s 5; 2007 c 101 s 1; 2005 c 167 s 2; 2004 c 231 s 2; 2002 c 279 s 14; 1995 c 219 s 5; 1994 c 176 s 3; 1987 c 66 s 2; 1980 c 128 s 10; 1979 ex.s. c 136 s 3.]
Notes:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Contingent effective date—2011 c 375 ss 5, 7, and 9: "Sections 5, 7, and 9 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 5, 7, and 9 of this act are null and void." [ 2011 c 375 s 10.] A notice of certification was filed with the code reviser on December 2, 2011, becoming effective December 3, 2011 (see WSR 11-24-042).
Intent—2011 c 375: See note following RCW 46.63.180.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Notice of traffic infraction—Issuance—Abandoned vehicles.


title: RCW 46.63.040

text:
(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.
(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.
(4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.
(5) Any district or municipal court may refer juveniles age sixteen or seventeen who are enrolled in school to a youth court, as defined in RCW 3.72.005 or 13.40.020, for traffic infractions.
(6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560.
[ 2002 c 237 s 20; 1984 c 258 s 137; 1983 c 221 s 2; 1979 ex.s. c 136 s 6.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Jurisdiction of courts—Jurisdiction of college and university governing bodies.


title: RCW 46.63.050

text:
All judges and court commissioners adjudicating traffic infractions shall complete such training requirements as are promulgated by the supreme court.
[ 1979 ex.s. c 136 s 7.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Training of judicial officers.


title: RCW 46.63.060

text:
(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:
(a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration;
(c) A statement of the specific traffic infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the traffic infraction;
(e)(i) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(ii) One of the options must allow a person to admit responsibility for the infraction and attest that the person does not have the current ability to pay the infraction in full. The person must receive information on how to submit evidence of inability to pay, obtain a payment plan pursuant to RCW 46.63.190, and be informed that failure to pay or enter into a payment plan may result in collection action, including garnishment of wages or other assets;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; and
(h) A statement that the person must respond to the notice as provided in this chapter within 30 days or the person's driver's license or driving privilege may be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and
(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied.
[ 2021 c 240 s 1; 2013 c 170 s 1; 2011 c 233 s 1; 2006 c 270 s 2; 1993 c 501 s 9; 1984 c 224 s 2; 1982 1st ex.s. c 14 s 2; 1980 c 128 s 1; 1979 ex.s. c 136 s 8.]
Notes:
Effective date—2021 c 240: "This act takes effect January 1, 2023." [ 2021 c 240 s 16.]
Severability—Effective date—1984 c 224: See notes following RCW 46.16A.120.
Effective date—1982 1st ex.s. c 14: "This act shall take effect on July 1, 1984, and shall apply to violations of traffic laws committed on or after July 1, 1984." [ 1982 1st ex.s. c 14 s 7.]
Severability—1982 1st ex.s. c 14: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 1st ex.s. c 14 s 6.]
Effective date—1980 c 128: "Sections 1 through 8 and 10 through 16 of this act shall take effect on January 1, 1981, and shall apply to violations of the traffic laws committed on or after January 1, 1981. Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [ 1980 c 128 s 18.]
Severability—1980 c 128: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1980 c 128 s 17.]
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Notice of traffic infraction—Determination final unless contested.


title: RCW 46.63.070

text:
(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within 30 days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response, unless the person selects the option attesting that the person does not have the current ability to pay the infraction in full. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
(5)(a) Except as provided in (b), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.
(d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.
[ 2021 c 240 s 2; 2011 c 372 s 3; 2006 c 327 s 7; 2004 c 187 s 10; 2000 c 110 s 1; 1993 c 501 s 10; 1984 c 224 s 3; 1982 1st ex.s. c 14 s 3; 1980 c 128 s 2; 1979 ex.s. c 136 s 9.]
Notes:
Effective date—2021 c 240: See note following RCW 46.63.060.
Application—Effective date—2011 c 372: See notes following RCW 46.61.526.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Severability—Effective date—1984 c 224: See notes following RCW 46.16A.120.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Response to notice—Contesting determination—Hearing—Failure to respond or appear.


title: RCW 46.63.073

text:
(1) In the event a traffic infraction is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft.
Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. If appropriate under the circumstances, a renter identified under (a) of this subsection is responsible for an infraction. For the purpose of this subsection, a "traffic infraction based on a vehicle's identification" includes, but is not limited to, parking infractions, high occupancy toll lane violations, and violations recorded by automated traffic safety cameras.
(2) In the event a parking infraction is issued by a private parking facility and is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the parking facility shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the parking facility by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft.
Timely mailing of this statement to the parking facility relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. For the purpose of this subsection, a "parking infraction based on a vehicle's identification" is limited to parking infractions occurring on a private parking facility's premises.
[ 2015 c 189 s 2; 2007 c 372 s 1; 2005 c 331 s 2.]

