title: RCW 47.46.100

text:
(1) Consistent with the process described in RCW 47.56.877, the commission shall fix the rates of toll and other charges for all toll bridges built under this chapter that are financed primarily by bonds issued by the state. Subject to RCW 47.46.090, the commission may impose and modify toll charges from time to time as conditions warrant. However, except for publicly or privately owned or operated school buses, the commission may not exempt publicly or privately owned or operated transit buses, vans, and ride share vehicles, and must modify tolling provisions accordingly by October 1, 2025.
(2) In establishing toll charges, the commission shall give due consideration to any required costs for operating and maintaining the toll bridge or toll bridges, including the cost of insurance, and to any amount required by law to meet the redemption of bonds and interest payments on them.
(3) The toll charges must be imposed in amounts sufficient to:
(a) Provide annual revenue sufficient to provide for annual operating and maintenance expenses, except as provided in RCW 47.56.245;
(b) Make payments required under RCW 47.56.165 and 47.46.140, including insurance costs and the payment of principal and interest on bonds issued for any particular toll bridge or toll bridges; and
(c) Repay the motor vehicle fund under RCW 47.46.110, 47.56.165, and 47.46.140.
(4) The bond principal and interest payments, including repayment of the motor vehicle fund for amounts transferred from that fund to provide for such principal and interest payments, constitute a first direct and exclusive charge and lien on all tolls and other revenues from the toll bridge concerned, subject to operating and maintenance expenses.
[ 2025 c 417 s 501; 2025 c 293 s 7; 2002 c 114 s 7.]
Notes:
Reviser's note: This section was amended by 2025 c 293 s 7 and by 2025 c 417 s 501, 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).
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Intent—Effective date—2025 c 293: See notes following RCW 34.05.030.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Tolls—Setting—Lien on.


doc_type: statute

jurisdiction: wa

title: RCW 47.46.105

text:
(1) A toll collection system may include, but is not limited to, electronic toll collection and photo tolling.
(2)(a) A photo toll system may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only.
(b) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, other recorded images, or other records identifying a specific instance of travel prepared under this chapter are for the exclusive use of the tolling agency for toll collection and enforcement purposes and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a civil penalty under RCW 46.63.160. No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under RCW 46.63.160. Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies.
(3) The department and its agents shall only use electronic toll collection system technology for toll collection purposes.
(4) Tolls may be collected and paid by the following methods:
(a) A customer may pay an electronic toll through an electronic toll collection account;
(b) A customer who does not have an electronic toll collection account may pay a photo toll either through a customer-initiated payment or in response to a toll bill; or
(c) A customer who does not have an electronic toll collection account may pay with cash on toll facilities that have a manual cash collection system.
(5) To the extent practicable, the department shall adopt electronic toll collection options, which allow for anonymous customer accounts and anonymous accounts that are not linked to a specific vehicle.
(6) The transportation commission shall, consistent with the process described in RCW 47.56.877, assess administrative fees as appropriate for toll collection processes. Administrative fees must not exceed toll collection costs. All administrative fees collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed.
(7) Failure to pay a photo toll by the toll payment due date is a violation for which a notice of civil penalty may be issued under RCW 46.63.160.
[ 2025 c 293 s 8; 2010 c 249 s 4; 2004 c 230 s 2.]
Notes:
Findings—Intent—Effective date—2025 c 293: See notes following RCW 34.05.030.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Tolls—Electronic toll collection and photo toll systems—Administrative fees—Violation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 47.46.110

text:
(1) The commission shall retain toll charges on any existing and future facilities constructed under this chapter and financed primarily by bonds issued by the state until:
(a) All costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund have been fully repaid, except as provided in subsection (2)(b) of this section;
(b) Obligations incurred in constructing that facility have been fully paid;
(c) The motor vehicle fund is fully repaid under RCW 47.46.140; and
(d) The accounts from which moneys are provided to reduce the debt service according to RCW 47.46.190(5) are fully repaid.
(2) This section does not:
(a) Prohibit the use of toll revenues to fund maintenance, operations, or management of facilities constructed under this chapter except as prohibited by RCW 47.56.245;
(b) Require repayment of funds specifically appropriated as a nonreimbursable state financial contribution to a project.
(3) Notwithstanding the provisions of subsection (2)(a) of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:
(a) The facility must be operated as a toll-free facility; and
(b) The operation, maintenance, upkeep, and repair of the facility must be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington.
[ 2018 c 195 s 3; 2002 c 114 s 8.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Tolls—Term, use.


title: RCW 47.46.120

text:
Pursuant to RCW 43.135.055, the legislature authorizes the transportation commission to increase bridge tolls in excess of the fiscal growth factor.
[ 2002 c 114 s 9.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Toll increases in excess of fiscal growth factor.


title: RCW 47.46.130

text:
Proceeds of the sale of bonds issued by the state for projects constructed under this chapter must be deposited in the state treasury to the credit of a special account designated for those purposes. Those proceeds must be expended only for the purposes enumerated in this chapter, for payment of the expense incurred in the issuance and sale of any such bonds, and to repay the motor vehicle fund for any sums advanced to pay the cost of surveys, location, design, development, right-of-way, and other activities related to the financing and construction of the bridge and its approaches.
[ 2002 c 114 s 10.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Use of state bond proceeds.


title: RCW 47.46.140

text:
Toll charges must be used to repay the motor vehicle fund consistent with RCW 47.56.165 for any amounts transferred from the motor vehicle fund to the highway bond retirement fund under RCW 47.10.847 to provide for bond retirement and interest on bonds issued for the Tacoma Narrows public-private initiative project. Toll charges must remain on any facility financed by bonds issued by the state for a length of time necessary to repay the motor vehicle fund for any amounts expended from that fund for the design, development, right-of-way, financing, construction, maintenance, repair, or operation of the toll facility or for amounts transferred from the motor vehicle fund to the highway bond retirement fund under RCW 47.10.847 to provide for bond retirement and interest on bonds issued for the Tacoma Narrows public-private initiative project. Funds specifically appropriated as a nonreimbursable state financial contribution to the project do not require repayment.
[ 2002 c 114 s 12.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Repayment of motor vehicle fund from toll charges.


title: RCW 47.46.150

text:
If a proposal is or has been selected for the design, development, construction, maintenance, or operation of transportation systems or facilities under this chapter, subsequent agreements may be made to implement portions of the proposal that modify the proposal or that do not incorporate all the features of the proposal. Any such modified agreement does not require the solicitation or consideration of additional proposals for all or any portion of the services rendered under that modified agreement. Modified agreements may provide for the reimbursement of expenses and fees incurred under earlier agreements.
[ 2002 c 114 s 13.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Alteration not a new proposal.


title: RCW 47.46.160

text:
All projects designed, constructed, and operated under this chapter must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, *RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
[ 2002 c 114 s 14.]
Notes:
*Reviser's note: RCW 41.06.380 was repealed by 2002 c 354 s 403, effective July 1, 2005.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Applicable rules and statutes.


title: RCW 47.46.170

text:
RCW 47.46.040 and 47.46.050 apply only to those agreements that include private sources of financing in whole or in part.
[ 2002 c 114 s 15.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Application of RCW 47.46.040 and 47.46.050.


title: RCW 47.46.180

text:
A legislative oversight committee is established to monitor and report on the progress, execution, and efficiency of design-build contracts issued under this chapter. The legislative oversight committee will be comprised of one legislator from each caucus of each chamber of the legislature. The leadership of each caucus shall appoint one member from his or her respective caucus to serve on the legislative oversight committee authorized by this section.
[ 2002 c 114 s 25.]
Notes:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.

catchline: Legislative oversight committee.


