title: RCW 46.61.527

text:
(1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway. For the purpose of the pilot program referenced in section 218(2), chapter 470, Laws of 2009, during the 2009-2011 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors are not present but where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on or adjacent to any public roadway pursuant to ongoing construction.
(2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices.
(3) A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades, or intentionally strikes a traffic safety or control device is guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(5) The department shall suspend for sixty days the license or permit to drive or a nonresident driving privilege of a person convicted of reckless endangerment of roadway workers.
[ 2009 c 470 s 713; 1994 c 141 s 1.]
Notes:
Effective date—2009 c 470: See note following RCW 46.68.170.
Effective date—1994 c 141: "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 shall take effect immediately [March 28, 1994]." [ 1994 c 141 s 3.]

catchline: Roadway construction zones.


doc_type: statute

jurisdiction: wa

title: RCW 46.61.530

text:
(1) It shall be unlawful for any person or persons to race any motor vehicle or motor vehicles upon any public highway of this state as defined in RCW 46.04.197, or upon any off-street facility as defined in RCW 46.04.367. Any person or persons who willfully compare or contest relative speeds by operation of one or more motor vehicles or who willfully demonstrates, exhibits, or compares speed, maneuverability, or the power of one or more motor vehicles, including "drifting," shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500 subjecting the violator to the penalties provided for under RCW 46.61.500 unless otherwise provided for in this section, whether or not such speed is in excess of the maximum speed prescribed by law: PROVIDED HOWEVER, That any comparison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing. Nothing in this section prohibits a person from being charged under other provisions of the law for other acts, results, incidents, damages, injuries, or deaths that occur as a result of, or in addition to, their participation in racing.
(2) Any person who knowingly aids and abets racing under subsection (1) of this section may be charged and prosecuted as an accomplice in accordance with RCW 46.64.048.
(3) The offenses described in this section may be deemed to have been committed either at the time and location from which the person charged initiated his or her efforts, or at the time and location where the completed traffic infraction or crime occurred regardless of whether the person charged under this section was ever actually present at the time and location of the completed traffic infraction or crime.
[ 2023 c 283 s 4; 1979 ex.s. c 136 s 87; 1961 c 12 s 46.48.050. Prior: 1937 c 189 s 67; RRS s 6360-67; 1921 c 96 s 32; 1915 c 142 s 25; RRS s 6344. Formerly RCW 46.48.050.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2023 c 283: See note following RCW 46.04.367.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in racing of vehicles: RCW 10.31.100.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Racing of vehicles on highways—Reckless driving—Exception.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.61.535

text:
It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this state when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of the provisions of this section shall be prima facie evidence of reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided.
[ 1979 ex.s. c 136 s 88; 1961 c 12 s 46.48.060. Prior: 1937 c 189 s 68; RRS s 6360-68. Formerly RCW 46.48.060.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Advertising of unlawful speed—Reckless driving.


title: RCW 46.61.540

text:
The word "drugs," as used in RCW 46.61.500 through 46.61.535, shall include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW and any chemical inhaled or ingested for its intoxicating or hallucinatory effects.
[ 2012 c 183 s 14; 1975 1st ex.s. c 287 s 5.]
Notes:
Effective date—2012 c 183: See note following RCW 9.94A.475.

catchline: "Drugs," what included.


title: RCW 46.61.560

text:
(1) Outside of incorporated cities and towns no person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway.
(2) Subsection (1) of this section and RCW 46.61.570 and 46.61.575 do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle as required by RCW 46.61.590.
(3) Subsection (1) of this section does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone approved by the state department of transportation or a county upon highways under their respective jurisdictions. However, public transportation service providers, including private, nonprofit transportation providers regulated under chapter 81.66 RCW, may allow the driver of a transit vehicle to stop upon the roadway momentarily to receive or discharge passengers at an unmarked stop zone only under the following circumstances: (a) The driver stops the vehicle in a safe and practicable position; (b) the driver activates four-way flashing lights; and (c) the driver stops at a portion of the highway with an unobstructed view, for an adequate distance so as to not create a hazard, for other drivers.
(4) Subsection (1) of this section and RCW 46.61.570 and 46.61.575 do not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge of the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in the collection of solid waste or recyclables, or both, under chapters 81.77, 35.21, and 35A.21 RCW or by contract under RCW 36.58.040.
[ 2009 c 274 s 1; 1991 c 319 s 408; 1984 c 7 s 72; 1979 ex.s. c 178 s 20; 1977 c 24 s 2; 1965 ex.s. c 155 s 64.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
Limited access highways: RCW 47.52.120.
Unattended motor vehicles: RCW 46.61.600.

catchline: Stopping, standing, or parking outside business or residence districts.


title: RCW 46.61.570

text:
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;
(vi) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
(vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway including crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto, except that a city or county may, by ordinance or resolution, allow residential property owners within their jurisdiction to park, or allow another to park, across the point of ingress or egress of the driveway entering on to the residential property, provided that the driveway is no longer than 50 feet and that such parking does not obstruct a sidewalk, another driveway, or the roadway;
(ii) Within 15 feet of a fire hydrant;
(iii) Within 20 feet of a crosswalk;
(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
(v) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; or
(vi) At any place where official signs prohibit standing.
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
(i) Within 50 feet of the nearest rail of a railroad crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner provided by law at all other places except a time limit may be imposed or parking restricted at other places but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.
[ 2025 c 137 s 1; 1977 ex.s. c 151 s 40; 1975 c 62 s 35; 1965 ex.s. c 155 s 66.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.

catchline: Stopping, standing, or parking prohibited in specified places—Reserving portion of highway prohibited.