catchline: Rental vehicles.


title: RCW 46.63.075

text:
(1) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under RCW 46.63.220 through 46.63.260, detected through the use of a speed safety camera system under RCW 46.63.200, or detected through the use of an automated school bus safety camera under RCW 46.63.180, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.220 through 46.63.260 or RCW 46.63.200 and 46.63.180, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.
[ 2024 c 307 s 10; 2023 c 17 s 2; 2012 c 83 s 6; 2011 c 375 s 7; 2011 c 375 s 6; 2010 c 249 s 7; 2005 c 167 s 3; 2004 c 231 s 3.]
Notes:
Contingent effective date—2011 c 375 ss 5, 7, and 9: See note following RCW 46.63.030.
Intent—2011 c 375: See note following RCW 46.63.180.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.

catchline: Safety camera infractions—Presumption.


title: RCW 46.63.080

text:
(1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the state, county, city, or town may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary.
[ 1981 c 19 s 2; 1979 ex.s. c 136 s 10.]
Notes:
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Hearings—Rules of procedure—Counsel.


title: RCW 46.63.090

text:
(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
(2) The court may consider the notice of traffic infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.
(3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.
(5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.
[ 1980 c 128 s 3; 1979 ex.s. c 136 s 11.]
Notes:
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Hearings—Contesting determination that infraction committed—Appeal.


title: RCW 46.63.100

text:
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.
(3) There may be no appeal from the court's determination or order.
[ 1979 ex.s. c 136 s 12.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Hearings—Explanation of mitigating circumstances.


title: RCW 46.63.105

text:
A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or agree not to file an infraction in exchange for a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit:
(1) Contribution, donation, or payment to any specific fund authorized by state statute;
(2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or
(3) Dismissal following payment that is authorized by any other statute.
[ 2007 c 367 s 2.]

catchline: City attorney, county prosecutor, or other prosecuting authority—Filing an infraction—Contribution, donation, payment.


