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title-46•Title 46 RCW — Motor Vehicles
The legislature finds that the department of licensing administers laws relating to the licensing and regulation of professions, businesses, and other activities in addition to administering laws relating to the licensing and regulation of vehicles and vehicle operators, dealers, and manufacturers. The laws administered by the department have the common denominator of licensing and regulation and are directed toward protecting and enhancing the well-being of the residents of the state.
[ 2010 c 161 s 201; 1994 c 92 s 500; 1979 c 158 s 113; 1977 ex.s. c 334 s 1. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1977 ex.s. c 334: "This 1977 amendatory act shall take effect on July 1, 1977." [ 1977 ex.s. c 334 s 8.]
A department of the government of this state to be known as the "department of licensing" is hereby created.
[ 1979 c 158 s 114; 1977 ex.s. c 334 s 2; 1965 c 156 s 2. ]
NOTES:
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
The department is responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) Driver examining and licensing;
(2) Driver improvement;
(3) Driver records;
(4) Financial responsibility;
(5) Certificates of title;
(6) Vehicle registration certificates and license plates;
(7) Proration and reciprocity;
(8) Liquid fuel tax collections;
(9) Licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;
(10) General highway safety promotion in cooperation with the Washington state patrol and traffic safety commission; and
(11) Such other activities as the legislature may provide.
[ 2010 c 161 s 1107; 1990 c 250 s 14; 1965 c 156 s 3. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department is vested with all powers, functions, and duties with respect to and including the following:
(1) The fuel tax and aircraft fuel tax as provided in chapters 82.38 and 82.42 RCW;
(2) The motor vehicle excise tax as provided in chapter 82.44 RCW;
(3) The travel trailers and campers excise tax as provided in chapter 82.50 RCW;
(4) All general powers and duties relating to motor vehicles as provided in chapter 46.08 RCW;
(5) Certificates of title and registration certificates as provided in chapters 46.12 and 46.16A RCW;
(6) The registration of motor vehicles as provided in chapter 46.16A RCW;
(7) Dealers' licenses as provided in chapter 46.70 RCW;
(8) The licensing of motor vehicle transporters as provided in chapter 46.76 RCW;
(9) The licensing of vehicle wreckers as provided in chapter 46.80 RCW;
(10) The administration of the laws relating to reciprocal or proportional registration of motor vehicles as provided in chapter 46.85 RCW;
(11) The licensing of passenger vehicles for hire as provided in chapter 46.72 RCW;
(12) Drivers' licenses as provided in chapter 46.20 RCW;
(13) Commercial driver training schools as provided in chapter 46.82 RCW;
(14) Financial responsibility as provided in chapter 46.29 RCW;
(15) Accident reporting as provided in chapter 46.52 RCW;
(16) Disposition of revenues as provided in chapter 46.68 RCW; and
(17) The administration of all other laws relating to motor vehicles vested in the director of licenses on June 30, 1965.
[ 2013 c 225 s 606; 2011 c 171 s 10; 2010 c 161 s 1108; 1983 c 3 s 117; 1979 c 158 s 115; 1965 c 156 s 4. ]
NOTES:
Effective date—2013 c 225: See note following RCW 82.38.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Functions named in RCW 46.01.030 which have been performed by the state patrol as agent of the director of licenses before June 30, 1965 shall be performed by the department of licensing after June 30, 1965.
[ 1979 c 158 s 118; 1965 c 156 s 7. ]
Directors shall organize the department in such manner as they may deem necessary to segregate and conduct the work of the department.
[ 1990 c 250 s 16; 1965 c 156 s 10. ]
The director may adopt and enforce rules to carry out provisions related to vehicle registrations, certificates of title, and drivers' licenses. These rules must not be based:
(1) Solely on a section of law stating a statute's intent or purpose;
(2) On the enabling provisions of the statute establishing the agency; or
(3) On any combination of subsections (1) and (2) of this section.
[ 2010 c 161 s 202; 1995 c 403 s 108; 1979 c 158 s 120; 1965 c 156 s 11; 1961 c 12 s 46.08.140. Prior: 1937 c 188 s 79; RRS s 6312-79. Formerly RCW 46.08.140. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
The department of licensing may adopt rules as necessary to implement chapter 165, Laws of 1998.
[ 1998 c 165 s 14. ]
NOTES:
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
The director:
(1) Shall supervise and control the issuing of vehicle certificates of title, vehicle registrations, and vehicle license plates, and has the full power to do all things necessary and proper to carry out the provisions of the law relating to the registration of vehicles;
(2) May appoint and employ deputies, assistants, representatives, and clerks;
(3) May establish branch offices in different parts of the state;
(4) May appoint county auditors in Washington state or, in the absence of a county auditor, the department or an official of county government as agents for applications for and the issuance of vehicle certificates of title and vehicle registrations; and
(5)(a) Shall investigate the conviction records and pending charges of any current employee of or prospective employee being considered for any position with the department who has or will have:
(i)(A) The ability to create or modify records of applicants for enhanced drivers' licenses and identicards issued under RCW 46.20.202; and
(B) The ability to issue enhanced drivers' licenses and identicards under RCW 46.20.202; or
(ii) The ability to conduct examinations under RCW 46.25.060; or
(iii) Access to information pertaining to vehicle license plates, drivers' licenses, or identicards under RCW 46.08.066, or vessel registrations issued under RCW 88.02.330 that, alone or in combination with any other information, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, confidential public health work, public assistance fraud, or child support investigative activity.
(b) The investigation consists of a background check as authorized under RCW 10.97.050, 43.43.833, and 43.43.834, and the federal bureau of investigation. The background check must be conducted through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which is through the submission of fingerprints. The director shall use the information solely to determine the character, suitability, and competence of current or prospective employees subject to this section.
(c) The director shall investigate the conviction records and pending charges of an employee subject to:
(i) Subsection (5)(a)(i) of this section every five years; and
(ii) Subsection (5)(a)(ii) of this section as required under 49 C.F.R. Sec. 384.228 as it existed on July 8, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(d) Criminal justice agencies shall provide the director with information that they may possess and that the director may require solely to determine the employment suitability of current or prospective employees subject to this section.
[ 2013 c 336 s 1; 2013 c 224 s 1; 2010 c 161 s 203; 2009 c 169 s 1; 1979 c 158 s 121; 1973 c 103 s 2; 1971 ex.s. c 231 s 8; 1965 c 156 s 13; 1961 c 12 s 46.08.090. Prior: 1937 c 188 s 26; RRS s 6312-26; prior: 1921 c 96 s 3, part; 1917 c 155 s 2, part; 1915 c 142 s 3, part. Formerly RCW 46.08.090. ]
NOTES:
Reviser's note: This section was amended by 2013 c 224 s 1 and by 2013 c 336 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2013 c 336: See note following RCW 46.08.066.
Effective date—2013 c 224: "Sections 1 and 3 through 14 of this act take effect July 8, 2014." [ 2013 c 224 s 17.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—1973 c 103: "If any provision of this 1973 amendatory 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." [ 1973 c 103 s 9.]
Effective date—1971 ex.s. c 231: "(1) Sections 1 through 7 of this 1971 amendatory act shall take effect on January 1, 1972.
(2) Sections 8 through 23 of this 1971 amendatory act shall take effect on January 1, 1973." [ 1971 ex.s. c 231 s 24.]
(1) There is established an investigation unit within the department for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful in the programs administered by the department. The director will employ qualified supervisory, legal, and investigative personnel for the program. Program staff must be qualified by training and experience.
(2) The director and the investigation unit are authorized to receive criminal history record information that includes nonconviction data for any purpose associated with an investigation conducted by the investigation unit established under this section. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.
[ 2008 c 74 s 6. ]
NOTES:
Finding—2008 c 74: See note following RCW 51.04.024.
(1) County auditor/agent duties. A county auditor or other agent appointed by the director must:
(a) Enter into a standard contract provided by the director;
(b) Provide all services authorized by the director for vehicle certificates of title and vehicle registration applications and issuance under the direction and supervision of the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Processing mail-in vehicle registration renewals until directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter 46.10 RCW; and
(vi) Collecting fees and taxes as required;
(c) If authorized by the director, offer for sale discover passes as provided in chapter 79A.80 RCW.
(2) County auditor/agent assistants and subagents. A county auditor or other agent appointed by the director may, with approval of the director:
(a) Appoint assistants as special deputies to accept applications for vehicle certificates of title and to issue vehicle registrations; and
(b) Recommend and request that the director appoint subagencies within the county to accept applications for vehicle certificates of title and vehicle registration application issuance.
(3) Appointing subagents. A county auditor or other agent appointed by the director who requests a subagency must, with approval of the director:
(a) Use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants; and
(b) Submit all proposals to the director with a recommendation for appointment of one or more subagents who have applied through the open competitive process. If a qualified successor who is an existing subagent's sibling, spouse, or child, or a subagency employee has applied, the county auditor must provide the name of the qualified successor and the name of one other applicant who is qualified and was chosen through the open competitive process.
(4) Subagent duties. A subagent appointed by the director must:
(a) Enter into a standard contract with the county auditor or agent provided by the director;
(b) Provide all services authorized by the director for vehicle certificates of title and vehicle registration applications and issuance under the direction and supervision of the county auditor or agent and the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Mailing out vehicle registrations and replacement plates to internet payment option customers until directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter 46.10 RCW; and
(vi) Collecting fees and taxes as required; and
(c) If authorized by the director, offer for sale discover passes as provided in chapter 79A.80 RCW.
(5) Subagent successorship. A subagent appointed by the director who no longer wants his or her appointment may recommend a successor who is the subagent's sibling, spouse, or child, or a subagency employee. The recommended successor must participate in the open competitive process used to select an applicant. In making successor recommendations and appointment determinations, the following provisions apply:
(a) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers;
(b) A subagent may not receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment;
(c) The appointment of a successor is intended to assist in the efficient transfer of appointments to minimize public inconvenience. The appointment of a successor does not create a proprietary or property interest in the appointment;
(d) A subagent appointee who is planning to retire within twelve months may recommend a successor without resigning his or her appointment by submitting a letter of intent to retire with a successor recommendation to the county auditor or other agent appointed by the director. The county auditor or other agent appointed by the director shall, within sixty days, respond in writing to the subagent appointee indicating if the recommended successor would be considered in the open competitive process. If there are negative factors or deficiencies pertaining to the subagency operation or the recommended successor, the county auditor or other agent appointed by the director must state these factors in writing to the subagent appointee. The subagent appointee may withdraw the letter of intent to retire any time prior to the start of the open competitive process by writing to the county auditor or other agent appointed by the director and filing a copy with the director;
(e) A subagent appointee may name a recommended successor at any time during his or her appointment by notifying the county auditor or other agent appointed by the director in writing and filing a copy with the director. The purpose of this recommendation is for the county auditor or other agent appointed by the director to know the wishes of the subagent appointee in the event of the death or incapacitation of a sole subagent appointee or last remaining subagent appointee that could lead to the inability of the subagent to continue to fulfill the obligations of the appointment; and
(f) If the county auditor or other agent appointed by the director does not select the recommended successor for appointment as a result of the open competitive process, the county auditor or other agent appointed by the director must contact the subagent appointee by letter and explain the decision. The subagent appointee must be provided an opportunity to respond in writing. Any response by the subagent appointee must be included in the open competitive process materials submitted to the department.
(6) Standard contracts. The standard contracts provided by the director in this section may include provisions that the director deems necessary to ensure that readily accessible and acceptable service is provided to the citizens of the state, including the full collection of fees and taxes. The standard contracts must include provisions that:
(a) Describe responsibilities and liabilities of each party related to service expectations and levels;
(b) Describe the equipment to be supplied by the department and equipment maintenance;
(c) Require specific types of insurance or bonds, or both, to protect the state against any loss of collected revenue or loss of equipment;
(d) Specify the amount of training that will be provided by each of the parties;
(e) Describe allowable costs that may be charged for vehicle registration activities as described in subsection (7) of this section; and
(f) Describe causes and procedures for termination of the contract, which may include mediation and binding arbitration.
(7) County auditor/agent cost reimbursement. A county auditor or other agent appointed by the director who does not cover expenses for services provided by the standard contract may submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by the department. The department must develop procedures to standardize and identify allowable costs and to verify whether a request is reasonable. Payment must be made on those requests found to be allowable from the licensing services account.
(8) County auditor/agent revenue disbursement. County revenues that exceed the cost of providing services described in the standard contract, calculated in accordance with the procedures in subsection (7) of this section, must be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.
(9) Appointment authority. The director has final appointment authority for county auditors or other agents or subagents.
(10) Rules. The director may adopt rules to implement this section.
[ 2013 c 169 s 1; 2012 c 261 s 10; 2011 c 171 s 11. Prior: 2010 1st sp.s. c 7 s 139; 2010 c 221 s 1; 2010 c 161 s 204; 2005 c 343 s 1; 2003 c 370 s 3; 2001 c 331 s 1; 1996 c 315 s 1; 1992 c 216 s 1; 1991 c 339 s 16; 1990 c 250 s 89; 1988 c 12 s 1; 1987 c 302 s 1; 1985 c 380 s 12; prior: 1983 c 77 s 1; 1983 c 26 s 1; 1980 c 114 s 2; 1979 c 158 s 122; 1975 1st ex.s. c 146 s 1; 1973 c 103 s 1; 1971 ex.s. c 231 s 9; 1971 ex.s. c 91 s 3; 1965 c 156 s 14; 1963 c 85 s 1; 1961 c 12 s 46.08.100; prior: 1955 c 89 s 3; 1937 c 188 s 27; RRS s 6312-27. Formerly RCW 46.08.100. ]
NOTES:
Effective date—2012 c 261: See note following RCW 79A.80.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Application—2003 c 370: "Sections 2 and 3 of this act take effect for renewals that are due or become due on or after November 1, 2003." [ 2003 c 370 s 6.] Section 2 of this act was vetoed by the governor.
Effective dates—1996 c 315 ss 1, 4, 5: "(1) Section 4 of this act and the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act become effective on vehicle fees due or to become due on January 1, 1997, and thereafter.
(2) Section 5 of this act and the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act become effective on vessel fees due or to become due on July 1, 1997, and thereafter.
(3) The amendments to RCW 46.01.140(5) (a) and (b) by section 1 of this act become effective on July 1, 1996." [ 1996 c 315 s 6.]
Effective date—1991 c 339 ss 16, 17: "Sections 16 and 17 of this act are 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 339 s 34.]
Severability—1987 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 302 s 5.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
The department may maintain such branch offices within the state as the director may deem necessary properly to carry out the powers and duties vested in the department.
[ 1965 c 156 s 15. ]
NOTES:
Office of department, maintenance at state capital: RCW 43.17.050.
The director shall prescribe and provide suitable forms of applications, certificates of title and registration certificates, drivers' licenses, and all other forms and licenses requisite or deemed necessary to carry out the provisions of this title and any other laws the enforcement and administration of which are vested in the department.
[ 2010 c 161 s 1109; 1965 c 156 s 16. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Director to prescribe forms for applications, licenses, and certificates: RCW 43.24.040.
The department shall have an official seal with the words "Department of Licensing of Washington" engraved thereon.
[ 1977 ex.s. c 334 s 4; 1965 c 156 s 17. ]
NOTES:
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
Officers and employees of the department designated by the director are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures and shall do so without fee.
[ 1965 c 156 s 18. ]
NOTES:
Oath of director: RCW 43.17.030.
The director of licensing may designate the Washington state patrol as an agent to secure the surrender of drivers' licenses which have been suspended, revoked, or canceled pursuant to law.
[ 1979 c 158 s 123; 1965 c 156 s 19. ]
(1) The department may accept checks and money orders for the payment of drivers' licenses, certificates of title and vehicle registrations, vehicle excise taxes, gross weight fees, and other fees and taxes collected by the department. Whenever registrations, licenses, or permits have been paid for by checks or money orders that have been dishonored by nonacceptance or nonpayment, the department shall:
(a) Cancel the registration, license, or permit;
(b) Send a notice of cancellation by first-class mail using the last known address in department records for the holder of the certificate, license, or permit, and complete an affidavit of first-class mail; and
(c) Assess a handling fee, set by rule.
(2) It is a traffic infraction to fail to surrender a certificate of title, registration certificate, or permit to the department or to an authorized agent within ten days of being notified that the certificate, registration, or permit has been canceled.
(3) County auditors, agents, and subagents appointed by the director may collect restitution for dishonored checks and money orders and keep the handling fee.
(4) A person who has recently acquired a vehicle by purchase, exchange, gift, lease, inheritance, or legal action is not liable or responsible for the payment of uncollected fees and taxes that were paid for by a predecessor's check or money order that was subsequently dishonored. The department may not deny an application to transfer ownership for the uncollected amount.
(5) The director may adopt rules to implement this section. The rules must provide for the public's convenience consistent with sound business practice and encourage annual renewal of vehicle registrations by mail, authorizing checks and money orders for payment.
[ 2010 c 161 s 205; 2003 c 369 s 1; 1994 c 262 s 1; 1992 c 216 s 2; 1987 c 302 s 2; 1979 ex.s. c 136 s 39; 1979 c 158 s 124; 1975 c 52 s 1; 1965 ex.s. c 170 s 44. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2003 c 369: "This act takes effect October 1, 2003." [ 2003 c 369 s 2.]
Severability—1987 c 302: See note following RCW 46.01.140.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The department may adopt necessary rules and procedures to allow use of credit and debit cards for payment of fees and excise taxes to the department and its agents or subagents related to the licensing of drivers, the issuance of identicards, and vehicle and vessel certificates of title and registration. The department may establish a convenience fee to be paid by the credit or debit card user whenever a credit or debit card is chosen as the payment method. The fee must be sufficient to offset the charges imposed on the department and its agents and subagents by credit and debit card companies. In no event may the use of credit or debit cards authorized by this section create a loss of revenue to the state.
The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.
[ 2010 c 161 s 207; 2004 c 249 s 9; 1999 c 271 s 1. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall provide on its internet payment option website:
(a) That a filing fee will be collected on all transactions subject to a filing fee;
(b) That a subagent service fee will be collected by a subagent office for mail or pickup licensing services; and
(c) The amount of the filing and subagent service fees.
(2) The filing and subagent service fees must be shown below each office listed.
[ 2010 c 161 s 206. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The director shall have the power and it shall be his or her duty upon request and payment of the fee as provided herein to furnish under seal of the director certified copies of any records of the department, except those for confidential use only. The director shall charge and collect therefor the actual cost to the department. Any funds accruing to the director of licensing under this section shall be certified and sent to the state treasurer and by him or her deposited to the credit of the highway safety fund.
[ 2010 c 8 s 9001; 1979 c 158 s 125; 1967 c 32 s 3; 1961 c 12 s 46.08.110. Prior: 1937 c 188 s 80; RRS s 6312-80. Formerly RCW 46.08.110. ]
(1) Except as provided in subsection (2) of this section, the director may destroy applications for vehicle registrations, copies of vehicle registrations issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, and records or supporting papers on file in the department that have been microfilmed or photographed or are more than five years old. The director may destroy applications for vehicle registrations that are renewal applications when the computer record of the applications has been updated.
(2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.502, 46.61.503, 46.61.504, 46.61.520, and 46.61.522, records of deferred prosecutions granted under RCW 10.05.120, or any other records of a prior offense as defined in RCW 46.61.5055 and shall maintain such records permanently on file.
(b) For purposes of RCW 46.52.101 and 46.52.130, offenses subject to this subsection shall be considered "alcohol-related" offenses.
[ 2016 c 203 s 3; 2015 2nd sp.s. c 3 s 10; 2010 c 161 s 208; 2009 c 276 s 2; 1999 c 86 s 2; 1998 c 207 s 3; 1997 c 66 s 11; 1996 c 199 s 4; 1994 c 275 s 14; 1984 c 241 s 1; 1971 ex.s. c 22 s 1; 1965 ex.s. c 170 s 45; 1961 c 12 s 46.08.120. Prior: 1955 c 76 s 1; 1951 c 241 s 1; 1937 c 188 s 77; RRS s 6312-77. Formerly RCW 46.08.120. ]
NOTES:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
A county auditor or other agent appointed by the director may destroy applications for vehicle registrations and any copies of vehicle registrations or other records issued after those records have been on file in the county auditor's or other agent's office for a period of eighteen months, unless otherwise directed by the director.
[ 2010 c 161 s 209; 1991 c 339 s 18; 1967 c 32 s 4; 1961 c 12 s 46.08.130. Prior: 1937 c 188 s 78; RRS s 6312-78. Formerly RCW 46.08.130. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The director shall report annually to the governor on the activities of the department.
[ 1977 c 75 s 66; 1967 c 32 s 5; 1965 c 28 s 1; 1961 ex.s. c 21 s 29. Formerly RCW 46.08.200. ]
No civil suit or action may ever be commenced or prosecuted against the director, the state of Washington, any county auditor or other agents appointed by the director, any other government officer or entity, or against any other person, by reason of any act done or omitted to be done in connection with the titling or registration of vehicles or vessels while administering duties and responsibilities imposed on the director or as an agent of the director, or as a subagent of an agent of the director. This section does not bar the state of Washington or the director from bringing any action, whether civil or criminal, against any agent, nor shall it bar a county auditor or other agent of the director from bringing an action against the agent.
[ 2010 c 161 s 210; 1987 c 302 s 3. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Retroactive application—1987 c 302 s 3: "Section 3 of this act shall apply retroactively to all claims for which actions have not been filed before May 8, 1987." [ 1987 c 302 s 4.]
Severability—1987 c 302: See note following RCW 46.01.140.
A civil suit or action may not be commenced or prosecuted against the director, the state of Washington, any driver training school licensed by the department, any other government officer or entity, including a school district or an employee of a school district, or against any other person, by reason of any act done or omitted to be done in connection with administering the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle. This section does not bar the state of Washington or the director from bringing any action, whether civil or criminal, against any driver training school licensed by the department.
[ 2011 c 370 s 3. ]
NOTES:
Intent—2011 c 370: See note following RCW 28A.220.030.
Inclusion of stakeholder groups in communications to facilitate transition of driver licensing examination administration—2011 c 370: See note following RCW 46.82.450.
NOTES:
Reviser's note: RCW 46.01.320 was amended by 2010 c 161 s 1110 without reference to its repeal by 2010 1st sp.s. c 7 s 137. It has been decodified for publication purposes under RCW 1.12.025.
The state patrol and the department of licensing shall coordinate their activities when siting facilities. This coordination shall result in the collocation of driver and vehicle licensing and vehicle inspection service facilities whenever possible.
The department and state patrol shall explore alternative state services, such as vehicle emission testing, that would be feasible to collocate in these joint facilities. The department and state patrol shall reach agreement with the department of transportation for the purposes of offering department of transportation permits at these one-stop transportation centers. All services provided at these transportation service facilities shall be provided at cost to the participating agencies.
In those instances where the community need or the agencies' needs do not warrant collocation this section shall not apply.
[ 1993 sp.s. c 23 s 46. ]
NOTES:
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
By December 31, 1996, the department of licensing shall implement a PC or server-based database of fuel dealer and distributor license application information.
[ 1996 c 104 s 17. ]
By July 1, 1996, the department of licensing shall establish a fuel tax advisory group comprised of state agency and petroleum industry representatives to develop or recommend audit and investigation techniques, changes to fuel tax statutes and rules, information protocols that allow sharing of information with other states, and other tools that improve fuel tax administration or combat fuel tax evasion.
[ 1996 c 104 s 18. ]
To ensure cost recovery for department of licensing services, the department of licensing shall submit a fee study to the transportation committees of the house of representatives and the senate by December 1, 2003, and on a biennial basis thereafter. Based on this fee study, the Washington state legislature will review and adjust fees accordingly.
[ 2002 c 352 s 27. ]
NOTES:
Effective dates—2002 c 352: See note following RCW 46.09.410.
The department may, in coordination with the state parks and recreation commission, offer for sale and distribute discover passes and day-use permits, as provided in chapter 79A.80 RCW, at the department's drivers' licenses offices. Any amounts collected by the department through the sales of discover passes and day-use permits must be deposited in the recreation access pass account created in RCW 79A.80.090.
[ 2012 c 261 s 11. ]
NOTES:
Effective date—2012 c 261: See note following RCW 79A.80.010.
The department must implement cost recovery mechanisms to recoup at least a portion of credit card and other financial transaction costs as part of charges imposed for driver and vehicle fee transactions. The department must develop a method of tracking the amount of credit card and other financial cost recovery revenues. The department must notify the state treasurer of these amounts and the state treasurer must deposit these revenues in the agency financial transaction account created in RCW 46.01.385 on a quarterly basis.
[ 2021 c 32 s 1. ]
NOTES:
Effective date—2021 c 32: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2021." [ 2021 c 32 s 3.]
The agency financial transaction account is created in the state treasury. Receipts directed by law to the account from cost recovery charges for credit card and other financial transaction fees must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for paying credit card and financial transaction fees, and other related costs incurred by state agencies. During the 2021-2023 fiscal biennium, expenditures from the account may also be used for additional information technology costs related to supporting the department of licensing operations and addressing its staffing shortages. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the agency financial transaction account to the motor vehicle fund.
[ 2026 c 257 s 702; 2022 c 186 s 703; 2021 c 32 s 2. ]
NOTES:
Effective date—2026 c 257: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2026]." [ 2026 c 257 s 802.]
Effective date—2022 c 186: See note following RCW 47.01.071.
Effective date—2021 c 32: See note following RCW 46.01.380.
Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary.
Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary.
[ 1961 c 12 s 46.04.010. Prior: 1959 c 49 s 2; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"4-H license plates" means special license plates issued under RCW 46.18.200 that display the "4-H" logo.
[ 2012 c 65 s 2. ]
NOTES:
Effective date—2012 c 65: See note following RCW 46.18.200.
"Affidavit of loss" means a written statement confirming that the certificate of title, registration certificate, gross weight license, validation tab, or decal has been lost, stolen, destroyed, or mutilated. The statement must be in a form prescribed by the director.
[ 2010 c 161 s 101. ]
NOTES:
Effective date—2010 c 161: "Except for section 1020 of this act, this act takes effect July 1, 2011." [ 2010 c 161 s 1238.]
Intent—2010 c 161: "This act is intended to streamline and make technical amendments to certain codified statutes that deal with vehicle and vessel registration and title. Any statutory changes made by this act should be interpreted as technical in nature and not be interpreted to have any substantive policy or legal implications." [ 2010 c 161 s 1.]
Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: "The senate and house of representatives transportation committees, in consultation with the office of the code reviser, shall prepare legislation for the 2011 regular legislative session that reconciles and conforms amendments made during the 2010 legislative session in this act." [ 2010 c 161 s 1201.]
"Agent," for the purposes of entering into the standard contract required under RCW 46.01.140(1), means any county auditor or other individual, government, or business entity other than a subagent that is appointed to carry out vehicle registration and certificate of title functions for the department.
[ 2010 c 161 s 102. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of a person's breath, or (2) grams of alcohol per one hundred milliliters of a person's blood.
[ 1995 c 332 s 17; 1994 c 275 s 1. ]
NOTES:
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—1994 c 275: "This act shall be known as the "1994 Omnibus Drunk Driving Act."" [ 1994 c 275 s 43.]