title: RCW 46.61.575

text:
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. This subsection does not apply to the parking of motorcycles, unless a local jurisdiction prohibits angle parking as permitted under subsection (3)(a)(i) of this section and does not otherwise specify the manner in which a motorcycle must park.
(3)(a)(i) Every motorcycle stopped or parked on a one-way or two-way highway shall be so stopped or parked parallel or at an angle to the curb or edge of the highway with at least one wheel or fender within twelve inches of the curb nearest to which the motorcycle is parked or as close as practicable to the edge of the shoulder nearest to which the motorcycle is parked. A motorcycle may not be parked in such a manner that it extends into the roadway.
(ii) A county, city, or town may by ordinance prohibit the angle stopping or parking of a motorcycle as specified in (a)(i) of this subsection, but must post visible signage in a location to provide notice of the prohibition on angle stopping or parking for the prohibition to apply to that location.
(b)(i) More than one motorcycle may occupy a parking space, provided that the parked motorcycles occupying the parking space do not exceed the boundaries of that parking space.
(ii) All motor vehicle parking laws and penalties for the unlawful parking of a motor vehicle apply to each motorcycle parked in a parking space when multiple motorcycles are parked in that space to the same extent that motor vehicle parking laws apply to a single motor vehicle when it is the sole motor vehicle parked in a parking space. When proof of payment is required to be displayed by each motor vehicle parking at a location, all motorcycles must display such proof of payment, even if more than one motorcycle is parked in the same parking space. However, parking spaces that are metered by the space may not require payment multiple times for the use of a single parking space by multiple motorcycles during the same period of time.
(4) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. The angle parking of motorcycles, which is governed under subsection (3) of this section, is not subject to this determination by the secretary of transportation.
(5) The secretary with respect to highways under his or her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where the secretary has determined by order, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices.
[ 2020 c 163 s 1; 1977 ex.s. c 151 s 41; 1975 c 62 s 36; 1965 ex.s. c 155 s 67.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Additional parking regulations—Motorcycle parking.


title: RCW 46.61.577

text:
The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other parking facilities operated by the department of transportation, including time limits for the parking of vehicles.
[ 1981 c 185 s 1.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Regulations governing parking facilities.


title: RCW 46.61.581

text:
A parking space or stall for a person with a disability shall be indicated by a vertical sign with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120. The sign may include additional language such as, but not limited to, an indication of the amount of the monetary penalty defined in RCW 46.19.050 for parking in the space without a valid permit.
Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction.
[ 2010 c 161 s 1123; 2005 c 390 s 1; 1998 c 294 s 2; 1988 c 74 s 1; 1984 c 154 s 4.]
Notes:
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.
Intent—Application—Severability—1984 c 154: See notes following RCW 46.55.113.
Accessible parking spaces required: RCW 70.92.140.
Special parking for persons with disabilities—Unauthorized use: RCW 46.19.050.

catchline: Parking spaces for persons with disabilities—Indication, access—Failure, penalty.


title: RCW 46.61.582

text:
(1) Any person who meets the criteria for special parking privileges under RCW 46.19.010 must be allowed free of charge to park a vehicle being used to transport the holder of such special parking privileges for unlimited periods of time in parking zones or areas, including zones or areas with parking meters that are otherwise restricted as to the length of time parking is permitted, except zones in which parking is limited pursuant to RCW 46.19.050(5). The person must obtain and display a parking placard or special license plate under RCW 46.19.010 and 46.19.030 to be eligible for the privileges under this section.
(2) This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or that are reserved for special types of vehicles.
[ 2014 c 124 s 7; 2011 c 171 s 80; 2010 c 161 s 1124; 1991 c 339 s 25; 1984 c 154 s 5.]
Notes:
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
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.
Intent—Application—Severability—1984 c 154: See notes following RCW 46.55.113.

catchline: Free parking for persons with disabilities—Exceptions.


title: RCW 46.61.583

text:
A special license plate or card issued by another state or country that indicates an occupant of the vehicle has a disability entitles the vehicle on or in which it is displayed and being used to transport the person with disabilities to the same parking privileges granted under this chapter to a vehicle with a similar special license plate or card issued by this state.
[ 2014 c 124 s 8; 1991 c 339 s 26; 1984 c 51 s 2.]
Notes:
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.

catchline: Special plate or card issued by another jurisdiction.


title: RCW 46.61.585

text:
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless such vehicle displays, in accordance with regulations adopted by the parks and recreation commission, a special winter recreational area parking permit or permits.
[ 1990 c 49 s 4; 1975 1st ex.s. c 209 s 5.]
Notes:
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.
Winter recreational parking areas: RCW 79A.05.225 through 79A.05.255.

catchline: Winter recreational parking areas—Special permit required.


title: RCW 46.61.587

text:
Any violation of RCW 79A.05.240 or 46.61.585 or any rule adopted by the parks and recreation commission to enforce the provisions thereof is a civil infraction as provided in chapter 7.84 RCW.
[ 1999 c 249 s 501; 1984 c 258 s 329; 1977 c 57 s 1; 1975 1st ex.s. c 209 s 6.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1999 c 249: See note following RCW 79A.05.010.
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.
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.

catchline: Winter recreational parking areas—Penalty.


title: RCW 46.61.590

text:
It is unlawful for the operator of a vehicle to leave the vehicle unattended within the limits of any highway unless the operator of the vehicle arranges for the prompt removal of the vehicle.
[ 1979 ex.s. c 178 s 1.]
Notes:
Severability—1979 ex.s. c 178: "If any provision of this 1979 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 178 s 23.]
Towing and impoundment: Chapter 46.55 RCW.

catchline: Unattended motor vehicle—Removal from highway.


title: RCW 46.61.600

text:
(1) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
(2) The most recent driver of a motor vehicle which the driver has left standing unattended, who learns that the vehicle has become set in motion and has struck another vehicle or property, or has caused injury to any person, shall comply with the requirements of:
(a) RCW 46.52.010 if his or her vehicle strikes an unattended vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020 if his or her vehicle causes damage to an attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b) of this section shall be subject to the sanctions set forth in RCW 46.52.020.
[ 2010 c 8 s 9072; 1980 c 97 s 2; 1965 ex.s. c 155 s 68.]
Notes:
Effective date—1980 c 97: See note following RCW 46.52.020.

catchline: Unattended motor vehicle.


title: RCW 46.61.605

text:
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway.
[ 1965 ex.s. c 155 s 69.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Limitations on backing.


title: RCW 46.61.606

text:
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
[ 1975 c 62 s 45.]
Notes:
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Driving on sidewalk prohibited—Exception.


title: RCW 46.61.608

text:
(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. However, this subsection shall not apply when the operator of a motorcycle overtakes and passes a pedestrian or bicyclist while maintaining a safe passing distance of at least three feet.
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties.
[ 2013 c 139 s 1; 1975 c 62 s 46.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Operating motorcycles on roadways laned for traffic.