title: RCW 46.63.110

text:
(1)(a) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed $250 for each offense unless authorized by this chapter or title.
(b) The court may waive or remit any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction unless the specific monetary obligation in question is prohibited from being waived or remitted by state law.
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is $250 for each offense; (b) RCW 46.61.210(1) is $500 for each offense. No penalty assessed under this subsection (2) may be reduced.
(3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
(4) There shall be a penalty of $25 for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed $25 for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines that a person is not able to pay a monetary obligation in full, the court shall enter into a payment plan with the person in accordance with RCW 46.63.190 and standards that may be set out in court rule.
(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
(a) A fee of $5 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
(b) A fee of $10 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the general fund; and
(c) A fee of $10 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060.
(8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 or 46.61.212 shall be assessed an additional penalty of $24. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
(b) $12.50 of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as follows: $8.50 in the state general fund and $4 in the driver licensing technology support account created under RCW 46.68.067. The moneys deposited into the driver licensing technology support account must be used to support information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
(9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the person may request a payment plan pursuant to RCW 46.63.190.
(10) The monetary penalty for violating RCW 46.37.395 is: (a) $250 for the first violation; (b) $500 for the second violation; and (c) $750 for each violation thereafter.
(11) The additional monetary penalty for a violation of RCW 46.20.500 is not subject to assessments or fees provided under this section.
(12) The additional monetary fine for a violation of RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205 is not subject to assessments or fees provided under this section.
(13) The additional monetary penalties for a violation of RCW 46.61.165 are not subject to assessments or fees provided under this section.
(14) The monetary penalty for a violation of RCW 46.63.200 is not subject to assessments or fees provided under this section.
[ 2025 c 364 s 2; 2024 c 308 s 3; 2023 c 388 s 2; 2021 c 240 s 3. Prior: 2019 c 467 s 4; 2019 c 403 s 13; 2019 c 181 s 1; 2019 c 65 s 7; 2012 c 82 s 1; 2010 c 252 s 5; 2009 c 479 s 39; prior: 2007 c 356 s 8; 2007 c 199 s 28; prior: 2005 c 413 s 2; 2005 c 320 s 2; 2005 c 288 s 8; 2003 c 380 s 2; prior: 2002 c 279 s 15; 2002 c 175 s 36; 2001 c 289 s 2; 1997 c 331 s 3; 1993 c 501 s 11; 1986 c 213 s 2; 1984 c 258 s 330; prior: 1982 1st ex.s. c 14 s 4; 1982 1st ex.s. c 12 s 1; 1982 c 10 s 13; prior: 1981 c 330 s 7; 1981 c 19 s 6; 1980 c 128 s 4; 1979 ex.s. c 136 s 13.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Finding—2025 c 364: "The legislature finds that individuals living with traumatic brain injuries face significant barriers to accessing necessary support services, community integration programs, and peer-led recovery opportunities. The legislature acknowledges that traumatic brain injuries can lead to long-term cognitive, emotional, and physical challenges, often resulting in social isolation, difficulty in maintaining employment, and limited access to rehabilitation services. Additionally, family members and caregivers of individuals with a traumatic brain injury require ongoing support and guidance to navigate the complexities of available resources. Recent trends indicate that allocations have disproportionately favored virtual education and state-affiliated programs, leaving direct peer-to-peer groups and community-based support underfunded. The disappearance of many in-person support groups, due to financial constraints, has severely limited opportunities for individuals with a traumatic brain injury to connect, build essential life skills, and engage in meaningful recovery-focused activities.
The legislature recognizes the urgent need to rebalance funding priorities to ensure that in-person support groups and community integration programs are adequately supported." [ 2025 c 364 s 1.]
Findings—Intent—2023 c 388: "The Washington auto theft prevention authority account was created in 2007 to provide dedicated funding from traffic infraction collections to support programs designed to prevent and prosecute motor vehicle theft. The legislature finds that over the years, funding from the account has been diverted to other nonauto theft uses such as department of corrections' operations and youth gang prevention programs. The legislature further finds that revenues from traffic infractions have decreased as more drivers access diversion and deferral programs designed to assist people with retaining their licenses. Fund diversions and decreasing traffic infraction revenue threaten the viability of motor vehicle theft prevention programs at a time when the number of motor vehicle thefts have increased 88 percent between the year 2021 and 2022. In order to provide more secure funding to combat and prevent motor vehicle theft, the legislature intends each fiscal year to deposit into the Washington auto theft prevention authority account $7,000,000 of insurance premium tax collections that would otherwise be deposited to the general fund and to have this deposit grow by inflation. The legislature further intends for moneys collected from the traffic infraction surcharge in RCW 46.63.110(7)(b) to be deposited into the state general fund." [ 2023 c 388 s 1.]
Effective date—2023 c 388: "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 July 1, 2023." [ 2023 c 388 s 5.]
Effective date—2021 c 240: See note following RCW 46.63.060.
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Effective date—Contingency—2012 c 82: "Except for section 4 of this act, this act takes effect June 1, 2013. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the transportation appropriations act, this act is null and void." [ 2012 c 82 s 6.] Funding was provided in the transportation appropriations act (section 208(15), chapter 86, Laws of 2012).
Effective date—2010 c 252: See note following RCW 46.61.212.
Effective date—2009 c 479: See note following RCW 2.56.030.
Short title—2007 c 356: See note following RCW 74.31.005.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2005 c 288: See note following RCW 46.20.245.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Additional statutory assessments: RCW 3.62.090, 46.64.055.

catchline: Monetary penalties.


title: RCW 46.63.120

text:
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.
[ 2002 c 175 s 37; 1979 ex.s. c 136 s 14.]
Notes:
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Order of court—Civil nature—Waiver, reduction, suspension of penalty—Community restitution.


title: RCW 46.63.130

text:
Notwithstanding any other provisions of law governing service of process in civil cases, a court of limited jurisdiction having jurisdiction over an alleged traffic infraction may issue process anywhere within the state.
[ 1980 c 128 s 5.]
Notes:
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.

catchline: Issue of process by court of limited jurisdiction.


title: RCW 46.63.140

text:
(1) In any traffic infraction case involving a violation of this title or equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of traffic infraction was stopping, standing, or parking in violation of any such provision of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.
(2) The foregoing stated presumption shall apply only when the procedure prescribed in RCW 46.63.030(3) has been followed.
[ 1980 c 128 s 11.]
Notes:
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.

catchline: Presumption regarding stopped, standing, or parked vehicles.