title: RCW 47.46.190

text:
(1) The legislature finds funding of the Tacoma Narrows bridge facility to be distinct from other Washington state tolling facilities due to its increasing debt service costs, which is the primary driver of the facility's escalating costs. Washington state has since recommended and established financing structures with steadier levels of debt service payments for subsequent tolled transportation facilities, supporting better management of the state's debt burden and a lower financial burden for toll ratepayers.
(2) The Tacoma Narrows bridge facility debt service structure resulted, in part, from a decision by the legislature to fund construction of the bridge without drawing from state tax dollars. As a result, toll revenue was committed to fund 99 percent of bridge construction costs, as well as the associated interest payments and other associated debt service costs. This is not the standard more recently utilized by the legislature, as is the case of the state route 520 bridge's construction, 72 percent of which is to be paid for with toll revenues. In light of the maximum burden for bridge construction that was placed on Tacoma Narrows bridge toll ratepayers, there is no equitable reason that the burden of future debt service payment increases should be borne by these same toll ratepayers.
(3) The legislature established the Tacoma Narrows bridge work group in 2017 and tasked it with identifying opportunities for long-term toll payer relief from increasing toll rates on the Tacoma Narrows bridge. The work group recommended a request of up to $125,000,000 in state funding from the legislature to offset future debt service payment increases, allocated across the remaining years of tolling at levels that result in maintaining toll rates at fiscal year 2018 levels.
(4) Due to the findings aforementioned, an alternative is put forward by the legislature. State contribution loans for each fiscal biennium are to be made through the life of the debt service plan of up to a total of $85,000,000, and will be repaid in annual amounts beginning after the debt service and deferred sales tax are fully repaid. It is the intent of the legislature that the commission will adjust tolls accordingly, in consideration of annual contributions from nontoll sources and the costs required to be covered under RCW 47.46.100, until such time as the debt service and deferred sales tax obligation is fully met according to the repayment schedule in place as of June 7, 2018, and until any state contribution loans are fully repaid.
(5) To offset part of the toll rate increases that would otherwise be necessary to meet increases in future debt service payments, it is the intent of the legislature that the state treasurer make state contribution loan transfers to the Tacoma Narrows toll bridge account created in RCW 47.56.165 on the first day of each fiscal biennium, beginning in the 2019-2021 fiscal biennium, through the life of the debt service plan. It is the intent of the legislature that the state treasurer make state contribution loan transfers in amounts necessary to ensure debt service payments are made in full after toll revenue from the Tacoma Narrows bridge toll facility is applied to the debt payment amounts and other required costs.
(6) This section does not create a private right of action.
[ 2022 c 223 s 2; 2018 c 195 s 1.]

catchline: Tacoma Narrows bridge facility funding—Intent—State contribution loans—Private right of action not created.


title: RCW 47.46.200

text:
(1) Through 2031, the commission shall submit to the transportation committees of the legislature on an annual basis a report that includes sufficient information to enable the legislature to determine an adequate amount of contribution from nontoll sources required for each fiscal biennium to maintain the debt service plan repayment schedule in place as of June 7, 2018. The report must be submitted by January 5th of each year.
(2) Beginning in 2031, and until such time as the state contribution loans described in RCW 47.46.190(4) are repaid, the commission shall submit to the transportation committees of the legislature on an annual basis a report that includes information detailing the annual expected toll revenue to be used for repayment of the state contribution loans. The report must be submitted by January 5th of each year.
(3) This section does not create a private right of action.
[ 2022 c 223 s 3; 2018 c 195 s 2.]

catchline: Reports—Determination of contribution amount from nontoll sources—Maintenance of debt service plan repayment schedule—Annual expected toll revenue information to be used for repayment of state contribution loans—Private right of action not created.


title: RCW 47.46.900

text:
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 July 1, 1993.
[ 1993 c 370 s 7.]

catchline: Effective date—1993 c 370.


title: RCW 47.47.010

text:
(1) The legislature finds that a full set of project procurement, contracting, financing, and funding tools are needed to enable the delivery of transportation projects in a manner most advantageous to the public. Current public-private partnership laws have failed to spur innovative proposals from the private sector or new project delivery approaches from the department of transportation.
(2) The legislature confirms the findings from previous studies that current laws and administrative processes are the primary obstacle impairing the state's ability to utilize public-private partnerships. The legislature finds that a new public-private partnership law is needed to:
(a) Transparently demonstrate and deliver better value for the public including, but not limited to, expedited project delivery and more effective management of project life-cycle costs;
(b) Provide an additional option for delivering complex transportation projects, including addressing a shortage of truck parking;
(c) Incorporate private sector expertise and innovation into transportation project delivery;
(d) Allocate project risks to the parties best able to manage those risks;
(e) Allow new sources of private capital;
(f) Increase access to federal funding and financing mechanisms;
(g) Better align private sector incentives with public priorities; and
(h) Provide consistency in the review and approval processes for the full range of project delivery tools and contracting methods.
[ 2025 c 417 s 1201.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Findings.


title: RCW 47.47.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the transportation commission.
(2) "Department" means the department of transportation.
(3) "Eligible transportation project" means any project that is not a rail project and meets the criteria to be evaluated for delivery in RCW 47.47.060, whether capital or operating, where the state's purpose for the project is to preserve or facilitate the safe transport of people or goods via any mode of travel.
(4) "Private sector partner" and "private partner" means a person, entity, or organization that is not the federal government, a state, or a political subdivision of a state.
(5) "Public funds" means all moneys derived from taxes, fees, charges, tolls, or other levies of money from the public.
(6) "Public sector partner" and "public partner" means any federal or state unit of government, bistate transportation organization, or any other political subdivision of any state.
(7) "State finance committee" means the entity created in chapter 43.33 RCW.
(8) "Unit of government" means any department or agency of the federal government, any state or agency, office, or department of a state, any city, county, district, commission, authority, entity, port, or other public corporation organized and existing under statutory law or under a voter-approved charter or initiative, and any intergovernmental entity created under chapter 39.34 RCW or this chapter.
[ 2025 c 417 s 1202.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Definitions.


title: RCW 47.47.030

text:
(1) The department shall develop policies and, where appropriate, adopt rules to carry out this chapter and govern the use of public-private partnerships for transportation projects. At a minimum, the department's policies and rules must address the following issues:
(a) The types of projects allowed;
(b) Consistent with RCW 47.47.090, a process and methodology for determining whether a public-private partnership delivery model will be in the public's interest;
(c) Consistent with RCW 47.47.140, a process and methodology for determining whether a negotiated partnership agreement will result in greater public value to the state than if the project is delivered using other procurement and contracting methods;
(d) The types of contracts allowed, with consideration given to the best practices available;
(e) Minimum standards and criteria required of all proposals;
(f) Procedures for the proper identification, solicitation, acceptance, review, and evaluation of projects, consistent with existing project procurement and contracting requirements and practices;
(g) Criteria to be considered in the evaluation and selection of proposals that includes:
(i) Comparison with the department's internal ability to complete the project that documents the advantages of completing the project as a partnership versus solely as a public venture; and
(ii) Factors such as, but not limited to: Priority, life-cycle cost, risk sharing, scheduling, innovation, and management conditions;
(h) The protection of confidential proprietary information while still meeting the need for transparency and public disclosure that is consistent with RCW 47.47.150;
(i) Protection for local contractors to participate in subcontracting opportunities that is consistent with RCW 47.47.040(3);
(j) Specifying that maintenance issues must be resolved in a manner consistent with chapter 41.80 RCW;
(k) Guidelines to address security and performance issues.
(2) During its rule-making activities, the department must consult with the department's office of equity and civil rights.
(3) By September 1, 2026, the department must provide a report to the house of representatives and senate transportation committees on proposed policies and guidelines it intends to develop into administrative rules. Rules adopted by the department pursuant to this chapter may not take effect before January 1, 2027.
[ 2025 c 417 s 1203.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Department powers and duties.


title: RCW 47.47.040

text:
(1) For any eligible transportation project that requires the imposition of tolls on a state facility, the legislature must approve the imposition of such tolls consistent with RCW 47.56.820.
(2) For any eligible transportation project that requires setting or adjusting toll rates on a state facility, the commission has sole responsibility consistent with RCW 47.56.850.
(3)(a) If federal funds are provided for an eligible transportation project developed under this chapter, disadvantaged business enterprise inclusion requirements, as established, monitored, and administered by the department's office of equity and civil rights, apply.
(b) If no federal funds are provided for an eligible transportation project developed under this chapter, state laws, rates, and rules must govern, including the public works small business certification program pursuant to RCW 39.19.030(7) as monitored and administered by the department's office of equity and civil rights.
[ 2025 c 417 s 1204.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Applicability of other transportation project governing provisions.