title: RCW 46.61.610

text:
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. However, the motorcycle must contain foot pegs or be equipped with an additional bucket seat and seat belt meeting standards prescribed under 49 C.F.R. Part 571 for each person such motorcycle is designed to carry.
[ 2009 c 275 s 7; 1975 c 62 s 37; 1967 c 232 s 5; 1965 ex.s. c 155 s 70.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles, motor-driven cycles, mopeds, or electric-assisted bicycles: RCW 46.37.530, 46.37.535.
Mopeds: RCW 46.16A.405, 46.61.710, 46.61.720.

catchline: Riding on motorcycles.


title: RCW 46.61.611

text:
No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than thirty inches higher than the seat or saddle for the operator.
[ 1999 c 275 s 1; 1967 c 232 s 6.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Motorcycles—Maximum height for handlebars.


title: RCW 46.61.612

text:
No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle.
[ 1967 c 232 s 7.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Riding on motorcycles—Position of feet.


title: RCW 46.61.613

text:
The provisions of RCW 46.37.530 and 46.61.610 through 46.61.612 are temporarily suspended with respect to the operation of motorcycles on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction.
[ 2011 c 332 s 1; 2010 c 8 s 9073; 1967 c 232 s 8.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Motorcycles—Temporary suspension of restrictions for parades or public demonstrations.


title: RCW 46.61.614

text:
No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle on a roadway.
[ 2010 c 8 s 9074; 1975 c 62 s 47.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Riding on motorcycles—Clinging to other vehicles.


title: RCW 46.61.615

text:
(1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle.
[ 2010 c 8 s 9075; 1965 ex.s. c 155 s 71.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Obstructions to driver's view or driving mechanism.


title: RCW 46.61.620

text:
No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.
[ 1965 ex.s. c 155 s 72.]

catchline: Opening and closing vehicle doors.


title: RCW 46.61.625

text:
(1) No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.
(2) Except as provided in subsection (3) of this section, no person or persons may occupy a vehicle while it is being towed by a tow truck as defined in RCW 46.55.010.
(3)(a) A tow truck operator may allow passengers to ride in a vehicle that is carried on the deck of a flatbed tow truck only when the following conditions are met:
(i) The number of people that need to be transported exceeds the seating capacity of the tow truck or a person needing to be transported has a disability that limits that person's ability to enter the tow truck;
(ii) All passengers in the carried vehicle and in the tow truck comply with RCW 46.61.687 and 46.61.688;
(iii) Any passenger under sixteen years of age is accompanied by an adult riding in the same vehicle; and
(iv) There is a way for the passengers in the carried vehicle to immediately communicate, either verbally, audibly, or visually, with the tow truck operator in case of an emergency.
(b) No passenger of such a carried vehicle may exit the carried vehicle, ride outside of the passenger compartment of the carried vehicle, or exhibit dangerous or distracting behaviors while in the carried vehicle.
[ 2013 c 155 s 1; 1999 c 398 s 9; 1995 c 360 s 10; 1965 ex.s. c 155 s 73.]

catchline: Riding in trailers or towed vehicles.


title: RCW 46.61.630

text:
(1) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.
(2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
[ 1965 ex.s. c 155 s 74.]

catchline: Coasting prohibited.


title: RCW 46.61.635

text:
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm.
[ 1975 c 62 s 38; 1965 ex.s. c 155 s 75.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.

catchline: Following fire apparatus prohibited.


title: RCW 46.61.640

text:
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
[ 1965 ex.s. c 155 s 76.]

catchline: Crossing fire hose.


title: RCW 46.61.645

text:
(1) Any person who drops, or permits to be dropped or thrown, upon any highway any material shall immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
[ 2003 c 337 s 5; 1965 ex.s. c 155 s 77.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—2003 c 337: See note following RCW 70A.200.060.
Lighted material, disposal of: RCW 76.04.455.
Littering: Chapter 70A.200 RCW.

catchline: Throwing materials on highway prohibited—Removal.


title: RCW 46.61.655

text:
(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.
(2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
(4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
(b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
(5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
(6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
(7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
(ii) Failure to secure a load in the first degree is a gross misdemeanor.
(b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
(ii) Failure to secure a load in the second degree is a misdemeanor.
(c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.
[ 2005 c 431 s 1; 1990 c 250 s 56; 1986 c 89 s 1; 1971 ex.s. c 307 s 22; 1965 ex.s. c 52 s 1; 1961 c 12 s 46.56.135. Prior: 1947 c 200 s 3, part; 1937 c 189 s 44, part; Rem. Supp. 1947 s 6360-44, part. Formerly RCW 46.56.135.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Littering: Chapter 70A.200 RCW.
Transporting waste to landfills: RCW 70A.200.120.

catchline: Dropping load, other materials—Covering.


title: RCW 46.61.660

text:
It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure be provided and so attached as to protect such animal from falling or being thrown therefrom. It shall be unlawful for any person to transport any persons upon the running board, fenders, hood or other outside part of any vehicle, except that this provision shall not apply to authorized emergency vehicles or to solid waste collection vehicles that are engaged in collecting solid waste or recyclables on route at speeds of twenty miles per hour or less.
[ 1997 c 190 s 1; 1961 c 12 s 46.56.070. Prior: 1937 c 189 s 115; RRS s 6360-115. Formerly RCW 46.56.070.]

catchline: Carrying persons or animals on outside part of vehicle.


title: RCW 46.61.665

text:
It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.
[ 1979 ex.s. c 136 s 89; 1961 c 12 s 46.56.100. Prior: 1937 c 189 s 117; RRS s 6360-117; 1927 c 309 s 49; RRS s 6362-49. Formerly RCW 46.56.100.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Embracing another while driving.


title: RCW 46.61.670

text:
It shall be unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all of the wheels off the roadway thereof, except as permitted by RCW 46.61.428 or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof.
[ 1977 ex.s. c 39 s 2; 1961 c 12 s 46.56.130. Prior: 1937 c 189 s 96; RRS s 6360-96. Formerly RCW 46.56.130.]

catchline: Driving with wheels off roadway.