title: RCW 46.63.151

text:
Each party to a traffic infraction case is responsible for costs incurred by that party. No costs or attorney fees may be awarded to either party in a traffic infraction case, except as provided for in RCW 46.30.020(2).
[ 1991 sp.s. c 25 s 3; 1981 c 19 s 4.]
Notes:
Severability—1981 c 19: See note following RCW 46.63.020.

catchline: Costs and attorney fees.


title: RCW 46.63.160

text:
(1) This section applies only to civil penalties for nonpayment of tolls detected through use of photo toll systems.
(2) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
(3) A notice of civil penalty may be issued by the department of transportation when a toll is assessed through use of a photo toll system and the toll is not paid by the toll payment due date, which is 80 days from the date the vehicle uses the toll facility and incurs the toll charge.
(4) Any registered owner or renter of a vehicle traveling upon a toll facility operated under chapter 47.56 or 47.46 RCW is subject to a civil penalty governed by the administrative procedures set forth in this section when the vehicle incurs a toll charge and the toll is not paid by the toll payment due date, which is 80 days from the date the vehicle uses the toll facility and incurs the toll charge.
(5)(a) The department shall develop rules to allow an individual who has been issued a notice of civil penalty to present evidence of mitigating circumstances as to why a toll bill was not timely paid. If an individual is able to present verifiable evidence to the department that a civil penalty was incurred due to hospitalization, military deployment, eviction, homelessness, death of the alleged violator or of an alleged violator's immediate family member, failure to receive the toll bill due to an incorrect email or physical address that has since been corrected, a prepaid electronic toll account error that has since been corrected, an error made by the department or an agent of the department, or other mitigating circumstances as determined by the department, the department may dismiss or reduce the civil penalty and associated fees.
(b)(i) Consistent with chapter 34.05 RCW, the department of transportation shall develop an administrative adjudication process to review appeals of civil penalties issued by the department of transportation for toll nonpayment detected through the use of a photo toll system under this section. The department of transportation shall submit to the transportation committees of the legislature an annual report on the number of times adjudicators reduce or dismiss the civil penalty as provided in (b)(ii) of this subsection and the total amount of the civil penalties dismissed. The report must be submitted by December 1st of each year.
(ii) During the adjudication process, the alleged violator must have an opportunity to explain mitigating circumstances as to why the toll bill was not timely paid. Hospitalization, a divorce decree or legal separation agreement resulting in a transfer of the vehicle, an active duty member of the military or national guard covered by the federal service members civil relief act, 50 U.S.C. Sec. 501 et seq., or state service members' civil relief act, chapter 38.42 RCW, eviction, homelessness, the death of the alleged violator or of an immediate family member, being switched to a different method of toll payment, if the alleged violator did not receive a toll charge bill or notice of civil penalty, or other mitigating circumstances as determined by the adjudicator are deemed valid mitigating circumstances. All of the reasons that constitute mitigating circumstances must have occurred within a reasonable time of the alleged toll violation. In response to these circumstances, the adjudicator may reduce or dismiss the civil penalty and associated administrative fees.
(6) The use of a photo toll system is subject to the following requirements:
(a) Photo toll systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only.
(b) A notice of civil penalty must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo toll system, stating the facts supporting the notice of civil penalty. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding established under subsection (5) of this section. The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the toll nonpayment civil penalty must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the civil penalty.
(c)(i) By June 30, 2016, prior to issuing a notice of civil penalty to a registered owner of a vehicle listed on an active prepaid electronic toll account, the department of transportation must:
(A) Send an email notice to the email address provided in the prepaid electronic toll account of unpaid pay-by-mail toll bills at least 10 days prior to a notice of civil penalty being issued for the associated pay-by-mail toll. The notice must be separate from any regular notice sent by the department; and
(B) Call the phone numbers provided in the account to provide notice of unpaid pay-by-mail toll bills at least 10 days prior to a notice of civil penalty being issued for the associated pay-by-mail toll.
(ii) The department is relieved of its obligation to provide notice as required by this section if the customer has declined to receive communications from the department through such methods.
(d) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, other recorded images, or other records identifying a specific instance of travel prepared under this section are for the exclusive use of the tolling agency for toll collection and enforcement purposes and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a civil penalty under this section. No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under this section. Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies.
(e) All locations where a photo toll system is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where tolls are assessed and enforced by a photo toll system.
(f) Within existing resources, the department of transportation shall conduct education and outreach efforts at least six months prior to activating an all-electronic photo toll system. Methods of outreach shall include a department presence at community meetings in the vicinity of a toll facility, signage, and information published in local media. Information provided shall include notice of when all electronic photo tolling shall begin and methods of payment. Additionally, the department shall provide quarterly reporting on education and outreach efforts and other data related to the issuance of civil penalties.