title: RCW 47.47.050

text:
All other transportation and public works project procurement and contracting governing provisions and procedures that do not conflict with this chapter, including responsible bidder and apprenticeship requirements under chapter 39.04 RCW and prevailing wage requirements under chapter 39.12 RCW, apply to the entire eligible transportation project.
[ 2025 c 417 s 1205.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Application of public works provisions.


title: RCW 47.47.060

text:
Any eligible transportation project with an estimated cost to the state of less than $500,000,000, or any project on a United States route that is not an interstate route and includes replacement of a seismically vulnerable elevated structure at least one and one-half miles long that crosses a river, may be evaluated for delivery under a public-private partnership model as prescribed under this chapter.
[ 2025 c 417 s 1206.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Project cost threshold for evaluation.


title: RCW 47.47.070

text:
(1) Subject to the limitations in this section, the department may, in connection with the evaluation of eligible transportation projects, consider any financing mechanisms from any lawful source, either integrated as part of a project proposal or as a separate, stand-alone proposal to finance a project. Financing may be considered for all or part of a proposed project. A project may be financed in whole or in part with:
(a) The proceeds of grant anticipation revenue bonds authorized under 23 U.S.C. Sec. 122 and applicable state law. Legislative authorization and appropriation are required to use this source of financing;
(b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available under the transportation infrastructure finance and innovation act under 23 U.S.C. Sec. 181 et seq., or any other applicable federal law, subject to legislative authorization and appropriation as required;
(c) Infrastructure loans or assistance from the state infrastructure bank established under RCW 82.44.195, subject to legislative authorization and appropriation as required;
(d) Federal, state, or local revenues, subject to appropriation by the applicable legislative authority;
(e) User fees, tolls, fares, lease proceeds, rents, gross or net receipts from sales, proceeds from the sale of development rights, franchise fees, or any other lawful form of consideration. However, projects financed by tolls must first be authorized by the legislature under RCW 47.56.820;
(f) Loans, pledges, or contributions of funds, including equity investments, from private entities;
(g) Revenue bonds, subject to legislative authorization and appropriation as required.
(2) Subject to subsection (4) of this section, the department may develop a plan of finance that would require either the state or a private partner, or both, to: Issue debt, equity, or other securities or obligations; enter into contracts, leases, concessions, and grant and loan agreements; or secure any financing with a pledge of funds to be appropriated by the legislature or with a lien or exchange of real property.
(3) As security for the payment of any financing, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state, unless specifically authorized by the legislature. Any financing described in this section may be structured on a senior, parity, or subordinate basis to any other financing.
(4) The department shall not execute any agreement with respect to an eligible transportation project, including any agreement that could materially impact the state's debt capacity or credit rating as determined by the state finance committee, without prior review and approval of the plan of finance and proposed financing terms by the state finance committee.
[ 2025 c 417 s 1207.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Eligible financing.


title: RCW 47.47.080

text:
(1) The department may accept from the United States or any of its agencies such funds as are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the funds are made available by grant, loan, or other financing arrangement. The department may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper, and convenient for carrying out the purposes of this chapter, subject to subsection (2) of this section.
(2)(a) The department may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the state of Washington, the department, or a local government for carrying out the purposes of this chapter.
(b) Any eligible transportation project may be financed in whole or in part by contribution of any funds or property made by any private entity or public sector partner that is a party to any agreement entered into under this chapter.
[ 2025 c 417 s 1208.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Use of federal funds or other sources.


title: RCW 47.47.090

text:
(1) The department may evaluate eligible transportation projects that are already programmed for other delivery methods to determine their appropriateness for delivery under a public-private partnership model.
(2) Before entering into a formal solicitation or procurement to develop a project as a public-private partnership, the department must make formal findings that utilizing a public-private partnership delivery method is in the public's interest. The department must adopt rules detailing the process and criteria for making such findings. At a minimum, the criteria must consider whether:
(a) Public ownership of the asset can be retained;
(b) Transparency during the consideration of a public-private partnership agreement can be provided;
(c) Public oversight of the private entity's management of the asset can be provided; and
(d) Additional criteria that reflects the legislative findings in RCW 47.47.010.
(3) Before commencing any solicitation to deliver the project as a public-private partnership, the department must provide an opportunity for public comment on the proposed project and delivery method.
(4) Upon a finding of public interest pursuant to subsection (2) of this section, the department must provide written notification of their finding of public interest and intent to deliver the project as a public-private partnership to the general public, to the chairs and ranking members of the transportation committees of the legislature, and to the governor.
(5) Upon a finding of public interest pursuant to subsection (2) of this section, the department may:
(a) Solicit concepts or proposals for the identified public-private partnership project from private entities and units of government;
(b) Evaluate the concepts or proposals received under this section. The evaluation under this subsection must include consultation with any appropriate unit of government; and
(c) Select potential projects based on the concepts or proposals.
[ 2025 c 417 s 1209.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Public interest finding.


title: RCW 47.47.100

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department may spend such moneys as may be necessary for stipends for respondents to a solicitation, the evaluation of concepts or proposals for eligible transportation projects, and for negotiating agreements for eligible transportation projects authorized under this chapter. Expenses incurred by the department under this section before the issuance of transportation project bonds or other financing must be paid by the department and charged to the appropriate project. The department must keep records and accounts showing each charged amount.
(2) Unless otherwise provided in the omnibus transportation appropriations act, the funds spent by the department under this section in connection with the project must be repaid from the proceeds of the bonds or other financing upon the sale of transportation project bonds or upon obtaining other financing for an eligible transportation project, as allowed by law or contract.
[ 2025 c 417 s 1210.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Use of funds for proposal purposes.


title: RCW 47.47.110

text:
The department may consult with legal, financial, technical, and other experts in the public and private sector in the evaluation, negotiation, and development of projects under this chapter.
[ 2025 c 417 s 1211.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Expert consultation.


title: RCW 47.47.120

text:
In the absence of any direct federal funding or direction, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies and engineering and technical studies.
[ 2025 c 417 s 1212.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Contracted studies.


title: RCW 47.47.130

text:
(1) The following provisions must be included in any transportation project agreement entered into under the authority of this chapter and to which the state is a party:
(a) For any project that proposes terms for stand-alone maintenance or asset management services for a public facility, those services must be provided in a manner consistent with any collective bargaining agreements, chapter 41.80 RCW, and civil service laws that are in effect for the public facility;
(b) A finding of public interest, as issued by the department pursuant to RCW 47.47.090;
(c) If there is a tolling component to the project, it must be specified that the tolling technology used in the project must be consistent with tolling technology standards adopted by the department for transportation-related projects;
(d) Provisions for bonding, financial guarantees, deposits, or the posting of other security to secure the payment of laborers, subcontractors, and suppliers who perform work or provide materials as part of the project;
(e) All projects must be financed in a manner consistent with RCW 47.47.070.
(2) At a minimum, agreements between the state and private sector partners entered into under this section must specifically include the following contractual elements:
(a) The point in the project at which public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;
(b) How the partners will share management of the risks of the project;
(c) The compensation method and amount for the private partner, establishing a maximum rate of return, and identifying how project revenue, if any, in excess of the maximum rate of return will be distributed;
(d) How the partners will share the costs of development of the project;
(e) How the partners will allocate financial responsibility for cost overruns;
(f) The penalties for nonperformance;
(g) The incentives for performance;
(h) The accounting and auditing standards to be used to evaluate work on the project;
(i) For any project that reverts to public ownership, the responsibility for reconstruction or renovations that are required for a facility to meet all service standards and state of good repair upon reversion of the facility to the state;
(j) Provisions and remedies for default by either party, and provisions for termination of the agreement for or without cause;
(k) Provisions for public communication and participation with respect to the development of the project.
[ 2025 c 417 s 1213.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Partnership agreements.


title: RCW 47.47.140

text:
Before executing an agreement under RCW 47.47.130, the department must make a formal finding that the negotiated partnership agreement is expected to result in best value for the public, and the agreement must be approved through duly enacted legislation. The department must develop and adopt a process and criteria for measuring, determining, and transparently reporting best value relevant to the proposed project. At minimum, the criteria must include:
(1) A comparison of the total cost to deliver the project, including any operations and maintenance costs, as a public-private partnership compared to traditional or other alternative delivery methods available to the department;
(2) A comparison with the department's current plan, resources, delivery capacity, and schedule to complete the project that documents the advantages of completing the project as a public-private partnership versus solely as a public venture; and
(3) Factors such as, but not limited to: Priority, cost, risk sharing, scheduling, asset and service quality, innovation, and management conditions.
[ 2025 c 417 s 1214.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Best value finding and agreement execution.