Effective date—1994 c 275: "This act shall take effect July 1, 1994." [ 1994 c 275 s 46.]
"Alley" means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.
[ 1961 c 12 s 46.04.020. Prior: 1959 c 49 s 3; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Amateur radio operator license plates" means special license plates displaying amateur radio call letters assigned by the federal communications commission.
[ 2010 c 161 s 103. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Armed forces license plate collection" means the collection of six separate license plate designs issued under RCW 46.18.210. Each license plate design displays a symbol representing one of the five branches of the armed forces, and one representing the national guard.
[ 2010 c 161 s 104. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Arterial highway" means every public highway, or portion thereof, designated as such by proper authority.
[ 1961 c 12 s 46.04.030. Prior: 1959 c 49 s 4; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Authorized emergency vehicle" means any vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private, which need not be classified, registered or authorized by the state patrol, or any other vehicle authorized in writing by the state patrol.
[ 1987 c 330 s 701; 1961 c 12 s 46.04.040. Prior: 1959 c 49 s 5; 1953 c 40 s 1; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
"Auto stage" means any motor vehicle used for the purpose of carrying passengers together with incidental baggage and freight or either, on a regular schedule of time and rates: PROVIDED, That no motor vehicle shall be considered to be an auto stage where substantially the entire route traveled by such vehicle is within the corporate limits of any city or town or the corporate limits of any adjoining cities or towns.
[ 1961 c 12 s 46.04.050. Prior: 1959 c 49 s 6; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 1, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Axle" means structure or structures in the same or approximately the same transverse plane with a vehicle supported by wheels and on which or with which such wheels revolve.
[ 1961 c 12 s 46.04.060. Prior: 1959 c 49 s 7; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Bicycle" means every device propelled solely by human power, or an electric-assisted bicycle as defined in RCW 46.04.169, upon which a person or persons may ride, having two tandem wheels either of which is sixteen inches or more in diameter, or three wheels, any one of which is twenty inches or more in diameter.
[ 2019 c 403 s 2; 2018 c 60 s 2; 1982 c 55 s 4; 1965 ex.s. c 155 s 86. ]
NOTES:
Finding—Intent—2019 c 403: "The legislature finds that a number of the collision types that have resulted in a high number of serious injuries and deaths of vulnerable roadway users can be associated with certain types of traffic infractions. To address the heightened risk to vulnerable roadway users when violations of these traffic infractions occur, the legislature intends to: (1) Introduce an additional fine as a penalty for drivers who commit these violations against a vulnerable roadway user; (2) modify when certain vulnerable roadway users may be passed by motor vehicles; and (3) clarify when and how pedestrians and bicyclists may use the roadway. To increase enforcement of all traffic infractions and offenses committed against vulnerable roadway users, the legislature intends for revenue that is collected from the new fine to be dedicated to the education of law enforcement officers, prosecutors, and judges about opportunities for the enforcement of traffic violations committed against vulnerable roadway users, with any remaining funds to be used to increase awareness by the public of the risks and penalties associated with these traffic violations. The goals of this act are to achieve a reduction in the frequency with which drivers violate traffic laws that endanger vulnerable roadway users and to encourage safe sharing of the roadway by drivers, bicyclists, pedestrians, and other vulnerable roadway users." [ 2019 c 403 s 1.]
Effective date—2019 c 403: "This act takes effect January 1, 2020." [ 2019 c 403 s 15.]
"Breast cancer awareness license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing breast cancer awareness.
[ 2014 c 77 s 6. ]
NOTES:
Effective date—2014 c 77: See note following RCW 46.18.200.
"Business day" means Monday through Friday and excludes Saturday, Sunday, and state and federal holidays.
[ 2010 c 161 s 106. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
[ 1975 c 62 s 2; 1961 c 12 s 46.04.080. Prior: 1959 c 49 s 9; prior: 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Cab and chassis" means an incomplete vehicle manufactured and sold with only a cab, frame, and running gear.
[ 2010 c 161 s 107. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Camper" means a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation or for temporary outdoor or recreational lodging and which is five feet or more in overall length and five feet or more in height from its floor to its ceiling when fully extended, but shall not include motor homes as defined in RCW 46.04.305.
[ 1971 ex.s. c 231 s 2. ]
NOTES:
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
"Cancel," in all its forms, means invalidation indefinitely.
[ 1979 c 61 s 1; 1961 c 12 s 46.04.090. Prior: 1959 c 49 s 10; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Cannabis," except as otherwise provided in this title, has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 37. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
"Cargo extension" means a device that connects to the left and right side of a motor home or travel trailer frame and (1) becomes part of the frame, (2) does not pivot on a hitch, and (3) has an axle with two wheels, acting as a tag axle, to safely carry the weight of the cargo.
[ 2016 c 22 s 3. ]
NOTES:
Intent—2016 c 22: "It is the intent of the legislature to ensure that a cargo-carrying extension on the rear of a motor home or travel trailer must safely carry the weight of the cargo by requiring, if necessary, that the unit have an axle and two wheels, acting as a tag axle, to accommodate the weight and size of the cargo." [ 2016 c 22 s 1.]
Effective date—2016 c 22: "This act takes effect July 1, 2016." [ 2016 c 22 s 8.]
"Center line" means the line, marked or unmarked, parallel to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by painted lines or markers.
[ 1975 c 62 s 3; 1961 c 12 s 46.04.100. Prior: 1959 c 49 s 11; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Center of intersection" means the point of intersection of the center lines of the roadway of intersecting public highways.
[ 1961 c 12 s 46.04.110. Prior: 1959 c 49 s 12; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Chauffeur" means a person authorized by the department under this title to drive a limousine, and, if operating in a port district that regulates limousines under RCW 46.72A.030(2), meets the licensing requirements of that port district.
[ 1996 c 87 s 1. ]
(1) "Circular intersection" means an intersection characterized by a circulatory roadway, generally circular in design, located in the center of the intersection. A circular intersection encompasses the area bounded by the outermost curb line or, if there is no curb, the edge of the pavement, and includes crosswalks on any entering or exiting roadway.
(2) "Circular intersection" includes:
(a) Roundabouts;
(b) Rotaries; and
(c) Traffic circles.
[ 2020 c 199 s 1. ]
"City street" means every public highway, or part thereof located within the limits of cities and towns, except alleys.
[ 1961 c 12 s 46.04.120. Prior: 1959 c 49 s 13; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Collectible vehicle" means a vehicle that complies with the following:
(1) Is of unique or rare design, of limited production, and an object of curiosity;
(2) Is maintained primarily for use in car club activities, exhibitions, parades, or other functions of public interest or for a private collection, and is used only infrequently for other purposes; and
(3) Has collectible vehicle or classic automobile insurance coverage that restricts the collectible vehicle mileage or use, or both, and requires the owner to have another vehicle for personal use.
[ 2014 c 72 s 2. ]
"Collector" means the owner of one or more vehicles described in RCW 46.18.220(1) who collects, purchases, acquires, trades, or disposes of the vehicle or parts of it, for his or her personal use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes.
[ 2010 c 161 s 108; 1996 c 225 s 2. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Finding—1996 c 225: "The legislature finds and declares that constructive leisure pursuits by Washington citizens is most important. This act is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and special interest, which hobby contributes to the enjoyment of the citizens and the preservation of Washington's automotive memorabilia." [ 1996 c 225 s 1.]
"Collector vehicle" means any motor vehicle or travel trailer that is at least thirty years old.
[ 2015 c 200 s 4; 2009 c 142 s 2. ]
NOTES:
Effective date—2015 c 200: See note following RCW 46.16A.428.
"Collector vehicle license plate" means a special license plate that may be assigned to a vehicle that is more than thirty years old.
[ 2010 c 161 s 109. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Collegiate license plates" means license plates that display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016.
[ 1994 c 194 s 1. ]
"Combination of vehicles" means every combination of motor vehicle and motor vehicle, motor vehicle and trailer or motor vehicle and semitrailer.
[ 1963 c 154 s 26; 1961 c 12 s 46.04.130. Prior: 1959 c 49 s 14; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
"Commercial trailer" means a trailer that is principally used to transport commodities, merchandise, produce, freight, or animals.
[ 2010 c 161 s 110. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Commercial vehicle" means any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.
[ 1961 c 12 s 46.04.140. Prior: 1959 c 49 s 15; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Confidential license plates" and "undercover license plates" mean standard issue license plates assigned to vehicles owned or operated by public agencies. These license plates are used as specifically authorized under RCW 46.08.066.
[ 2010 c 161 s 111. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Converter gear" means an auxiliary axle, booster axle, dolly, or jeep axle.
[ 2010 c 161 s 112. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"County road" means every public highway or part thereof, outside the limits of cities and towns and which has not been designated as a state highway.
[ 1961 c 12 s 46.04.150. Prior: 1959 c 49 s 16; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk.
[ 1961 c 12 s 46.04.160. Prior: 1959 c 49 s 17; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Custom vehicle" means any motor vehicle that:
(1) Is at least thirty years old and of a model year after 1948 or was manufactured to resemble a vehicle at least thirty years old and of a model year after 1948; and
(2) Has alterations to one or more of the major component parts listed in RCW 46.80.010 that change the appearance or performance of the vehicle from the original manufacturer's design or has a body constructed from nonoriginal materials.
[ 2011 c 114 s 3. ]
NOTES:
Effective date—2011 c 114: See note following RCW 46.04.572.
"Data services" means the practice of providing data sets to governmental entities and businesses, as authorized or required by law.
[ 2021 c 93 s 1. ]
The term "department" shall mean the department of licensing unless a different department is specified.
[ 1979 c 158 s 126; 1975 c 25 s 4. Formerly RCW 46.04.690. ]
The term "director" shall mean the director of licensing unless the director of a different department of government is specified.
[ 1979 c 158 s 127; 1975 c 25 s 5. Formerly RCW 46.04.695. ]
"Disabled American veteran license plates" means special license plates issued to a veteran, as defined in RCW 41.04.007, who meets the requirements provided in RCW 46.18.235.
[ 2010 c 161 s 113. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Donate life license plates" means special license plates issued under RCW 46.18.200 that displays the donate life logo.
[ 2025 c 385 s 20. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Drifting" means a driver intentionally oversteers a vehicle, causing loss of traction, while maneuvering a vehicle in a turning direction.
[ 2023 c 283 s 2. ]
NOTES:
Effective date—2023 c 283: See note following RCW 46.04.367.
"Driveaway-towaway operation" means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported when one set or more wheels of any such vehicle are on the roadway during the course of transportation, whether or not any such vehicle furnishes the motive power.
[ 1963 c 154 s 27. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
Whenever the term "driver education" is used in the code, it shall be defined to mean "traffic safety education".
[ 1969 ex.s. c 218 s 12. Formerly RCW 46.04.700. ]
"Driving privilege withheld" means that the department has revoked, suspended, or denied a person's Washington state driver's license, permit to drive, driving privilege, or nonresident driving privilege.
[ 1999 c 6 s 2. ]
NOTES:
Intent—1999 c 6: "(1) This act is intended to edit some of the statutes relating to driver's licenses in order to make those statutes more comprehensible to the citizenry of the state of Washington. The legislature does not intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 46.20 RCW or other statutory provisions or rules adopted under those provisions.
(2) This act is technical in nature and does not terminate or in any way modify any rights, proceedings, or liabilities, civil or criminal, that exist on July 25, 1999." [ 1999 c 6 s 1.]
(1) "Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than 750 watts. The electric-assisted bicycle must meet the requirements of one of the following three classifications:
(a) "Class 1 electric-assisted bicycle" means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
(b) "Class 2 electric-assisted bicycle" means an electric-assisted bicycle in which the motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or
(c) "Class 3 electric-assisted bicycle" means an electric-assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour and is equipped with a speedometer.
(2) "Electric-assisted bicycle" does not include:
(a) Any vehicle capable of exceeding 20 miles per hour on solely its electric motor; or
(b) Any vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured in order not to meet the requirements of an electric-assisted bicycle, whether by a mechanical switch or button, by changing a setting in software controlling the drive system, by use of an online application, or through other means intended by the manufacturer or seller.
[ 2026 c 159 s 2; 2018 c 60 s 1; 1997 c 328 s 1. ]
NOTES:
Legislative recognition—2026 c 159: "The legislature recognizes the recent proliferation of electric motorcycle use statewide, especially among teenagers and young adults. The legislature also recognizes that there is a growing need to focus on the differences between electric-assisted bicycles and electric motorcycles to provide a clear means of regulating each type of vehicle. While this work is occurring, the legislature recognizes that the current definitions of "motorcycle" and "moped" apply to many of the vehicles excluded from the "electric-assisted bicycle" definition in RCW 46.04.169." [ 2026 c 159 s 1.]
"Electric personal assistive mobility device" (EPAMD) means (1) a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour or (2) a self-balancing device with one wheel designed to transport only one person by an electric propulsion system with an average power of two thousand watts (two and two-thirds horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system, of less than twenty miles per hour.
[ 2015 c 145 s 2; 2002 c 247 s 1. ]
NOTES:
Finding—2015 c 145: "The legislature finds that at least two companies in Washington have developed a one-wheeled device for people to use to travel from place to place. These devices are unregulated and can travel wherever and however they like. By adding these devices to the definition of an electric personal assistive mobility device, they become regulated and local communities can determine locations that are appropriate for their use." [ 2015 c 145 s 1.]
Legislative review—2002 c 247: "The legislature shall review the provisions of this act and make any necessary changes by July 1, 2005." [ 2002 c 247 s 9.]
"Electronic commerce" may include, but is not limited to, transactions conducted over the Internet or by telephone or other electronic means.
[ 2004 c 249 s 1. ]
"Empty scale weight" means the weight of a vehicle as it stands without a load.
[ 2010 c 161 s 114. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Endangered wildlife license plates" means special license plates that display a symbol or artwork symbolizing endangered wildlife in Washington state.
[ 2010 c 161 s 115. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Excessive speeding" means traveling at:
(1) 10 miles per hour or greater in excess of the posted speed limit, if the posted speed limit is 40 miles per hour or less; and
(2) 20 miles per hour or greater in excess of the posted speed limit, if the posted speed limit is greater than 40 miles per hour.
[ 2025 c 228 s 2. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
"Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing or combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
[ 1961 c 12 s 46.04.170. Prior: 1959 c 49 s 18; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. Cf. 1951 c 102 s 3. ]
"Facial recognition matching system" means a system that compares the biometric template derived from an image of an applicant or holder of a driver's license, permit, or identicard with the biometric templates derived from the images in the department's negative file.
[ 2012 c 80 s 3. ]
"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
[ 1961 c 12 s 46.04.180. Prior: 1959 c 49 s 19; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Farm vehicle" means any vehicle other than a farm tractor or farm implement which is: (1) Designed and/or used primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment, implements, farm products, supplies and/or farm labor thereon and is only incidentally operated on or moved along public highways for the purpose of going from one farm to another or between locations supporting farming operations; or (2) for purposes of RCW 46.25.050, used to transport agricultural products, farm machinery, farm supplies, or any combination of these materials to or from a farm.
[ 2013 c 299 s 3; 2012 c 130 s 1; 1967 c 202 s 1. ]
"Farmer" means any person, firm, partnership or corporation engaged in farming. If a person, firm, partnership or corporation is engaged in activities in addition to that of farming, the definition shall only apply to that portion of the activity that is defined as farming in RCW 46.04.183.
[ 1969 ex.s. c 281 s 58. ]
"Farming" means the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (except forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices performed on a farm as an incident to or in conjunction with such farming operations.
[ 1969 ex.s. c 281 s 59. ]
"Firefighter memorial license plates" means special license plates issued under RCW 46.18.200 that display the Maltese cross with the words "never forget."
[ 2025 c 385 s 19. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Fixed load vehicle" means a commercial vehicle that has a structure or machinery permanently attached such as, but not limited to, an air compressor, a bunk house, a conveyor, a cook house, a donkey engine, a hoist, a rock crusher, a tool house, or a well drilling machine. Fixed load vehicles are not capable of carrying any additional load other than the structure or machinery permanently attached.
[ 2010 c 161 s 116. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Flammable liquid" means any liquid which has a flash point of 70° Fahrenheit, or less, as determined by a Tagliabue or equivalent closed cup test device.
[ 1961 c 12 s 46.04.210. Prior: 1959 c 49 s 22; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. Cf. 1951 c 102 s 3. Formerly RCW 46.04.210. ]
"For hire vehicle" means any motor vehicle used for the transportation of persons for compensation, except auto stages and ride-sharing vehicles.
[ 1979 c 111 s 13; 1961 c 12 s 46.04.190. Prior: 1959 c 49 s 20; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Severability—1979 c 111: See note following RCW 46.74.010.
Ride sharing: Chapter 46.74 RCW.
"Former prisoner of war license plates" means special license plates that may be issued to former prisoners of war as authorized under RCW 46.18.235.
[ 2010 c 161 s 117. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Fred Hutch license plates" means special license plates issued under RCW 46.18.200 that display the logo of the Fred Hutchinson cancer research center.
[ 2017 c 25 s 4. ]
NOTES:
Effective date—2017 c 25: See note following RCW 46.18.200.
"Garbage truck" means a truck specially designed and used exclusively for garbage or refuse operations.
[ 1983 c 68 s 1. ]
"Golf cart" means a gas-powered or electric-powered four-wheeled vehicle originally designed and manufactured for operation on a golf course for sporting purposes and has a speed attainable in one mile of not more than twenty miles per hour. A golf cart is not a nonhighway vehicle or off-road vehicle as defined in RCW 46.04.365.
[ 2011 c 171 s 12; 2010 c 217 s 3. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Gonzaga University alumni association license plates" means license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the efforts of the Gonzaga University alumni association in Washington state.
[ 2011 c 171 s 13; 2005 c 85 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Gross vehicle weight rating" means the value specified by the manufacturer as the maximum load weight of a single vehicle.
[ 2010 c 161 s 118. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Helping Kids Speak license plates" means license plates that display a symbol of an organization that supports programs that provide free diagnostic and therapeutic services to children who have a severe delay in language or speech development.
[ 2004 c 48 s 2. ]
Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
[ 1965 ex.s. c 155 s 87. Formerly RCW 46.04.431. ]
"Historical throwback license plates" means special license plates issued under RCW 46.18.200 that display white lettering on a black background in a style similar to historical license plates issued in the early 20th century.
[ 2025 c 385 s 22. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Horseless carriage license plate" is a special license plate that may be assigned to a vehicle manufactured or built before January 1, 1916, and meets the qualifications listed in RCW 46.18.255.
[ 2025 c 332 s 2; 2017 c 147 s 1; 2010 c 161 s 120. ]
NOTES:
Effective date—2025 c 332: See note following RCW 46.18.255.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Hours of darkness" means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of five hundred feet.
[ 1961 c 12 s 46.04.200. Prior: 1959 c 49 s 21; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Hybrid motor vehicle" means a motor vehicle that uses multiple power sources or fuel types for propulsion and meets the federal definition of a hybrid motor vehicle.
[ 2010 c 161 s 121. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) "Identity information" means information that identifies an individual, or may be used to determine the identity of an individual, including:
(a) Federal tax identification number or employer identification number;
(b) Residential and mailing address, but not the five-digit zip code;
(c) Email address;
(d) Telephone number;
(e) Registered and legal vehicle owner name;
(f) Gender;
(g) Place of birth;
(h) Voter information status; and
(i) Selective service information.
(2) "Personal information" has the same meaning as in RCW 42.56.590.
[ 2021 c 93 s 2. ]
"Ignition interlock device" means breath alcohol analyzing ignition equipment or other biological or technical device certified in conformance with RCW 43.43.395 and rules adopted by the state patrol and designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage.
[ 2010 c 268 s 1; 2005 c 200 s 1; 1997 c 229 s 9; 1994 c 275 s 23; 1987 c 247 s 3. Formerly RCW 46.20.730. ]
NOTES:
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
"Ignition interlock driver's license" means a permit issued to a person by the department that allows the person to operate a noncommercial motor vehicle with an ignition interlock device while the person's regular driver's license is suspended, revoked, or denied.
[ 2008 c 282 s 1. ]
"Intelligent speed assistance device" means a technical device designed to be installed within a motor vehicle to actively monitor and prevent the driver from exceeding a preset limit. "Intelligent speed assistance device" does not include any technology that is provided by the vehicle manufacturer as a component of a new motor vehicle and that controls or affects the speed of a motor vehicle.
[ 2025 c 228 s 3. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
(1) "Intersection area" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none then the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
(3) The junction of an alley with a street or highway shall not constitute an intersection.
[ 1975 c 62 s 4; 1961 c 12 s 46.04.220. Prior: 1959 c 49 s 23; prior: 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Intersection control area" means intersection area, together with such modification of the adjacent roadway area as results from the arc of curb corners and together with any marked or unmarked crosswalks adjacent to the intersection.
[ 1961 c 12 s 46.04.240. Prior: 1959 c 49 s 25; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Keep Kids Safe license plates" means license plates issued under RCW 46.18.200 that display artwork recognizing efforts to prevent child abuse and neglect in Washington state.
[ 2011 c 171 s 14; 2005 c 53 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Keep Washington evergreen license plate" means special license plates issued under RCW 46.18.200 that display green lettering on a white background in a style similar to the license plates issued by the department in the 1970s.
[ 2025 c 385 s 9. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Kit vehicle" means a passenger car or light truck assembled from a manufactured kit, and is either (1) a complete kit consisting of a prefabricated body and chassis used to construct a new vehicle, or (2) a kit consisting of a prefabricated body to be mounted on an existing vehicle chassis and drivetrain, commonly referred to as a donor vehicle.
[ 1996 c 225 s 5. ]
NOTES:
Finding—1996 c 225: See note following RCW 46.04.125.
"Laned highway" means a highway the roadway of which is divided into clearly marked lanes for vehicular traffic.
[ 1961 c 12 s 46.04.260. Prior: 1959 c 49 s 27; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Law enforcement memorial license plates" means license plates issued under RCW 46.18.200 that display a symbol honoring law enforcement officers in Washington killed in the line of duty.
[ 2011 c 171 s 15; 2004 c 221 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Legal owner" means a person having a security interest in a vehicle perfected in accordance with chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest.
[ 1975 c 25 s 1; 1961 c 12 s 46.04.270. Prior: 1959 c 49 s 28; prior: 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. ]
"LeMay-America's Car Museum license plates" means special license plates issued under RCW 46.18.200 that display the LeMay-America's car museum logo, name, or related image.
[ 2025 c 385 s 11. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"License plate" means a plate that may be issued to a vehicle owner by the department or by an authorized entity for vehicle licensing or identification purposes. "License plates" do not include: (1) Temporary license plates; or (2) metal tags issued for the purposes of licensing wheeled all-terrain vehicles.
[ 2022 c 132 s 1. ]
NOTES:
Effective date—2022 c 132: "This act takes effect July 1, 2023." [ 2022 c 132 s 8.]
"Light truck" means a motor vehicle manufactured as a truck with a declared gross weight of twelve thousand pounds or less.
[ 2010 c 161 s 122. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) "Lightweight stud" means a stud intended for installation and use in a vehicle tire. As used in this title, this means a stud that is recommended by the manufacturer of the tire for the type and size of the tire and that:
(a) Weighs no more than 1.5 grams if the stud conforms to Tire Stud Manufacturing Institute (TSMI) stud size 14 or less;
(b) Weighs no more than 2.3 grams if the stud conforms to TSMI stud size 15 or 16; or
(c) Weighs no more than 3.0 grams if the stud conforms to TSMI stud size 17 or larger.
(2) A lightweight stud may contain any materials necessary to achieve the lighter weight.
(3) Subsection (1) of this section does not apply to retractable studs as described in RCW 46.37.420.
[ 2007 c 140 s 1; 1999 c 219 s 1. ]
"Limousine" means a category of for hire, chauffeur-driven, unmetered, unmarked luxury motor vehicles. The director in consultation with the Washington state patrol will by rule define the categories of limousines.
[ 2006 c 98 s 1; 1996 c 87 s 2. ]
NOTES:
Effective date—2006 c 98: "This act takes effect November 1, 2006." [ 2006 c 98 s 2.]
"Limousine carrier" means a person engaged in the transportation of a person or group of persons, who, under a single contract, acquires, on a prearranged basis, the use of a limousine to travel to a specified destination or for a particular itinerary. The term "prearranged basis" refers to the manner in which the carrier dispatches vehicles.
[ 1996 c 87 s 3. ]
"Local authorities" includes every county, municipal, or other local public board or body having authority to adopt local police regulations under the Constitution and laws of this state.
[ 1961 c 12 s 46.04.280. Prior: 1959 c 49 s 29; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Marked crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof.
[ 1961 c 12 s 46.04.290. Prior: 1959 c 49 s 30; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Market value threshold amount" means an amount set by rule by the department that is used to determine, together with the age of the vehicle, whether vehicle certificates of title for vehicles aged six years through twenty years should be identified as having been previously destroyed or reported as an insurance total loss.
[ 2010 c 161 s 123. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Medal of Honor" means the Medal of Honor military decoration presented by the president of the United States, in the name of congress.
[ 2014 c 181 s 4. ]
"Medium-speed electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than twenty-five miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500.
[ 2010 c 144 s 1; 2007 c 510 s 2. ]
NOTES:
Effective date—2007 c 510: See note following RCW 46.04.320.
"Metal tire" includes every tire, the bearing surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
[ 1961 c 12 s 46.04.300. Prior: 1959 c 49 s 31; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Military affiliate radio system license plates" means special license plates displaying official military affiliate radio system call letters assigned by the United States department of defense.
[ 2010 c 161 s 124. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Mobile home" or "manufactured home" means a structure, designed and constructed to be transportable in one or more sections, and is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must comply with the national mobile home construction and safety standards act of 1974 as adopted by chapter 43.22 RCW if applicable. Manufactured home does not include a modular home. A structure which met the definition of a "manufactured home" at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.
[ 1993 c 154 s 1. Prior: 1989 c 343 s 24; 1989 c 337 s 1; 1977 ex.s. c 22 s 1; 1971 ex.s. c 231 s 4. ]
NOTES:
Effective date—1989 c 343: See RCW 65.20.950.
Severability—1977 ex.s. c 22: "If any section or provision of this 1977 amendatory act, or its application to any person or circumstances is held invalid, the remainder of the act, or the application of the section or provision to other persons or circumstances is not affected." [ 1977 ex.s. c 22 s 10.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
"Modular home" means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, does not contain its own running gear, and must be mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home.
[ 1990 c 250 s 17; 1971 ex.s. c 231 s 5. ]
NOTES:
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
"Moped" means a motorized device designed to travel with not more than three wheels in contact with the ground and having an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than thirty miles per hour on level ground.
[ 2009 c 275 s 1; 1990 c 250 s 18; 1987 c 330 s 702; 1979 ex.s. c 213 s 1. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
"Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle.
[ 1990 c 250 s 19; 1971 ex.s. c 231 s 3. ]
NOTES:
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
"Motor truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals.