(g) The envelope or electronic message containing a toll charge bill or related notice issued pursuant to RCW 47.46.105 or 47.56.795, or a notice of civil penalty issued under this section, must prominently indicate that the contents are time sensitive and related to a toll violation.
(7) Civil penalties for toll nonpayment detected through the use of photo toll systems must be issued to the registered owner of the vehicle identified by the photo toll system, but are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120.
(8) The civil penalty for toll nonpayment detected through the use of a photo toll system is $40 plus the photo toll and associated fees.
(9) Except as provided otherwise in this subsection, all civil penalties, including the photo toll and associated fees, collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed. However, through June 30, 2013, civil penalties deposited into the Tacoma Narrows toll bridge account created under RCW 47.56.165 that are in excess of amounts necessary to support the toll adjudication process applicable to toll collection on the Tacoma Narrows bridge must first be allocated toward repayment of operating loans and reserve payments provided to the account from the motor vehicle fund under section 1005(15), chapter 518, Laws of 2007. Additionally, all civil penalties, resulting from nonpayment of tolls on the state route number 520 corridor, shall be deposited into the state route number 520 civil penalties account created under section 4, chapter 248, Laws of 2010 but only if chapter 248, Laws of 2010 is enacted by June 30, 2010.
(10) If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a toll bill is issued, provide a written notice to the rental car business that a toll bill may be issued to the rental car business if the rental car business does not, within 30 days of the mailing of the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the toll was assessed; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the toll was assessed because the vehicle was stolen at the time the toll was assessed. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing agency relieves a rental car business of any liability under this section for the payment of the toll.
(11) It is the intent of the legislature that the department provide an educational opportunity when vehicle owners incur fees and penalties associated with late payment of tolls for the first time. As part of this educational opportunity, the department may waive penalties and fees if the issue that resulted in the toll not being timely paid has been resolved and the vehicle owner establishes an electronic toll account, if practicable. To aid in collecting tolls in a timely manner, the department may waive or reduce the outstanding amounts of fees and penalties assessed when tolls are not timely paid.
(12)(a) By June 30, 2016, the department of transportation must update its website, and accommodate access to the website from mobile platforms, to allow toll customers to efficiently manage all their tolling accounts, regardless of method of payment.
(b)(i) By June 30, 2016, the department of transportation must make available to the public a point of access that allows a third party to develop an application for mobile technologies that (A) securely accesses a user's toll account information and (B) allows the user to manage his or her toll account to the same extent possible through the department's website.
(ii) If the department determines that it would be cost-effective and in the best interests of the citizens of Washington, it may also develop an application for mobile technologies that allows toll customers to manage all of their tolling accounts from a mobile platform.
(13) When acquiring a new photo toll system, the department of transportation must enable the new system to:
(a) Connect with the department of licensing's vehicle record system so that a prepaid electronic toll account can be updated automatically when a toll customer's vehicle record is updated, if the customer has consented to such updates; and
(b) Document when any toll is assessed for a vehicle listed in a prepaid electronic toll account in the monthly statement that is made available to the electronic toll account holder regardless of whether the method of payment for the toll is via pay-by-mail or prepaid electronic toll account.
(14) Consistent with chapter 34.05 RCW, the department of transportation shall develop rules to implement this section.
(15) For the purposes of this section:
(a) "Photo toll system" means the system defined in RCW 47.56.010 and 47.46.020.
(b) "Prepaid electronic toll account" means a prepaid toll account linked to a pass or license plate number, including "Good to Go!".
(16) If a customer's toll charge or civil penalty is waived pursuant to this section due to an error made by the department, or an agent of the department, in reading the customer's license plate, the secretary of transportation must send a letter to the customer apologizing for the error.
[ 2026 c 255 s 1001; 2015 c 292 s 1; 2013 c 226 s 1; 2011 c 367 s 705; 2010 c 249 s 6; (2010 c 161 s 1126 repealed by 2012 c 83 s 8); 2009 c 272 s 1. Prior: 2007 c 372 s 2; 2007 c 101 s 2; 2004 c 231 s 6.]
Notes:
Intent—2026 c 255: See note following RCW 82.08.020.
Contingent effective date—2011 c 367 ss 705 and 722: "Sections 705 and 722 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 705 and 722 of this act are null and void." [ 2011 c 367 s 1104.] A notice of certification was filed with the code reviser on December 2, 2011, becoming effective December 3, 2011 (see WSR 11-24-042).
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Report to legislature—2009 c 272: "The department shall report to the transportation committees of the legislature by December 1, 2009, with recommendations regarding implementing a time period for the payment of tolls after crossing the Tacoma Narrows bridge in which individuals without a transponder could pay the toll due prior to the issuance of an infraction." [ 2009 c 272 s 2.]