title: RCW 46.61.672

text:
(1) A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine as provided in RCW 46.63.110(3).
(2) Subsection (1) of this section does not apply to:
(a) A driver who is using a personal electronic device to contact emergency services;
(b) The use of a system by a transit system employee for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;
(c) An individual employed as a commercial motor vehicle driver who uses a personal electronic device within the scope of such individual's employment if such use is permitted under 49 U.S.C. Sec. 31136 as it existed on July 23, 2017; and
(d) A person operating an authorized emergency vehicle.
(3) The state preempts the field of regulating the use of personal electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a personal electronic device by the operator of a motor vehicle.
(4) A second or subsequent offense under this section is subject to two times the penalty amount under RCW 46.63.110.
(5) If a person is found to have committed an infraction under this section within a crash prevention zone created under RCW 46.61.090, the base penalty amount imposed under RCW 46.63.110(3) for such an infraction must be doubled. The total penalty amount, including statutory assessments, may not be waived, reduced, or suspended. Fifty percent of the moneys collected under this subsection must be deposited into the highway safety fund for infractions committed in crash prevention zones established by the department of transportation, and may only be used for engineering and traffic investigations, creation and installation of road signs, and safety improvements in the crash prevention zone.
(6) For purposes of this section:
(a) "Driving" means to operate a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include when the vehicle has pulled over to the side of, or off of, an active roadway and has stopped in a location where it can safely remain stationary.
(b) "Personal electronic device" means any portable electronic device that is capable of wireless communication or electronic data retrieval and is not manufactured primarily for hands-free use in a motor vehicle. "Personal electronic device" includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game. "Personal electronic device" does not include two-way radio, citizens band radio, or amateur radio equipment.
(c) "Use" or "uses" means:
(i) Holding a personal electronic device in either hand or both hands;
(ii) Using your hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; however, this does not preclude the minimal use of a finger to activate, deactivate, or initiate a function of the device;
(iii) Watching video on a personal electronic device.
[ 2026 c 123 s 2; 2017 c 334 s 1.]

catchline: Using a personal electronic device while driving.


title: RCW 46.61.673

text:
(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed a base penalty of thirty dollars.
(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.
(c) For the purposes of this section, "dangerously distracted" means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.
(2) The additional monetary penalty imposed under this section must be deposited into the distracted driving prevention account created in subsection (3) of this section.
(3) The distracted driving prevention account is created in the state treasury. All receipts from the base penalty in subsection (1) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to support programs dedicated to reducing distracted driving and improving driver education on distracted driving.
[ 2017 c 334 s 3.]

catchline: Dangerously distracted driving.


title: RCW 46.61.675

text:
It shall be unlawful for the owner, or any other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner contrary to the law.
[ 1961 c 12 s 46.56.200. Prior: 1937 c 189 s 148; RRS s 6360-148. Formerly RCW 46.56.200.]

catchline: Causing or permitting vehicle to be unlawfully operated.


title: RCW 46.61.680

text:
It is unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of such passenger vehicle other than the wheels has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel the tire on which is in contact with such roadway.
Violation of the provisions of this section is a traffic infraction.
[ 1979 ex.s. c 136 s 90; 1961 c 151 s 1. Formerly RCW 46.56.220.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Lowering passenger vehicle below legal clearance—Penalty.


title: RCW 46.61.685

text:
(1) It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle.
(2) Any person violating this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator's license of such person.
[ 2003 c 53 s 246; 1990 c 250 s 57; 1961 c 151 s 2. Formerly RCW 46.56.230.]
Notes:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Leaving children unattended in parked automobile while entering tavern, etc.: RCW 9.91.060.

catchline: Leaving children unattended in standing vehicle with motor running—Penalty.


title: RCW 46.61.687

text:
(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle or medium-speed electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:
(a) A child under the age of two years must be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(b) A child who is not properly secured in a rear-facing child restraint system in accordance with (a) of this subsection and who is under the age of four years must be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(c) A child who is not properly secured in a child restraint system in accordance with (a) or (b) of this subsection and who is under four feet nine inches tall must be properly secured in a child booster seat. A child may continue to be properly secured in a child booster seat until the vehicle lap and shoulder seat belts fit properly, typically when the child is between the ages of eight and twelve years of age, as recommended by the American academy of pediatrics, or must be properly secured with the motor vehicle's safety belt properly adjusted and fastened around the child's body.
(d) The child restraint system used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child restraint system manufacturer.
(e) The child booster seat used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child booster seat manufacturer to position a child to sit properly in a federally approved safety seat belt system.
(f) The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a child restraint system must ensure that the child restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers.
(3) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.
(5) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.
(6) As used in this section:
(a) "Child booster seat" is a type of child restraint system; a backless child restraint system or a belt positioning system is a child booster seat provided it meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(b) "Child restraint system" means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(7) The requirements of subsection (1)(c) of this section do not apply in any seating position where there is only a lap belt available.
(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child restraint systems.
[ 2019 c 59 s 1; 2007 c 510 s 4. Prior: 2005 c 415 s 1; 2005 c 132 s 1; 2003 c 353 s 5; 2000 c 190 s 2; 1994 c 100 s 1; 1993 c 274 s 1; 1987 c 330 s 745; 1983 c 215 s 2.]
Notes:
Effective date—2019 c 59: "This act takes effect January 1, 2020." [ 2019 c 59 s 3.]
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2005 c 132 s 1: "Section 1 of this act takes effect June 1, 2007." [ 2005 c 132 s 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—2000 c 190: "The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board's recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature's intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles." [ 2000 c 190 s 1.]
Short title—2000 c 190: "This act may be known and cited as the Anton Skeen Act." [ 2000 c 190 s 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002." [ 2000 c 190 s 6.]
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.

catchline: Child restraint system required—Conditions—Exceptions—Penalty for violation—Dismissal—Noncompliance not negligence—Immunity.


title: RCW 46.61.6871

text:
A person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[ 2005 c 132 s 2.]

catchline: Child passenger safety technician—Immunity.