[ 1961 c 12 s 46.04.310. Prior: 1959 c 49 s 32; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
(1) "Motor vehicle" means a vehicle that is self-propelled or a vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(2) "Motor vehicle" includes:
(a) A neighborhood electric vehicle as defined in RCW 46.04.357;
(b) A medium-speed electric vehicle as defined in RCW 46.04.295; and
(c) A golf cart for the purposes of chapter 46.61 RCW.
(3) "Motor vehicle" excludes:
(a) An electric personal assistive mobility device;
(b) A power wheelchair;
(c) A golf cart, except as provided in subsection (2) of this section;
(d) A moped, for the purposes of chapter 46.70 RCW; and
(e) A personal delivery device as defined in RCW 46.75.010.
[ 2019 c 214 s 6; 2010 c 217 s 1; 2007 c 510 s 1. Prior: 2003 c 353 s 1; 2003 c 141 s 2; 2002 c 247 s 2; 1961 c 12 s 46.04.320; prior: 1959 c 49 s 33; 1955 c 384 s 10; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
Effective date—2007 c 510: "This act takes effect August 1, 2007." [ 2007 c 510 s 6.]
Effective date—2003 c 353: "This act takes effect August 1, 2003." [ 2003 c 353 s 12.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
"Motorcycle" means a motor vehicle designed to travel on not more than three wheels, not including any stabilizing conversion kits, on which the driver:
(1) Rides on a seat or saddle and the motor vehicle is designed to be steered with a handlebar; or
(2) Rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and the motor vehicle is designed to be steered with a steering wheel.
"Motorcycle" excludes a farm tractor, a power wheelchair, an electric personal assistive mobility device, a motorized foot scooter, an electric-assisted bicycle, and a moped.
[ 2013 c 174 s 1; 2009 c 275 s 2; 2003 c 141 s 3; 2002 c 247 s 3; 1990 c 250 s 20; 1979 ex.s. c 213 s 2; 1961 c 12 s 46.04.330. Prior: 1959 c 49 s 34; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; 1915 c 142 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Legislative review—2002 c 247: See note following RCW 46.04.1695.
"Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor that produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A motor-driven cycle does not include a moped, a power wheelchair, a motorized foot scooter, or an electric personal assistive mobility device.
[ 2003 c 353 s 7; 2003 c 141 s 4; 2002 c 247 s 4; 1979 ex.s. c 213 s 3; 1963 c 154 s 28. ]
NOTES:
Reviser's note: This section was amended by 2003 c 141 s 4 and by 2003 c 353 s 7, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Effective date—1963 c 154: See note following RCW 46.37.010.
"Motorized foot scooter" means a device with two or three wheels that has handlebars, a floorboard that can be stood upon while riding, and is powered by an internal combustion engine or electric motor that has a maximum speed of no greater than twenty miles per hour on level ground.
For purposes of this section, a motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.
[ 2019 c 170 s 1; 2009 c 275 s 3; 2003 c 353 s 6. ]
NOTES:
Effective date—2003 c 353: See note following RCW 46.04.320.
"Mount St. Helens license plates" means special license plates issued under RCW 46.18.200 that display an image of Mount St. Helens.
[ 2025 c 385 s 12. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Muffler" means a device consisting of a series of chambers, or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom.
[ 1961 c 12 s 46.04.340. Prior: 1959 c 49 s 35; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Multiple lane highway" means any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the same direction, each lane of which shall be not less than the maximum legal vehicle width and whether or not such lanes are marked.
[ 1975 c 62 s 5; 1961 c 12 s 46.04.350. Prior: 1959 c 49 s 36; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
Municipal transit vehicle includes every motor vehicle, streetcar, train, trolley vehicle, and any other device, which (1) is capable of being moved within, upon, above, or below a public highway, (2) is owned or operated by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state, and (3) is used for the purpose of carrying passengers together with incidental baggage and freight on a regular schedule.
[ 2004 c 118 s 2; 1984 c 167 s 2; 1974 ex.s. c 76 s 4. ]
NOTES:
Unlawful conduct in a transit vehicle: RCW 9.91.025.
"Music Matters license plates" means special license plates issued under RCW 46.18.200 that display the "Music Matters" logo.
[ 2011 c 229 s 2. ]
NOTES:
Effective date—2011 c 229: See note following RCW 46.18.200.
"Natural person" means a human being.
[ 2010 c 161 s 125. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Nautical Northwest license plates" means special license plates issued under RCW 46.18.200 that display a Northwest maritime scene.
[ 2025 c 385 s 13. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
[ 2003 c 353 s 2. ]
NOTES:
Effective date—2003 c 353: See note following RCW 46.04.320.
"New motor vehicle" means any motor vehicle that (1) is self-propelled and is required to be registered and titled under this title, (2) has not been previously titled to a retail purchaser or lessee, and (3) is not a used vehicle as defined under RCW 46.04.660.
[ 2010 c 161 s 126. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Nonresident" means any person whose residence is outside this state and who is temporarily sojourning within this state.
[ 1961 c 12 s 46.04.360. Prior: 1959 c 49 s 37; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Off-road motorcycle" means a motorcycle as defined in RCW 46.04.330 that is labeled by the manufacturer's statement or certificate of origin as intended for "off-road use only" or a similar message stamped into the frame of the motorcycle, contained in the owner's manual, or affixed to any part of the motorcycle.
[ 2011 c 121 s 1. ]
NOTES:
Effective date—2011 c 121: "This act takes effect January 1, 2012." [ 2011 c 121 s 5.]
"Off-road vehicle" or "ORV" means a nonstreet registered vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. "Off-road vehicle" or "ORV" includes, but is not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, and dune buggies.
[ 2010 c 161 s 127. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Off-street facility" means a location typically held open for use by the public for parking vehicles, ingress and egress, or used for commercial purposes. Use of such locations falls under chapter 283, Laws of 2023 when used for illegal racing when such use is without the express permission of the owner of the facility.
[ 2023 c 283 s 1. ]
NOTES:
Effective date—2023 c 283: "This act takes effect January 1, 2024." [ 2023 c 283 s 9.]
"Operator or driver" means every person who drives or is in actual physical control of a vehicle.
[ 1975 c 62 s 6; 1967 c 32 s 1; 1961 c 12 s 46.04.370. Prior: 1959 c 49 s 38; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Organ transport vehicle" means any vehicle operated or contracted by an organ procurement organization as defined in RCW 68.64.010, and clearly and identifiably marked as such on all sides of the vehicle.
[ 2023 c 290 s 1. ]
"ORV registration" means a registration certificate or decal issued under the laws of this state pertaining to the registration of off-road vehicles under chapter 46.09 RCW.
[ 2010 c 161 s 128. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Owner" means a person who has a lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner.
[ 1975 c 25 s 2; 1961 c 12 s 46.04.380. Prior: 1959 c 49 s 39; prior: 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Ownership in doubt" means that a vehicle or vessel owner is unable to obtain satisfactory evidence of ownership or releases of interest and is permitted to apply for a three-year registration period without a certificate of title or a three-year period with a bond covering the certificate of title.
[ 2010 c 161 s 129. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
[ 1975 c 62 s 9. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
NOTES:
Reviser's note: RCW 46.01.3815 was amended by 2011 c 171 s 16 without reference to its repeal by 2011 c 114 s 10. It has been decodified for publication purposes under RCW 1.12.025.
"Passenger car" means every motor vehicle except motorcycles and motor-driven cycles, designed for carrying ten passengers or less and used for the transportation of persons.
[ 1963 c 154 s 29. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) "Patches pal license plates" means special license plates issued under RCW 46.18.200 that display the likenesses of the J.P. Patches and Gertrude characters from the J.P. Patches show, or children's characters that are changed in accordance with subsection (2) of this section.
(2) Beginning October 1, 2031, and each decade thereafter, the Seattle children's hospital may consult with the department regarding the design of the Patches pal license plate to determine whether the current design is the best design to support the Seattle children's hospital strong against cancer program in the following 10-year time period. Following this consultation, if Seattle children's hospital determines that another group of appropriate children's characters would better support the program due to public interest at the time, Seattle children's hospital may request a redesign of the Patches pal license plate with these new characters and a new corresponding plate name. The costs associated with this consultation and redesign may be paid from the proceeds from the special license plate sales or else shall be covered by Seattle children's hospital as the sponsoring organization.
[ 2022 c 239 s 4. ]
NOTES:
Effective date—2022 c 239: See note following RCW 46.17.220.
"Personalized license plates" means license plates that display the license plate number assigned to the vehicle or camper for which the license plate number was issued in a combination of letters or numbers, or both, requested by the owner of the vehicle or camper in accordance with chapter 46.18 RCW.
[ 2010 c 161 s 131. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Pedestrian" means any person who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power other than a bicycle.
[ 2003 c 141 s 5; 1990 c 241 s 1; 1961 c 12 s 46.04.400. Prior: 1959 c 49 s 41; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Person" includes every natural person, firm, copartnership, corporation, association, or organization.
[ 1961 c 12 s 46.04.405. Prior: 1959 c 49 s 42; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Photograph," along with the terms "picture" and "negative," means a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital data imaging.
[ 1990 c 250 s 21. ]
"Pneumatic tires" includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.
[ 1961 c 12 s 46.04.410. Prior: 1959 c 49 s 43; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, logs or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
[ 1961 c 12 s 46.04.414. Prior: 1959 c 49 s 44; prior: 1951 c 56 s 1. ]
Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
[ 1965 ex.s. c 155 s 89. Formerly RCW 46.04.391. ]
"Power wheelchair" means any self-propelled vehicle capable of traveling no more than fifteen miles per hour, usable indoors, designed as a mobility aid for individuals with mobility impairments, and operated by such an individual.
[ 2003 c 141 s 1. ]
NOTES:
Wheelchair conveyance: RCW 46.04.710.
"Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more persons) used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose. Such term does not include buses operated by common carriers under a franchise granted by any city or town or the Washington public utilities commission.
[ 1970 ex.s. c 100 s 3. ]
"Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.
[ 1961 c 12 s 46.04.420. Prior: 1959 c 49 s 45; prior: 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Private use single-axle trailer" means a trailer owned by a natural person and used for the private noncommercial use of the owner.
[ 2010 c 161 s 132. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Professional firefighters and paramedics license plates" means license plates issued under RCW 46.18.200 that display a symbol denoting professional firefighters and paramedics.
[ 2011 c 171 s 17; 2004 c 35 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Public scale" means every scale under public or private ownership which is certified as to its accuracy and which is available for public weighing.
[ 1961 c 12 s 46.04.435. Prior: 1959 c 49 s 47. ]
"Purple heart license plates" means special license plates that may be assigned to a motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, to recipients of the Purple Heart medal or to another qualified person.
[ 2011 c 332 s 2; 2010 c 161 s 133. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Railroad" means a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside cities and towns.
[ 1961 c 12 s 46.04.440. Prior: 1959 c 49 s 48; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
[ 1961 c 12 s 46.04.450. Prior: 1959 c 49 s 49; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Reasonable grounds," when used in the context of a law enforcement officer's decision to make an arrest, means probable cause.
[ 1995 c 332 s 19. ]
NOTES:
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
"Registered owner" means the person whose lawful right of possession of a vehicle has most recently been recorded with the department.
[ 1975 c 25 s 3; 1961 c 12 s 46.04.460. Prior: 1959 c 49 s 50; prior: 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. ]
"Registration" means the registration certificate or license plates issued under the laws of this state pertaining to the registration of vehicles.
[ 2010 c 161 s 134. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Renewal notice" means the notice to renew a vehicle registration sent to the registered owner by the department.
[ 2010 c 161 s 135. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) "Rental car" means a passenger car, as defined in RCW 46.04.382, that is used solely by a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than thirty consecutive days.
(2) "Rental car" does not include:
(a) Vehicles rented or loaned to customers by automotive repair businesses while the customer's vehicle is under repair;
(b) Vehicles licensed and operated as taxicabs.
[ 1992 c 194 s 1. ]
NOTES:
Effective dates—1992 c 194: See note following RCW 46.04.466.
"Rental car business" means a person engaging within this state in the business of renting rental cars, as determined under rules of the department of licensing.
[ 1992 c 194 s 5. ]
NOTES:
Effective dates—1992 c 194: "(1) Sections 1 through 3 of this act are 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 June 1, 1992.
(2) Sections 4 through 13 of this act shall take effect January 1, 1993." [ 1992 c 194 s 14.]
"Rental trailer" means a trailer, as defined in RCW 46.04.620, that is used solely by a rental car business for rental to others for periods of not more than thirty consecutive days.
[ 2020 c 11 s 2. ]
"Report of sale" means a document or electronic record transaction that when properly completed and filed protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change in ownership has occurred.
[ 2010 c 161 s 136. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Residence district" means the territory contiguous to and including a public highway not comprising a business district, when the property on such public highway for a continuous distance of three hundred feet or more on either side thereof is in the main improved with residences or residences and buildings in use for business.
[ 1961 c 12 s 46.04.470. Prior: 1959 c 49 s 51; prior: 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Revoke," in all its forms, means the invalidation for a period of one year and thereafter until reissue. However, under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, or 46.61.5055, and chapters 46.32 and 46.65 RCW, the invalidation may last for a period other than one year.
[ 2025 c 23 s 1; 2007 c 419 s 4; 1995 c 332 s 10; 1994 c 275 s 38; 1988 c 148 s 8; 1985 c 407 s 1; 1983 c 165 s 14; 1983 c 165 s 13; 1979 c 62 s 7; 1961 c 12 s 46.04.480. Prior: 1959 c 49 s 52; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: "Sections 1 through 4 and 6 through 14 of this act take effect October 1, 2025." [ 2025 c 23 s 17.]
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.
Effective dates—1985 c 407: "Sections 2 and 4 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985. The remainder of the act shall take effect January 1, 1986." [ 1985 c 407 s 8.]
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Severability—1979 c 62: See note following RCW 46.65.020.
"Ride share license plates" means special license plates issued for motor vehicles that are used primarily for commuter ride sharing as defined in *RCW 46.74.010.
[ 2010 c 161 s 137. ]
NOTES:
*Reviser's note: RCW 46.74.010 was amended by 2021 c 135 s 2, deleting the definition of "commuter ride sharing."
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Road tractor" includes every motor vehicle designed and used primarily as a road building vehicle in drawing road building machinery and devices.
[ 1961 c 12 s 46.04.490. Prior: 1959 c 49 s 53; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term "roadway" shall refer to any such roadway separately but shall not refer to all such roadways collectively.
[ 1977 c 24 s 1; 1961 c 12 s 46.04.500. Prior: 1959 c 49 s 54; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible.
[ 1961 c 12 s 46.04.510. Prior: 1959 c 49 s 55; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Salvage vehicle" means a vehicle whose certificate of title has been surrendered to the department under RCW 46.12.600 due to the vehicle's destruction or declaration as a total loss or for which there is documentation indicating that the vehicle has been declared salvage or has been damaged to the extent that the owner, an insurer, or other person acting on behalf of the owner, has determined that the cost of parts and labor plus the salvage value has made it uneconomical to repair the vehicle. "Salvage vehicle" does not include a motor vehicle having a model year designation of a calendar year that is at least six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged, unless, after June 13, 2002, and immediately before the vehicle was wrecked, destroyed, or damaged, the vehicle had a retail fair market value of at least the then market value threshold amount and has a model year designation of a calendar year not more than twenty years before the calendar year in which the vehicle was wrecked, destroyed, or damaged.
[ 2010 c 161 s 138. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"San Juan Islands license plates" means license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the San Juan Islands in Washington state.
[ 2019 c 177 s 4. ]
NOTES:
Effective date—2019 c 177: See note following RCW 46.18.200.
"Scale weight" means the weight of a vehicle without a load.
[ 2010 c 161 s 139. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
School bus means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of "Specifications for School Buses" published by the state superintendent of public instruction, but does not include buses operated by common carriers in urban transportation of school children or private carrier buses operated as school buses in the transportation of children to and from private schools or school activities.
[ 1995 c 141 s 1; 1965 ex.s. c 155 s 90. ]
"Seattle Mariners license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the Seattle Mariners.
[ 2018 c 67 s 7. ]
NOTES:
Effective date—2018 c 67 ss 3-8: See note following RCW 46.17.220.
"Seattle NHL hockey special license plates" means special license plates issued under RCW 46.18.200 that display the logo of the national hockey league team based in Seattle.
[ 2020 c 129 s 4. ]
NOTES:
Effective date—2020 c 129: See note following RCW 46.17.220.
"Seattle Reign FC license plates" means special license plates issued under RCW 46.18.200 that display the logo of the Seattle Reign FC.
[ 2025 c 385 s 17. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Seattle Seahawks license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the Seattle Seahawks.
[ 2013 c 286 s 7. ]
NOTES:
Effective date—2013 c 286: See note following RCW 46.18.200.
"Seattle Sounders FC license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing Seattle Sounders FC.
[ 2013 c 286 s 6. ]
NOTES:
Effective date—2013 c 286: See note following RCW 46.18.200.
"Seattle University license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing Seattle University.
[ 2014 c 6 s 5. ]
NOTES:
Effective date—2014 c 6: See note following RCW 46.18.200.
"Secured party" has the same meaning as in *RCW 62A.1-201.
[ 2010 c 161 s 140. ]
NOTES:
*Reviser's note: The reference to RCW 62A.1-201 appears to be erroneous. Reference to RCW 62A.9A-102 was apparently intended.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Security interest" has the same meaning as in RCW 62A.1-201.
[ 2010 c 161 s 141. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle, or truck tractor.
[ 1979 ex.s. c 149 s 1; 1961 c 12 s 46.04.530. Prior: 1959 c 49 s 57; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
"Share the road license plates" means special license plates displaying a symbol or artwork recognizing an organization that promotes bicycle safety and awareness education. Share the road license plates commemorate the life of Cooper Jones.
[ 2010 c 161 s 142. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.
[ 1961 c 12 s 46.04.540. Prior: 1959 c 49 s 58; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Ski & ride Washington license plates" means special license plates displaying a symbol or artwork recognizing the Washington snowsports industry.
[ 2010 c 161 s 143. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Smokey Bear license plates" means special license plates issued under RCW 46.18.200 that display the name, image, and likeness of Smokey Bear promoting wildfire prevention and the state department of natural resources' wildland wildfire program.
[ 2025 c 385 s 14. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Snow bike" means a motorcycle or off-road motorcycle that has been modified with a conversion kit to include (1) an endless belt tread or cleats or similar means for the purposes of propulsion on snow and (2) a ski or sled type runner for the purposes of steering.
[ 2019 c 262 s 4. ]
NOTES:
Effective date—2019 c 262: See note following RCW 46.16A.460.
"Snowmobile" means a self-propelled vehicle that is capable of traveling over snow or ice that (1) utilizes as its means of propulsion an endless belt tread or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, (2) is steered wholly or in part by skis or sled type runners, and (3) is not otherwise registered as, or subject to, the motor vehicle excise tax in the state of Washington.
[ 2010 c 161 s 145. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Solid tire" includes every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load thereon.
[ 1961 c 12 s 46.04.550. Prior: 1959 c 49 s 59; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
(1) "Special highway construction equipment" means any vehicle that is (a) designed and used primarily for the grading of highways, the paving of highways, earthmoving, and other construction work on highways, (b) not designed or used primarily to transport persons or property on a public highway, and (c) only incidentally operated or moved over the highway.
(2) "Special highway construction equipment" includes, but is not limited to, road construction and maintenance machinery that is designed and used for the purposes described under subsection (1) of this section, such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earthmoving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, and self-propelled and tractor-drawn earthmoving equipment and machinery, including dump trucks and tractor-dump trailer combinations that (a) are in excess of the legal width, (b) because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (c) are driven or moved upon a public highway only for the purpose of crossing the highway from one property to another, provided that the movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads that will not damage the roadway surface.
[ 2010 c 161 s 144. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earthmoving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.
[ 1973 1st ex.s. c 17 s 1; 1972 ex.s. c 5 s 1; 1963 c 154 s 30. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
"Sport utility vehicle" means a high performance motor vehicle weighing six thousand pounds or less, designed to carry ten passengers or less or designated as a sport utility vehicle by the manufacturer.
[ 2010 c 161 s 146. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Square dancer license plates" means special license plates displaying a symbol of square dancers.
[ 2010 c 161 s 147. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
[ 1975 c 62 s 10. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Standard issue license plates" means license plates that are held for general issue, and does not mean personalized license plates or any other special license plate.
[ 2010 c 161 s 148. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"State flower license plates" means special license plates issued under RCW 46.18.200 that display the Washington state flower.
[ 2012 c 65 s 3. ]
NOTES:
Effective date—2012 c 65: See note following RCW 46.18.200.
"State highway" includes every highway or part thereof, which has been designated as a state highway or branch thereof, by legislative enactment.
[ 1975 c 62 s 7; 1961 c 12 s 46.04.560. Prior: 1959 c 49 s 60; prior: 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"State sport license plates" means special license plates issued under RCW 46.18.200 that recognize the state sport of pickleball.
[ 2025 c 385 s 16. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Stop" when required means complete cessation from movement.
[ 1975 c 62 s 11. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Stop or stopping" when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
[ 1975 c 62 s 12. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Streetcar" means a vehicle other than a train for transporting persons or property and operated upon stationary rails principally within cities and towns.
[ 1961 c 12 s 46.04.570. Prior: 1959 c 49 s 61; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Street rod vehicle" means a motor vehicle that:
(1) Is a 1948 or older vehicle or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and
(2) Has alterations to one or more of the major component parts listed in RCW 46.80.010 that change the appearance or performance of the vehicle from the original manufacturer's design or has a body constructed from nonoriginal materials.
[ 2011 c 114 s 1. ]
NOTES:
Effective date—2011 c 114: "This act takes effect October 1, 2011." [ 2011 c 114 s 11.]
"Subagency" means the licensing office in which vehicle title and registration functions are carried out by a subagent.
[ 2010 c 161 s 149. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Subagent" means a person or governmental entity recommended by a county auditor or other agent and who is appointed by the director to provide vehicle registration and certificate of title services under contract with the county auditor or other agent.
[ 2010 c 161 s 150. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Suspend," in all its forms and unless a different period is specified, means invalidation for any period less than one year and thereafter until reinstatement.
[ 2025 c 23 s 2; 1994 c 275 s 28; 1990 c 250 s 22; 1961 c 12 s 46.04.580. Prior: 1959 c 49 s 62; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
"Tab" or "license tab" means a sticker issued by the department and affixed to the rear license plate to identify the vehicle license expiration month and year for a specific vehicle.
[ 2010 c 161 s 151. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Tandem axle" means any two or more consecutive axles whose centers are less than seven feet apart.
[ 1988 c 6 s 1; 1979 ex.s. c 149 s 2. ]
"Temporarily sojourning," as the term is used in chapter 46.04 RCW, shall be construed to include any nonresident who is within this state for a period of not to exceed six months in any one year.
[ 1961 c 12 s 46.04.585. Prior: 1959 c 49 s 63; prior: 1955 c 89 s 6. ]
"Temporary license plate" means a plate or placard that may be issued to a vehicle owner by the department or by an authorized entity for the purposes of temporary vehicle licensing.
[ 2022 c 132 s 2. ]
NOTES:
Effective date—2022 c 132: See note following RCW 46.04.2701.
"Temporary operating authority" means a paper or electronic credential issued under chapter 46.87 RCW that conforms with the international registration plan requirements for temporary evidence of apportioned registration.
[ 2022 c 132 s 3. ]
NOTES:
Effective date—2022 c 132: See note following RCW 46.04.2701.
"THC concentration" means nanograms of delta-9 tetrahydrocannabinol per milliliter of a person's whole blood. THC concentration does not include measurement of the metabolite THC-COOH, also known as carboxy-THC.
[ 2013 c 3 s 3 (Initiative Measure No. 502, approved November 6, 2012). ]
NOTES:
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
"Total loss vehicle" means a vehicle that has been reported to the department as destroyed by an insurance company, self-insurer, or the vehicle owner or the owner's authorized representative.
[ 2010 c 161 s 152. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Tow dolly" means a trailer equipped with between one and three axles designed to connect to a tow bar on the rear of a motor vehicle that is used to tow another vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly.
[ 2010 c 161 s 153. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Tracked all-terrain vehicle" means any "wheeled all-terrain vehicle" as defined in RCW 46.09.310 and weighing less than two thousand pounds in stock configuration, with tracks or a combination of tracks and skis installed in place of the standard low-pressure tires.
[ 2021 c 86 s 2. ]
"Traffic" includes pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together, while using any public highways for purposes of travel.
[ 1961 c 12 s 46.04.590. Prior: 1959 c 49 s 64; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Traffic control signal" means any traffic device, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled.
[ 1961 c 12 s 46.04.600. Prior: 1959 c 49 s 65; prior: 1937 c 189 s 1, part; RRS s 6360-1, part. ]
Official traffic-control devices means all signs, signals, markings and devices not inconsistent with Title 46 RCW placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
[ 1965 ex.s. c 155 s 88. ]
"Trailer" includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle, or any portion thereof. "Trailer" does not include a cargo extension.
[ 2016 c 22 s 2; 1974 ex.s. c 76 s 3; 1961 c 12 s 46.04.620. Prior: 1959 c 49 s 67; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part; 1923 c 181 s 1, part; 1921 c 96 s 2, part; 1919 c 59 s 1, part; 1917 c 155 s 1, part; RRS s 6313, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Intent—Effective date—2016 c 22: See notes following RCW 46.04.094.
"Transit permit" means a document that authorizes a person to operate a vehicle on a public highway of this state solely for the purpose of obtaining the necessary documentation to complete and apply for a Washington certificate of title or vehicle registration. Unlimited use of the vehicle is prohibited when operated under a transit permit.
[ 2010 c 161 s 154. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Park trailer" or "park model trailer" means a travel trailer designed to be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. The trailer's gross area shall not exceed four hundred square feet when in the setup mode. "Park trailer" excludes a mobile home.
[ 1989 c 337 s 2. ]
"Share the Road license plates" means license plates that commemorate the life of Cooper Jones and display a symbol of an organization that promote[s] bicycle safety and awareness education in communities throughout Washington.
[ 2005 c 426 s 2. ]
"Signal preemption device" means a device that is capable of altering the normal operation of a traffic control signal. Any such device manufactured by a vehicle manufacturer is not a signal preemption device for purposes of this section if the primary purpose of the device is any purpose other than the preemption of traffic signals and the device's ability to alter traffic signals is unintended and incidental to the device's primary purpose.
[ 2005 c 183 s 1. ]
"Ski & Ride Washington license plates" means license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the efforts of the Washington snowsports industry in this state.
[ 2011 c 171 s 18; 2005 c 220 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Travel trailer" means a trailer built on a single chassis transportable upon the public streets and highways that is designed to be used as a temporary dwelling without a permanent foundation and may be used without being connected to utilities.
[ 1989 c 337 s 3. ]
"Train" means a vehicle propelled by steam, electricity, or other motive power with or without cars coupled thereto, operated upon stationary rails, except streetcars.
[ 1961 c 12 s 46.04.630. Prior: 1959 c 49 s 68; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Trolley vehicle" means a vehicle the motive power for which is supplied by means of a trolley line and which may or may not be confined in its operation to a certain portion of the roadway in order to maintain trolley line contact.