title: RCW 47.47.150

text:
A proposer must identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets and provide any justification as to why these materials, upon request, should not be disclosed by the department. Patent information will be covered until the patent expires. Other information, such as originality of design or records of negotiation, is protected under this section only until an agreement under RCW 47.47.140 is reached. Eligible transportation projects under federal jurisdiction or using federal funds must conform to federal regulations under the freedom of information act.
[ 2025 c 417 s 1215.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Confidentiality.


title: RCW 47.47.160

text:
The state may, either separately or in combination with any other public sector partner, enter into working agreements, coordination agreements, or similar implementation agreements, including the formation of bistate transportation organizations, to carry out the joint implementation and operation of an eligible transportation project selected under this chapter. The state may enter into agreements with other units of government or Canadian provinces for transborder transportation projects.
[ 2025 c 417 s 1216.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Government agreements.


title: RCW 47.47.170

text:
The state may exercise the power of eminent domain to acquire property, easements, or other rights or interests in property for projects that are necessary to implement an eligible transportation project developed under this chapter. Any property acquired pursuant to this section must be owned in fee simple by the state.
[ 2025 c 417 s 1217.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Eminent domain.


title: RCW 47.47.180

text:
Applicable federal laws, rules, and regulations govern in any situation that involves federal funds if the federal laws, rules, or regulations:
(1) Conflict with any provision of this chapter;
(2) Require procedures that are additional to or inconsistent with those provided in this chapter; or
(3) Require contract provisions not authorized in this chapter.
[ 2025 c 417 s 1218.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Federal laws, rules, and regulations.


title: RCW 47.47.190

text:
(1) The public-private partnerships account is created in the custody of the state treasurer.
(2) The following moneys must be deposited into the account:
(a) Proceeds from bonds or other financing instruments;
(b) Revenues received from any transportation project developed under this chapter or developed under the general powers granted to the department; and
(c) Any other moneys that are by donation, grant, contract, law, or other means transferred, allocated, or appropriated to the account.
(3) Expenditures from the account may be used only for the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, preservation, management, repair, or operation of any eligible transportation project under this chapter.
(4) The state treasurer may establish separate subaccounts within the public-private partnerships account for each transportation project that is initiated under this chapter or under the general powers granted to the department. The state may pledge moneys in the public-private partnerships account to secure revenue bonds or any other debt obligations relating to the project for which the account is established.
(5) Only the secretary or the secretary's designee may authorize distributions from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2025 c 417 s 1219.]
Notes:
Effective date—2025 c 417 ss 304 and 1201-1224: See note following RCW 46.63.200.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Public-private partnerships account.


title: RCW 47.48.010

text:
Whenever the condition of any state highway, county road, or city street, either newly or previously constructed, altered, repaired, or improved, or any part thereof is such that for any reason its unrestricted use or continued use by vehicles or by any class of vehicles will greatly damage that state highway, county road, or city street, or will be dangerous to traffic, or it is being constructed, altered, repaired, improved, or maintained in such a manner as to require that use of the state highway, county road, or city street, or any portion thereof be closed or restricted as to all vehicles or any class of vehicles for any period of time, the secretary, if it is a state highway, the county legislative authority, if it is a county road, or the governing body of any city or town, if it is a city street, is authorized to close the state highway, county road, or city street, as the case may be, to travel by all vehicles or by any class of vehicles, or may declare a lower maximum speed for any class of vehicles, for such a definite period as it shall determine. Nothing in the law of this state prevents the secretary, county legislative authority, or governing body of any city or town from classifying vehicles according to gross weight, axle weight, height, width, length, braking area, performance, vehicle combinations, or tire equipment for the purposes of this section, or from restricting the use of any portion of any state highway, county road, or city street, as the case may be, to its use by an urban public transportation system.
[ 1984 c 7 s 238; 1977 ex.s. c 216 s 1; 1967 c 108 s 9; 1961 c 13 s 47.48.010. Prior: 1937 c 53 s 65; RRS s 6400-65; prior: 1929 c 214 s 1; 1927 c 232 s 1; 1921 c 21 s 1; RRS s 6839.]
Notes:
Restrictions on public highways to prevent damage: RCW 46.44.080.
Urban public transportation system defined: RCW 47.04.082.

catchline: Closure or restriction authorized—Restriction for urban public transportation system use.


title: RCW 47.48.020

text:
Before any state highway, county road, or city street is closed to, or the maximum speed limit thereon reduced for, all vehicles or any class of vehicles, a notice thereof including the effective date shall be published in one issue of a newspaper of general circulation in the county or city or town in which such state highway, county road, or city street or any portion thereof to be closed is located; and a like notice shall be posted on or prior to the date of publication of such notice in a conspicuous place at each end of the state highway, county road, or city street or portion thereof to be closed or restricted: PROVIDED, That no such state highway, county road, or city street or portion thereof may be closed sooner than three days after the publication and the posting of the notice herein provided for: PROVIDED, HOWEVER, That in cases of emergency or conditions in which the maximum time the closure will be in effect is twelve hours or less the proper officers may, without publication or delay, close state highways, county roads, and city streets temporarily by posting notices at each end of the closed portion thereof and at all intersecting state highways if the closing be of a portion of a state highway, at all intersecting state highways and county roads if the closing be a portion of a county road, and at all intersecting city streets if the closing be of a city street. In all emergency cases or conditions in which the maximum time the closure will be in effect is twelve hours or less, as herein provided, the orders of the proper authorities shall be immediately effective.
[ 1982 c 145 s 5; 1977 ex.s. c 216 s 2; 1961 c 13 s 47.48.020. Prior: 1937 c 53 s 66, part; RRS s 6400-66, part; prior: 1921 c 21 s 2, part; RRS s 6840, part. Formerly RCW 47.48.020 and 47.48.030.]

catchline: Notice of closure or restriction—Emergency closure.


title: RCW 47.48.031

text:
(1) Whenever the chief or another officer of the state patrol determines on the basis of a traffic investigation that an emergency exists or less than safe road conditions exist due to human-caused or natural disasters or extreme weather conditions upon any state highway, or any part thereof, state patrol officers may determine and declare closures and temporarily reroute traffic from any such affected highway.
(2) Any alteration of vehicular traffic on any state highway due to closure in emergency conditions is effective until such alteration has been approved or altered by the secretary of transportation or other department of transportation authorities in their local respective jurisdictions.
(3) All state highway closures by officers of the state patrol shall be immediately reported to the secretary of transportation and to other authorities in their local jurisdictions.
[ 1981 c 197 s 1.]

catchline: Emergency closures by state patrol.


title: RCW 47.48.040

text:
Except as provided under RCW 47.48.060, when any state highway, county road, or city street or portion thereof shall have been closed, or when the maximum speed limit thereon shall have been reduced, for all vehicles or any class of vehicles, as by law provided, any person, firm, or corporation disregarding such closing or reduced speed limit shall be guilty of a misdemeanor, and shall in addition to any penalty for violation of the provisions of this section, be liable in any civil action instituted in the name of the state of Washington or the county or city or town having jurisdiction for any damages occasioned to such state highway, county road, or city street, as the case may be, as the result of disregarding such closing or reduced speed limit.
[ 2007 c 252 s 3; 1977 ex.s. c 216 s 3; 1961 c 13 s 47.48.040. Prior: 1937 c 53 s 67; RRS s 6400-67; prior: 1921 c 21 s 3; RRS s 6841.]

catchline: Penalty.


title: RCW 47.48.050

text:
The chief or other officer of the Washington state patrol may prohibit the transportation of placarded radioactive or hazardous cargo over the highways of the state, or a portion thereof, if weather or other conditions create a substantial risk to public safety. For the purposes of this section hazardous cargo shall mean hazardous materials as defined in RCW 70.136.020(1). Violation of an order issued under this section constitutes a misdemeanor.
[ 1983 c 205 s 1.]
Notes:
Regulations on notice of prohibition on radioactive or hazardous cargo: RCW 47.01.270.

catchline: Transportation of radioactive or hazardous cargo—Definition—Violation, penalty.