title: RCW 46.61.688

text:
(1) For the purposes of this section, "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
(b) "Medium-speed electric vehicle" meaning a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than thirty miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500;
(c) "Motorcycle," meaning a three-wheeled motor vehicle that is designed (i) so that the driver rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and (ii) to be steered with a steering wheel;
(d) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(e) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under 49 C.F.R. Sec. 571.500;
(f) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
(g) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
(2)(a) This section only applies to:
(i) Motor vehicles that meet the manual seat belt safety standards as set forth in 49 C.F.R. Sec. 571.208;
(ii) Motorcycles, when equipped with safety belts that meet the standards set forth in 49 C.F.R. Part 571; and
(iii) Neighborhood electric vehicles and medium-speed electric vehicles that meet the seat belt standards as set forth in 49 C.F.R. Sec. 571.500.
(b) This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required under 49 C.F.R. Part 571 are occupied.
(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device.
(5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
(7) This section does not apply to an operator or passenger, except for an operator or passenger operating a commercial motor vehicle as defined in RCW 46.32.005, who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.
[ 2019 c 173 s 1. Prior: 2009 c 275 s 8; 2007 c 510 s 5; 2003 c 353 s 4; 2002 c 328 s 2; (2002 c 328 s 1 expired July 1, 2002); 2000 c 190 s 3; 1990 c 250 s 58; 1986 c 152 s 1.]
Notes:
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2003 c 353: See note following RCW 46.04.320.
Expiration date—2002 c 328 s 1: "Section 1 of this act expires July 1, 2002." [ 2002 c 328 s 3.]
Effective date—2002 c 328 s 2: "Section 2 of this act takes effect July 1, 2002." [ 2002 c 328 s 4.]
Intent—Short title—Effective date—2000 c 190: See notes following RCW 46.61.687.
Study of effectiveness—1986 c 152: "The traffic safety commission shall undertake a study of the effectiveness of section 1 of this act and shall report its finding to the legislative transportation committee by January 1, 1989." [ 1986 c 152 s 3.]
Physicians—Immunity from liability regarding safety belts: RCW 4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510.

catchline: Safety belts, use required—Penalties—Exemptions.


title: RCW 46.61.6885

text:
The traffic safety commission shall conduct an educational campaign using all available methods to raise public awareness of the importance of properly restraining child passengers and the value of seat belts to adult motorists. The traffic safety commission shall report to the transportation committees of the legislature on the campaign and results observed on the highways. The first report is due December 1, 2000, and annually thereafter.
[ 2000 c 190 s 4.]
Notes:
Intent—Short title—Effective date—2000 c 190: See notes following RCW 46.61.687.

catchline: Child restraints, seat belts—Educational campaign.


title: RCW 46.61.690

text:
(1) Any person who uses a toll bridge, toll tunnel, toll road, or toll ferry, and the approaches thereto, operated by the state of Washington, the department of transportation, a political subdivision or municipal corporation empowered to operate toll facilities, or an entity operating a toll facility under a contract with the department of transportation, a political subdivision, or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and vehicular traffic that it is entering a toll facility or its approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction if:
(a) The person does not pay, refuses to pay, evades, or attempts to evade the payment of such tolls, or uses or attempts to use any spurious, counterfeit, or stolen ticket, coupon, token, or electronic device for payment of any such tolls;
(b) The person turns, or attempts to turn, the vehicle around in the bridge, tunnel, loading terminal, approach, or toll plaza where signs have been erected forbidding such turns;
(c) The person refuses to move a vehicle through the toll facility after having come within the area where signs have been erected notifying traffic that it is entering the area where toll is collectible or where vehicles may not turn around and where vehicles are required to pass through the toll facility for the purpose of collecting tolls; or
(d) The driver of the vehicle displays any vehicle license number plate or plates that have been, in any manner, changed, altered, obscured, or disfigured, or have become illegible.
(2) Subsection (1)(a) of this section does not apply to toll nonpayment detected through the use of photo toll systems under RCW 46.63.160.
[ 2010 c 249 s 9; 2004 c 231 s 1; 1983 c 247 s 1; 1979 ex.s. c 136 s 91; 1961 c 259 s 1. Formerly RCW 46.56.240.]
Notes:
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1961 c 259: "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." [ 1961 c 259 s 2.]

catchline: Violations relating to toll facilities—Exception.


title: RCW 46.61.700

text:
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
[ 1965 ex.s. c 155 s 78.]
Notes:
Reviser's note: This section was enacted just before sections about the operation of bicycles and play vehicles and was accordingly so codified in 1965. Other sections enacted later have been codified under the numbers remaining between RCW 46.61.700 and 46.61.750. The section appears in the Uniform Vehicle Code (1962) as part of the first section of Article XII—Operation of Bicycles and Play Vehicles.
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.024.

catchline: Parent or guardian shall not authorize or permit violation by a child or ward.


title: RCW 46.61.705

text:
(1) A person may operate an off-road motorcycle upon a public road, street, or highway of this state if the person:
(a) Files a motorcycle highway use declaration, as provided under RCW 46.16A.435, with the department certifying conformance with all applicable federal motor vehicle safety standards and state standards;
(b) Obtains and has in full force and effect a current and proper ORV registration or temporary ORV use permit under chapter 46.09 RCW; and
(c) Obtains a valid driver's license and motorcycle endorsement issued to Washington residents in compliance with chapter 46.20 RCW for a motorcycle.
(2) Any off-road motorcycle operated under this section must have:
(a) A head lamp meeting the requirements of RCW 46.37.523 and 46.37.524, and used in accordance with RCW 46.37.522;
(b) A tail lamp meeting the requirements of RCW 46.37.525;
(c) A stop lamp meeting the requirements of RCW 46.37.525;
(d) Reflectors meeting the requirements of RCW 46.37.525;
(e) Brakes meeting the requirements of RCW 46.37.527, 46.37.528, and 46.37.529;
(f) A mirror on both the left and right handlebar meeting the requirements of RCW 46.37.530;
(g) A windshield meeting the requirements of RCW 46.37.530, unless the driver wears glasses, goggles, or a face shield while operating the motorcycle, of a type conforming to rules adopted by the state patrol;
(h) A horn or warning device meeting the requirements of RCW 46.37.380;
(i) Tires meeting the requirements of RCW 46.37.420 and 46.37.425;
(j) Turn signals meeting the requirements of RCW 46.37.200; and
(k) Fenders adequate for minimizing the spray or splash of water, rocks, or mud from the roadway. Fenders must be as wide as the tires behind which they are mounted and extend downward at least half way to the center of the axle.
(3) Every person operating an off-road motorcycle under this section is granted all rights and is subject to all duties applicable to the driver of a motorcycle under RCW 46.37.530 and chapter 46.61 RCW.
(4) Any person who violates this section commits a traffic infraction.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are an off-road motorcycle.
[ 2011 c 121 s 2.]
Notes:
Effective date—2011 c 121: See note following RCW 46.04.363.

catchline: Off-road motorcycles.