[ 1961 c 12 s 46.04.640. Prior: 1959 c 49 s 69; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
"Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
[ 1986 c 18 s 1; 1975 c 62 s 8; 1961 c 12 s 46.04.650. Prior: 1959 c 49 s 70; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Transportation network company" means a corporation, partnership, sole proprietorship, or other entity that operates in this state, and uses a digital network to connect passengers with transportation network company drivers to provide prearranged rides.
[ 2021 c 93 s 3. ]
"Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.
[ 1986 c 18 s 2. ]
"Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn.
[ 1986 c 18 s 3. ]
"United States Naval Academy license plates" means special license plates issued under RCW 46.18.200 that display a design related to the United States Naval Academy.
[ 2025 c 385 s 21. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Used vehicle" means a vehicle which has been sold, bargained, exchanged, given away, or title transferred from the person who first took title to it from the manufacturer or first importer, dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly known as "secondhand" within the ordinary meaning thereof.
[ 1961 c 12 s 46.04.660. Prior: 1959 c 49 s 71; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part. ]
(1) "Vehicle" means a device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway.
(2) "Vehicle" excludes:
(a) A power wheelchair or device other than a bicycle moved by human or animal power or used exclusively upon stationary rails or tracks;
(b) A moped, for the purposes of chapter 46.70 RCW;
(c) A bicycle or a motorized foot scooter, for the purposes of chapter 46.12, 46.16A, or 46.70 RCW, or for RCW 82.12.045;
(d) An electric personal assistive mobility device or a motorized foot scooter, for the purposes of chapter 46.12, 46.16A, 46.29, 46.37, or 46.70 RCW;
(e) A golf cart, except for the purposes of chapter 46.61 RCW; and
(f) A personal delivery device as defined in RCW 46.75.010, except for the purposes of chapter 46.61 RCW.
[ 2023 c 470 s 1007. Prior: 2019 c 214 s 7; 2019 c 170 s 2; 2011 c 171 s 19; prior: 2010 c 217 s 2; 2010 c 161 s 155; 2003 c 141 s 6; 2002 c 247 s 5; 1994 c 262 s 2; 1991 c 214 s 2; 1979 ex.s. c 213 s 4; 1961 c 12 s 46.04.670; prior: 1959 c 49 s 72; prior: (i) 1943 c 153 s 1, part; 1937 c 188 s 1, part; Rem. Supp. 1943 s 6312-1, part. (ii) 1937 c 189 s 1, part; RRS s 6360-1, part; 1929 c 180 s 1, part; 1927 c 309 s 2, part; RRS s 6362-2, part. ]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2019 c 214: See note following RCW 46.75.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16A.405(2), 46.17.350(1)(f).
"Vehicle license fee" means a fee collected by the state of Washington as a license fee, as that term is construed in Article II, section 40 of the state Constitution, for the act of registering a vehicle under chapter 46.16A RCW. "Vehicle license fee" does not include license plate fees, or taxes and fees collected by the department for other jurisdictions.
[ 2011 c 171 s 20; 2010 c 161 s 156. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Vehicle or pedestrian right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
[ 1975 c 62 s 13. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
"Vintage snowmobile" means a snowmobile manufactured at least thirty years ago.
[ 2010 c 161 s 157. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Washington apples license plate" means a special license plate under RCW 46.18.200 that displays the Washington apple logo.
[ 2020 c 93 s 4. ]
NOTES:
Effective date—2020 c 93: See note following RCW 46.18.200.
"Washington farmers and ranchers license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing Washington farmers and ranchers.
[ 2016 c 36 s 5. ]
NOTES:
Effective date—2016 c 36: See note following RCW 46.18.200.
"Washington honey bees and pollinators license plates" means special license plates issued under RCW 46.18.200 that display images of honey bees and pollinators.
[ 2025 c 385 s 18. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
"Washington Lighthouses license plates" means license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the efforts of lighthouse environmental programs in Washington state.
[ 2011 c 171 s 21; 2005 c 48 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Washington state aviation license plates" means special license plates issued under RCW 46.18.200 that display images of a Stearman biplane and Mount Rainier.
[ 2017 c 11 s 5. ]
NOTES:
Finding—Intent—2017 c 11: See note following RCW 46.18.200.
"Washington state parks license plates" means special license plates displaying a symbol or artwork recognizing Washington state parks as premier destinations of uncommon quality that preserve significant natural, cultural, historical, and recreational resources.
[ 2010 c 161 s 158. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Washington state wrestling license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing Washington state wrestling.
[ 2016 c 15 s 5. ]
NOTES:
Effective date—2016 c 15: See note following RCW 46.18.200.
"Washington tennis license plates" means special license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing tennis in Washington state.
[ 2016 c 16 s 5. ]
NOTES:
Effective date—2016 c 16: See note following RCW 46.18.200.
"Washington wine license plates" means special license plates issued under RCW 46.18.200 that display a landscape of Washington's wine regions.
[ 2022 c 117 s 4. ]
NOTES:
Effective date—2022 c 117: See note following RCW 46.17.220.
"Washington's fish license plate collection" means the collection of fish license plate designs. Each license plate design displays a distinct symbol or artwork, to include steelhead, recognizing the fish of Washington.
[ 2016 c 30 s 2. ]
NOTES:
Effective date—2016 c 30: See note following RCW 46.18.200.
"Washington's National Park Fund license plates" means license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the efforts of Washington's National Park Fund in preserving Washington's national parks for future generations in Washington state.
[ 2011 c 171 s 22; 2005 c 177 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Washington's wildlife license plate collection" means the collection of three separate license plate designs. Each license plate design displays a distinct symbol or artwork, to include bear, deer, and elk, recognizing the wildlife of Washington.
[ 2010 c 161 s 159. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"We love our pets license plates" means license plates issued under RCW 46.18.200 that display a symbol or artwork recognizing the efforts of the Washington state federation of animal care and control agencies in Washington state that assists local member agencies of the federation to promote and perform spay/neuter surgery of Washington state pets, in order to reduce pet overpopulation.
[ 2011 c 171 s 23; 2005 c 71 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
"Wheelchair conveyance" means any vehicle specially manufactured or designed for the transportation of a physically or medically impaired wheelchair-bound person. The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a speed range established by the state patrol. The state patrol may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria.
[ 1987 c 330 s 703; 1983 c 200 s 1. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1983 c 200: "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." [ 1983 c 200 s 7.]
Power wheelchairs: RCW 46.04.415.
Wheelchair conveyances
operator's license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
registration: RCW 46.16A.405(3).
safety standards: RCW 46.37.610.
"Wild on Washington license plates" means special license plates that display a symbol or artwork symbolizing wildlife viewing in Washington state.
[ 2010 c 161 s 161. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
"Working forests license plates" means special license plates issued under RCW 46.18.200 that display images embodying working forests.
[ 2025 c 385 s 15. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 112. ]
The provisions of this title relating to certificates of title, registration certificates, vehicle licenses, vehicle license plates, and drivers' licenses shall be exclusive and no political subdivision of the state of Washington shall require or issue any licenses or certificates for the same or a similar purpose, nor shall any city or town in this state impose a tax, license, or other fee upon vehicles operating exclusively between points outside of such city or town limits, and to points therein.
[ 2010 c 161 s 1111; 1990 c 42 s 207; 1961 c 12 s 46.08.010. Prior: 1937 c 188 s 75; RRS s 6312-75. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
The provisions of this title relating to vehicles shall be applicable and uniform throughout this state and in all incorporated cities and towns and all political subdivisions therein and no local authority shall enact or enforce any law, ordinance, rule or regulation in conflict with the provisions of this title except and unless expressly authorized by law to do so and any laws, ordinances, rules or regulations in conflict with the provisions of this title are hereby declared to be invalid and of no effect. Local authorities may, however, adopt additional vehicle and traffic regulations which are not in conflict with the provisions of this title.
[ 1961 c 12 s 46.08.020. Prior: 1937 c 189 s 2; RRS s 6360-2. ]
The provisions of this title relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this state, except as otherwise specifically provided.
[ 1961 c 12 s 46.08.030. Prior: 1937 c 189 s 3; RRS s 6360-3. ]
(1) It is unlawful for any public officer having charge of any vehicle owned or controlled by any county, city, town, or public body in this state other than the state of Washington and used in public business to operate the same upon the public highways of this state unless and until there shall be displayed upon such automobile or other motor vehicle in letters of contrasting color not less than one and one-quarter inches in height in a conspicuous place on the right and left sides thereof, the name of such county, city, town, or other public body, together with the name of the department or office upon the business of which the said vehicle is used. This section shall not apply to vehicles of a sheriff's office, local police department, or any vehicles used by local peace officers under public authority for special undercover or confidential investigative purposes. This subsection shall not apply to: (a) Any municipal transit vehicle operated for purposes of providing public mass transportation; (b) any vehicle governed by the requirements of subsection (4) of this section; nor to (c) any motor vehicle on loan to a school district for driver training purposes. It shall be lawful and constitute compliance with the provisions of this section, however, for the governing body of the appropriate county, city, town, or public body other than the state of Washington or its agencies to adopt and use a distinctive insignia which shall be not less than six inches in diameter across its smallest dimension and which shall be displayed conspicuously on the right and left sides of the vehicle. Such insignia shall be in a color or colors contrasting with the vehicle to which applied for maximum visibility. The name of the public body owning or operating the vehicle shall also be included as part of or displayed above such approved insignia in colors contrasting with the vehicle in letters not less than one and one-quarter inches in height. Immediately below the lettering identifying the public entity and agency operating the vehicle or below an approved insignia shall appear the words "for official use only" in letters at least one inch high in a color contrasting with the color of the vehicle. The appropriate governing body may provide by rule or ordinance for marking of passenger motor vehicles as prescribed in subsection (2) of this section or for exceptions to the marking requirements for local governmental agencies for the same purposes and under the same circumstances as permitted for state agencies under subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this section, passenger motor vehicles owned or controlled by the state of Washington, and purchased after July 1, 1989, must be plainly and conspicuously marked on the lower left-hand corner of the rear window with the name of the operating agency or institution or the words "state motor pool," as appropriate, the words "state of Washington — for official use only," and the seal of the state of Washington or the appropriate agency or institution insignia, approved by the department of enterprise services. Markings must be on a transparent adhesive material and conform to the standards established by the department of enterprise services. For the purposes of this section, "passenger motor vehicles" means sedans, station wagons, vans, light trucks, or other motor vehicles under ten thousand pounds gross vehicle weight.
(3) Subsection (2) of this section shall not apply to vehicles used by the Washington state patrol for general undercover or confidential investigative purposes. Traffic control vehicles of the Washington state patrol may be exempted from the requirements of subsection (2) of this section at the discretion of the chief of the Washington state patrol. The department of enterprise services shall adopt general rules permitting other exceptions to the requirements of subsection (2) of this section for other vehicles used for law enforcement, confidential public health work, and public assistance fraud or support investigative purposes, for vehicles leased or rented by the state on a casual basis for a period of less than ninety days, and those provided for in RCW 46.08.066. The exceptions in this subsection, subsection (4) of this section, and those provided for in RCW 46.08.066 shall be the only exceptions permitted to the requirements of subsection (2) of this section.
(4) Any motorcycle, vehicle over 10,000 pounds gross vehicle weight, or other vehicle that for structural reasons cannot be marked as required by subsection (1) or (2) of this section that is owned or controlled by the state of Washington or by any county, city, town, or other public body in this state and used for public purposes on the public highways of this state shall be conspicuously marked in letters of a contrasting color with the words "State of Washington" or the name of such county, city, town, or other public body, together with the name of the department or office that owns or controls the vehicle.
(5) All motor vehicle markings required under the terms of this chapter shall be maintained in a legible condition at all times.
[ 2015 c 225 s 98; 1998 c 111 s 4; 1989 c 57 s 9; 1975 1st ex.s. c 169 s 1; 1961 c 12 s 46.08.065. Prior: 1937 c 189 s 46; RRS s 6360-46. Formerly RCW 46.36.140. ]
NOTES:
Effective date—1989 c 57: See note following RCW 43.19.620.
(1) The department may issue confidential license plates to:
(a) Units of local government and agencies of the federal government for law enforcement purposes only;
(b) Any state official elected on a statewide basis for use on official business. Only one set of confidential license plates may be issued to these elected officials;
(c) Any other public officer or public employee for the personal security of the officer or employee when recommended by the chief of the Washington state patrol. These confidential license plates may only be used on an unmarked publicly owned or controlled vehicle of the employing government agency for the conduct of official business for the period of time that the personal security of the state official, public officer, or other public employee may require; and
(d) The office of the state treasurer. These confidential license plates may only be used on an unmarked state owned or controlled vehicle when required for the safe transportation of either state funds or negotiable securities to or from the office of the state treasurer.
(2) The use of confidential license plates on other vehicles owned or operated by the state of Washington by any officer or employee of the state is limited to confidential, investigative, or undercover work of state law enforcement agencies, confidential public health work, and confidential public assistance fraud or child support investigations.
(3)(a) The department may issue confidential drivers' licenses and identicards to commissioned officers of state and local law enforcement agencies and agencies of the federal government only for undercover or covert law enforcement activities.
(b) Any driver's license or identicard issued under this subsection shall display an expiration date that complies with the department's rules, but a driver's license or identicard issued under this subsection may be used only during the duration of the officer's assignment to an undercover or covert operation.
(c) Any driver's license or identicard issued under this subsection must be returned to the department within thirty days of the end of the officer's undercover assignment. Any driver's license or identicard issued under this subsection must be returned to the department immediately upon the officer's retirement, termination, dismissal, change in job assignment, or leave from the agency.
(4) The director may adopt rules governing applications for, and the use of, confidential license plates, drivers' licenses, and identicards.
[ 2013 c 336 s 2; 2010 c 161 s 211; 1986 c 158 s 20; 1982 c 163 s 14; 1979 c 158 s 128; 1975 1st ex.s. c 169 s 2. ]
NOTES:
Effective date—2013 c 336: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 21, 2013]." [ 2013 c 336 s 4.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—Effective date—1982 c 163: See notes following RCW 2.10.052.
A violation of any provision of RCW 46.08.065 as now or hereafter amended or of RCW 46.08.066 shall subject the public officer or employee committing such violation to disciplinary action by the appropriate appointing authority or employing agency. Such disciplinary action may include, but shall not be limited to, suspension without pay or termination of employment in the case of repeated or continuing noncompliance.
[ 1975 1st ex.s. c 169 s 3. ]
Any vehicle properly marked pursuant to statutory requirements in effect prior to September 8, 1975, need not be remarked to conform to the requirements of RCW 46.08.065 through 46.08.067 until July 1, 1977.
[ 1975 1st ex.s. c 169 s 4. ]
Subject to a compliance with the motor vehicle laws of the state and acceptance of the provisions of this title, nonresident owners and operators of vehicles hereby are granted the privilege of using the public highways of this state, and use of such public highways shall be deemed and construed to be an acceptance by such nonresident owners and operators of the provisions of this title.
[ 1961 c 12 s 46.08.070. Prior: 1937 c 189 s 128; RRS s 6360-128. ]
The director of enterprise services shall have power to devise and promulgate rules and regulations for the control of vehicular and pedestrian traffic and the parking of motor vehicles on the state capitol grounds. However, the monetary penalty for parking a motor vehicle without a valid special license plate or placard in a parking place reserved for persons with physical disabilities shall be the same as provided in RCW 46.19.050. Such rules and regulations shall be promulgated by publication in one issue of a newspaper published at the state capitol and shall be given such further publicity as the director may deem proper.
[ 2015 c 225 s 99; 2010 c 161 s 1112; 2010 c 161 s 212; 1995 c 384 s 2; 1961 c 12 s 46.08.150. Prior: 1955 c 285 s 21; 1947 c 11 s 1; Rem. Supp. 1947 s 7921-20. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The chief of the Washington state patrol shall be the chief enforcing officer to assure the proper enforcement of such rules and regulations.
[ 1961 c 12 s 46.08.160. Prior: 1947 c 11 s 2; Rem. Supp. 1947 s 7921-21. ]
(1) Except as provided in subsection (2) of this section, any violation of a rule or regulation prescribed under RCW 46.08.150 is a traffic infraction, and the district courts of Thurston county shall have jurisdiction over such offenses: PROVIDED, That violation of a rule or regulation relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(2) Violation of such a rule or regulation equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.
[ 2003 c 53 s 232; 1987 c 202 s 213; 1979 ex.s. c 136 s 40; 1963 c 158 s 2; 1961 c 12 s 46.08.170. Prior: 1947 c 11 s 3; Rem. Supp. 1947 s 7921-22. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The director of the department of enterprise services shall establish equitable and consistent parking rental fees for the capitol campus and may, if requested by agencies, establish equitable and consistent parking rental fees for agencies off the capitol campus, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking or to meet the commute trip reduction goals established in *RCW 70.94.527. All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
[ 2015 c 225 s 100; 1995 c 215 s 4; 1993 c 394 s 4. Prior: 1991 sp.s. c 31 s 12; 1991 sp.s. c 13 s 41; 1988 ex.s. c 2 s 901; 1985 c 57 s 59; 1984 c 258 s 323; 1963 c 158 s 1. ]
NOTES:
*Reviser's note: RCW 70.94.527 was recodified as RCW 70A.15.4020 pursuant to 2020 c 20 s 2010.
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Fee deposition: RCW 43.01.225.
(1) The legislative authority of a city or county may by ordinance or resolution create a golf cart zone, for the purposes of permitting the incidental operation of golf carts, as defined in RCW 46.04.1945, upon a street or highway of this state having a speed limit of twenty-five miles per hour or less.
(2) Every person operating a golf cart as authorized under this section is granted all rights and is subject to all duties applicable to the driver of a vehicle under chapter 46.61 RCW.
(3) Every person operating a golf cart as authorized under this section must be at least sixteen years of age and must have completed a driver education course or have previous experience driving as a licensed driver.
(4) A person who has a revoked license under RCW 46.20.285 may not operate a golf cart as authorized under this section.
(5) The legislative authority of a city or county may prohibit any person from operating a golf cart as authorized under this section at any time from a half hour after sunset to a half hour before sunrise.
(6) The legislative authority of a city or county may require a decal or other identifying device to be displayed on golf carts authorized on the streets and highways of this state under this section. The city or county may charge a fee for the decal or other identifying device.
(7) The legislative authority of a city or county may prohibit the operation of golf carts in designated bicycle lanes that are within a golf cart zone.
(8) Golf carts must be equipped with reflectors, seat belts, and rearview mirrors when operated upon streets and highways as authorized under this section.
(9) A city or county that creates a golf cart zone under this section must clearly identify the zone by placing signage at the beginning and end of the golf cart zone on a street or road that is part of the golf cart zone. The signage must be in compliance with the department of transportation's manual on uniform traffic control devices for streets and highways.
(10) Accidents that involve golf carts operated upon streets and highways as authorized under this section must be recorded and tracked in compliance with chapter 46.52 RCW. The accident report must indicate that a golf cart operating within a golf cart zone is involved in the accident.
[ 2010 c 217 s 4. ]
(1) Publicly available electric vehicle supply equipment must be indicated by vertical signage identifying the station as publicly available electric vehicle supply equipment and indicating that it is only for electric vehicle charging. The signage must be consistent with the manual on uniform traffic control devices, as adopted by the department of transportation under RCW 47.36.030, and contain the information required in RCW 19.94.560. Supplementary signage may be posted to provide additional information including, but not limited to, the amount of the monetary penalty under subsection (2) of this section for parking in the station while not connected to the charging equipment.
(2) It is a parking infraction, with a monetary penalty of one hundred twenty-four dollars, for any person to park a vehicle in a parking space served by publicly available electric vehicle supply equipment if the vehicle is not connected to the charging equipment. The parking infraction must be processed as prescribed under RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2).
(3) For purposes of this section, "publicly available electric vehicle supply equipment" has the same meaning as provided in RCW 19.94.010 and described in RCW 19.94.550 and 19.94.555.
[ 2021 c 238 s 12; 2013 c 60 s 1. ]
Every district and municipal court judge shall have concurrent jurisdiction with superior court judges of the state for all violations of the provisions of this title, except the trial of felony charges on the merits, and may impose any punishment provided therefor.
[ 1995 c 136 s 1; 1984 c 258 s 136; 1961 c 12 s 46.08.190. Prior: 1955 c 393 s 4. ]
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
(1) The name, residence address, and mailing address (if different) submitted by an applicant for a driver's license or other permit, identicard, certificate of title, or vehicle or vessel registration is the name and address of record for the person.
(2)(a) If an applicant for or the holder of a driver's license, permit, identicard, certificate of title, or vehicle or vessel registration changes his or her name or address, he or she must notify the department of the change in writing on a form provided by the department. The written notification, or other means as designated by rule of the department, is the exclusive means by which the name or address of record maintained by the department concerning the person may be changed.
(b) The form must contain a place for the person to indicate that an address change is not for voting purposes. The department must notify the secretary of state by the means described in RCW 29A.08.350 of all change of address information for natural persons received by means of this form except information on persons indicating that the change is not for voting purposes.
(3) Any notice regarding the refusal, cancellation, suspension, revocation, disqualification, probation, or nonrenewal of the driver's license, commercial driver's license, permit, driving privilege, identicard, certificate of title, or vehicle or vessel registration mailed to the address of record of the applicant or holder is effective notwithstanding the applicant or holder's failure to receive the notice.
(4) The department may not change the name of record of a person who is the holder of a driver's license, other driving permit, or identicard under this section unless the person has again satisfied the department regarding his or her identity in the manner provided under RCW 46.20.035.
[ 2017 c 147 s 2. ]
The provisions of this chapter shall apply to all lands in this state. Nothing in this chapter, RCW 79A.35.040, 79A.35.070, 79A.35.090, 79A.35.110, and 79A.35.120 shall be deemed to grant to any person the right or authority to enter upon private property without permission of the property owner.
[ 2005 c 213 s 2; 1972 ex.s. c 153 s 2; 1971 ex.s. c 47 s 6. Formerly RCW 46.09.010. ]
NOTES:
Findings—Construction—2005 c 213: "The legislature finds that off-road recreational vehicles (ORVs) provide opportunities for a wide variety of outdoor recreation activities. The legislature further finds that the limited amount of ORV recreation areas presents a challenge for ORV recreational users, natural resource land managers, and private landowners. The legislature further finds that many nonhighway roads provide opportunities for ORV use and that these opportunities may reduce conflicts between users and facilitate responsible ORV recreation. However, restrictions intended for motor vehicles may prevent ORV use on certain roads, including forest service roads. Therefore, the legislature finds that local, state, and federal jurisdictions should be given the flexibility to allow ORV use on nonhighway roads they own and manage or for which they are authorized to allow public ORV use under an easement granted by the owner. Nothing in this act authorizes trespass on private property." [ 2005 c 213 s 1.]
Effective date—2005 c 213: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005." [ 2005 c 213 s 9.]
Purpose—1972 ex.s. c 153: See RCW 67.32.080.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory committee" means the nonhighway and off-road vehicle activities advisory committee established in RCW 46.09.340.
(2) "Board" means the recreation and conservation funding board established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.
(4) "Direct supervision" means that the supervising adult must be in a position, on another wheeled all-terrain vehicle or specialty off-highway vehicle or motorbike or, if on the ground, within a reasonable distance of the unlicensed operator, to provide close support, assistance, or direction to the unlicensed operator.
(5) "Emergency management" means the carrying out of emergency functions related to responding and recovering from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress.
(6) "Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every roadway publicly maintained by the state department of transportation or any county or city with funding from the motor vehicle fund. A highway is generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles.
(7) "Nonhighway road" means any road owned or managed by a public agency, a primitive road, or any private road for which the owner has granted an easement for public use for which appropriations from the motor vehicle fund were not used for (a) original construction or reconstruction in the last twenty-five years; or (b) maintenance in the last four years.
(8) "Nonhighway road recreation facilities" means recreational facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonhighway road recreational users.
(9) "Nonhighway road recreational user" means a person whose purpose for consuming fuel on a nonhighway road or off-road is primarily for nonhighway road recreational purposes, including, but not limited to, hunting, fishing, camping, sightseeing, wildlife viewing, picnicking, driving for pleasure, kayaking/canoeing, and gathering berries, firewood, mushrooms, and other natural products.
(10) "Nonhighway vehicle" means any motorized vehicle including an ORV when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under chapter 82.38 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.
(11) "Nonmotorized recreational facilities" means recreational trails and facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonmotorized recreational users.
(12) "Nonmotorized recreational user" means a person whose purpose for consuming fuel on a nonhighway road or off-road is primarily for nonmotorized recreational purposes including, but not limited to, walking, hiking, backpacking, climbing, cross-country skiing, snowshoeing, mountain biking, horseback riding, and pack animal activities.
(13) "Organized competitive event" means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.
(14) "ORV recreation facilities" include, but are not limited to, ORV trails, trailheads, campgrounds, ORV sports parks, and ORV use areas, designated for ORV use by the managing authority.
(15) "ORV recreational user" means a person whose purpose for consuming fuel on nonhighway roads or off-road is primarily for ORV recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or dune buggy.
(16) "ORV sports park" means a facility designed to accommodate competitive ORV recreational uses including, but not limited to, motocross racing, four-wheel drive competitions, and flat track racing. Use of ORV sports parks can be competitive or noncompetitive in nature.
(17) "ORV trail" means a multiple-use corridor designated by the managing authority and maintained for recreational use by motorized vehicles.
(18) "Primitive road" means a linear route managed for use by four-wheel drive or high-clearance vehicles that is generally not maintained or paved, a road designated by a county as primitive under RCW 36.75.300, or a road designated by a city or town as primitive under a local ordinance.
(19) "Wheeled all-terrain vehicle" means (a) any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less, or (b) a utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following: (i) Has a minimum width of fifty inches; (ii) has a minimum weight of at least nine hundred pounds; or (iii) has a wheelbase of over sixty-one inches.
[ 2013 2nd sp.s. c 23 s 3; (2013 2nd sp.s. c 23 s 2 expired July 1, 2015); 2013 c 225 s 607; 2010 c 161 s 213; 2007 c 241 s 13; 2004 c 105 s 1; 1986 c 206 s 1; 1979 c 158 s 129; 1977 ex.s. c 220 s 1; 1972 ex.s. c 153 s 3; 1971 ex.s. c 47 s 7. Formerly RCW 46.09.020. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2013 2nd sp.s. c 23 s 3: "Section 3 of this act takes effect July 1, 2015." [ 2013 2nd sp.s. c 23 s 28.]
Expiration date—2013 2nd sp.s. c 23 s 2: "Section 2 of this act expires July 1, 2015." [ 2013 2nd sp.s. c 23 s 27.]
Effective date—2013 2nd sp.s. c 23: "Except for sections 3 and 25 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 28, 2013." [ 2013 2nd sp.s. c 23 s 26.]
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 c 225: See note following RCW 82.38.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1986 c 206: "This act shall take effect on June 30, 1986." [ 1986 c 206 s 17.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) The application for a certificate of title of an off-road vehicle must be made by the owner or owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the off-road vehicle, including make, model, vehicle identification number or engine serial number if no vehicle identification number exists, type of body, and model year of the vehicle;
(b) The name and address of the person who is the registered owner of the off-road vehicle and, if the off-road vehicle is subject to a security interest, the name and address of the secured party; and
(c) Other information the department may require.