title: RCW 47.48.060

text:
(1) Each county sheriff may, until a model policy pursuant to RCW 36.28A.140 is developed and implemented in the sheriff's county, establish and maintain a registry of persons authorized to access their land during a forest [fire] or wildfire. Upon request, the sheriff must include in the registry persons who demonstrate ownership of agriculture land or forestland within the county and who possess equipment that may be used for fire prevention or suppression activities. Persons included in the registry must be allowed to access their property to conduct fire prevention or suppression activities despite the closure of any state highway, county road, or city street under this chapter.
(2)(a) Residents, landowners, and others in lawful possession and control of land in the state are not liable for unintentional injuries or loss suffered by persons entering upon, or passing through, their land pursuant to this section.
(b) Federal, state, and local agencies, and their employees, are not liable for any action, or failure to act, when facilitating the access described in this section.
[ 2007 c 252 s 2.]

catchline: Registry of persons allowed access to property to conduct fire prevention despite closures—Liability.


title: RCW 47.50.010

text:
(1) The legislature finds that:
(a) Regulation of access to the state highway system is necessary in order to protect the public health, safety, and welfare, to preserve the functional integrity of the state highway system, and to promote the safe and efficient movement of people and goods within the state;
(b) The development of an access management program, in accordance with this chapter, which coordinates land use planning decisions by local governments and investments in the state highway system, will serve to control the proliferation of connections and other access approaches to and from the state highway system. Without such a program, the health, safety, and welfare of the residents of this state are at risk, due to the fact that uncontrolled access to the state highway system is a significant contributing factor to the congestion and functional deterioration of the system; and
(c) The development of an access management program in accordance with this chapter will enhance the development of an effective transportation system and increase the traffic-carrying capacity of the state highway system and thereby reduce the incidences of traffic accidents, personal injury, and property damage or loss; mitigate environmental degradation; promote sound economic growth and the growth management goals of the state; reduce highway maintenance costs and the necessity for costly traffic operations measures; lengthen the effective life of transportation facilities in the state, thus preserving the public investment in such facilities; and shorten response time for emergency vehicles.
(2) In furtherance of these findings, all state highways are hereby declared to be controlled access facilities as defined in RCW 47.50.020, except those highways that are defined as limited access facilities in chapter 47.52 RCW.
(3) It is the policy of the legislature that:
(a) The access rights of an owner of property abutting the state highway system are subordinate to the public's right and interest in a safe and efficient highway system; and
(b) Every owner of property which abuts a state highway has a right to reasonable access to that highway, unless such access has been acquired pursuant to chapter 47.52 RCW, but may not have the right of a particular means of access. The right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access can be provided to another public road which abuts the property.
(4) The legislature declares that it is the purpose of this chapter to provide a coordinated planning process for the permitting of access points on the state highway system to effectuate the findings and policies under this section.
(5) Nothing in this chapter shall affect the right to full compensation under section 16, Article I of the state Constitution.
[ 1991 c 202 s 1.]
Notes:
Captions not law—1991 c 202: "Section captions and part headings as used in this act do not constitute any part of the law." [ 1991 c 202 s 22.]
Effective date—1991 c 202: "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 July 1, 1991." [ 1991 c 202 s 24.]
Severability—1991 c 202: "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." [ 1991 c 202 s 25.]

catchline: Findings—Access.


title: RCW 47.50.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Controlled access facility" means a transportation facility to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to or from such facility at such points only and in such manner as may be determined by the governmental entity.
(2) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system.
(3) "Permitting authority" means the department for connections in unincorporated areas or a city or town within incorporated areas which are authorized to regulate access to state highways pursuant to chapter 47.24 RCW.
[ 1991 c 202 s 2.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Definitions—Access.


title: RCW 47.50.030

text:
(1) Vehicular access and connections to or from the state highway system shall be regulated by the permitting authority in accordance with the provisions of this chapter in order to protect the public health, safety, and welfare.
(2) The department shall by July 1, 1992, adopt administrative procedures pursuant to chapter 34.05 RCW which establish state highway access standards and rules for its issuance and modification of access permits, closing of unpermitted connections, revocation of permits, and waiver provisions in accordance with this chapter. The department shall consult with the association of Washington cities and obtain concurrence of the city design standards committee as established by RCW 35.78.030 in the development and adoption of rules for access standards for city streets designated as state highways under chapter 47.24 RCW.
(3) Cities and towns shall, no later than July 1, 1993, adopt standards for access permitting on streets designated as state highways which meet or exceed the department's standards, provided that such standards may not be inconsistent with standards adopted by the department.
[ 1991 c 202 s 3.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Regulating connections.


title: RCW 47.50.040

text:
(1) No connection to a state highway shall be constructed or altered without obtaining an access permit in accordance with this chapter in advance of such action. A permitting authority has the authority to deny access to the state highway system at the location specified in the permit until the permittee constructs or alters the connection in accordance with the permit requirements.
(2) The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations which are not required by law or administrative rule, but are made at the request of and for the convenience of the permitting authority. The permittee, however, shall bear the cost of alteration of any connection which is required by the permitting authority due to increased or altered traffic flows generated by changes in the permittee's facilities or nature of business conducted at the location specified in the permit.
(3) Except as otherwise provided in this chapter, an unpermitted connection is subject to closure by the appropriate permitting authority which shall have the right to install barriers across or remove the connection. When the permitting authority determines that a connection is unpermitted and subject to closure, it shall provide reasonable notice of its impending action to the owner of property served by the connection. The permitting authority's procedures for providing notice and preventing the operation of unpermitted connections shall be adopted by rule.
[ 1991 c 202 s 4.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Access permits.


title: RCW 47.50.050

text:
The department shall establish by rule a schedule of fees for permit applications made to the department. The fee shall be nonrefundable and shall be used only to offset the costs of administering the access permit review process and the costs associated with administering the provisions of this chapter.
[ 1991 c 202 s 5.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Permit fee.


title: RCW 47.50.060

text:
The review process for access permit applications made by the department shall be as follows: Any person seeking an access permit shall file an application with the department. The department by rule shall establish application form and content requirements. The fee required by RCW 47.50.050 must accompany the applications.
[ 1991 c 202 s 6.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Permit review process.


title: RCW 47.50.070

text:
The permitting authority may issue a permit subject to any conditions necessary to carry out the provisions of this chapter, including, but not limited to, requiring the use of a joint-use connection. The permitting authority may revoke a permit if the applicant fails to comply with the conditions upon which the issuance of the permit was predicated.
[ 1991 c 202 s 7.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Permit conditions.


title: RCW 47.50.080

text:
(1) Unpermitted connections to the state highway system in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety. However, a permitting authority may require that a permit be obtained for such a connection if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. If a permit is not obtained, the connection may be closed pursuant to RCW 47.50.040.
(2) Access permits granted prior to adoption of the permitting authorities' standards shall remain valid until modified or revoked. Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed to be permitted pursuant to chapter 202, Laws of 1991. The permitting authority may, after written notification, under rules adopted in accordance with RCW 47.50.030, modify or revoke an access permit granted prior to adoption of the standards by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection.
(3) The permitting authority may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state. Every nonconforming access permit shall specify limits on the maximum vehicular use of the connection and shall be conditioned on the availability of future alternative means of access for which access permits can be obtained.
[ 1991 c 202 s 8.]
Notes:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Permit removal.