catchline: Photo toll systems—Civil penalties for nonpayment of tolls, mitigating circumstances—System requirements—Rules—Definitions.


title: RCW 46.63.180

text:
(1) School districts may install and operate automated school bus safety cameras on school buses to be used for the detection of violations of RCW 46.61.370(1) if the use of the cameras is approved by a vote of the school district board of directors. School districts are not required to take school buses out of service if the buses are not equipped with automated school bus safety cameras or functional automated safety cameras. Further, school districts shall be held harmless from and not liable for any criminal or civil liability arising under the provisions of this section.
(a) Automated school bus safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.
(b) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (2)(a)(i) of this section. The notice of infraction must also include a certificate or facsimile of the notice, based upon inspection of photographs, microphotographs, or electronic images produced by an automated school bus safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated school bus safety camera may respond to the notice by mail.
(c) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (2) of this section. If appropriate under the circumstances, a renter identified under subsection (2)(a)(i) of this section is responsible for an infraction.
(d) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(e), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.
(e) If a school district installs and operates an automated school bus safety camera under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. Further, any repair, replacement, or administrative work costs related to installing or repairing automated school bus safety cameras must be solely paid for by the manufacturer or vendor of the cameras. Before entering into a contract with the manufacturer or vendor of the equipment used under this subsection (1)(e), the school district must follow the competitive bid process as outlined in RCW 28A.335.190(1).
(f) Any revenue collected from infractions detected through the use of automated school bus safety cameras, less the administration and operating costs of the cameras, must be remitted to school districts for school zone safety projects as determined by the school district using the automated school bus safety cameras. The administration and operating costs of the cameras includes infraction enforcement and processing costs that are incurred by local law enforcement or local courts. During the 2013-2015 fiscal biennium, the infraction revenue may also be used for school bus safety projects by those school districts eligible to apply for funding from the school zone safety account appropriation in section 201, chapter 306, Laws of 2013.
(2)(a) If the registered owner of the vehicle is a rental car business, the issuing agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
(i) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;
(ii) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection (2)(a)(ii) must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(iii) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
(b) Timely mailing of a statement under this subsection to the issuing agency relieves a rental car business of any liability under this chapter for the notice of infraction.
(3) For purposes of this section, "automated school bus safety camera" means a device that is affixed to a school bus that is synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a vehicle at the time the vehicle is detected for an infraction identified in RCW 46.61.370(1).
[ 2024 c 307 s 9; 2013 c 306 s 716; 2011 c 375 s 2.]
Notes:
Effective date—2013 c 306: See note following RCW 47.64.170.
Intent—2011 c 375: "The legislature recognizes that the safe transportation of children to and from school is a shared responsibility of the school district and the driving public. In order to increase public awareness of their responsibility, it is the intent of the legislature that the state superintendent of public instruction coordinate with school districts and any other relevant agencies who voluntarily choose to participate in a national stop arm violation day annually between March 1st and May 15th." [ 2011 c 375 s 1.]

catchline: Automated school bus safety cameras—Definition.


title: RCW 46.63.190

text:
(1)(a) A person may request a payment plan at any time for the payment of any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction. If the person does not have the ability to pay the monetary obligation in full, the person has not previously been granted a payment plan for the same monetary obligation, and the court has not authorized its collections agency to take civil legal enforcement action, the court shall enter into a payment plan with the individual. Where the court has authorized its collections agency to take civil legal enforcement action, the court may, at its discretion, enter into a payment plan.
(b) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
(2) The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
(3) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation for civil enforcement until all monetary obligations have been paid and court authorized community restitution has been completed, or until the court has entered into a new payment plan or community restitution agreement with the person.
(4)(a) If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full, no sooner than 90 days from the date of the infraction the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation to a collections agency until all monetary obligations have been paid or until the person has entered into a payment plan under this section.
(b) If a person responded to a traffic infraction for a moving violation attesting that the person did not have the ability to pay the infraction in full, the court must attempt to enter into a payment plan with the person prior to referring the monetary obligation to a collections agency.
(5) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed $10 per infraction or $25 per payment plan, whichever is less.
(6) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
(7) The court may modify a payment plan at any time.
(8) The court may require a person who fails to make payment as required under a payment plan to appear and provide evidence of ability to pay.
(9) For the purposes of this section, "payment plan" means a plan that requires reasonable payments based on the financial ability of the person to pay as determined by court rule.
[ 2021 c 240 s 4.]
Notes:
Effective date—2021 c 240: See note following RCW 46.63.060.