title: RCW 46.61.708

text:
A person may operate a motorcycle, that previously had been converted to a snow bike, upon a public road, street, or highway of this state if:
(1) The person files a motorcycle highway use declaration, as provided under RCW 46.16A.460, with the department certifying conformance with all applicable federal motor vehicle safety standards and state standards while in use as a motorcycle upon public roads, streets, or highways;
(2) The person obtains a valid driver's license and motorcycle endorsement issued to Washington residents in compliance with chapter 46.20 RCW for a motorcycle; and
(3) The motorcycle conforms to all applicable federal motor vehicle safety standards and state standards.
[ 2019 c 262 s 3.]
Notes:
Effective date—2019 c 262: See note following RCW 46.16A.460.

catchline: Motorcycles previously converted as snow bikes.


title: RCW 46.61.710

text:
(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with RCW 46.16A.405(2).
(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive mobility device, or motorized foot scooter on a fully controlled limited access highway is unlawful. Operation of a personal delivery device on any part of a highway other than a sidewalk or crosswalk is unlawful, except as provided in RCW 46.61.240(2) and 46.61.250(2). Operation of a moped on a sidewalk is unlawful. Operation of a motorized foot scooter or class 3 electric-assisted bicycle on a sidewalk is unlawful, unless there is no alternative for a motorized foot scooter or a class 3 electric-assisted bicycle to travel over a sidewalk as part of a bicycle or pedestrian path, or if authorized by local ordinance, as provided in RCW 46.61.715.
(4) Removal of any muffling device or pollution control device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles.
(6) Electric-assisted bicycles and motorized foot scooters may have access to highways of the state and may be parked to the same extent as bicycles, subject to RCW 46.61.160.
(7) Subject to subsection (10) of this section, class 1 and class 2 electric-assisted bicycles and motorized foot scooters may be operated on a shared-use path or any part of a highway designated for the use of bicycles, but local jurisdictions or state agencies may restrict or otherwise limit the access of electric-assisted bicycles and motorized foot scooters, and local jurisdictions or state agencies may regulate the use of class 1 and class 2 electric-assisted bicycles and motorized foot scooters on facilities, properties, and rights-of-way under their jurisdiction and control. Local regulation of the operation of class 1 or class 2 electric-assisted bicycles, upon a shared use path designated for the use of bicycles that crosses jurisdictional boundaries of two or more local jurisdictions, must be consistent for the entire shared use path in order for the local regulation to be enforceable; however, this does not apply to local regulations of a shared use path in effect as of January 1, 2018.
(8) Class 3 electric-assisted bicycles may be operated on facilities that are within or adjacent to a highway. Class 3 electric-assisted bicycles may not be operated on a shared-use path, except where local jurisdictions may allow the use of class 3 electric-assisted bicycles. State agencies or local jurisdictions may regulate the use of class 3 electric-assisted bicycles on facilities and properties under their jurisdiction and control. Local regulation of the operation of class 3 electric-assisted bicycles, upon a shared use path designated for the use of bicycles that crosses jurisdictional boundaries of two or more local jurisdictions, must be consistent for the entire shared use path in order for the local regulation to be enforceable; however, this does not apply to local regulations of a shared use path in effect as of January 1, 2018.
(9) Except as otherwise provided in this section, an individual shall not operate an electric-assisted bicycle or motorized foot scooter on a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. A local authority or agency of this state having jurisdiction over a trail described in this subsection may allow the operation of an electric-assisted bicycle or motorized foot scooter on that trail.
(10) Subsections (1) and (4) of this section do not apply to motorized foot scooters. Subsection (2) of this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or hiking or recreational trail was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built or maintained with federal highway transportation funds may be used by persons operating motorized foot scooters only when signed to allow motorized foot scooter use.
(11) A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
(12) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation may prohibit the operation of an EPAMD on public highways within their respective jurisdictions where the speed limit is greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city engineer or designee of the municipality. Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.
[ 2019 c 214 s 19; 2019 c 170 s 3; 2018 c 60 s 5; 2011 c 171 s 81; 2009 c 275 s 9; 2003 c 353 s 10; 2002 c 247 s 7; 1997 c 328 s 5; 1979 ex.s. c 213 s 8.]
Notes:
Reviser's note: This section was amended by 2019 c 170 s 3 and by 2019 c 214 s 19, 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—2019 c 214: See note following RCW 46.75.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.

catchline: Mopeds, EPAMDs, motorized foot scooters, personal delivery devices, electric-assisted bicycles, class 1 electric-assisted bicycles, class 2 electric-assisted bicycles, class 3 electric-assisted bicycles—General requirements and operation.


title: RCW 46.61.715

text:
(1) A local authority may regulate the operation of motorized foot scooters and shared scooters within its jurisdiction which may include, but is not limited to, the following:
(a) Determining if shared scooters may be operated within the local authority's jurisdiction, and if allowed, where they may be operated;
(b) Requiring scooter share programs to pay reasonable fees and taxes;
(c) Requiring that shared scooters be staged in a manner compliant with the Americans with disabilities act, to ensure clear passage of pedestrian traffic on sidewalks; and
(d) Adopting and assessing penalties for moving or parking violations involving shared scooters to the person responsible for such violation.
(2) A contract offered by a scooter share program to a prospective scooter share contractor must make the following written disclosures to a prospective scooter share contractor:
WHILE YOU ARE LOCATING AND RETURNING SCOOTERS, PROVIDING TRANSPORT, BATTERY CHARGE, OR REPAIR SERVICES, YOU MAY BE ENGAGED IN COMMERCIAL ACTIVITY. YOUR PRIVATE PASSENGER AUTOMOBILE, HOMEOWNERS, CONDOMINIUM, OR RENTERS INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR YOU, DEPENDING ON THE TERMS OF YOUR POLICY.
(3) For the purposes of this section:
(a) "Scooter share program" means a person offering shared scooters for hire. All scooter share programs must carry the following insurance coverage:
(i) Commercial general liability insurance coverage with a limit of at least one million dollars for each occurrence and five million dollars aggregate;
(ii) Automobile liability insurance coverage with a combined single limit of at least one million dollars; and
(iii) If a local authority authorizes operation of a motorized foot scooter by persons under sixteen years of age, the local authority may require all scooter share programs offering shared scooters for hire to such persons under sixteen years of age to carry insurance coverage at greater amounts negotiated between the programs and the local authority.
(b) "Scooter share contractor" means a person other than an employee of a scooter share program retained under an independent contract to provide scooter location or transport and/or scooter battery charging or repair services to a scooter share program.
(c) "Shared scooter" means any motorized foot scooter offered for hire. All shared scooters must bear a single unique alphanumeric identification visible from a distance of five feet, which shall not be obfuscated by branding or other markings, which shall be used throughout the state, including by local authorities, to identify the shared scooter.
[ 2019 c 170 s 5.]