title: RCW 47.50.090

text:
(1) The department shall develop, adopt, and maintain an access control classification system for all routes on the state highway system, the purpose of which shall be to provide for the implementation and continuing applications of the provision of this chapter.
(2) The principal component of the access control classification system shall be access management standards, the purpose of which shall be to provide specific minimum standards to be adhered to in the planning for and approval of access to state highways.
(3) The control classification system shall be developed consistent with the following:
(a) The department shall, no later than January 1, 1993, adopt rules setting forth procedures governing the implementation of the access control classification system required by this chapter. The rule shall provide for input from the entities described in (b) of this subsection as well as for public meetings to discuss the access control classification system. Nothing in this chapter shall affect the validity of the department's existing or subsequently adopted rules concerning access to the state highway system. Such rules shall remain in effect until repealed or replaced by the rules required by this chapter.
(b) The access control classification system shall be developed in cooperation with counties, cities and towns, the department of commerce, regional transportation planning organizations, and other local governmental entities, and for city streets designated as state highways pursuant to chapter 47.24 RCW, adopted with the concurrence of the city design standards committee.
(c) The rule required by this section shall provide that assignment of a road segment to a specific access category be made in consideration of the following criteria:
(i) Local land use plans and zoning, as set forth in comprehensive plans;
(ii) The current functional classification as well as potential future functional classification of each road on the state highway system;
(iii) Existing and projected traffic volumes;
(iv) Existing and projected state, local, and metropolitan planning organization transportation plans and needs;
(v) Drainage requirements;
(vi) The character of lands adjoining the highway;
(vii) The type and volume of traffic requiring access;
(viii) Other operational aspects of access;
(ix) The availability of reasonable access by way of county roads and city streets to a state highway; and
(x) The cumulative effect of existing and projected connections on the state highway system's ability to provide for the safe and efficient movement of people and goods within the state.
(d) Access management standards shall include, but not be limited to, connection location standards, safety factors, design and construction standards, desired levels of service, traffic control devices, and effective maintenance of the roads. The standards shall also contain minimum requirements for the spacing of connections, intersecting streets, roads, and highways.
(e) An access control category shall be assigned to each segment of the state highway system by July 1, 1993.
[ 2023 c 470 s 2089; 1995 c 399 s 124; 1991 c 202 s 9.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.

catchline: Access management standards.


title: RCW 47.52.001

text:
(1) Unrestricted access to and from public highways has resulted in congestion and peril for the traveler. It has caused undue slowing of all traffic in many areas. The investment of the public in highway facilities has been impaired and highway facilities costing vast sums of money will have to be relocated and reconstructed.
(2) Broadband, which includes a range of high-speed transmission technologies, including fiber optic lines and personal wireless service facilities, is a critical part of the state's infrastructure. The rapid deployment of broadband facilities is critical to ensure public safety, network access, quality of service, and rural economic development.
(3) It is, therefore, the declared policy of this state to limit access to the highway facilities of this state in the interest of highway safety and for the preservation of the investment of the public in such facilities, and to ensure that the use of rights-of-way of limited access facilities accommodate the deployment of broadband facilities consistent with these interests. In furtherance of this policy, the department is directed to adopt and maintain an agency policy that requires the department to proactively provide broadband facility owners with information about planned limited access highway projects to enable collaboration between broadband facility owners and the department to identify opportunities for the installation of broadband facilities during the appropriate phase of these projects when such opportunities exist. Coordination between the department and broadband facility owners under this section must comply with applicable state and federal law including, but not limited to, chapter 47.44 RCW and RCW 47.04.045.
[ 2021 c 258 s 6; 2004 c 131 s 1; 1961 c 13 s 47.52.001. Prior: 1951 c 167 s 1.]
Notes:
Findings—Intent—2021 c 258: See note following RCW 47.44.160.

catchline: Declaration of policy.


title: RCW 47.52.010

text:
For the purposes of this chapter, a "limited access facility" is defined as a highway or street especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons, have no right or easement, or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accomplish the purpose of a limited access facility. Such highways or streets may be parkways, from which vehicles forming part of an urban public transportation system, trucks, buses, or other commercial vehicles may be excluded; or they may be freeways open to use by all customary forms of street and highway traffic, including vehicles forming a part of an urban public transportation system.
[ 1967 c 108 s 10; 1961 c 13 s 47.52.010. Prior: 1951 c 167 s 2; 1947 c 202 s 1; Rem. Supp. 1947 s 6402-60.]
Notes:
Urban public transportation system defined: RCW 47.04.082.

catchline: "Limited access facility" defined.


title: RCW 47.52.011

text:
For the purposes of this chapter, the term "existing highway" shall include all highways, roads and streets duly established, constructed, and in use. It shall not include new highways, roads or streets, or relocated highways, roads or streets, or portions of existing highways, roads or streets which are relocated.
[ 1961 c 13 s 47.52.011. Prior: 1951 c 167 s 3.]

catchline: "Existing highway" defined.


title: RCW 47.52.020

text:
The highway authorities of the state, counties, and incorporated cities and towns, acting alone or in cooperation with each other, or with any federal, state, or local agency, or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, construct, maintain, and provide limited access facilities for public use wherever the authority or authorities are of the opinion that traffic conditions, present or future, will justify the special facilities. However, upon county roads within counties, the state or county authorities are subject to the consent of the county legislative authority, except that where a state limited access facility crosses a county road the department may, without the consent of the county legislative authority, close off the county road so that it will not intersect such limited access facility.
The department may, in constructing or relocating any state highway, cross any county road at grade without obtaining the consent of the county legislative authority, and in so doing may revise the alignment of the county road to the extent that the department finds necessary for reasons of traffic safety or practical engineering considerations.
[ 1984 c 7 s 239; 1961 c 13 s 47.52.020. Prior: 1957 c 235 s 2; prior: 1953 c 30 s 1; 1951 c 167 s 4; 1947 c 202 s 2, part; Rem. Supp. 1947 s 6402-61, part.]

catchline: Powers of highway authorities—State facility, county road crossings.


title: RCW 47.52.025

text:
(1) Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of (a) public transportation vehicles, (b) privately owned buses, (c) motorcycles, (d) private motor vehicles carrying not less than a specified number of passengers, (e) organ transport vehicles transporting a time urgent organ or a time sensitive organ or tissue donor as defined in RCW 68.64.010, or (f) the following private transportation provider vehicles if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle, and if such use does not interfere with the efficiency, reliability, and safety of public transportation operations: (i) Auto transportation company vehicles regulated under chapter 81.68 RCW; (ii) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (iii) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (iv) private employer transportation service vehicles, when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.
(2)(a) Any transit-only lanes that allow other vehicles to access abutting businesses that are reserved pursuant to subsection (1) of this section may not be authorized for the use of private transportation provider vehicles as described under subsection (1) of this section, except as provided in (b) of this subsection (2).
(b)(i) In counties with a population over 2,000,000 persons, local authorities may, with the approval of the public transportation provider or providers, authorize two-year pilot programs that grant a fee-for-use permit that meets requirements of subsection (4) of this section authorizing private transportation employer services to use transit-only lanes that allow other vehicles to access abutting businesses, provided the public transportation provider, in consultation with the local authority and representatives of one or more labor organizations representing transit employees, has established operational performance measures and standards for the transit-only lanes to ensure the lanes continue to provide for efficient, reliable, and safe public transportation operations. Pilot programs must be authorized to begin prior to 2035.
(ii) A pilot program must include development of recommendations for the implementation of an appropriate vehicle marking for private transportation employer service vehicles to display their authorization to use transit-only lanes, including identification of the recommended administrating entity or entities and recommendations for program monitoring and enforcement.
(c) Revenues generated by the fee-for-use permit authorized in this subsection (2) shall be allocated as follows:
(i) The local authority issuing the permit shall receive the amount of revenue required to recover the administrative costs of issuing the permit; and
(ii) Any additional revenue shall be used for the maintenance and improvement of the transit-only lane, consistent with public transportation provider plans; the legislature does not intend for this additional revenue to serve as a substitute for funding otherwise to be provided for this purpose.
(3) Highway authorities of the state, counties, or incorporated cities and towns may prohibit the use of limited access facilities by the following private transportation provider vehicles: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, and marked or unmarked limousines and stretch sport utility vehicles as defined under department of licensing rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles, when the average transit speed in the high occupancy vehicle travel lane fails to meet department standards and falls below 45 miles per hour at least 90 percent of the time during the peak hours for two consecutive months.
(4)(a) Local authorities, with the approval of the public transportation provider or providers, are encouraged to establish a process for private transportation providers, described under subsections (1) and (3) of this section, to apply for the use of limited access facilities that are reserved for the exclusive or preferential use of public transportation vehicles.
(b) The process must provide a list of facilities that the local authority and public transportation provider or providers determine to be unavailable for use by the private transportation provider and must provide the criteria used to reach that determination.
(c) Local authorities, in coordination with public transportation providers, are required to prepare an annual report and assess, with input from representatives of one or more labor organizations representing transit employees, if the established performance measures and standards are being met. If at least one of the performance measures or standards is not being met, the permit must be revoked until such time as conditions in the transit-only lane have changed to allow the performance measures and standards to be achieved. The development and reporting [of] out of performance metrics is a shared responsibility between the local authority and the transit agency.
(5) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is similarly marked or identified to display the business name or logo on the driver and passenger sides of the vehicle, meets the annual certification requirements of the department, and is offered by an employer for the benefit of its employees.
[ 2026 c 81 s 1; 2023 c 290 s 8; 2013 c 26 s 3; 2011 c 379 s 3; 1974 ex.s. c 133 s 1; 1961 c 13 s 47.52.025. Prior: 1957 c 235 s 3; prior: 1951 c 167 s 5; 1947 c 202 s 2, part; Rem. Supp. 1947 s 6402-61, part.]
Notes:
Conflict with state and federal environmental mitigation requirements—2011 c 379: See note following RCW 46.61.165.
High occupancy vehicle lanes: RCW 46.61.165.