(2) The application for a certificate of title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW.
(3) The owner must pay the fee established under RCW 46.17.100.
(4) Issuance of the certificate of title does not qualify the off-road vehicle for registration under chapter 46.16A RCW.
[ 2019 c 232 s 17; 2016 c 84 s 2; 2011 c 171 s 24; 2010 c 161 s 214. ]
NOTES:
Effective date—2016 c 84 ss 2 and 5: "Sections 2 and 5 of this act take effect July 1, 2017." [ 2016 c 84 s 6.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Vehicles titled under this chapter are exempt from the vehicle identification number inspection required in RCW 46.12.560.
[ 2025 c 10 s 2. ]
NOTES:
Effective date—2025 c 10: See note following RCW 46.12.560.
(1) Each dealer of off-road vehicles in this state shall obtain either a miscellaneous vehicle dealer license as defined in RCW 46.70.011 or an off-road vehicle dealer license from the department in a manner prescribed by the department. Upon receipt of an application for an off-road vehicle dealer license and the fee described under subsection (2) of this section, the dealer is licensed and an off-road vehicle dealer license number must be assigned.
(2) The annual fee for an off-road vehicle dealer license is twenty-five dollars, which covers all of the off-road vehicles owned by a dealer and not rented. Off-road vehicles rented on a regular, commercial basis by a dealer must have separate registrations.
(3) Upon the issuance of an off-road vehicle dealer license, each dealer may purchase, at a cost to be determined by the department, off-road vehicle dealer license plates of a size and color to be determined by the department. The off-road vehicle dealer license plates must contain the off-road vehicle dealer license number assigned to the dealer. Each off-road vehicle operated by a dealer, dealer representative, or prospective customer for the purposes of testing or demonstration shall display dealer license plates assigned by the department.
(4) A dealer, dealer representative, or prospective customer may only use dealer license plates for the purposes prescribed in subsection (3) of this section.
(5) Off-road vehicle dealer license numbers are nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at wholesale or retail or to test or demonstrate any off-road vehicle within the state unless the dealer has either a miscellaneous vehicle dealer license as defined in RCW 46.70.011 or an off-road vehicle dealer license as required under this section.
(7) When an off-road vehicle is sold by a dealer, the dealer shall apply for a certificate of title in the purchaser's name within fifteen days following the sale.
(8) Except as provided in RCW 46.09.420, it is unlawful for any dealer to sell at retail an off-road vehicle without registration required in RCW 46.09.440.
[ 2010 c 161 s 220; 2010 c 8 s 9002; 1990 c 250 s 24; 1986 c 206 s 5; 1977 ex.s. c 220 s 7; 1972 ex.s. c 153 s 9; 1971 ex.s. c 47 s 13. Formerly RCW 46.09.080. ]
NOTES:
Reviser's note: RCW 46.09.080 was amended twice during the 2010 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1986 c 206: See note following RCW 46.09.310.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) The board shall establish the nonhighway and off-road vehicle activities advisory committee to provide advice regarding the administration of this chapter. The committee consists of governmental representatives, land managers, and a proportional representation of persons with recreational experience in areas identified in the most recent fuel use study, including but not limited to people with off-road vehicle, hiking, equestrian, mountain biking, hunting, fishing, and wildlife viewing experience.
(2) After the advisory committee has made recommendations regarding the expenditure of the fuel tax revenue portion of the nonhighway and off-road vehicle account moneys, the advisory committee's off-road vehicle and mountain biking recreationists, governmental representatives, and land managers will make recommendations regarding the expenditure of funds received under RCW 46.68.045.
(3) At least once a year, the board, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission shall report to the nonhighway and off-road vehicle activities advisory committee on the expenditures of funds received under RCW 46.68.045 and 46.09.520 and must proactively seek the advisory committee's advice regarding proposed expenditures.
(4) The advisory committee shall advise these agencies regarding the allocation of funds received under RCW 46.09.520 to ensure that overall expenditures reflect consideration of the results of the most recent fuel use study.
[ 2010 c 161 s 224; 2007 c 241 s 19; 2004 c 105 s 8; 2003 c 185 s 1; 1986 c 206 s 13. Formerly RCW 46.09.280. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1986 c 206: See note following RCW 46.09.310.
The operator of any nonhighway vehicle involved in any accident resulting in injury to or death of any person, or property damage to another to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with chapter 46.52 RCW, or a person acting for the operator shall submit such reports as are required under chapter 46.52 RCW, and the provisions of chapter 46.52 RCW applies to the reports when submitted.
[ 1990 c 250 s 25; 1977 ex.s. c 220 s 12; 1971 ex.s. c 47 s 19. Formerly RCW 46.09.140. ]
(1) Notwithstanding any of the provisions of this chapter, any city, town, county, or other political subdivision of this state, or any state agency, may regulate the operation of nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on streets, roads, or highways within its boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not less stringent than the provisions of this chapter. However, the legislative body of a city or town with a population of less than three thousand persons may, by ordinance, designate a street or highway within its boundaries to be suitable for use by off-road vehicles. The legislative body of a county may, by ordinance, designate a road or highway within its boundaries to be suitable for use by off-road vehicles.
(2) For purposes of this section, "off-road vehicles" does not include wheeled all-terrain vehicles.
[ 2013 2nd sp.s. c 23 s 11; 2006 c 212 s 4; 1977 ex.s. c 220 s 15; 1971 ex.s. c 47 s 23. Formerly RCW 46.09.180. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
The board shall maintain a statewide plan which shall be updated at least once every third biennium and shall be used by all participating agencies to guide distribution and expenditure of funds under this chapter.
[ 2007 c 241 s 18; 1986 c 206 s 11; 1977 ex.s. c 220 s 18. Formerly RCW 46.09.250. ]
NOTES:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1986 c 206: See note following RCW 46.09.310.
The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, fish and wildlife officers, state park rangers, and those employees of the department of natural resources designated by the commissioner of public lands under RCW * 43.30.310, 76.04.035, and 76.04.045.
[ 2001 c 253 s 3; 1986 c 100 s 52; 1971 ex.s. c 47 s 25. Formerly RCW 46.09.200. ]
NOTES:
*Reviser's note: RCW 43.30.310 was recodified as RCW 43.12.065 pursuant to 2003 c 334 s 127.
The department must track wheeled all-terrain vehicles in a separate registration category for reporting purposes.
[ 2013 2nd sp.s. c 23 s 8. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
(1) It is the intent of the legislature to create a concurrent licensing process to allow the owner of a wheeled all-terrain vehicle to maintain concurrent but separate registrations for the vehicle, for use as a wheeled all-terrain vehicle and for use as a tracked all-terrain vehicle.
(2) The department shall allow the owner of a wheeled all-terrain vehicle to maintain concurrent licenses for the vehicle for use as a wheeled all-terrain vehicle and for use as a tracked all-terrain vehicle. When the vehicle is registered as a wheeled all-terrain vehicle, the terms of the registration are those under this chapter that apply to wheeled all-terrain vehicles, including applicable fees. When the vehicle is registered as a tracked all-terrain vehicle, the terms of the registration are those under chapter 46.10 RCW that apply to snowmobiles, including applicable fees.
(3) The department shall establish a declaration, which must be submitted by the wheeled all-terrain vehicle owner when initially applying for a snowmobile registration under chapter 46.10 RCW for the use of the converted wheeled all-terrain vehicle as a tracked all-terrain vehicle. The declaration must include a statement signed by the owner that a wheeled all-terrain vehicle that had been previously converted to a tracked all-terrain vehicle must conform with all applicable federal motor vehicle safety standards and state standards while in use as a wheeled all-terrain vehicle upon public roads, streets, or highways. Once submitted by the wheeled all-terrain vehicle owner, the declaration is valid until the vehicle is sold or the title is otherwise transferred.
(4) The department may adopt rules to implement this section.
[ 2021 c 86 s 4. ]
The department shall:
(1) Issue registrations and temporary ORV use permits for off-road vehicles, excluding wheeled all-terrain vehicles subject to subsection (4) of this section;
(2) Issue decals for off-road vehicles, excluding wheeled all-terrain vehicles subject to subsection (4) of this section. The decals serve the same function as license plates for vehicles registered under chapter 46.16A RCW;
(3)(a) Except as provided in (b) of this subsection, charge a fee for each decal covering the actual cost of the decal;
(b) Charge no fee for the decal, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application for either an original Washington ORV registration or a renewal of a Washington ORV registration, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle; and
(4) Issue metal tags, off-road vehicle registrations, and on-road vehicle registrations for wheeled all-terrain vehicles.
[ 2021 c 216 s 2; 2013 2nd sp.s. c 23 s 12; 2011 c 171 s 25; 2010 c 161 s 215; 1990 c 250 s 23; 1986 c 206 s 2; 1977 ex.s. c 220 s 2; 1972 ex.s. c 153 s 4; 1971 ex.s. c 47 s 8. Formerly RCW 46.09.030. ]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1986 c 206: See note following RCW 46.09.310.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1)(a) The application for an original ORV registration has the same requirements as described for original vehicle registrations in RCW 46.16A.040 and, except as provided in (b) of this subsection, must be accompanied by the annual off-road vehicle license fee required under RCW 46.17.350, in addition to any other fees or taxes due for the application.
(b) The license fee provided in RCW 46.17.350 is not required with an application for an original ORV registration, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application for an original Washington ORV registration, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle.
(2)(a) The application for renewal of an ORV registration has the same requirements as described for the renewal of vehicle registrations in RCW 46.16A.110 and, except as provided in (b) of this subsection, must be accompanied by the annual off-road vehicle license fee required under RCW 46.17.350, in addition to any other fees or taxes due for the application.
(b) The license fee provided in RCW 46.17.350 is not required with an application for renewal of an ORV registration, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application for a renewal of a Washington ORV registration, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle.
(3) The annual ORV registration is valid for one year and may be renewed each subsequent year as prescribed by the department.
(4) A person who acquires an off-road vehicle that has an ORV registration must:
(a) Apply to the department, county auditor or other agent, or subagent appointed by the director for a transfer of the ORV registration within fifteen days of taking possession of the off-road vehicle; and
(b) Pay the ORV registration transfer fee required under RCW 46.17.410, in addition to any other fees or taxes due at the time of application.
(5) The department shall issue an ORV registration, decals, and tabs upon receipt of:
(a) A properly completed application for an original ORV registration; and
(b) The payment of all fees and taxes due at the time of application.
(6) The ORV registration must be carried on the vehicle for which it was issued at all times during its operation in this state.
(7) Off-road vehicle decals must be affixed to the off-road vehicle in a manner prescribed by the department.
(8) Unless exempt under RCW 46.09.420, any out-of-state operator of an off-road vehicle, when operating in this state, must comply with this chapter. If an ORV registration is required under this chapter, the out-of-state operator must obtain an ORV registration and decal or a temporary ORV use permit.
(9) This section does not apply to wheeled all-terrain vehicles registered for use under RCW 46.09.442.
[ 2022 c 40 s 1; 2021 c 216 s 3; 2013 2nd sp.s. c 23 s 13; 2010 c 161 s 218; 2004 c 106 s 1; 2002 c 352 s 1; 1997 c 241 s 1; 1986 c 206 s 4; 1977 ex.s. c 220 s 6; 1972 ex.s. c 153 s 8; 1971 ex.s. c 47 s 12. Formerly RCW 46.09.070. ]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2004 c 106 s 1: "Section 1 of this act takes effect with registrations that are due or become due November 1, 2004, or later." [ 2004 c 106 s 2.]
Effective dates—2002 c 352: "Sections 7, 9, and 28 of this act are effective with registrations that are due or will become due September 1, 2002, and thereafter. Section 26 of this act takes effect October 1, 2002. The remainder of this act takes effect July 1, 2002." [ 2002 c 352 s 30.]
Effective date—1986 c 206: See note following RCW 46.09.310.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
ORV registrations and decals are required under this chapter except for the following:
(1) Off-road vehicles owned and operated by the United States, another state, or a political subdivision of the United States or another state.
(2) Off-road vehicles owned and operated by this state, a municipality, or a political subdivision of this state or the municipality.
(3) Off-road vehicles operated on and across agricultural and timberlands owned, leased, or managed by the off-road vehicle owner or operator or operator's employer.
(4)(a) Off-road vehicles owned by a resident of another state that have a valid ORV use permit or vehicle registration issued in accordance with the laws of the other state. This exemption applies only to the extent that a similar exemption or privilege is granted under the laws of that state.
(b) The exemption in (a) of this subsection does not apply to an off-road vehicle owned by a resident of a state that borders Washington and that does not impose a retail sales and use tax on the sales or use of off-road vehicles.
(5) Off-road vehicles while being used for emergency management purposes under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency as defined in RCW 16.52.011.
(6) Vehicles registered under chapter 46.16A RCW or, in the case of nonresidents, vehicles validly registered for operation over public highways in the jurisdiction of the owner's residence.
(7) Off-road vehicles operated by persons who, in good faith, render emergency care or assistance with respect to an incident involving off-road vehicles. Persons who operate off-road vehicles to render such care, assistance, or advice are not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[ 2021 c 216 s 1; 2013 2nd sp.s. c 23 s 14; 2011 c 171 s 26; 2010 c 161 s 217; 2004 c 105 s 9; 1986 c 206 s 3; 1977 ex.s. c 220 s 4; 1972 ex.s. c 153 s 6; 1971 ex.s. c 47 s 10. Formerly RCW 46.09.050. ]
NOTES:
Effective date—2021 c 216: "This act takes effect October 1, 2021." [ 2021 c 216 s 8.]
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1986 c 206: See note following RCW 46.09.310.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) The application for a temporary ORV use permit must be made by the owner or the owner's authorized representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department. The application must contain:
(a) The name and address of each owner of the off-road vehicle; and
(b) Other information that the department may require.
(2) The owner or the owner's authorized representative shall sign the application for a temporary ORV use permit.
(3) The application for a temporary ORV use permit must be accompanied by the temporary ORV use permit fee required under RCW 46.17.400, in addition to any other fees or taxes due for the application.
(4) A temporary ORV use permit:
(a) Is valid for sixty days; and
(b) Must be carried on the vehicle for which it was issued at all times during its operation in this state.
[ 2010 c 161 s 219. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Except as provided in this chapter, a person shall not operate an off-road vehicle within this state unless the off-road vehicle has been assigned an ORV registration or temporary ORV use permit and displays current decals and tabs as required under this chapter.
[ 2010 c 161 s 216; 1977 ex.s. c 220 s 3; 1972 ex.s. c 153 s 5; 1971 ex.s. c 47 s 9. Formerly RCW 46.09.040. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) Any wheeled all-terrain vehicle operated within this state must display a metal tag to be affixed to the rear of the wheeled all-terrain vehicle. The initial metal tag must be issued with an original off-road vehicle registration and, except as provided in subsection (7) of this section, upon payment of the initial vehicle license fee under RCW 46.17.350(1)(s). The metal tag must be replaced every seven years at a cost of two dollars. Revenue from replacement metal tags must be deposited into the nonhighway and off-road vehicle activities program account. The department must design the metal tag, which must:
(a) Be the same size as a motorcycle license plate;
(b) Have the words "RESTRICTED VEHICLE" listed at the top of the tag;
(c) Contain designated identification through a combination of letters and numbers;
(d) Leave space at the bottom left corner of the tag for an off-road tab issued under subsection (2) of this section; and
(e) Leave space at the bottom right corner of the tag for an on-road tab, when required, issued under subsection (3) of this section.
(2) Except as provided in subsections (6)(b) and (7) of this section, a person who operates a wheeled all-terrain vehicle must have a current and proper off-road vehicle registration, with the appropriate off-road tab, and pay the annual vehicle license fee as provided in RCW 46.17.350(1)(s), which must be deposited into the nonhighway and off-road vehicle activities program account. The off-road tab must be issued annually by the department upon payment of initial and renewal vehicle license fees under RCW 46.17.350(1)(s), except as provided in subsection (7) of this section.
(3) Except as provided in subsections (6)(a) and (7) of this section, a person who operates a wheeled all-terrain vehicle upon a public roadway must have a current and proper on-road vehicle registration, with the appropriate on-road tab, which must be of a bright color that can be seen from a reasonable distance, and pay the annual vehicle license fee as provided in RCW 46.17.350(1)(r). The on-road tab must be issued annually by the department upon payment of initial and renewal vehicle license fees under RCW 46.17.350(1)(r), except as provided in subsection (7) of this section.
(4) Beginning July 1, 2017, for purposes of subsection (3) of this section, a special year tab issued pursuant to chapter 46.19 RCW to a person with a disability may be displayed on a wheeled all-terrain vehicle in lieu of an on-road tab.
(5) A wheeled all-terrain vehicle may not be registered for commercial use.
(6)(a) A wheeled all-terrain vehicle registration and a metal tag are not required under this chapter for a wheeled all-terrain vehicle that meets the definition in RCW 46.09.310(19), is owned by a resident of another state, and has a vehicle registration and metal tag or license plate issued in accordance with the laws of the other state allowing for on-road travel in that state. This exemption applies only to the extent that: (i) A similar exemption or privilege is granted under the laws of that state for wheeled all-terrain vehicles registered in Washington, and (ii) the other state has equipment requirements for on-road use that meet or exceed the requirements listed in RCW 46.09.457. The department may publish on its website a list of states that meet the exemption requirements under this subsection. The exemption in this subsection does not apply to a wheeled all-terrain vehicle owned by a resident of a state that borders Washington and that does not impose a retail sales and use tax on the sales or use of wheeled all-terrain vehicles.
(b) Off-road operation in Washington state of a wheeled all-terrain vehicle owned by a resident of another state and meeting the definition in RCW 46.09.310(19) is governed in the same manner as for other off-road vehicles under RCW 46.09.420(4).
(7)(a) The license fee provided in RCW 46.17.350 is not required with an application for an original ORV registration or the renewal of an ORV registration, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle.
(b) The department must issue a metal tag and either the off-road tab, on-road tab, or both, as appropriate, following the ORV registration under (a) of this subsection.
[ 2022 c 40 s 2; 2021 c 216 s 4; 2016 c 84 s 3; 2013 2nd sp.s. c 23 s 4. ]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Finding—Intent—2013 2nd sp.s. c 23: "(1) The legislature finds that off-road vehicle users have been overwhelmed with varied confusing rules, regulations, and ordinances from federal, state, county, and city land managers throughout the state to the extent standardization statewide is needed to maintain public safety and good order.
(2) It is the intent of the legislature to: (a) Increase opportunities for safe, legal, and environmentally acceptable motorized recreation; (b) decrease the amount of unlawful or environmentally harmful motorized recreation; (c) generate funds for use in maintenance, signage, education, and enforcement of motorized recreation opportunities; (d) advance a culture of self-policing and abuse intolerance among motorized recreationists; (e) cause no change in the policies of any governmental agency with respect to public land; (f) not change any current ORV usage routes as authorized in chapter 213, Laws of 2005; (g) stimulate rural economies by opening certain roadways to use by motorized recreationists which will in turn stimulate economic activity through expenditures on gasoline, lodging, food and drink, and other entertainment purposes; and (h) require all wheeled all-terrain vehicles to obtain a metal tag." [ 2013 2nd sp.s. c 23 s 1.]
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
(1) A person may not operate a wheeled all-terrain vehicle upon a public roadway of this state, not including nonhighway roads and trails, without (a) first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW or (b) possessing a valid driver's license issued by the state of the person's residence if the person is a nonresident.
(2) A person who operates a wheeled all-terrain vehicle under this section is granted all rights and is subject to all duties applicable to the operator of a motorcycle under RCW 46.37.530 and chapter 46.61 RCW, unless otherwise stated in chapter 23, Laws of 2013 2nd sp. sess., except that wheeled all-terrain vehicles may not be operated side-by-side in a single lane of traffic.
(3) Wheeled all-terrain vehicles are subject to chapter 46.55 RCW.
(4) Any person who violates this section commits a traffic infraction.
(5) The department may develop and implement an online training course for persons that register wheeled all-terrain vehicles and utility-type vehicles for use on a public roadway of this state. The department is granted rule-making authority for the training course. Any future costs associated with the training course must be appropriated from the highway safety account [fund] and any fees collected must be distributed to the highway safety account [fund].
[ 2013 2nd sp.s. c 23 s 5. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
(1) Except as otherwise provided in this section, it is lawful to operate an off-road vehicle upon:
(a) A nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or private authority responsible for the management of the nonhighway road authorizes the use of off-road vehicles;
(b) A street, road, or highway as authorized under RCW 46.09.360; and
(c) Any trail, nonhighway road, or highway within the state while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency's official duties.
(2) An off-road vehicle operated on a nonhighway road or on a street, road, or highway as authorized under RCW 46.09.360 and this section is exempt from both registration requirements of chapter 46.16A RCW and vehicle lighting and equipment requirements of chapter 46.37 RCW.
(3) It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.
(4) Nothing in this section authorizes trespass on private property.
(5) The provisions of RCW 4.24.210(5) apply to public and private landowners who allow members of the public to use public facilities accessed by a highway, street, or nonhighway road for recreational off-road vehicle use.
[ 2013 2nd sp.s. c 23 s 15; 2011 c 171 s 27; 2010 c 161 s 221; 2006 c 212 s 2; 2005 c 213 s 4. Formerly RCW 46.09.115. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.300.
(1) A person may operate a wheeled all-terrain vehicle upon any public roadway of this state, not including nonhighway roads and trails, having a speed limit of thirty-five miles per hour or less subject to the following restrictions and requirements:
(a) A person may not operate a wheeled all-terrain vehicle upon state highways that are listed in chapter 47.17 RCW; however, a person may operate a wheeled all-terrain vehicle upon a segment of a state highway listed in chapter 47.17 RCW if the segment is within the limits of a city or town, or if the county in which the segment is located has first consulted with the department of transportation, and then adopted an ordinance approving the operation of wheeled all-terrain vehicles on that segment, and the speed limit on the segment is thirty-five miles per hour or less;
(b)(i) A person operating a wheeled all-terrain vehicle may not cross a public roadway, not including nonhighway roads and trails, with a speed limit in excess of thirty-five miles per hour, except as follows: A person operating a wheeled all-terrain vehicle may cross a public roadway with a speed limit of sixty miles per hour or less, but more than thirty-five miles per hour, at an intersection of approximately ninety degrees if the roadway that intersects the public roadway with a speed limit of sixty miles per hour or less, but more than thirty-five miles per hour, is a roadway upon which the operation of wheeled all-terrain vehicles has been approved or is otherwise allowed under this section.
(ii) A county, city, or town may by ordinance prohibit a person operating a wheeled all-terrain vehicle from crossing a public roadway with a speed limit of sixty miles per hour or less, but more than thirty-five miles per hour, at specific intersections or along the entirety of the route within the jurisdiction.
(iii) The operator of a wheeled all-terrain vehicle may not cross at an uncontrolled intersection of a public highway listed under chapter 47.17 RCW;
(c)(i) A person may not operate a wheeled all-terrain vehicle on a public roadway within the boundaries of a county, not including nonhighway roads and trails, with a population of fifteen thousand or more unless the county by ordinance has approved the operation of wheeled all-terrain vehicles on county roadways, not including nonhighway roads and trails.
(ii) Except as otherwise provided in (a) of this subsection, the legislative body of a county with a population of fewer than fifteen thousand may, by ordinance, designate roadways or highways within its boundaries to be unsuitable for use by wheeled all-terrain vehicles.
(iii) Any public roadways, not including nonhighway roads and trails, authorized by a legislative body of a county under (c)(i) of this subsection or designated as unsuitable under (c)(ii) of this subsection must be listed publicly and made accessible from the main page of the county website.
(iv) This subsection (1)(c) does not affect any roadway that was designated as open or closed as of January 1, 2013;
(d)(i) A person may not operate a wheeled all-terrain vehicle on a public roadway within the boundaries of a city or town, not including nonhighway roads and trails, unless the city or town by ordinance has approved the operation of wheeled all-terrain vehicles on city or town roadways, not including nonhighway roads and trails.
(ii) Any public roadways, not including nonhighway roads and trails, authorized by a legislative body of a city or town under (d)(i) of this subsection must be listed publicly and made accessible from the main page of the city or town website.
(iii) This subsection (1)(d) does not affect any roadway that was designated as open or closed as of January 1, 2013;
(e) Any person who violates this subsection commits a traffic infraction.
(2) Local authorities may not establish requirements for the registration of wheeled all-terrain vehicles.
(3) A person may operate a wheeled all-terrain vehicle upon any public roadway, trail, nonhighway road, or highway within the state while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency's official duties.
(4) A wheeled all-terrain vehicle is an off-road vehicle for the purposes of chapter 4.24 RCW.
[ 2021 c 121 s 1; 2017 c 26 s 1; 2013 2nd sp.s. c 23 s 6. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
(1) A person may operate a wheeled all-terrain vehicle upon any public roadway of this state, not including nonhighway roads and trails, subject to RCW 46.09.455 and the following equipment and declaration requirements:
(a) A person who operates a wheeled all-terrain vehicle must comply with the following equipment requirements:
(i) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion upon a highway;
(ii) One tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a highway; however, a utility-type vehicle, as described under RCW 46.09.310, must have two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a highway;
(iii) A stop lamp meeting the requirements of RCW 46.37.200;
(iv) Reflectors meeting the requirements of RCW 46.37.060;
(v) During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200. Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
(vi) A mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the highway for a distance of at least two hundred feet to the rear of the vehicle; however, a utility-type vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
(vii) A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington state patrol;
(viii) A horn or warning device meeting the requirements of RCW 46.37.380;
(ix) Brakes in working order;
(x) A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
(xi) For utility-type vehicles, as described under RCW 46.09.310(19), seat belts meeting the requirements of RCW 46.37.510.
(b) A person who operates a wheeled all-terrain vehicle upon a public roadway must provide a declaration that includes the following:
(i) Documentation of a safety inspection to be completed by a licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop in the state of Washington that must outline the vehicle information and certify under oath that all wheeled all-terrain vehicle equipment as required under this section meets the requirements outlined in state and federal law. A person who makes a false statement regarding the inspection of equipment required under this section is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040;
(ii) Documentation that the licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop did not charge more than fifty dollars per safety inspection and that the entire safety inspection fee is paid directly and only to the licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop;
(iii) A statement that the licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop is entitled to the full amount charged for the safety inspection;
(iv) A vehicle identification number verification that must be completed by a licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop in the state of Washington;
(v) A release, on a form to be supplied by the department, signed by the owner of the wheeled all-terrain vehicle and verified by the department, county auditor or other agent, or subagent appointed by the director that releases the state, counties, cities, and towns from any liability; and
(vi) A statement that outlines that the owner understands that the original wheeled all-terrain vehicle was not manufactured for on-road use and that it has been modified for use on public roadways.
(2) This section does not apply to emergency services vehicles, vehicles used for emergency management purposes, or vehicles used in the production of agricultural and timber products on and across lands owned, leased, or managed by the owner or operator of the wheeled all-terrain vehicle or the operator's employer.