catchline: Motorized foot scooters and shared scooters—Local authority may regulate—Contracts offered by scooter share programs to scooter share contractors—Written disclosure.


title: RCW 46.61.720

text:
Mopeds shall comply with those federal motor vehicle safety standards established under the national traffic vehicle safety act of 1966 (15 U.S.C. Sec. 1381, et seq.) which are applicable to a motor-driven cycle, as that term is defined in such federal standards.
[ 1979 ex.s. c 213 s 9.]
Notes:
Mopeds
drivers' licenses, motorcycle endorsement, moped exemption: RCW 46.20.500.
registration: RCW 46.16A.405(2).

catchline: Mopeds—Safety standards.


title: RCW 46.61.723

text:
(1) Except as provided in subsection (3) of this section, a person may operate a medium-speed electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, if:
(a) The person does not operate a medium-speed electric vehicle upon state highways that are listed in chapter 47.17 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) The person does not operate a medium-speed electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW. The department must track medium-speed electric vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a medium-speed electric vehicle upon a highway of this state without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a medium-speed electric vehicle subject to registration under chapter 46.16A RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a medium-speed electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, or forty-five miles per hour as provided in subsection (4) of this section, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, and occurs at an intersection of approximately ninety degrees, except that the operator of a medium-speed electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of medium-speed electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with this title, except that:
(a) Local authorities may not authorize the operation of medium-speed electric vehicles on streets and highways that are part of the state highway system subject to Title 47 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) Local authorities may not prohibit the operation of medium-speed electric vehicles upon highways of this state having a speed limit of thirty-five miles per hour or less; and
(c) Local authorities may not establish requirements for the registration of medium-speed electric vehicles.
(4) In counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate a medium-speed electric vehicle upon a highway of this state having a speed limit of forty-five miles per hour or less. A person operating a medium-speed electric vehicle as authorized under this subsection must not cross a roadway with a speed limit in excess of forty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of forty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a medium-speed electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a medium-speed electric vehicle.
[ 2016 c 17 s 1; 2011 c 171 s 82; 2010 c 144 s 2; 2007 c 510 s 3.]
Notes:
Effective date—2016 c 17: "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 April 1, 2016." [ 2016 c 17 s 3.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2007 c 510: See note following RCW 46.04.320.

catchline: Medium-speed electric vehicles.


title: RCW 46.61.725

text:
(1) Absent prohibition by local authorities authorized under this section and except as prohibited elsewhere in this section, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, if:
(a) The person does not operate a neighborhood electric vehicle upon state highways that are listed in chapter 47.17 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) The person does not operate a neighborhood electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW. The department must track neighborhood electric vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a neighborhood electric vehicle upon a highway of this state without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a neighborhood electric vehicle subject to registration under chapter 46.16A RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a neighborhood electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, or forty-five miles per hour as provided in subsection (4) of this section, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of neighborhood electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:
(a) Local authorities may not authorize the operation of neighborhood electric vehicles on streets and highways that are part of the state highway system subject to the provisions of Title 47 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) Local authorities may not prohibit the operation of neighborhood electric vehicles upon highways of this state having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any requirements for the registration of neighborhood electric vehicles.
(4) In counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of forty-five miles per hour or less. A person operating a neighborhood electric vehicle as authorized under this subsection must not cross a roadway with a speed limit in excess of forty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of forty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a neighborhood electric vehicle.
[ 2016 c 17 s 2; 2011 c 171 s 83; 2010 c 144 s 3; 2003 c 353 s 3.]
Notes:
Effective date—2016 c 17: See note following RCW 46.61.723.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2003 c 353: See note following RCW 46.04.320.

catchline: Neighborhood electric vehicles.


title: RCW 46.61.730

text:
(1) No person may operate a wheelchair conveyance on any public roadway with a posted speed limit in excess of thirty-five miles per hour.
(2) No person other than a wheelchair-bound person may operate a wheelchair conveyance on a public roadway.
(3) Every wheelchair-bound person operating a wheelchair conveyance upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle by this chapter, except those provisions that by their nature can have no application.
(4) A violation of this section is a traffic infraction.
[ 1983 c 200 s 5.]
Notes:
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definitions: RCW 46.04.710.
operator's license: RCW 46.20.109.
registration: RCW 46.16A.405(3).
safety standards: RCW 46.37.610.

catchline: Wheelchair conveyances.


title: RCW 46.61.733

text:
For the purposes of this chapter, "personal delivery device" has the same meaning as in RCW 46.75.010.
[ 2019 c 214 s 8.]
Notes:
Effective date—2019 c 214: See note following RCW 46.75.010.

catchline: Personal delivery device.


title: RCW 46.61.734

text:
When sentencing a person convicted of any criminal offense under this chapter or a violation of any other provision of law that constitutes a misdemeanor, gross misdemeanor, or felony, the court may impose, as a condition of probation, a requirement regarding the installation and use of a functioning intelligent speed assistance device installed on all motor vehicles operated by the person. If the court finds that the person engaged in excessive speeding during the commission of the offense, the court shall impose the use of a functioning intelligent speed assistance device installed on all motor vehicles operated by the person for a period of not less than six months.
[ 2025 c 228 s 8.]
Notes:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.

catchline: Intelligent speed assistance device—Court shall impose use. (Effective January 1, 2029.)


title: RCW 46.61.735

text:
(1) It is a traffic infraction for a driver of a motor vehicle intending to board a Washington state ferry, to: (a) Block a residential driveway while waiting to board the ferry; or (b) move in front of another vehicle in a queue already waiting to board the ferry, without the authorization of a state ferry system employee. Vehicles qualifying for preferential loading privileges under rules adopted by the department of transportation are exempt from this section. In addition to any other penalty imposed for a violation of this section, the driver will be directed to immediately move the motor vehicle to the end of the queue of vehicles waiting to board the ferry. Violations of this section are not part of the vehicle driver's driving record under RCW 46.52.101 and 46.52.120.
(2) Subsection (1) of this section does not apply to a driver of a motor vehicle intending to board the Keller Ferry on state route No. 21.
[ 2007 c 423 s 1.]

catchline: Ferry queues—Violations—Exemptions.