catchline: Additional powers—Controlling use of limited access facilities—High occupancy vehicle lanes—Definition.


title: RCW 47.52.026

text:
(1) The department may adopt rules for the control of vehicles entering any state limited access highway as it deems necessary (a) for the efficient or safe flow of traffic traveling upon any part of the highway or connections with it or (b) to avoid exceeding federal, state, or regional air pollution standards either along the highway corridor or within an urban area served by the highway.
(2) Rules adopted by the department pursuant to subsection (1) of this section may provide for the closure of highway ramps or the metering of vehicles entering highway ramps or the restriction of certain classes of vehicles entering highway ramps (including vehicles with less than a specified number of passengers), and any such restrictions may vary at different times as necessary to achieve the purposes mentioned in subsection (1) of this section.
(3) Vehicle restrictions authorized by rules adopted pursuant to this section are effective when proper notice is given by any police officer, or by appropriate signals, signs, or other traffic control devices.
[ 1984 c 7 s 240; 1974 ex.s. c 133 s 3.]

catchline: Rules—Control of vehicles entering—Ramp closure, metering, or restrictions—Notice.


title: RCW 47.52.027

text:
The secretary of transportation may adopt design standards, rules, and regulations relating to construction, maintenance, and control of access of the national system of interstate and defense highways within this state as it deems advisable to properly control access thereto, to preserve the traffic-carrying capacity of such highways, and to provide the maximum degree of safety to users thereof. In adopting such standards, rules, and regulations the secretary shall take into account the policies, rules, and regulations of the United States secretary of commerce and the federal highway administration relating to the construction, maintenance, and operation of the system of interstate and defense highways. The standards, rules, and regulations so adopted by the secretary shall constitute the public policy of this state and shall have the force and effect of law.
[ 1977 ex.s. c 151 s 62; 1961 c 13 s 47.52.027. Prior: 1959 c 319 s 35. Formerly RCW 47.28.160.]
Notes:
Nonmotorized traffic may be prohibited: RCW 46.61.160.

catchline: Standards and rules for interstate and defense highways—Construction, maintenance, access.


title: RCW 47.52.040

text:
The highway authorities of the state, counties and incorporated cities and towns may so design any limited access facility and so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended; and the determination of design by such authority shall be conclusive and final. In this connection such highway authorities may divide and separate any limited access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating such separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from, or across limited access facilities to or from abutting lands, except at designated points at which access may be permitted by the highway authorities upon such terms and conditions as may be specified from time to time: PROVIDED, That any intersecting streets, roads or highways, not made a part of such facility, shall be deemed closed at the right-of-way line by the designation and construction of said facility and without the consent of any other party or the necessity of any other legal proceeding for such closing, notwithstanding any laws to the contrary.
[ 1961 c 13 s 47.52.040. Prior: 1955 c 75 s 1; 1947 c 202 s 3; Rem. Supp. 1947 s 6402-62.]

catchline: Design—Entrance and exit restricted—Closure of intersecting roads.


title: RCW 47.52.041

text:
No person, firm or corporation, private or municipal, shall have any claim against the state, city or county by reason of the closing of such streets, roads or highways as long as access still exists or is provided to such property abutting upon the closed streets, roads or highways. Circuity of travel shall not be a compensable item of damage.
[ 1961 c 13 s 47.52.041. Prior: 1955 c 75 s 2.]

catchline: Closure of intersecting roads—Rights of abutters.


title: RCW 47.52.042

text:
RCW 47.52.040 and 47.52.041 shall not be construed to affect provisions for establishment, notice, hearing and court review of any decision establishing a limited access facility on an existing highway pursuant to chapter 47.52 RCW.
[ 1961 c 13 s 47.52.042. Prior: 1955 c 75 s 3.]

catchline: Closure of intersecting roads—Other provisions not affected.


title: RCW 47.52.050

text:
(1) For the purpose of this chapter the highway authorities of the state, counties and incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view and light, by gift, devise, purchase, or condemnation, in the same manner as such authorities are now or hereafter may be authorized by law to acquire property or property rights in connection with highways and streets within their respective jurisdictions. Except as otherwise provided in subsection (2) of this section all property rights acquired under the provisions of this chapter shall be in fee simple. In the acquisition of property or property rights for any limited access facility or portion thereof, or for any service road in connection therewith, the state, county, incorporated city and town authority may, in its discretion, acquire an entire lot, block or tract of land, if by so doing the interest of the public will be best served, even though said entire lot, block or tract is not immediately needed for the limited access facility.
(2) The highway authorities of the state, counties, and incorporated cities and towns may acquire by gift, devise, purchase, or condemnation a three-dimensional air space corridor in fee simple over or below the surface of the ground, together with such other property in fee simple and other property rights as are needed for the construction and operation of a limited access highway facility, but only if the acquiring authority finds that the proposal will not:
(a) impair traffic safety on the highway or interfere with the free flow of traffic; or
(b) permit occupancy or use of the air space above or below the highway which is hazardous to the operation of the highway.
[ 1971 ex.s. c 39 s 1; 1961 c 13 s 47.52.050. Prior: 1947 c 202 s 4; Rem. Supp. 1947 s 6402-63.]
Notes:
Award of costs in air space corridor acquisitions: RCW 8.25.073.
Right-of-way donations: Chapter 47.14 RCW.

catchline: Acquisition of property.


title: RCW 47.52.060

text:
Court proceedings necessary to acquire property or property rights for purposes of this chapter shall take precedence over all other causes not involving the public interest in all courts to the end that the provision for limited access facilities may be expedited.
[ 1961 c 13 s 47.52.060. Prior: 1947 c 202 s 5; Rem. Supp. 1947 s 6402-64.]

catchline: Court process expedited.


title: RCW 47.52.070

text:
The designation or establishment of a limited access facility shall, by the authority making the designation or establishment, be entered upon the records or minutes of such authority in the customary manner for the keeping of such records or minutes. The state, counties and incorporated cities and towns may provide for the elimination of intersections at grade of limited access facilities with existing state or county roads, and with city or town streets, by grade separation or service road, or by closing off such roads and streets at the right-of-way boundary line of such limited access facility; and after the establishment of any such facility, no highway or street which is not part of said facility, shall intersect the same at grade. No city or town street, county road, or state highway, or any other public or private way, shall be opened into or connect with any such limited access facility without the consent and previous approval of the highway authority of the state, county, incorporated city or town having jurisdiction over such limited access facility. Such consent and approval shall be given only if the public interest shall be served thereby.
[ 1961 c 13 s 47.52.070. Prior: 1951 c 167 s 10; 1947 c 202 s 6; Rem. Supp. 1947 s 6402-65.]

catchline: Establishment of facility—Grade separation—Service roads.


title: RCW 47.52.080

text:
No existing public highway, road, or street shall be constructed as a limited access facility except upon the waiver, purchase, or condemnation of the abutting owner's right of access thereto as herein provided. In cases involving existing highways, if the abutting property is used for business at the time the notice is given as provided in RCW 47.52.133, the owner of such property shall be entitled to compensation for the loss of adequate ingress to or egress from such property as business property in its existing condition at the time of the notice provided in RCW 47.52.133 as for the taking or damaging of property for public use.
[ 1983 c 3 s 127; 1961 c 13 s 47.52.080. Prior: 1955 c 54 s 2; 1951 c 167 s 11; 1947 c 202 s 7; Rem. Supp. 1947 s 6402-66.]