[ 2016 c 84 s 4; 2015 c 160 s 1; 2013 2nd sp.s. c 23 s 7. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
(1) Except as specified in subsection (2) of this section, no person under sixteen years of age may operate an off-road vehicle on or across a highway or nonhighway road in this state without direct supervision of a person eighteen years of age or older possessing a valid license to operate a motor vehicle under chapter 46.20 RCW. This prohibition does not apply when a person under sixteen years of age is acting in accordance with RCW 46.09.420 (5) and (7).
(2) Persons under sixteen years of age may operate an off-road vehicle across a highway, if at that crossing signs indicate that wheeled all-terrain vehicles or off-road vehicles may be crossing, or on a nonhighway road designated for off-road vehicle use, under the direct supervision of a person eighteen years of age or older possessing a valid license to operate a motor vehicle under chapter 46.20 RCW.
(3) This section does not apply to vehicles used in the production of agricultural or timber products on and across lands owned, leased, or managed by the owner or operator of a wheeled all-terrain vehicle or the operator's employer.
[ 2013 2nd sp.s. c 23 s 16; 2005 c 213 s 5. Formerly RCW 46.09.117. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.300.
(1) Except as provided in subsection (4) of this section, it is a traffic infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of another;
(b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;
(c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
(d) Without a spark arrester approved by the department of natural resources;
(e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured:
(i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
(iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway;
(g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;
(h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail, when these are restricted to pedestrian or animal travel;
(i) On any public lands in violation of rules and regulations of the agency administering such lands; and
(j) On a private nonhighway road in violation of RCW 46.09.450(3).
(2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance.
(3)(a) Except for an off-road vehicle equipped with seat belts and roll bars or an enclosed passenger compartment, it is a traffic infraction for any person to operate or ride an off-road vehicle on a nonhighway road without wearing upon his or her head a motorcycle helmet fastened securely while in motion. For purposes of this section, "motorcycle helmet" has the same meaning as provided in RCW 46.37.530.
(b) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on his or her own land.
(c) Subsection (3)(a) of this section does not apply to an off-road vehicle used in production of agricultural and timber products on and across lands owned, leased, or managed by the owner or operator of the off-road vehicle or the operator's employer.
(4) It is not a traffic infraction to operate an off-road vehicle on a street, road, or highway as authorized under RCW 46.09.360, 46.61.705, or 46.09.455.
[ 2013 2nd sp.s. c 23 s 17. Prior: 2011 c 171 s 28; 2011 c 121 s 4; 2006 c 212 s 3; 2005 c 213 s 3; 2003 c 377 s 1; 1979 ex.s. c 136 s 41; 1977 ex.s. c 220 s 10; 1972 ex.s. c 153 s 12; 1971 ex.s. c 47 s 17. Formerly RCW 46.09.120. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2011 c 121: See note following RCW 46.04.363.
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.300.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) No person may operate a nonhighway vehicle in such a way as to endanger human life.
(2) No person shall operate a nonhighway vehicle in such a way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any nonhighway vehicle except by permit issued by the director of fish and wildlife under RCW 77.32.237: PROVIDED, That it shall not be unlawful to carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and conditions of chapter 9.41 RCW.
(3) For the purposes of this section, "hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or bird.
(4) Violation of this section is a gross misdemeanor.
[ 2004 c 105 s 4; (2004 c 105 s 3 expired July 1, 2004); 2003 c 53 s 233; 1994 c 264 s 35; 1989 c 297 s 3; 1986 c 206 s 7; 1977 ex.s. c 220 s 11; 1971 ex.s. c 47 s 18. Formerly RCW 46.09.130. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Expiration dates—Effective dates—2004 c 105 ss 3-6: "(1) Section 3 of this act expires July 1, 2004.
(2) Section 4 of this act takes effect July 1, 2004.
(3) Section 5 of this act expires June 30, 2005.
(4) Section 6 of this act takes effect June 30, 2005." [ 2004 c 105 s 11.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1986 c 206: See note following RCW 46.09.310.
(1) A person who operates a wheeled all-terrain vehicle consistent with RCW 46.09.470(1) (g), (h), or (i) or inconsistent with the emergency exemption under RCW 46.09.420 is [commits] a traffic infraction.
(2) Any law enforcement officer may issue a notice of traffic infraction for a violation of subsection (1) of this section whether or not the infraction was committed in the officer's presence, as long as there is reasonable evidence presented that the operator of the wheeled all-terrain vehicle committed a violation of subsection (1) of this section. At a minimum, the evidence must include information relating to the time and location at which the violation occurred, and the wheeled all-terrain vehicle metal tag number or a description of the vehicle involved in the violation. If, after an investigation of a reported violation of subsection (1) of this section, the law enforcement officer is able to identify the operator and has probable cause to believe a violation of subsection (1) of this section has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the operator of the wheeled all-terrain vehicle.
[ 2013 2nd sp.s. c 23 s 9. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
(1) Except as provided in RCW 46.09.470(2) and 46.09.480 as now or hereafter amended, violation of the provisions of this chapter is a traffic infraction for which a penalty of not less than twenty-five dollars may be imposed.
(2) In addition to the penalties provided in subsection (1) of this section, the owner and/or the operator of any nonhighway vehicle shall be liable for any damage to property including damage to trees, shrubs, or growing crops injured as the result of travel by the nonhighway vehicle. The owner of such property may recover from the person responsible three times the amount of damage.
[ 2011 c 171 s 29; 1979 ex.s. c 136 s 42; 1977 ex.s. c 220 s 16; 1972 ex.s. c 153 s 16; 1971 ex.s. c 47 s 24. Formerly RCW 46.09.190. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) It is a gross misdemeanor, punishable as provided under chapter 9A.20 RCW, for a resident, as identified in RCW 46.16A.140, to:
(a) Knowingly fail to apply for a Washington state certificate of title for, or to knowingly fail to register, an off-road vehicle within fifteen days of receiving or refusing a notice issued by the department under RCW 46.93.210; or
(b) Register an off-road vehicle in another state to avoid retail sales and use taxes under chapters 82.08 and 82.12 RCW.
(2) For a second or subsequent offense, the person convicted is also subject to a fine equal to four times the amount of avoided taxes and fees, which may not be suspended, except as provided in RCW 10.05.180.
(3) Excise taxes owed and fines assessed must be deposited in the manner provided under RCW 46.16A.030(6).
[ 2021 c 216 s 6; 2017 c 218 s 2. ]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Finding—Intent—2017 c 218: "The legislature finds that many residents of Washington enjoy recreational opportunities for off-road vehicle and snowmobile use afforded by the natural beauty of the state and do so in compliance with vehicle titling and registration laws and other laws that govern off-road vehicle and snowmobile use. At the same time, the legislature recognizes that the current law and corresponding enforcement regime may not be robust enough to ensure full compliance with legal registration requirements and a level playing field for all users. It is therefore the intent of the legislature to modify the statutory framework governing penalties for off-road vehicle and snowmobile registration violations and to add requirements to the department of licensing in order to improve registration compliance." [ 2017 c 218 s 1.]
Effective date—2017 c 218: "This act takes effect August 1, 2017." [ 2017 c 218 s 6.]
Motor vehicle fuel excise taxes paid on fuel used and purchased for providing the motive power for nonhighway vehicles shall not be refundable in accordance with the provisions of *RCW 82.36.280 as it now exists or is hereafter amended.
[ 1977 ex.s. c 220 s 13; 1974 ex.s. c 144 s 1; 1972 ex.s. c 153 s 13; 1971 ex.s. c 47 s 20. Formerly RCW 46.09.150. ]
NOTES:
*Reviser's note: Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 s 501, effective July 1, 2016.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
The nonhighway and off-road vehicle activities program account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The recreation and conservation funding board shall administer the account for purposes specified in this chapter and shall hold it separate and apart from all other money, funds, and accounts of the board. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and any moneys made available to the state of Washington by the federal government for outdoor recreation may be deposited into the account. During the 2025-2027 fiscal biennium, funds may be used for recreation-based appropriations at the department of natural resources.
[ 2025 c 424 s 962; 2007 c 241 s 15; 1995 c 166 s 11. Formerly RCW 46.09.165. ]
NOTES:
Effective date—2025 c 424: See note following RCW 9.46.100.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
(1) From time to time, but at least once each year, the state treasurer must refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.38 RCW, based on: (a) A tax rate of: (i) Nineteen cents per gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005; (ii) twenty cents per gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007; (iii) twenty-one cents per gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009; (iv) twenty-two cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011; (v) twenty-three cents per gallon of motor vehicle fuel from July 1, 2011, through July 31, 2015; (vi) thirty cents per gallon of motor vehicle fuel from August 1, 2015, through June 30, 2016; and (vii) thirty-four and nine-tenths cents per gallon of motor vehicle fuel from July 1, 2016, through June 30, 2031; and (b) beginning July 1, 2031, and thereafter, the state's motor vehicle fuel tax rate in existence at the time of the fuel purchase, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.
(2) The treasurer must place these funds in the general fund as follows:
(a) Thirty-six percent must be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and information programs and maintenance of nonhighway roads;
(b) Three and one-half percent must be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
(c) Two percent must be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent must be credited to the nonhighway and off-road vehicle activities program account to be administered by the board for planning, acquisition, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities and for education, information, and law enforcement programs. The funds under this subsection must be expended in accordance with the following limitations:
(i) Not more than thirty percent may be expended for education, information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the board receives under RCW 46.68.045, may be expended for ORV recreation facilities;
(B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) are known as Ira Spring outdoor recreation facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway road recreation facilities;
(iii) The board may waive the minimum percentage cited in (d)(ii) of this subsection due to insufficient requests for funds or projects that score low in the board's project evaluation. Funds remaining after such a waiver must be allocated in accordance with board policy.
(3) On a yearly basis an agency may not, except as provided in RCW 46.68.045, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
(4) During the 2009-2011 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the NOVA account to the department of natural resources to install consistent off-road vehicle signage at department-managed recreation sites, and to implement the recreation opportunities on department-managed lands in the Reiter block and Ahtanum state forest, and to the state parks and recreation commission. The legislature finds that the appropriation of funds from the NOVA account during the 2009-2011 fiscal biennium for maintenance and operation of state parks or to improve accessibility for boaters and off-road vehicle users at state parks will benefit boaters and off-road vehicle users and others who use nonhighway and nonmotorized recreational facilities. The appropriations under this subsection are not required to follow the specific distribution specified in subsection (2) of this section.
(5) During the 2021-2023 and 2025-2027 fiscal biennia, the legislature may appropriate moneys from the NOVA account to the department of natural resources to support programs that benefit ORV, nonhighway road, and nonmotorized recreational facilities.
[ 2025 c 424 s 963; 2021 c 334 s 985; 2015 3rd sp.s. c 44 s 110. Prior: (2015 3rd sp.s. c 44 s 109 expired July 1, 2016); (2015 2nd sp.s. c 9 s 2 repealed by 2015 3rd sp.s. c 44 s 111); 2013 c 225 s 608; prior: 2010 1st sp.s. c 37 s 936; 2010 c 161 s 222; prior: 2009 c 564 s 944; 2009 c 187 s 2; prior: 2007 c 522 s 953; 2007 c 241 s 16; 2004 c 105 s 6; (2004 c 105 s 5 expired June 30, 2005); prior: (2003 1st sp.s. c 26 s 920 expired June 30, 2005); 2003 1st sp.s. c 25 s 922; 2003 c 361 s 407; 1995 c 166 s 9; 1994 c 264 s 36; 1990 c 42 s 115; 1988 c 36 s 25; 1986 c 206 s 8; 1979 c 158 s 130; 1977 ex.s. c 220 s 14; 1975 1st ex.s. c 34 s 1; 1974 ex.s. c 144 s 3; 1972 ex.s. c 153 s 15; 1971 ex.s. c 47 s 22. Formerly RCW 46.09.170. ]
NOTES:
Effective date—2025 c 424: See note following RCW 9.46.100.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Effective date—2015 3rd sp.s. c 44 ss 103, 105, and 110: See note following RCW 82.38.030.
Contingent expiration date—2015 3rd sp.s. c 44 ss 101, 102, 104, and 109: See note following RCW 82.38.030.
Findings—Intent—2015 2nd sp.s. c 9: "The legislature finds that through statutory mechanisms and voter-approved initiatives, a long-standing commitment has been in place to direct refunds from fuel tax purchases made by boaters, off-road and nonhighway vehicle riders and drivers, and snowmobilers into dedicated nonhighway-purpose accounts that provide infrastructure grants and operating assistance to those nonhighway users.
The legislature finds that the state departed from its commitment in 2003 and 2005 when motor vehicle fuel tax increases of five cents and nine and one-half cents contained no statutory direction to dedicate the refund percentage from the fourteen and one-half cents of fuel tax purchases made by boaters, off-road and nonhighway vehicle riders and drivers, and snowmobilers into the appropriate nonhighway-purpose user accounts.
The legislature intends to remedy this problem by fully restoring the refund percentages into nonhighway-purpose accounts established to benefit nonhighway users of fuel. The legislature also intends to honor its commitment when the refund amounts from nonhighway-purpose fuel tax purchases are no longer necessary to repay bonded debt associated with the 2003 and 2005 motor vehicle fuel tax increases. The legislature also intends to specify that as of July 1, 2031, the state will apply the total percentage of nonhighway-purpose fuel tax refunds into the proper nonhighway user accounts for boaters, off-road and nonhighway vehicle riders and drivers, and snowmobilers." [ 2015 2nd sp.s. c 9 s 1.]
Effective date—2013 c 225: See note following RCW 82.38.010.
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2007 c 522: See notes following RCW 15.64.050.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Expiration dates—Effective dates—2004 c 105 ss 3-6: See note following RCW 46.09.480.
Expiration date—Effective dates—2003 1st sp.s. c 26: See notes following RCW 43.88.032.
Severability—Effective date—2003 1st sp.s. c 25: See note following RCW 19.28.351.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective date—1986 c 206: See note following RCW 46.09.310.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [ 1975 1st ex.s. c 34 s 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) After deducting administrative expenses and the expense of any programs conducted under this chapter, the board shall, at least once each year, distribute the funds it receives under RCW 46.68.045 and 46.09.520 to state agencies, counties, municipalities, federal agencies, nonprofit off-road vehicle organizations, and Indian tribes. Funds distributed under this section to nonprofit off-road vehicle organizations may be spent only on projects or activities that benefit off-road vehicle recreation on publicly owned lands or lands once publicly owned that come into private ownership in a federally approved land exchange completed between January 1, 1998, and January 1, 2005.
(2) The board shall adopt rules governing applications for funds administered by the recreation and conservation office under this chapter and shall determine the amount of money distributed to each applicant. Agencies receiving funds under this chapter for capital purposes shall consider the possibility of contracting with the state parks and recreation commission, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews in completing the project.
(3) The board shall require each applicant for acquisition or development funds under this section to comply with the requirements of either the state environmental policy act, chapter 43.21C RCW, or the national environmental policy act (42 U.S.C. Sec. 4321 et seq.).
[ 2013 2nd sp.s. c 23 s 18; 2010 c 161 s 223; 2007 c 241 s 17; 2004 c 105 s 7; 1998 c 144 s 1; 1991 c 363 s 122; 1986 c 206 s 9; 1977 ex.s. c 220 s 17. Formerly RCW 46.09.240. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Effective date—1986 c 206: See note following RCW 46.09.310.
(1) The multiuse roadway safety account is created in the motor vehicle fund. All receipts from vehicle license fees under RCW 46.17.350(1)(r) must be deposited into the account. Moneys in the account may be spent only after appropriation. Except as provided in (e) of this subsection and subsection (3) of this section, expenditures from the account may be used only for grants administered by the department of transportation to: (a) Counties to perform safety engineering analysis of mixed vehicle use on any road within a county; (b) local governments to provide funding to erect signs providing notice to the motoring public that (i) wheeled all-terrain vehicles are present or (ii) wheeled all-terrain vehicles may be crossing; (c) the state patrol or local law enforcement for purposes of defraying the costs of enforcement of chapter 23, Laws of 2013 2nd sp. sess.; (d) law enforcement to investigate accidents involving wheeled all-terrain vehicles; and (e) during the 2025-2027 biennium grants may be made to counties and cities to (i) enhance or maintain any segment of a road within the jurisdiction in which the segment has been designated as part of a travel or tourism route for use by wheeled all-terrain vehicles; and (ii) purchase, print, develop, or use educational brochures or mapping technology that aids in the safety and direction of users of wheeled all-terrain vehicle routes.
(2) The department of transportation must prioritize grant awards in the following priority order:
(a) For the purpose of marking highway crossings with signs warning motorists that wheeled all-terrain vehicles may be crossing when an ORV recreation facility parking lot is on the other side of a public roadway from the actual ORV recreation facility; and
(b) For the purpose of marking intersections with signs where a wheeled all-terrain vehicle may cross a public road to advise motorists of the upcoming intersection. Such signs must conform to the manual on uniform traffic control devices.
(3)(a) During the 2025-2027 fiscal biennium, expenditures from the account may be used for interagency transfers to the departments of natural resources and fish and wildlife, during the second year of the fiscal biennium, with respect to roads that are comanaged by the agencies and which are open for use by wheeled all-terrain vehicles, for the purposes of:
(i) Mitigating impacts to road surfaces caused by wheeled all-terrain vehicles on public roadways authorized for wheeled all-terrain vehicle travel;
(ii) Erecting signage to identify the designation of public roadways as either open or closed to wheeled all-terrain vehicles, depending on whether the roadway has been authorized for wheeled all-terrain vehicle travel; or
(iii) Purchasing, printing, developing, or using educational brochures or mapping technology that aids in the safety and direction of users of wheeled all-terrain vehicle routes.
(b) The department of transportation must limit the interagency transfers to the departments of natural resources and fish and wildlife under this subsection (3) such that a minimum of $80,000 is available to be allocated for grants to eligible local governments during the biennium.
(c) Prior to an interagency transfer to either the department of natural resources or the department of fish and wildlife under this subsection (3), the county or counties in which the proposed project will take place must first submit a letter of support to the implementing department and to the department of transportation.
[ 2025 c 416 s 703; 2021 c 333 s 720; 2013 2nd sp.s. c 23 s 10. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2021 c 333: See note following RCW 43.19.642.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
The following definitions apply throughout this chapter unless the context clearly requires otherwise.
(1) "All-terrain vehicle" means any self-propelled vehicle other than a snowmobile, capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including, but not limited to, four-wheel vehicles, amphibious vehicles, ground effect or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.
(2) "Commission" means the Washington state parks and recreation commission.
(3) "Committee" means the Washington state parks and recreation commission snowmobile advisory committee.
(4) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling snowmobiles or all-terrain vehicles at wholesale or retail in this state.
(5) "Highway" means the entire width of the right-of-way of a primary and secondary state highway, including any portion of the interstate highway system.
(6) "Hunt" means any effort to kill, injure, capture, or disturb a wild animal or wild bird.
(7) "Public roadway" means the entire width of the right-of-way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.
(8) "Snowmobile" means "snowmobile" as defined in RCW 46.04.546, "snow bike" as defined in RCW 46.04.545, and "tracked all-terrain vehicle" as defined in RCW 46.04.589.
[ 2021 c 86 s 1; 2019 c 262 s 5. Prior: 2010 c 161 s 225; 2005 c 235 s 1; 1979 ex.s. c 182 s 1; 1979 c 158 s 131; 1971 ex.s. c 29 s 1. Formerly RCW 46.10.010. ]
NOTES:
Effective date—2019 c 262: See note following RCW 46.16A.460.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Application—2005 c 235: "This act applies to registrations due or to become due on October 1, 2005, and thereafter." [ 2005 c 235 s 4.]
(1) Except as provided in this chapter, a person may not operate a snowmobile within this state unless the snowmobile has been registered as required under this chapter.
(2) Snowmobile decals must be assigned, without the payment of a fee, to snowmobiles owned by the state of Washington or its political subdivisions. The snowmobile decals must be displayed upon each snowmobile in accordance with rules adopted by the department.
[ 2010 c 161 s 226; 2008 c 52 s 1; 2005 c 235 s 2; 1982 c 17 s 1; 1979 ex.s. c 182 s 3; 1971 ex.s. c 29 s 2. Formerly RCW 46.10.020. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Application—2005 c 235: See note following RCW 46.10.300.
(1) There is created in the Washington state parks and recreation commission a snowmobile advisory committee to advise the commission regarding the administration of this chapter.
(2) The purpose of the committee is to assist and advise the commission in the planned development of snowmobile facilities and programs.
(3) The committee shall consist of:
(a) Six interested snowmobilers, appointed by the commission; each such member shall be a resident of one of the six geographical areas throughout this state where snowmobile activity occurs, as defined by the commission;
(b) Three representatives of the nonsnowmobiling public, appointed by the commission; and
(c) One representative of the department of natural resources, one representative of the department of fish and wildlife, and one representative of the Washington state association of counties; each of whom shall be appointed by the director of such department or association.
(4) Terms of the members appointed under subsection (3)(a) and (b) of this section shall commence on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term: PROVIDED, That the first such members shall be appointed for terms as follows: Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.
(5) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Expenditures under this subsection shall be from the snowmobile account created by RCW 46.68.350.
(6) The committee may meet at times and places fixed by the committee. The committee shall meet not less than twice each year and additionally as required by the committee chair or by majority vote of the committee. One of the meetings shall be coincident with a meeting of the commission at which the committee shall provide a report to the commission. The chair of the committee shall be chosen under procedures adopted by the committee from those members appointed under subsection (3)(a) and (b) of this section.
(7) The Washington state parks and recreation commission shall serve as recording secretary to the committee. A representative of the department of licensing shall serve as an ex officio member of the committee and shall be notified of all meetings of the committee. The recording secretary and the ex officio member shall be nonvoting members.
(8) The committee shall adopt procedures to govern its proceedings.
[ 2010 c 161 s 235; 2010 c 8 s 9004; 1994 c 264 s 38; 1989 c 175 s 110; 1988 c 36 s 26; 1987 c 330 s 1201. Prior: 1986 c 270 s 9; 1986 c 16 s 3; 1983 c 139 s 1; 1979 ex.s. c 182 s 2. Formerly RCW 46.10.220. ]
NOTES:
Reviser's note: This section was amended by 2010 c 161 s 235 and by 2010 c 8 s 9004, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1989 c 175: See note following RCW 34.05.010.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
The operator of any snowmobile involved in any accident resulting in injury to or death of any person, or property damage to an apparent extent equal to or greater than the minimum amount established by rule adopted by the Washington state patrol in accordance with chapter 46.52 RCW, or a person acting for the operator, or the owner of the snowmobile having knowledge of the accident, if the operator of the snowmobile is unknown, shall submit such reports as are required under chapter 46.52 RCW, and the provisions of chapter 46.52 RCW applies to the reports when submitted.
[ 1990 c 250 s 27; 1971 ex.s. c 29 s 14. Formerly RCW 46.10.140. ]
Notwithstanding any of the provisions of this chapter, any city, county, or other political subdivision of this state, or any state agency, may regulate the operation of snowmobiles on public lands, waters, and other properties under its jurisdiction, and on streets or highways within its boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not inconsistent with the provisions of this chapter; and provided further that no such city, county, or other political subdivision of this state, nor any state agency, may adopt a regulation or ordinance which imposes a special fee for the use of public lands or waters by snowmobiles, or for the use of any access thereto which is owned by or under the jurisdiction of either the United States, this state, or any such city, county, or other political subdivision.
[ 1971 ex.s. c 29 s 18. Formerly RCW 46.10.180. ]
Notwithstanding any other provisions of this chapter, the local governing body may provide for the safety and convenience of snowmobiles and snowmobile operators. Such provisions may include, but shall not necessarily be limited to, the clearing of areas for parking automobiles, the construction and maintenance of rest areas, and the designation and development of given areas for snowmobile use.
[ 1972 ex.s. c 153 s 25. Formerly RCW 46.10.185. ]
NOTES:
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, fish and wildlife officers, state park rangers, and those employees of the department of natural resources designated by the commissioner of public lands under *RCW 43.30.310, as having police powers to enforce the laws of this state.
[ 2001 c 253 s 4; 1980 c 78 s 131; 1971 ex.s. c 29 s 20. Formerly RCW 46.10.200. ]
NOTES:
*Reviser's note: RCW 43.30.310 was recodified as RCW 43.12.065 pursuant to 2003 c 334 s 127.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
With the exception of the registration and licensing provisions, this chapter shall be administered by the Washington state parks and recreation commission. The department shall consult with the commission prior to adopting rules to carry out its duties under this chapter. After consultation with the committee, the commission shall adopt such rules as may be necessary to carry out its duties under this chapter. Nothing in this chapter is intended to discourage experimental or pilot programs which could enhance snowmobile safety or recreational snowmobiling.
[ 1979 ex.s. c 182 s 15; 1973 1st ex.s. c 128 s 5. Formerly RCW 46.10.210. ]
(1) The application for an original snowmobile registration has the same requirements as described for original vehicle registrations in RCW 46.16A.040 and must be accompanied by the annual snowmobile registration fee required under RCW 46.17.350, in addition to any other fees and taxes due at the time of application.
(2) The application for renewal of a snowmobile registration has the same requirements as described for the renewal of vehicle registrations in RCW 46.16A.110 and must be accompanied by the annual snowmobile registration fee required under RCW 46.17.350, in addition to any other fees or taxes due at the time of application.
(3) The snowmobile registration is valid for one year and must be renewed each year thereafter as determined by the department.
(4) A person who acquires a snowmobile that has a valid snowmobile registration must:
(a) Apply to the department, county auditor or other agent, or subagent appointed by the director for a transfer of the snowmobile registration within ten days of taking possession of the snowmobile; and
(b) Pay the snowmobile registration transfer fee required under RCW 46.17.420, in addition to any other fees or taxes due at the time of application.
(5) The department shall issue a snowmobile registration and snowmobile decals upon receipt of:
(a) A properly completed application for an original snowmobile registration; and
(b) The payment of all fees and taxes due at the time of application.
(6) The snowmobile registration must be carried on the vehicle for which it was issued at all times during its operation in this state.
(7) Snowmobile decals must be affixed to the snowmobile as provided in RCW 46.10.440.
(8) Snowmobile registration fees provided in this section and in RCW 46.17.350 are in lieu of any personal property or excise tax imposed on snowmobiles by this state or any political subdivision. A state agency, city, county, or other municipality may not impose other registration fees on a snowmobile in this state.
[ 2010 c 161 s 228; 2008 c 52 s 2; 2005 c 235 s 3; 2002 c 352 s 2; 2001 2nd sp.s. c 7 s 918; 1997 c 241 s 2; 1996 c 164 s 1; 1986 c 16 s 2; 1982 c 17 s 2; 1979 ex.s. c 182 s 5; 1973 1st ex.s. c 128 s 1; 1972 ex.s. c 153 s 20; 1971 ex.s. c 29 s 4. Formerly RCW 46.10.040. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Application—2005 c 235: See note following RCW 46.10.300.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Purpose—Policy statement as to certain state lands—1972 ex.s. c 153: See RCW 79A.35.070.
Registration is not required under this chapter for the following snowmobiles:
(1) Snowmobiles owned and operated by the United States, another state, or a political subdivision thereof.