title: RCW 46.61.740

text:
(1) Any person who refuses to pay or evades payment for motor vehicle fuel that is pumped into a motor vehicle is guilty of theft of motor vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) The court shall order the department to suspend the person's license, permit, or nonresident privilege to drive for a period specified by the court of up to six months.
[ 2001 c 325 s 1.]

catchline: Theft of motor vehicle fuel.


title: RCW 46.61.745

text:
(1)(a) It is a traffic infraction:
(i) For the registered owner of a motor vehicle, or the driver if the registered owner is not then present, or passengers in the vehicle, to keep cannabis in a motor vehicle when the vehicle is upon a highway, unless it is (A) in the trunk of the vehicle, (B) in some other area of the vehicle not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a trunk, or (C) in a package, container, or receptacle that has not been opened or the seal broken or contents partially removed. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers;
(ii) To consume cannabis in any manner including, but not limited to, smoking or ingesting in a motor vehicle when the vehicle is upon the public highway; or
(iii) To place cannabis in a container specifically labeled by the manufacturer of the container as containing a noncannabis substance and to then violate (a)(i) of this subsection.
(b) There is a rebuttable presumption that it is a traffic infraction if the original container of cannabis is incorrectly labeled and there is a subsequent violation of (a)(i) of this subsection.
(2) As used in this section, "cannabis" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
[ 2022 c 16 s 45; 2015 2nd sp.s. c 3 s 8.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.

catchline: Possessing or consuming cannabis in vehicle on highway—Penalty, exceptions—Definition.


title: RCW 46.61.747

text:
Subject to funds appropriated for this purpose, law enforcement agencies are encouraged to undertake a public education campaign to inform the public of the unlawful nature of illegal racing; the dangers such events pose to attendants, participants, and the general public; and the penalties violators may suffer if they participate in or promote illegal racing, including the possible impoundment and forfeiture of vehicles used to participate in illegal racing. Agencies are encouraged to use multiple strategies in their public education campaigns depending upon available funds, including posts through social media or other web-based platforms, developing and disseminating printed materials or mailings, and creating and posting signs at various locations within the agency's jurisdiction.
[ 2023 c 283 s 3.]
Notes:
Effective date—2023 c 283: See note following RCW 46.04.367.

catchline: Illegal racing—Public education campaigns.


title: RCW 46.61.748

text:
(1) A vehicle used to commit the crime of racing is subject to impoundment as provided for in chapter 46.55 RCW.
(2) If an operator has previously had a vehicle impounded due to illegal racing conduct, regardless of whether a criminal charge or a conviction resulted from that conduct, and the operator is convicted of a subsequent offense that was originally charged under RCW 46.61.500 or 46.61.530 or a comparable municipal ordinance, the vehicle operated by the operator is subject to forfeiture as follows:
(a) No property may be forfeited under this section until after the operator is convicted of the crime of racing under RCW 46.61.530 and a finding is made that the operator used the vehicle to commit such crime.
(b) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party neither had knowledge of nor consented to the commission of the offense.
(c) A vehicle subject to forfeiture under this section may be seized by any law enforcement officer of this state upon process issued by any court having jurisdiction over the property. However, seizure of the vehicle may be made without process if:
(i) The seizure is incident to an arrest or a search under a search warrant; or
(ii) The vehicle subject to seizure has been the subject of a prior judgment in favor of the seizing agency in a forfeiture proceeding based on this section; or
(iii) A law enforcement officer has probable cause to believe that the vehicle was used or is intended to be used in the commission of a felony.
(d) In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule including, but not limited to, service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15-day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(e) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within 60 days of the seizure, the item seized shall either be deemed forfeited if the operator is convicted as provided for in this section, or the vehicle shall be returned to the owner of record if the operator is not convicted as provided for in (a) of this subsection.
(f) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized property within 60 days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within 45 days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the municipal court of the municipality that operates the seizing agency, or if there is no such municipal court, the district court when the aggregate value of the property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the property involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. The seizing law enforcement agency shall promptly return the property to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.
(g) When property is forfeited under this chapter, after satisfying any court-ordered victim restitution, the seizing law enforcement agency may:
(i) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the criminal law;
(ii) Sell that which is not required to be destroyed by law and which is not harmful to the public, and use the proceeds to fund personnel, programs, services, and equipment related to the enforcement and processing of street racing violations, or to address and improve general traffic safety, within the seizing agency's jurisdiction.
[ 2023 c 283 s 5.]
Notes:
Effective date—2023 c 283: See note following RCW 46.04.367.

catchline: Racing—Impoundment.


title: RCW 46.61.750

text:
(1) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780.
(2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein.
[ 1982 c 55 s 6; 1979 ex.s. c 136 s 92; 1965 ex.s. c 155 s 79.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Bicycle awareness program: RCW 43.43.390.
"Bicycle" defined: RCW 46.04.071.

catchline: Effect of regulations—Penalty.


title: RCW 46.61.755

text:
(1) Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in RCW 46.61.750 through 46.61.780, except as provided in RCW 46.61.190, and except as to those provisions of this chapter which by their nature can have no application.
(2) Every person riding a bicycle upon a sidewalk or crosswalk must be granted all of the rights and is subject to all of the duties applicable to a pedestrian by this chapter.
[ 2020 c 66 s 4; 2000 c 85 s 3; 1965 ex.s. c 155 s 80.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2020 c 66: See note following RCW 46.61.050.

catchline: Traffic laws apply to persons riding bicycles.


title: RCW 46.61.758

text:
All hand signals required of persons operating bicycles shall be given in the following manner:
(1) Left turn. Left hand and arm extended horizontally beyond the side of the bicycle;
(2) Right turn. Left hand and arm extended upward beyond the side of the bicycle, or right hand and arm extended horizontally to the right side of the bicycle;
(3) Stop or decrease speed. Left hand and arm extended downward beyond the side of the bicycle.
The hand signals required by this section shall be given before initiation of a turn.
[ 1982 c 55 s 8.]

catchline: Hand signals.


title: RCW 46.61.760

text:
(1) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(2) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
[ 1965 ex.s. c 155 s 81.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Riding on bicycles.


title: RCW 46.61.765

text:
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
[ 2010 c 8 s 9076; 1965 ex.s. c 155 s 82.]
Notes:
Rules of court: Monetary penalty schedule—IRLJ 6.2.

catchline: Clinging to vehicles.