catchline: Abutter's right of access protected—Compensation.


title: RCW 47.52.090

text:
The highway authorities of the state, counties, incorporated cities and towns, and municipal corporations owning or operating an urban public transportation system are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, construction, maintenance, use, regulation, or vacation of limited access facilities in their respective jurisdictions to facilitate the purposes of this chapter. Any such agreement may provide for the exclusive or nonexclusive use of a portion of the facility by streetcars, trains, or other vehicles forming a part of an urban public transportation system and for the erection, construction, and maintenance of structures and facilities of such a system including facilities for the receipt and discharge of passengers. Within incorporated cities and towns the title to every state limited access highway vests in the state, and, notwithstanding any other provision of this section, the department shall exercise full jurisdiction, responsibility, and control to and over the highway from the time it is declared to be operational as a limited access facility by the department, subject to the following provisions:
(1) Cities and towns shall regulate all traffic restrictions on such facilities except as provided in RCW 46.61.430, and all regulations adopted are subject to approval of the department before becoming effective. Nothing herein precludes the state patrol or any county, city, or town from enforcing any traffic regulations and restrictions prescribed by state law, county resolution, or municipal ordinance.
(2) The city, town, or franchise holder shall at its own expense maintain its underground facilities beneath the surface across the highway and has the right to construct additional facilities underground or beneath the surface of the facility or necessary overcrossings of power lines and other utilities as may be necessary insofar as the facilities do not interfere with the use of the right-of-way for limited access highway purposes. The city or town has the right to maintain any municipal utility and the right to open the surface of the highway. The construction, maintenance until permanent repair is made, and permanent repair of these facilities shall be done in a time and manner authorized by permit to be issued by the department or its authorized representative, except to meet emergency conditions for which no permit will be required, but any damage occasioned thereby shall promptly be repaired by the city or town itself, or at its direction. Where a city or town is required to relocate overhead facilities within the corporate limits of a city or town as a result of the construction of a limited access facility, the cost of the relocation shall be paid by the state.
(3) Cities and towns have the right to grant utility franchises crossing the facility underground and beneath its surface insofar as the franchises are not inconsistent with the use of the right-of-way for limited access facility purposes and the franchises are not in conflict with state laws. The department is authorized to enforce, in an action brought in the name of the state, any condition of any franchise that a city or town has granted. No franchise for transportation of passengers in motor vehicles may be granted on such highways without the approval of the department, except cities and towns are not required to obtain a franchise for the operation of municipal vehicles or vehicles operating under franchises from the city or town operating within the corporate limits of a city or town and within a radius not exceeding eight miles outside the corporate limits for public transportation on such facilities, but these vehicles may not stop on the limited access portion of the facility to receive or to discharge passengers unless appropriate special lanes or deceleration, stopping, and acceleration space is provided for the vehicles.
Every franchise or permit granted any person by a city or town for use of any portion of a limited access facility shall require the grantee or permittee to restore, permanently repair, and replace to its original condition any portion of the highway damaged or injured by it. Except to meet emergency conditions, the construction and permanent repair of any limited access facility by the grantee of a franchise shall be in a time and manner authorized by a permit to be issued by the department or its authorized representative.
(4) The department has the right to use all storm sewers that are adequate and available for the additional quantity of runoff proposed to be passed through such storm sewers.
(5) The construction and maintenance of city streets over and under crossings and surface intersections of the limited access facility shall be in accordance with the governing policy entered into between the department and the association of Washington cities on June 21, 1956, or as such policy may be amended by agreement between the department and the association of Washington cities.
[ 1984 c 7 s 241; 1977 ex.s. c 78 s 8; 1967 c 108 s 11; 1961 c 13 s 47.52.090. Prior: 1957 c 235 s 4; 1947 c 202 s 8; Rem. Supp. 1947 s 6402-67.]
Notes:
Urban public transportation system defined: RCW 47.04.082.

catchline: Cooperative agreements—Urban public transportation systems—Title to highway—Traffic regulations—Underground utilities and overcrossings—Passenger transportation—Storm sewers—City street crossings.


title: RCW 47.52.100

text:
In connection with the development of any limited access facility the state, county or incorporated city or town highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, construct, maintain and vacate local service roads and streets, or to designate as local service roads and streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as is authorized for limited access facilities under the terms of this chapter. If, in their opinion such local service roads and streets are necessary or desirable, such local service roads or streets shall be separated from the limited access facility by such means or devices designated as necessary or desirable by the proper authority.
[ 1961 c 13 s 47.52.100. Prior: 1947 c 202 s 9; Rem. Supp. 1947 s 6402-68.]

catchline: Existing roads and streets as service roads.


title: RCW 47.52.105

text:
Whenever, in the opinion of the department, frontage or service roads in connection with limited access facilities are not feasible either from an engineering or economic standpoint, the department may acquire private or public property by purchase or condemnation and construct any road, street, or highway connecting to or leading into any other road, street, or highway, when by so doing, it will preserve a limited access facility or reduce compensation required to be paid to an owner by reason of reduction in or loss of access. The department shall provide by agreement with a majority of the legislative authority of the county or city concerned as to location, future maintenance, and control of any road, street, or highway to be so constructed. The road, street, or highway need not be made a part of the state highway system or connected thereto, but may upon completion by the state be turned over to the county or city for location, maintenance, and control pursuant to the agreement as part of the system of county roads or city streets.
[ 1984 c 7 s 242; 1967 c 117 s 1; 1961 c 13 s 47.52.105. Prior: 1955 c 63 s 1.]

catchline: Acquisition and construction to preserve limited access or reduce required compensation.


title: RCW 47.52.110

text:
After the opening of any new and additional limited access highway facility, or after the designation and establishment of any existing street or highway, as included the particular highways and streets or those portions thereof designated and established, shall be physically marked and indicated as follows: By the erection and maintenance of such signs as in the opinion of the respective authorities may be deemed proper, indicating to drivers of vehicles that they are entering a limited access area and that they are leaving a limited access area.
[ 1961 c 13 s 47.52.110. Prior: 1947 c 202 s 10; Rem. Supp. 1947 s 6402-69.]

catchline: Marking of facility with signs.


title: RCW 47.52.120

text:
(1) After the opening of any limited access highway facility, it shall be unlawful for any person to: (a) Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities; (b) make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line; (c) drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; (d) drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, dividing section, or dividing line which separates such service road from the limited access facility proper; (e) stop or park any vehicle or equipment within the right-of-way of such facility, including the shoulders thereof, except at points specially provided therefor, and to make only such use of such specially provided stopping or parking points as is permitted by the designation thereof: PROVIDED, That this subsection (1)(e) shall not apply to authorized emergency vehicles, law enforcement vehicles, assistance vans, or to vehicles stopped for emergency causes or equipment failures; (f) travel to or from such facility at any point other than a point designated by the establishing authority as an approach to the facility or to use an approach to such facility for any use in excess of that specified by the establishing authority.
(2) For the purposes of this section, an assistance van is a vehicle rendering aid free of charge to vehicles with equipment or fuel problems. The state patrol shall establish by rule additional standards and operating procedures, as needed, for assistance vans.
(3) Any person who violates this section is guilty of a misdemeanor and upon arrest and conviction therefor shall be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the city or county jail for not less than five days nor more than ninety days, or by both fine and imprisonment.
(4) Nothing contained in this section prevents the highway authority from proceeding to enforce the prohibitions or limitations of access to such facilities by injunction or as otherwise provided by law.
[ 2003 c 53 s 262; 1987 c 330 s 748; 1985 c 149 s 1; 1961 c 13 s 47.52.120. Prior: 1959 c 167 s 1; 1947 c 202 s 11; Rem. Supp. 1947 s 6402-70.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.


title: RCW 47.52.121

text:
Any determinations of an authority establishing a limited access facility subsequent to March 19, 1947, and prior to March 16, 1951, in connection with new highways, roads or streets, or relocated highways, roads or streets, or portions of existing highways, roads or streets which are relocated, and all acquirements of property or access rights in connection therewith are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power (other than constitutional) of such authority, and notwithstanding any defects or irregularities (other than constitutional) in such proceedings.
[ 1961 c 13 s 47.52.121. Prior: 1951 c 167 s 12.]

catchline: Prior determinations validated.