(2) A snowmobile owned by a resident of another state or Canadian province if that snowmobile is registered under the laws of the state or province in which its owner resides. This exemption applies only to the extent that a similar exemption or privilege is granted under the laws of that state or province. Any snowmobile that is validly registered in another state or province and that is physically located in this state for a period of more than fifteen consecutive days is subject to registration under this chapter.
[ 2010 c 161 s 227; 1986 c 16 s 1; 1979 ex.s. c 182 s 4; 1975 1st ex.s. c 181 s 1; 1971 ex.s. c 29 s 3. Formerly RCW 46.10.030. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The owner of a motorcycle may apply for a snowmobile registration as provided in RCW 46.16A.460 and under the terms of this chapter to use the motorcycle, when properly converted, as a snow bike for the purposes of this chapter.
[ 2019 c 262 s 2. ]
NOTES:
Effective date—2019 c 262: See note following RCW 46.16A.460.
The owner of a wheeled all-terrain vehicle weighing less than two thousand pounds in stock configuration, when properly converted, as a tracked all-terrain vehicle, may apply for a snowmobile registration as provided in RCW 46.09.390 and under the terms and for the purposes of this chapter.
[ 2021 c 86 s 3. ]
(1) Each dealer of snowmobiles in this state shall obtain a snowmobile dealer license from the department in a manner prescribed by the department. Upon receipt of an application for a snowmobile dealer's license and the fee provided in subsection (2) of this section, the dealer is licensed and a snowmobile dealer license number must be assigned.
(2) The annual license fee for a snowmobile dealer is twenty-five dollars, which covers all of the snowmobiles offered by a dealer for sale and not rented on a regular, commercial basis. Snowmobiles rented on a regular commercial basis by a snowmobile dealer must be registered separately under RCW 46.10.310, 46.10.400, 46.10.430, and 46.10.440.
(3) Upon the issuance of a snowmobile dealer license, a snowmobile dealer may purchase, at a cost to be determined by the department, snowmobile dealer license plates of a size and color to be determined by the department. The snowmobile dealer license plates must contain the snowmobile license number assigned to the dealer. Each snowmobile operated by a dealer, dealer representative, or prospective customer for the purposes of demonstration or testing shall display snowmobile dealer license plates in a clearly visible manner.
(4) Only a dealer, dealer representative, or prospective customer may display a snowmobile dealer plate, and only a dealer, dealer representative, or prospective customer may use a snowmobile dealer's license plate for the purposes described in subsection (3) of this section.
(5) Snowmobile dealer licenses are nontransferable.
(6) It is unlawful for any snowmobile dealer to sell a snowmobile at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless the dealer has a snowmobile dealer license as required under this section.
(7) When a snowmobile is sold by a snowmobile dealer, the dealer:
(a) Shall apply for licensing in the purchaser's name as provided by rules adopted by the department; and
(b) May issue a temporary license as provided by rules adopted by the department.
[ 2012 c 74 s 13; 2010 c 161 s 231; 1990 c 250 s 26; 1982 c 17 s 5; 1971 ex.s. c 29 s 5. Formerly RCW 46.10.050. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Snowmobile decals assigned to a snowmobile in this state at the time of its original registration must remain with that snowmobile until the snowmobile is destroyed, abandoned, or permanently removed from this state, or until changed or terminated by the department.
(2) The department shall issue and deliver to the snowmobile owner upon proper application:
(a) A registration certificate, in a form as prescribed by the department. The registration certificate is not valid unless it is signed by the person who signed the application for registration; and
(b) License tabs showing the current expiration of the snowmobile registration. The license tabs must be affixed to the snowmobile as prescribed by the department.
(3) A snowmobile is not properly registered unless license tabs and a current registration certificate have been issued.
[ 2010 c 161 s 233; 1971 ex.s. c 29 s 6. Formerly RCW 46.10.060. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Snowmobile decals assigned to each snowmobile must be:
(a) Permanently affixed to and displayed upon each snowmobile as provided by rules adopted by the department; and
(b) Maintained in a legible condition.
(2) Dealer license plates as provided for in RCW 46.10.420 may be temporarily affixed.
(3) The department shall make available a pair of identical snowmobile decals consistent with subsection (1) of this section. The decals serve the same function as license plates for vehicles registered under chapter 46.16A RCW. The department shall charge each applicant for an original registration the actual cost of the snowmobile decal. The department shall make available replacement snowmobile decals for a fee equivalent to the actual cost of the snowmobile decals.
[ 2011 c 171 s 30; 2010 c 161 s 234; 1973 1st ex.s. c 128 s 2; 1972 ex.s. c 153 s 21; 1971 ex.s. c 29 s 7. Formerly RCW 46.10.070. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(1) The application for a nonresident temporary snowmobile permit must be made by the snowmobile owner or the owner's authorized representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department. The application must contain:
(a) The name and address of each owner of the snowmobile; and
(b) Other information the department may require.
(2) The snowmobile owner or the owner's authorized representative shall sign the application for a nonresident temporary snowmobile permit.
(3) The application for a nonresident temporary snowmobile permit must be accompanied by the nonresident temporary snowmobile permit fee required under RCW 46.17.400, in addition to any other fees or taxes due at the time of application.
(4) Nonresident temporary snowmobile permits:
(a) Are available for snowmobiles owned by residents of another state or Canadian province where registration is not required by law;
(b) Are valid for not more than sixty days; and
(c) Must be carried on the snowmobile at all times during its operation in this state.
[ 2010 c 161 s 229. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
It shall be lawful to drive or operate a snowmobile across public roadways and highways other than limited access highways when:
The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and
The snowmobile is brought to a complete stop before entering the public roadway or highway; and
The operator of the snowmobile yields the right-of-way to motor vehicles using the public roadway or highway; and
The crossing is made at a place which is greater than one hundred feet from any public roadway or highway intersection.
[ 1971 ex.s. c 29 s 10. Formerly RCW 46.10.100. ]
Notwithstanding the provisions of RCW 46.10.460, it shall be lawful to operate a snowmobile upon a public roadway or highway:
Where such roadway or highway is completely covered with snow or ice and has been closed by the responsible governing body to motor vehicle traffic during the winter months; or
When the responsible governing body gives notice that such roadway or highway is open to snowmobiles or all-terrain vehicle use; or
In an emergency during the period of time when and at locations where snow upon the roadway or highway renders such impassible to travel by automobile; or
When traveling along a designated snowmobile trail.
[ 2011 c 171 s 31; 1972 ex.s. c 153 s 23; 1971 ex.s. c 29 s 11. Formerly RCW 46.10.110. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
No person under twelve years of age shall operate a snowmobile on or across a public roadway or highway in this state, and no person between the ages of twelve and sixteen years of age shall operate a snowmobile on or across a public road or highway in this state unless he or she has taken a snowmobile safety education course and been certified as qualified to operate a snowmobile by an instructor designated by the commission as qualified to conduct such a course and issue such a certificate, and he or she has on his or her person at the time he or she is operating a snowmobile evidence of such certification: PROVIDED, That persons under sixteen years of age who have not been certified as qualified snowmobile operators may operate a snowmobile under the direct supervision of a qualified snowmobile operator.
[ 2010 c 8 s 9003; 1972 ex.s. c 153 s 24; 1971 ex.s. c 29 s 12. Formerly RCW 46.10.120. ]
NOTES:
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
The director may by order deny, suspend, or revoke the license of any snowmobile dealer or, in lieu thereof or in addition thereto, may by order assess monetary civil penalties not to exceed five hundred dollars per violation, if the director finds that the order is in the public interest and that the applicant or licensee, or any partner, officer, director, or owner of ten percent of the assets of the firm, or any employee or agent:
(1) Has failed to comply with the applicable provisions of this chapter or any rules adopted under this chapter; or
(2) Has failed to pay any monetary civil penalty assessed by the director under this section within ten days after the assessment becomes final.
[ 2010 c 161 s 232; 1982 c 17 s 4. Formerly RCW 46.10.055. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) It is a traffic infraction for any person to operate any snowmobile:
(a) At a rate of speed greater than reasonable and prudent under the existing conditions.
(b) In a manner so as to endanger the property of another.
(c) Without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others.
(d) Without an adequate braking device which may be operated either by hand or foot.
(e) Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive or unusual noise, and, (i) on snowmobiles manufactured on or before January 4, 1973, which shall effectively limit such noise at a level of eighty-six decibels, or below, on the "A" scale at fifty feet, and (ii) on snowmobiles manufactured after January 4, 1973, which shall effectively limit such noise at a level of eighty-two decibels, or below, on the "A" scale at fifty feet, and (iii) on snowmobiles manufactured after January 1, 1975, which shall effectively limit such noise at a level of seventy-eight decibels, or below, as measured on the "A" scale at a distance of fifty feet, under testing procedures as established by the department of ecology; except snowmobiles used in organized racing events in an area designated for that purpose may use a bypass or cutout device. This section shall not affect the power of the department of ecology to adopt noise performance standards for snowmobiles. Noise performance standards adopted or to be adopted by the department of ecology shall be in addition to the standards contained in this section, but the department's standards shall supersede this section to the extent of any inconsistency.
(f) Upon the paved portion or upon the shoulder or inside bank or slope of any public roadway or highway, or upon the median of any divided highway, except as provided in RCW 46.10.460 and 46.10.470.
(g) In any area or in such a manner so as to expose the underlying soil or vegetation, or to injure, damage, or destroy trees or growing crops.
(h) Without a current registration decal affixed thereon, if not exempted under RCW 46.10.410 as now or hereafter amended.
(2) It is a misdemeanor for any person to operate any snowmobile so as to endanger the person of another or while under the influence of intoxicating liquor or narcotics or habit-forming drugs.
[ 2011 c 171 s 32; 1980 c 148 s 1. Prior: 1979 ex.s. c 182 s 10; 1979 ex.s. c 136 s 43; 1975 1st ex.s. c 181 s 5; 1971 ex.s. c 29 s 9. Formerly RCW 46.10.090. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—1980 c 148: "Sections 1 through 7 of this 1980 act shall take effect January 1, 1981. Section 8 of this 1980 act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing institutions, and shall take effect immediately." [ 1980 c 148 s 9.]
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) No person shall operate a snowmobile in such a way as to endanger human life.
(2) No person shall operate a snowmobile in such a way as to run down or harass deer, elk, or any wildlife, or any domestic animal, nor shall any person carry any loaded weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW 77.32.237.
(3) Any person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 234; 1994 c 264 s 37; 1989 c 297 s 4; 1979 ex.s. c 182 s 11; 1971 ex.s. c 29 s 13. Formerly RCW 46.10.130. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) Except as provided in RCW 46.10.490(2), 46.10.485, and 46.10.495, any violation of the provisions of this chapter is a traffic infraction: PROVIDED, That the penalty for failing to display a valid registration decal under RCW 46.10.490 as now or hereafter amended shall be a fine of forty dollars and such fine shall be remitted to the general fund of the governmental unit, which personnel issued the citation, for expenditure solely for snowmobile law enforcement.
(2) In addition to the penalties provided in RCW 46.10.490 and subsection (1) of this section, the operator and/or the owner of any snowmobile used with the permission of the owner shall be liable for three times the amount of any damage to trees, shrubs, growing crops, or other property injured as the result of travel by such snowmobile over the property involved.
[ 2011 c 171 s 33; 1982 c 17 s 8; 1980 c 148 s 2. Prior: 1979 ex.s. c 182 s 14; 1979 ex.s. c 136 s 44; 1975 1st ex.s. c 181 s 6; 1971 ex.s. c 29 s 19. Formerly RCW 46.10.190. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) It is a gross misdemeanor, punishable as provided under chapter 9A.20 RCW, for a resident, as identified in RCW 46.16A.140, to:
(a) Knowingly fail to register a snowmobile within fifteen days of receiving or refusing a notice issued by the department under RCW 46.93.210; or
(b) Register a snowmobile in another state to avoid retail sales and use taxes under chapters 82.08 and 82.12 RCW.
(2) For a second or subsequent offense, the person convicted is also subject to a fine equal to four times the amount of avoided taxes and fees, which may not be suspended, except as provided in RCW 10.05.180.
(3) Excise taxes owed and fines assessed must be deposited in the manner provided under RCW 46.16A.030(6).
[ 2021 c 216 s 7; 2017 c 218 s 3. ]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Finding—Intent—Effective date—2017 c 218: See notes following RCW 46.09.495.
From time to time, but at least once each biennium, the director shall request the state treasurer to refund from the motor vehicle fund amounts which have been determined to be a tax on snowmobile fuel, and the treasurer shall refund such amounts determined under RCW 46.10.530, and place them in the snowmobile account in the general fund.
[ 2011 c 171 s 34; 1994 c 262 s 3; 1979 ex.s. c 182 s 12; 1975 1st ex.s. c 181 s 3; 1973 1st ex.s. c 128 s 4; 1971 ex.s. c 29 s 15. Formerly RCW 46.10.150. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Motor vehicle fuel used and purchased for providing the motive power for snowmobiles shall be considered a nonhighway use of fuel, but persons so purchasing and using motor vehicle fuel shall not be entitled to a refund of the motor vehicle fuel excise tax paid in accordance with the provisions of *RCW 82.36.280 as it now exists or is hereafter amended.
[ 1971 ex.s. c 29 s 16. Formerly RCW 46.10.160. ]
NOTES:
*Reviser's note: Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 s 501, effective July 1, 2016.
From time to time, but at least once each four years, the department shall determine the amount of moneys paid to it as motor vehicle fuel tax that is tax on snowmobile fuel. Such determination shall use one hundred thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and: (1) A fuel tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one cents per gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011; (e) twenty-three cents per gallon of motor vehicle fuel from July 1, 2011, through July 31, 2015; (f) thirty cents per gallon of motor vehicle fuel from August 1, 2015, through June 30, 2016; and (g) thirty-four and nine-tenths cents per gallon of motor vehicle fuel from July 1, 2016, through June 30, 2031; and (2) beginning July 1, 2031, and thereafter, the state's motor vehicle fuel tax rate in existence at the time of the fuel purchase.
[ 2015 3rd sp.s. c 44 s 112; (2015 2nd sp.s. c 9 s 3 repealed by 2015 3rd sp.s. c 44 s 111); 2003 c 361 s 408; 1994 c 262 s 4; 1993 c 54 s 7; 1990 c 42 s 117; 1979 ex.s. c 182 s 13; 1971 ex.s. c 29 s 17. Formerly RCW 46.10.170. ]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Findings—Intent—2015 2nd sp.s. c 9: See note following RCW 46.09.520.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
This chapter may be known and cited as the "Snowmobile act".
[ 1971 ex.s. c 29 s 22. ]
(1) A person shall not:
(a) Operate a vehicle in this state with a registration certificate issued by the department without having a certificate of title for the vehicle that contains the name of the registered owner exactly as it appears on the registration certificate; or
(b) Sell or transfer a vehicle without complying with the provisions of this chapter relating to certificates of title and vehicle registration.
(2) A certificate of title does not need to be obtained for a vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing and demonstration, or for a vehicle used by a manufacturer or dealer solely for testing. A security interest in a vehicle held as inventory by a manufacturer or dealer must be perfected as described in chapter 62A.9A RCW. An endorsement is not required on certificates of title held by a manufacturer or dealer to perfect the security interest. A certificate of title may be issued for any vehicle without the vehicle needing to be registered.
[ 2010 c 161 s 301; 1997 c 241 s 3; 1979 c 158 s 132; 1975 c 25 s 6; 1967 c 140 s 1; 1967 c 32 s 6; 1961 c 12 s 46.12.010. Prior: 1937 c 188 s 2; RRS s 6312-2. Formerly RCW 46.12.010. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1967 c 140: "This act shall become effective at midnight on June 30, 1967. It applies to transactions entered into and events occurring after that date." [ 1967 c 140 s 11.]
(1) The application for a certificate of title of a vehicle must be made by the owner or owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the vehicle, including make, model, vehicle identification number, type of body, and the odometer reading at the time of delivery of the vehicle;
(b) The name and address of the person who is to be the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party; and
(c) Other information the department may require.
(2) The department may require additional information and a physical examination of the vehicle or of any class of vehicles, or either.
(3) The application for a certificate of title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW. The department shall keep the application in the original, computer, or photostatic form.
(4) The application for an original certificate of title must be accompanied by:
(a) A draft, money order, certified bank check, or cash for all fees and taxes due for the application for certificate of title; and
(b) The most recent certificate of title or other satisfactory evidence of ownership.
(5) Once issued, a certificate of title is not subject to renewal.
(6) Whenever any person, after applying for or receiving a certificate of title, moves from the address named in the application or in the certificate of title issued to him or her, or changes his or her name of record, the person shall, within ten days thereafter, notify the department of the name or address change as provided in RCW 46.08.195.
[ 2019 c 232 s 18; 2017 c 147 s 3; 2010 c 161 s 302; 2007 c 420 s 1; 2005 c 173 s 1; 2004 c 188 s 1; 2001 c 125 s 1. Prior: 1995 c 274 s 1; 1995 c 256 s 23; 1990 c 238 s 1; 1975 c 25 s 8; 1974 ex.s. c 128 s 1; 1972 ex.s. c 99 s 2; 1967 c 32 s 8; 1961 c 12 s 46.12.030; prior: 1947 c 164 s 1, part; 1937 c 188 s 3, part; Rem. Supp. 1947 s 6312-2, part. Formerly RCW 46.12.030. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2001 c 125: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 125 s 5.]
Effective date, implementation—1990 c 238: "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 May 1, 1990. The director of licensing shall immediately take such steps as are necessary to ensure that this act is implemented on its effective date." [ 1990 c 238 s 9.]
Effective date—1974 ex.s. c 128: "This 1974 amendatory act shall take effect July 1, 1974." [ 1974 ex.s. c 128 s 3.]
Notice of liability insurance requirement: RCW 46.16A.130.
(1) The department shall issue an electronic record of ownership or a written certificate of title if the department is satisfied from the statements on the application that the applicant is the legal owner of the vehicle or otherwise entitled to have a certificate of title in the applicant's name.
(2) Each certificate of title issued by the department must contain:
(a) The date of application;
(b) The certificate of title number assigned to the vehicle;
(c) The name and address of the registered owner and legal owner;
(d) The vehicle identification number;
(e) The mileage reading, if required, as provided by the odometer disclosure statement submitted with the application involving a transfer of ownership;
(f) A notation that the recorded mileage is actual, not actual, or exceeds mechanical limits;
(g) A blank space on the face of the certificate of title for the signature of the registered owner;
(h) Information on whether the vehicle was ever registered and operated as an exempt vehicle or taxicab;
(i) A brand conspicuously shown across its front if indicating that the vehicle has been rebuilt after becoming a salvage vehicle;
(j) The director's signature and the seal of the department; and
(k) Any other description of the vehicle and facts the department may require.
(3) The department shall deliver the registration certificate to the registered owner and the certificate of title to the legal owner, or both to the person who is both the registered owner and legal owner.
[ 2010 c 161 s 305; 1996 c 26 s 2; 1993 c 307 s 1; 1990 c 238 s 3; 1975 c 25 s 9; 1967 c 32 s 9; 1961 c 12 s 46.12.050. Prior: 1959 c 166 s 1; 1947 c 164 s 2; 1937 c 188 s 4; Rem. Supp. 1947 s 6312-4. Formerly RCW 46.12.050. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date, implementation—1990 c 238: See note following RCW 46.12.530.
(1) The department may refuse to issue or may cancel a certificate of title at any time if the department determines that an applicant for a certificate of title is not entitled to a certificate of title. Notice of cancellation may be accomplished by sending a notice by first-class mail using the last known address in department records for the registered or legal owner or owners, and completing an affidavit of first-class mail. It is unlawful for any person to remove, drive, or operate the vehicle until a proper certificate of title has been issued. Any person removing, driving, or operating a vehicle after the refusal to issue or cancellation of the certificate of title is guilty of a gross misdemeanor.
(2)(a) The suspension of, revocation of, cancellation of, or refusal to issue a certificate of title or vehicle registration provided for in chapters 46.12 and 46.16A RCW by the director is conclusive unless the person whose registration or certificate is suspended, revoked, canceled, or refused appeals to the superior court of Thurston county or the person's county of residence.
(b) Notice of appeal must be filed within ten days after receipt of the notice of suspension, revocation, cancellation, or refusal. Upon the filing of the notice of appeal, the court shall issue an order to the director to show cause why the registration should not be granted or reinstated and return the order not less than ten days after the date of service of the notice to the director. Service must be in the manner as prescribed for the service of a summons and complaint in other civil actions.
(c) Upon the hearing on the order to show cause, the court shall hear evidence concerning matters with reference to the suspension, revocation, cancellation, or refusal of the registration or certificate and enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal.
[ 2011 c 171 s 35; 2010 c 161 s 315; 1994 c 262 s 5; 1975 c 25 s 12; 1961 c 12 s 46.12.160. Prior: 1959 c 166 s 14; prior: 1947 c 164 s 4(g); 1937 c 188 s 6(g); Rem. Supp. 1947 s 6312-6(g). Formerly RCW 46.12.160. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The application for a quick title of a vehicle must be submitted by the owner or the owner's representative to the department, participating county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:
(a) A description of the vehicle, including make, model, vehicle identification number, type of body, and the odometer reading at the time of delivery of the vehicle, when required;
(b) The name and address of the person who is to be the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party; and
(c) Other information as may be required by the department.
(2) The application for a quick title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW. The department must keep a copy of the application.
(3) The application for a quick title must be accompanied by:
(a) All fees and taxes due for an application for a certificate of title, including a quick title service fee under RCW 46.17.160; and
(b) The most recent certificate of title or other satisfactory evidence of ownership.
(4) All applications for quick title must meet the requirements established by the department.
(5) For the purposes of this section, "quick title" means a certificate of title printed at the time of application.
(6) The quick title process authorized under this section may not be used to obtain the first title issued to a vehicle previously designated as a salvage vehicle as defined in RCW 46.04.514.
(7) A subagent may process a quick title under this section in accordance with rules adopted by the department.
[ 2019 c 232 s 19; 2014 c 12 s 1; 2011 c 326 s 1. ]
NOTES:
Application—2011 c 326: "This act applies to quick title transactions processed on and after January 1, 2012." [ 2011 c 326 s 6.]
Effective date—2011 c 326: "This act takes effect January 1, 2012." [ 2011 c 326 s 7.]
(1)(a) Except as provided in subsection (4) of this section, before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector if the vehicle:
(i) Was declared a total loss or salvage vehicle under the laws of this state;
(ii) Has been rebuilt after the certificate of title was returned to the department under RCW 46.12.600 and the vehicle was not kept by the registered owner at the time of the vehicle's destruction or declaration as a total loss; or
(iii) Is presented with documents from another state showing that the vehicle was a total loss or salvage vehicle and has not been reissued a valid registration certificate from that state after the declaration of total loss or salvage.
(b) A vehicle presented for inspection must have all damaged major component parts replaced or repaired to meet all requirements in law and rule before the Washington state patrol will inspect the vehicle. The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the certificate of title and registration certificate.
(c) A Washington state patrol vehicle identification number specialist must ensure that all major component parts used for the reconstruction of a salvage or rebuilt vehicle were obtained legally, and must securely attach a marking at the driver's door latch pillar indicating the vehicle was previously destroyed or declared a total loss. It is a class C felony for a person to remove the marking indicating that the vehicle was previously destroyed or declared a total loss.
(2) A person presenting a vehicle for inspection under subsection (1) of this section must provide original invoices for new and used parts from:
(a) A vendor that is registered with the department of revenue or a comparable agency in the jurisdiction where the major component parts were purchased for the collection of retail sales or use taxes. The invoices must include:
(i) The name and address of the business;
(ii) A description of the part or parts sold;
(iii) The date of sale; and
(iv) The amount of sale to include all taxes paid unless exempted by the department of revenue or a comparable agency in the jurisdiction where the major component parts were purchased;
(b) A vehicle wrecker licensed under chapter 46.80 RCW or a comparable business in the jurisdiction outside Washington state where the major component part was purchased; and
(c) Private individuals. The private individual must have the certificate of title to the vehicle where the parts were taken from unless the parts were obtained from a parts car owned by a collector. Bills of sale for parts must be notarized and include:
(i) The names and addresses of the sellers and purchasers;
(ii) A description of the vehicle and the part or parts being sold, including the make, model, year, and identification or serial number;
(iii) The date of sale; and
(iv) The purchase price of the vehicle part or parts.
(3) A person presenting a vehicle for inspection under this section who is unable to provide an acceptable release of interest or proof of ownership for a vehicle or major component part as described in this section shall apply for an ownership in doubt application described in RCW 46.12.680.
(4) All-terrain vehicles, wheeled all-terrain vehicles, and utility-type vehicles are exempt from the vehicle identification number inspection required in subsections (1) through (3) of this section.
(5)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector when the application is for a vehicle being titled for the first time as:
(i) Assembled;
(ii) Glider kit;
(iii) Homemade;
(iv) Kit vehicle;
(v) Street rod vehicle;
(vi) Custom vehicle; or
(vii) Subject to ownership in doubt under RCW 46.12.680.
(b) The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the certificate of title and registration certificate.
(6)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol when the application is for a vehicle with a vehicle identification number that has been:
(i) Altered;
(ii) Defaced;
(iii) Obliterated;
(iv) Omitted;
(v) Removed; or
(vi) Otherwise absent.
(b) The application must include payment of the fee required in RCW 46.17.135.
(c) The Washington state patrol shall assign a new vehicle identification number to the vehicle and place or stamp the new number in a conspicuous position on the vehicle.
(d) The department shall use the new vehicle identification number assigned by the Washington state patrol as the official vehicle identification number assigned to the vehicle.
(7) The department may adopt rules as necessary to implement this section.
(8) Nothing in this section creates a requirement for the Washington state patrol to inspect attached catalytic converters as major component parts.
[ 2025 c 10 s 1; 2024 c 301 s 22; 2011 c 114 s 7; 2010 c 161 s 303. ]
NOTES:
Effective date—2025 c 10: "This act takes effect July 1, 2026." [ 2025 c 10 s 3.]
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Effective date—2011 c 114: See note following RCW 46.04.572.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department shall institute software and systems modifications to enable a WACIC/NCIC stolen vehicle search of out-of-state vehicles as part of the application for a certificate of title transaction. During the stolen vehicle search, if the information obtained indicates the vehicle is stolen, the department shall immediately report that the vehicle is stolen to the Washington state patrol and the applicant must not be issued a certificate of title for the vehicle. Vehicles for which the stolen vehicle check is negative must be issued a certificate of title if the department is satisfied that all other requirements have been met.
[ 2010 c 161 s 304; 2002 c 246 s 1; 2001 c 125 s 3. Formerly RCW 46.12.047. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2001 c 125: See note following RCW 46.12.530.
A legal owner or the legal owner's authorized representative may apply for a duplicate certificate of title if a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible. The application for a duplicate certificate of title must include information required by the department and be accompanied by the fee required in RCW 46.17.100. The duplicate certificate of title must contain the word, "duplicate." It must be provided to the first priority secured party named in it or, if none, to the legal owner.
A person recovering a certificate of title for which a duplicate has been issued shall promptly return the certificate of title that has been recovered to the department.