title: RCW 46.63.200

text:
(1) This section applies to the use of speed safety camera systems in state highway work zones.
(2) Nothing in this section prohibits a law enforcement officer from issuing a notice of infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
(3)(a) The department of transportation is responsible for all actions related to the operation and administration of speed safety camera systems in state highway work zones including, but not limited to, the procurement and administration of contracts necessary for the implementation of speed safety camera systems, the mailing of notices of infraction, and the development and maintenance of a public-facing website for the purpose of educating the traveling public about the use of speed safety camera systems in state highway work zones. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the department of transportation, in consultation with the Washington state patrol, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
(b) The Washington state patrol is responsible for all actions related to the enforcement and adjudication of speed violations under this section including, but not limited to, notice of infraction verification and issuance authorization, and determining which types of emergency vehicles are exempt from being issued notices of infraction under this section. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the Washington state patrol, in consultation with the department of transportation, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
(c) When establishing rules under this subsection (3), the department of transportation and the Washington state patrol may also consult with other public and private agencies that have an interest in the use of speed safety camera systems in state highway work zones.
(4)(a) No person may drive a vehicle in a state highway work zone at a speed greater than that allowed by traffic control devices.
(b) A notice of infraction may only be issued under this section if a speed safety camera system captures a speed violation in a state highway work zone when workers are present.
(5) The penalty for a speed safety camera system violation is: (a) $125 for the first violation; and (b) $248 for the second violation, and for each violation thereafter.
(6) During the 30-day period after the first speed safety camera system is put in place, the department is required to conduct a public awareness campaign to inform the public of the use of speed safety camera systems in state highway work zones.
(7)(a) A notice of infraction issued under this section may be mailed to the registered owner of the vehicle within 30 days of the violation, or to the renter of a vehicle within 30 days of establishing the renter's name and address. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by a speed safety camera stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the violation.
(b) A notice of infraction represents a determination that an infraction has been committed, and the determination will be final unless contested as provided under this section.
(c) A person receiving a notice of infraction based on evidence detected by a speed safety camera system must, within 30 days of receiving the notice of infraction: (i) Remit payment in the amount of the penalty assessed for the violation; (ii) contest the determination that the infraction occurred by following the instructions on the notice of infraction; or (iii) admit to the infraction but request a hearing to explain mitigating circumstances surrounding the infraction.
(d) If a person fails to respond to a notice of infraction, a final order shall be entered finding that the person committed the infraction and assessing monetary penalties required under subsection (5) of this section.
(e) If a person contests the determination that the infraction occurred or requests a mitigation hearing, the notice of infraction shall be referred to the office of administrative hearings for adjudication consistent with chapter 34.05 RCW.
(f) At a hearing to contest an infraction, the agency issuing the infraction has the burden of proving, by a preponderance of the evidence, that the infraction was committed.
(g) A person may request a payment plan at any time for the payment of any penalty or other monetary obligation associated with an infraction under this section. The agency issuing the infraction shall provide information about how to submit evidence of inability to pay, how to obtain a payment plan, and that failure to pay or enter into a payment plan may result in collection action or nonrenewal of the vehicle registration. The office of administrative hearings may authorize a payment plan if it determines that a person is not able to pay the monetary obligation, and it may modify a payment plan at any time.
(8)(a) Speed safety camera systems may only take photographs, microphotographs, or electronic images of the vehicle and vehicle license plate and only while a speed violation is occurring. The photograph, microphotograph, or electronic image must not reveal the face of the driver or any passengers in the vehicle. The department of transportation shall consider installing speed safety camera systems in a manner that minimizes the impact of camera flash on drivers.
(b) The registered owner of a vehicle is responsible for a traffic infraction under RCW 46.63.030 unless the registered owner overcomes the presumption in RCW 46.63.075 or, in the case of a rental car business, satisfies the conditions under (f) of this subsection. If appropriate under the circumstances, a renter identified under (f)(i) of this subsection is responsible for the traffic infraction.
(c) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of the Washington state patrol and department of transportation in the discharge of duties under this section and are not open to the public and may not be used in court in a pending action or proceeding unless the action or proceeding relates to a speed violation under this section. This data may be used in administrative appeal proceedings relative to a violation under this section.
(d) All locations where speed safety camera systems are used must be clearly marked before activation of the camera system by placing signs in locations that clearly indicate to a driver that they are entering a state highway work zone where posted speed limits are monitored by a speed safety camera system. Additionally, where feasible and constructive, radar speed feedback signs will be placed in advance of the speed safety camera system to assist drivers in complying with posted speed limits. Signs placed in these locations must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW.
(e) Imposition of a penalty for a speed violation detected through the use of speed safety camera systems shall not be deemed a conviction as defined in RCW 46.25.010, and shall not be part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of speed safety camera systems under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 46.16A.120 and 46.20.270(2).
(f) If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a notice of infraction may be issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 30 days of receiving the written notice, provide to the issuing agency by return mail:
(i)(A) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the speed violation occurred;
(B) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the speed violation occurred because the vehicle was stolen at the time of the violation. A statement provided under this subsection (8)(f)(i)(B) must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(C) In lieu of identifying the vehicle operator, payment of the applicable penalty.
(ii) Timely mailing of a statement to the department of transportation relieves a rental car business of any liability under this chapter for the notice of infraction.
(9) Revenue generated from the deployment of speed safety camera systems must be deposited into the highway safety fund and first used exclusively for the operating and administrative costs under this section. The operation of speed safety camera systems is intended to increase safety in state highway work zones by changing driver behavior. Any revenue generated that exceeds the operating and administrative costs under this section must be transferred to the driver education safety improvement account created in RCW 46.68.540 as designated in the omnibus transportation appropriations act.
(10) The Washington state patrol and department of transportation, in collaboration with the Washington traffic safety commission, must report to the transportation committees of the legislature by July 1, 2025, and biennially thereafter, on the data and efficacy of speed safety camera system use in state highway work zones. The final report due on July 1, 2029, must include a recommendation on whether or not to continue such speed safety camera system use beyond June 30, 2030.
(11) For the purposes of this section:
(a) "Speed safety camera system" means employing the use of speed measuring devices and cameras synchronized to automatically record one or more sequenced photographs, microphotographs, or other electronic images of a motor vehicle that exceeds a posted state highway work zone speed limit as detected by the speed measuring devices.
(b) "State highway work zone" means an area of any highway with construction, maintenance, utility work, or incident response activities authorized by the department of transportation. A state highway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. It extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle.
(12) This section expires June 30, 2030.
[ 2025 c 417 s 304; 2025 c 299 s 19; 2024 c 308 s 4; 2023 c 17 s 3.]
Notes:
Reviser's note: This section was amended by 2025 c 299 s 19 and by 2025 c 417 s 304, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 417 ss 304 and 1201-1224: "Sections 304 and 1201 through 1224 of this act take effect July 1, 2026." [ 2025 c 417 s 1409.]
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.

catchline: Speed safety camera systems—State highway work zones—Department of transportation—Washington state patrol—Notice of infraction—Revenue—Report. (Expires June 30, 2030.)


title: RCW 46.63.210

text:
The definitions in this section apply throughout this section and RCW 46.63.220 through 46.63.260 unless the context clearly requires otherwise.
(1) "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the front or rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. "Automated traffic safety camera" also includes a device used to detect stopping at intersection or crosswalk violations; stopping when traffic obstructed violations; public transportation only lane violations; stopping or traveling in restricted lane violations; and public transportation bus stop zone violations and public transportation only lane violations detected by a public transportation vehicle-mounted system.
(2) "Crash prevention zone" means an area created and designated under RCW 46.61.090.
(3) "Hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of the hospital property (a) consistent with hospital use; and (b) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020.
(4) "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of the public park property (a) consistent with active park use; and (b) where signs are posted to indicate the location is within a public park speed zone.
(5) "Public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes. "Transit authority" has the same meaning as provided in RCW 9.91.025.
(6) "Roadway work zone" means an area of any city roadway, including state highways that are also classified as city streets under chapter 47.24 RCW, or county road as defined in RCW 46.04.150, with construction, maintenance, or utility work with a duration of 30 calendar days or more. A roadway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. A roadway work zone extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle.
(7) "School speed zone" has the same meaning as described in RCW 46.61.440 (1) and (2).
(8) "School walk zone" means a roadway identified under RCW 28A.160.160 or roadways within a one-mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation.
[ 2026 c 123 s 4; 2025 c 417 s 905; 2024 c 307 s 1.]
Notes:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Definitions.