[ 2010 c 161 s 317; 2002 c 352 s 6; 1997 c 241 s 7; 1994 c 262 s 7; 1990 c 250 s 31; 1969 ex.s. c 170 s 1; 1967 c 140 s 8. Formerly RCW 46.12.181. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1967 c 140: See note following RCW 46.12.520.
(1) A person shall apply for a new certificate of title for any motor vehicle registered by its motor number when:
(a) A new or different motor has been installed; and
(b) The most recent certificate of title issued for the motor vehicle has recorded on it the previous motor number.
(2) The application for a new certificate of title required in subsection (1) of this section must:
(a) Be made within five days after installation of the new motor;
(b) Be made by the owner or owner's authorized representative to the department, county auditor or other agent, or subagent;
(c) Require the most recent certificate of title to be returned to the department;
(d) Include a statement of the disposition of the former motor; and
(e) Include the fee required under RCW 46.17.100 in addition to any other fee or tax required by law.
(3) A person who possesses a certificate of title that shows the previous motor number for a motor vehicle in which a new or different motor has been installed, after five days following the installation of the new motor, is in violation of this chapter. A violation of this section constitutes a misdemeanor.
[ 2010 c 161 s 307; 2002 c 352 s 4; 1997 c 241 s 4; 1979 ex.s. c 113 s 1; 1961 c 12 s 46.12.080. Prior: 1959 c 166 s 5; prior: 1951 c 269 s 3; 1947 c 164 s 3(c); 1939 c 182 s 1(c); 1937 c 188 s 5(c); Rem. Supp. 1947 s 6312-5(c). Formerly RCW 46.12.080. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2002 c 352: See note following RCW 46.09.410.
(1)(a) The registered owner or legal owner shall:
(i) Report the destruction of the vehicle issued a certificate of title or registration certificate to the department within 15 days of its destruction; and
(ii) Submit the certificate of title or affidavit in lieu of title marked "DESTROYED." The registered owner's name, address, and the date of destruction must be clearly shown on the certificate of title or affidavit in lieu of title.
(b) It is a gross misdemeanor to fail to notify the department and be in possession of a certificate of title of a destroyed vehicle on the 16th day after the vehicle is destroyed and each day thereafter.
(2) The insurance company or self-insurer shall report the destruction or total loss of vehicles issued a certificate of title or registration certificate to the department within 15 days after the settlement claim. The report must be submitted regardless of where or in what jurisdiction the total loss occurred. An insurer shall report total loss vehicles to the department in any of the following manners:
(a) Electronically through the department's online reporting system. An insurer choosing this option must immediately destroy ownership documents after filing the electronic report;
(b) Submitting the certificate of title or affidavit in lieu of title marked "DESTROYED." The insurer's name, address, and the date of loss must be clearly shown on the certificate of title or affidavit in lieu of title; or
(c) Submitting a properly completed total loss claim settlement form provided by the department.
(3) Supporting documents used to transfer ownership of a vehicle to an insurer after payment of damages does [do] not require a notarized signature, may be signed electronically, and may be printed on hard copy. This includes, but is not limited to, a limited power of attorney executed in accordance with RCW 11.125.050(4), which the department shall accept for purposes of transferring vehicle ownership.
(4) The registered owner, legal owner, or insurer reporting the destruction or total loss of a motor vehicle six years old or older must include a statement on whether the fair market value of the motor vehicle immediately before its destruction was at least equal to the market value threshold. The age of the motor vehicle is determined by subtracting the model year from the current calendar year.
(5) The market value threshold is $6,790 or a greater amount as set by rule of the department. The department shall:
(a) Increase the market value threshold amount:
(i) When the consumer price index for all urban consumers, compiled by the bureau of labor statistics, United States department of labor, or its successor, for the west region, in the expenditure category "used cars and trucks," shows an annual average increase over the previous year;
(ii) By the same percentage increase of the annual average shown in the consumer price index; and
(iii) On July 1st of the year immediately following the year with the increase of the annual average;
(b) Round each increase of the market value threshold to the nearest $10;
(c) Not increase the market value threshold amount if the amount of the increase would be less than $50; and
(d) Carry forward any unmade increases to succeeding years until the cumulative increase is at least $50.
[ 2026 c 101 s 1; 2011 c 171 s 36; 2010 c 161 s 306; 2003 c 53 s 235; 2002 c 245 s 2; 1990 c 250 s 28; 1961 c 12 s 46.12.070. Prior: 1959 c 166 s 4; prior: 1947 c 164 s 3(b); 1939 c 182 s 1(b); 1937 c 188 s 5(b); Rem. Supp. 1947 s 6312-5(b). Formerly RCW 46.12.070. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) A local health officer may notify the department that a vehicle has been:
(a) Declared unfit and prohibited from use as authorized in chapter 64.44 RCW if the vehicle has become contaminated as defined in RCW 64.44.010;
(b) Satisfactorily decontaminated and retested according to the written work plan approved by the local health officer.
(2) The department shall brand vehicle records and certificates of title when it receives the notification from a local health officer as provided in subsection (1) of this section.
(3) A person is guilty of a gross misdemeanor if he or she advertises for sale or sells a vehicle that has been declared unfit and prohibited from use by a local health officer if:
(a) The person has knowledge that the local health officer has issued an order declaring the vehicle unfit and prohibiting its use; or
(b) A notification has been placed on the certificate of title under subsection (2) of this section that the vehicle has been declared unfit and prohibited from use.
(4) A person may advertise or sell a vehicle if a release for reuse document has been issued by a local health officer under chapter 64.44 RCW or a notification has been placed on the certificate of title under subsection (2) of this section that the vehicle has been decontaminated and released for reuse.
[ 2010 c 161 s 308. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
A person shown as the legal owner on a certificate of title which has a different person shown as the registered owner does not incur liability and is not responsible for damage or any liability resulting from any act or contract made by the registered owner or by any other person acting for, or by or under the authority of, the registered owner.
[ 2010 c 161 s 318; 1961 c 12 s 46.12.190. Prior: 1937 c 188 s 10, part; RRS s 6312-10, part. Formerly RCW 46.12.190. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department of licensing must furnish lists of registered and legal owners of: (a) Motor vehicles only for the purposes specified in this subsection (1)(a) to the manufacturers of motor vehicles or motor vehicle components, or their authorized agents, to enable those manufacturers to carry out the provisions of Titles I and IV of the anti car theft act of 1992, the automobile information disclosure act (15 U.S.C. Sec. 1231 et seq.), the clean air act (42 U.S.C. Sec. 7401 et seq.), and 49 U.S.C. Secs. 30101-30183, 30501-30505, and 32101-33118, as these acts existed on January 1, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. However, the department may only provide a vehicle or vehicle component manufacturer, or its authorized agents, lists of registered or legal owners who purchased or leased a vehicle manufactured by that manufacturer or a vehicle containing a component manufactured by that component manufacturer. Manufacturers or authorized agents receiving information on behalf of one manufacturer must not disclose this information to any other third party that is not necessary to carry out the purposes of this section; and (b) vessels only for the purposes of this subsection (1)(b) to the manufacturers of vessels, or their authorized agents, to enable those manufacturers to carry out the provisions of 46 U.S.C. Sec. 4310 and any relevant Code of Federal Regulations adopted by the United States coast guard, as these provisions and rules existed on January 1, 2015, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(2) The department of licensing may furnish lists of registered and legal owners of motor vehicles or vessels, only to the entities and only for the purposes specified in this section, to:
(a) The manufacturers of motor vehicles or vessels, and legitimate businesses as defined by the department in rule, or their authorized agents, for purposes of using lists of registered and legal owner information to conduct research activities and produce statistical reports, as long as the entity does not allow personal or identity information received under this section to be published, redisclosed, or used to contact individuals. For purposes of this subsection (2)(a), the department of licensing may only provide the manufacturer of a motor vehicle or vessel, or the manufacturer of components contained in a motor vehicle or vessel, the lists of registered or legal owners who purchased or leased a vehicle or vessel manufactured by that manufacturer or a vehicle or vessel containing components manufactured by that component manufacturer;
(b) Any governmental agency, including any court or law enforcement agency, or any private person or entity acting on behalf of a federal, state, or local agency, or Canada in carrying out its functions: PROVIDED, HOWEVER, That nothing in this section is construed to allow actions prohibited under RCW 43.17.425;
(c) Any insurer or insurance support organization, a self-insured entity, or its agents, employees, or contractors for use in connection with claims investigation activities, antifraud activities, rating, or underwriting;
(d) Any local governmental entity or its agents for use in providing notice to owners of towed and impounded vehicles, or to any law enforcement entity for use, as may be necessary, in locating the owner of or otherwise dealing with a vessel that has become a hazard;
(e) A government agency, commercial parking company, or its agents requiring the names and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.635 and the requirements of Executive Order 97-01, the department may provide only the parts of the list that are required for completion of the work required of the company;
(f) Authorized agents or contractor of the department, to be used only in connection with providing motor vehicle or vessel excise tax, licensing, title, and registration information to motor vehicle or vessel dealers;
(g) Any business regularly making loans to other persons to finance the purchase of motor vehicles or vessels, to be used to assist the person requesting the list to determine ownership of specific vehicles or vessels for the purpose of determining whether or not to provide such financing; or
(h) A company or its agents operating a toll facility under chapter 47.46 RCW or other applicable authority requiring the names, addresses, and vehicle information of motor vehicle registered owners to identify toll violators.
(3) Personal or identity information received by an entity listed in subsection (1) or (2) of this section may not be released for direct marketing purposes.
(4) Prior to the release of any lists of vehicle or vessel owners under subsection (1) or (2) of this section, the department must enter into a contract with the entity authorized to receive the data pursuant to RCW 46.22.010.
(5)(a) Beginning January 1, 2015, the department must collect a fee of ten dollars per one thousand individual registered or legal owners included on a list requested by a private entity under subsection (1) or (2) of this section. Beginning January 1, 2016, the department must collect a fee of twenty dollars per one thousand individual registered or legal vehicle or vessel owners included on a list requested by a private entity under subsection (1) or (2) of this section. Beginning January 1, 2021, the department must collect a fee of twenty-five dollars per one thousand individual registered or legal owners included on a list requested by a private entity under subsection (1) or (2) of this section. The department must prorate the fee when the request is for less than a full one thousand records.
(b) In lieu of the fee specified in (a) of this subsection, if the request requires a daily, weekly, monthly, or other regular update of those vehicle or vessel records that have changed:
(i) Beginning January 1, 2015, the department must collect a fee of one cent per individual registered or legal vehicle or vessel owner record provided to the private entity;
(ii) Beginning January 1, 2016, the department must collect a fee of two cents per individual registered or legal vehicle or vessel owner record provided to the private entity;
(iii) Beginning January 1, 2021, the department must collect a fee of two and one-half cents per individual registered or legal vehicle or vessel owner record provided to the private entity.
(c) The department must deposit any moneys collected under this subsection to the department of licensing technology improvement and data management account created in RCW 46.68.063.
(6) Where both a mailing address and residence address are recorded on the vehicle or vessel record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities and only for use in the normal course of conducting their business.
(7) If a list of registered and legal owners of motor vehicles or vessels is used for any purpose other than that authorized in this section, the recipient under subsection (1) or (2) of this section, or any authorized agent or contractor responsible for the unauthorized disclosure or use[,] will be denied further access to such information by the department of licensing.
(8) For purposes of this section, "personal information" and "identity information" have the same meanings as in RCW 46.04.209.
[ 2021 c 93 s 5; 2016 c 80 s 1; 2014 c 79 s 1; 2013 c 306 s 702; 2012 c 86 s 803; 2011 c 171 s 37; 2005 c 340 s 1; 2004 c 230 s 1. Prior: 1997 c 432 s 6; 1997 c 33 s 1; 1982 c 215 s 1. Formerly RCW 46.12.370. ]
NOTES:
Effective date—2013 c 306 s 702: "Section 702 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013." [ 2013 c 306 s 1403.]
Effective date—2012 c 86: See note following RCW 47.76.360.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
(1) Notwithstanding the provisions of chapter 42.56 RCW, the name or address of an individual vehicle or vessel owner shall not be released by the department, county auditor, data recipient, subrecipient, or agency or firm authorized by the department except under the following circumstances:
(a) The requesting party is a business entity that requests the information for use as defined by the department in rule, and in the course of business;
(b) The request is a written request that is signed by the person requesting disclosure that contains the full legal name and address of the requesting party, that specifies the purpose for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the party will use the information only for the purpose stated in the request for the information; and that the party does not intend to use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.
(2) Where both a mailing address and residence address are recorded on the vehicle or vessel record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.
(3) The disclosing entity shall retain the request for disclosure for three years.
(4)(a) Whenever the disclosing entity grants a request for information under this section by an attorney or private investigator, the disclosing entity shall provide notice to the vehicle or vessel owner, to whom the information applies, that the request has been granted. The notice must only include: (i) That the disclosing entity has disclosed the vehicle or vessel owner's name and address pursuant to a request made under this section; (ii) the date that the disclosure was made; and (iii) the occupation of the requesting party.
(b) In the case of a vehicle or vessel owner who submits to the disclosing entity a copy of a valid court order restricting another person from contacting the vehicle or vessel owner or his or her family or household member, the disclosing entity shall provide the vehicle or vessel owner with the name and address of the requesting party. All inquiries from a vehicle or vessel owner, without a court order, will be treated and processed as a request for public record as required in chapter 42.56 RCW.
(5) Any person who is furnished vehicle or vessel owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department.
(6) This section shall not apply to requests for information by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle or vessel owners. Requests from law enforcement officers for vessel record information must be granted. The disclosure agreement with law enforcement entities must provide that law enforcement may redisclose a vessel owner's name or address when trying to locate the owner of or otherwise deal with a vessel that has become a hazard.
(7) The department shall disclose vessel records for any vessel owned by a governmental entity upon request.
(8) This section shall not apply to title history information under RCW 19.118.170.
(9) The department shall charge a fee of $2 for each record returned pursuant to a request made by a business entity under subsection (1) of this section and deposit the fee into the highway safety fund.
(10) The department, county auditor, or agency or firm authorized by the department shall not release the name, any address, vehicle make, vehicle model, vehicle year, vehicle identification number, vessel make and model, vessel model year, hull identification number, vessel document number, vessel registration number, vessel decal number, or license plate number associated with an individual vehicle or vessel owner who is a participant in the address confidentiality program under chapter 40.24 RCW except as allowed in subsection (6) of this section and RCW 40.24.075.
[ 2025 c 23 s 3; 2021 c 93 s 6; 2019 c 278 s 1; 2016 c 80 s 2; 2013 c 232 s 1. Prior: 2005 c 340 s 2; 2005 c 274 s 304; 1995 c 254 s 10; 1990 c 232 s 2; 1987 c 299 s 1; 1984 c 241 s 2. Formerly RCW 46.12.380. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2013 c 232: "This act takes effect January 1, 2014." [ 2013 c 232 s 2.]
Effective date—Severability—1995 c 254: See notes following RCW 19.118.021.
Legislative finding and purpose—1990 c 232: "The legislature recognizes the extraordinary value of the vehicle title and registration records for law enforcement and commerce within the state. The legislature also recognizes that indiscriminate release of the vehicle owner information to be an infringement upon the rights of the owner and can subject owners to intrusions on their privacy. The purpose of this act is to limit the release of vehicle owners' names and addresses while maintaining the availability of the vehicle records for the purposes of law enforcement and commerce." [ 1990 c 232 s 1.]
(1) The department may review the activities of a person or entity that receives personal or identity information to ensure compliance with the limitations imposed on the use of the information. The department may suspend or revoke for up to five years the privilege of obtaining personal or identity information of a person found to be in violation of this chapter or a disclosure agreement executed with the department.
(2) In addition to the penalty in subsection (1) of this section:
(a) The unauthorized disclosure of personal or identity information; or
(b) The use of a false representation to obtain personal or identity information from the department; or
(c) The use of personal or identity information obtained from the department for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department; or
(d) The sale or other distribution of any personal or identity information to another person not disclosed in the request or disclosure agreement
is a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, or by imprisonment in a county jail for up to three hundred sixty-four days, or by both such fine and imprisonment for each violation.
[ 2021 c 93 s 7; 2016 c 80 s 3; 2011 c 96 s 30; 2005 c 274 s 305; 1990 c 232 s 3. Formerly RCW 46.12.390. ]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Legislative finding and purpose—1990 c 232: See note following RCW 46.12.635.
(1) Releasing interest. An owner releasing interest in a vehicle shall:
(a) Sign the release of interest section provided on the certificate of title or on a release of interest document or form approved by the department;
(b) Give the certificate of title or most recent evidence of ownership to the person gaining the interest in the vehicle;
(c) Give the person gaining interest in the vehicle an odometer disclosure statement if one is required; and
(d) Report the vehicle sold as provided in subsection (2) of this section.
(2) Report of sale. An owner shall notify the department, county auditor or other agent, or subagent appointed by the director in writing within five business days after a vehicle is or has been:
(a) Sold;
(b) Given as a gift to another person;
(c) Traded, either privately or to a dealership;
(d) Donated to charity;
(e) Turned over to an insurance company or wrecking yard; or
(f) Disposed of.
(3) Report of sale properly filed. A report of sale is properly filed if it is received by the department, county auditor or other agent, or subagent appointed by the director within five business days after the date of sale or transfer and it includes:
(a) The date of sale or transfer;
(b) The owner's full name and complete, current address;
(c) The full name and complete, current address of the person acquiring the vehicle, including street name and number, and apartment number if applicable, or post office box number, city or town, and postal code;
(d) The vehicle identification number and license plate number;
(e) A date or stamp by the department showing it was received on or before the fifth business day after the date of sale or transfer; and
(f) Payment of the fees required under RCW 46.17.050.
(4) Report of sale - administration. (a) The department shall:
(i) Provide or approve reports of sale forms;
(ii) Provide a system enabling an owner to submit reports of sale electronically;
(iii) Immediately update the department's vehicle record when a report of sale has been filed;
(iv) Provide instructions on release of interest forms that allow the seller of a vehicle to release their interest in a vehicle at the same time a financial institution, as defined in RCW 30A.22.040, releases its lien on the vehicle; and
(v) Send a report to the department of revenue that lists vehicles for which a report of sale has been received but no transfer of ownership has taken place. The department shall send the report once each quarter.
(b) A report of sale is not proof of a completed vehicle transfer for purposes of the collection of expenses related to towing, storage, and auction of an abandoned vehicle in situations where there is no evidence indicating the buyer knew of or was a party to acceptance of the vehicle transfer. A contract signed by the prior owner and the new owner, a certificate of title, a receipt, a purchase order or wholesale order, or other legal proof or record of acceptance of the vehicle by the new owner may be provided to establish legal responsibility for the abandoned vehicle.
(5) Report of sale – licensed dealers. A vehicle dealer as defined in RCW 46.70.011 may, but is not required to, file a report of sale on behalf of an owner who trades in, sells, or otherwise transfers ownership of a vehicle to the dealer. A vehicle dealer who files on behalf of an owner shall collect and remit the fees required under RCW 46.17.050 from the owner in addition to any other fees charged to or owed by the customer.
(6)(a) Transferring ownership. A person who has recently acquired a vehicle by purchase, exchange, gift, lease, inheritance, or legal action shall apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title within 15 days of delivery of the vehicle. A secured party who has possession of the certificate of title shall either:
(i) Apply for a new certificate of title on behalf of the owner and pay the fee required under RCW 46.17.100; or
(ii) Provide all required documents to the owner, as long as the transfer was not a breach of its security agreement, to allow the owner to apply for a new certificate of title.
(b) Compliance with this subsection does not affect the rights of the secured party.
(7) Certificate of title delivered to secured party. The certificate of title must be kept by or delivered to the person who becomes the secured party when a security interest is reserved or created at the time of the transfer of ownership. The parties must comply with RCW 46.12.675.
(8) Penalty for late transfer. A person who has recently acquired a motor vehicle by purchase, exchange, gift, lease, inheritance, or legal action who does not apply for a new certificate of title within 15 calendar days of delivery of the vehicle is charged a penalty, as described in RCW 46.17.140, when applying for a new certificate of title. It is a misdemeanor to fail or neglect to apply for a transfer of ownership within 45 days after delivery of the vehicle. The misdemeanor is a single continuing offense for each day that passes regardless of the number of days that have elapsed following the 45-day time period.
(9) Penalty for late transfer - exceptions. The penalty is not charged if the delay in application is due to at least one of the following:
(a) The department requests additional supporting documents;
(b) The department, county auditor or other agent, or subagent fails to perform or is neglectful;
(c) The owner is prevented from applying due to an illness or extended hospitalization;
(d) The legal owner fails or neglects to release interest;
(e) The owner did not know of the filing of a report of sale by the previous owner and signs an affidavit to the fact; or
(f) The department finds other conditions exist that adequately explain the delay.
(10) Review and issue. The department shall review applications for certificates of title and issue certificates of title when it has determined that all applicable provisions of law have been complied with.
(11) Rules. The department may adopt rules as necessary to implement this section.
[ 2023 c 273 s 1; 2016 c 86 s 1; 2015 3rd sp.s. c 44 s 214; 2010 c 161 s 309; 2008 c 316 s 1; 2007 c 96 s 1; 2006 c 291 s 2. Prior: 2004 c 223 s 1; 2004 c 200 s 2; 2003 c 264 s 7; 2002 c 279 s 1; 1998 c 203 s 11; 1991 c 339 s 19; 1990 c 238 s 4; 1987 c 127 s 1; 1984 c 39 s 1; 1972 ex.s. c 99 s 1; 1969 ex.s. c 281 s 38; 1969 ex.s. c 42 s 1; 1967 c 140 s 7. Formerly RCW 46.12.101. ]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2004 c 200: See note following RCW 46.68.020.
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date, implementation—1990 c 238: See note following RCW 46.12.530.
Effective date—1967 c 140: See note following RCW 46.12.520.
If a court has declared that a fraudulent report of sale has been filed with the department, county auditor or other agent, or subagent appointed by the director, the court must notify the department in writing with a copy of the court order. Once notified, the department may remove the fraudulent report of sale from the vehicle record.
[ 2016 c 86 s 3. ]
(1) An owner is relieved of civil or criminal liability for the operation of a vehicle by another person when the owner has:
(a) Made a bona fide sale or transfer of a vehicle;
(b) Delivered possession of the vehicle to the person acquiring ownership;
(c) Released interest in the vehicle and provided the certificate of title and registration certificate to the person acquiring ownership; and
(d) Filed a report of sale that meets all the requirements in RCW 46.12.650(2).
(2) A person acquiring a vehicle assumes civil or criminal liability for any traffic violation under this title, whether designated as a traffic infraction or classified as a criminal offense, that occurs after the date of sale or transfer of ownership based on the vehicle's identification including, but not limited to:
(a) Parking infractions;
(b) High occupancy toll lane violations; and
(c) Violations recorded by automated traffic safety cameras.
(3) A person shown as the buyer of a vehicle on an abandoned vehicle report submitted to the department by a registered tow truck operator assumes liability for the vehicle. Any previous owner is relieved of civil or criminal liability for the operation of the vehicle from the date of sale.
(4) A person who had no knowledge of the filing of the report of sale is relieved of civil or criminal liability for the operation of the vehicle. Liability is then transferred to the seller shown on the report of sale.
[ 2010 c 161 s 310; 2006 c 291 s 3; 2005 c 331 s 1; 2002 c 279 s 2; 1984 c 39 s 2. Formerly RCW 46.12.102. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A transitional ownership record:
(a) Enables a security interest in a motor vehicle to be perfected in a timely manner when the certificate of title is not available at the time the security interest is created;
(b) Provides for timely notification to security interest holders under chapter 46.55 RCW; and
(c) Is only acceptable as an ownership record for motor vehicles currently stored on the department's computer system and if the certificate of title or other authorized proof of ownership for the motor vehicle is not in the possession of the selling vehicle dealer or new security interest holder when the transitional ownership record is submitted to the department.
(2) A person shall submit the transitional ownership record to the department or to the county auditor or other agents or subagents.
(3) A transitional ownership record must contain all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) The priorities of interest if there are multiple security interest holders and the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record; and
(g) The transferee's driver's license number, if available.
(4) The report of sale form provided or approved by the department under RCW 46.12.650 may be used by a vehicle dealer as the transitional ownership record.
(5) A security interest is perfected in a motor vehicle on the date the department receives the transitional ownership record when:
(a) The requirements of this section have been met; and
(b) Any required fees have been paid.
(6)(a) The selling dealer or new security interest holder shall submit to the department, within ten days of receipt of the certificate of title for the vehicle, written confirmation that only an electronic record of ownership exists or that the certificate of title has been lost or destroyed with:
(i) An application for a new certificate of title containing the name and address of the secured party; and
(ii) Payment of the required fees as provided in RCW 46.17.060.
(b) A security interest becomes unperfected when a secured party fails to submit an application for a certificate of title within the ten-day time period provided in this subsection (6), unless the security interest is perfected otherwise.
[ 2010 c 161 s 311; 2000 c 250 s 9A-823; 1998 c 203 s 12. Formerly RCW 46.12.103. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
(1) The department, county auditor or other agent, or subagent appointed by the director shall require a written odometer disclosure statement with every application for a certificate of title for a motor vehicle. The odometer disclosure statement must be on either the certificate of title or on a separate form approved by the department. A secure odometer disclosure statement is required if the certificate of title was issued after April 30, 1990. Odometer disclosure statements must include, at a minimum, the following:
(a) The miles shown on the odometer at the time of transfer of ownership, but not to include tenths of miles;
(b) The date of transfer of ownership;
(c) The transferor's printed name, current address, and signature;
(d) The transferee's printed name, current address, and signature;
(e) The identity of the motor vehicle, including its make, model, year, body type, and vehicle identification number;
(f) Information that the odometer statement is required by the federal truth in mileage act of 1986 and that failure to complete the odometer statement or providing false information may result in fines or imprisonment, or both; and
(g) One of the following statements:
(i) The mileage shown is actual to the best of transferor's knowledge;
(ii) The odometer reading exceeds the mechanical limits of the odometer to the best of the transferor's knowledge; or
(iii) The odometer reading is not the actual mileage.
If the odometer reading is under 100,000 miles, the only options that can be certified are "actual to the best of the transferor's knowledge" or "not the actual mileage." If the odometer reading is 100,000 miles or more, the options "actual to the best of the transferor's knowledge" or "not the actual mileage" cannot be used unless the odometer has six digit capability.
(2) The transferee and the transferor shall each sign the odometer disclosure statement. Only one registered owner is required to complete the odometer disclosure statement for the transferee, and only one owner is required to complete the odometer disclosure statement for the transferor. When applicable, both the business name and a company representative's name must be shown on the odometer disclosure statement when the registered owner is a business or the transferee represents a company, or both.
(3) The transferee shall return a signed copy of the odometer disclosure statement to the transferor at the time of transfer of ownership.
(4) The following vehicles are not subject to odometer disclosure requirements at the time of ownership transfer:
(a) A motor vehicle having a declared gross vehicle weight of more than 16,000 pounds;
(b) A vehicle that is not self-propelled;
(c) A motor vehicle that has a model year of 2010 or older;
(d) A motor vehicle sold directly by a manufacturer to a federal agency in conformity with contract specifications; or
(e) A new motor vehicle before its first retail sale.
(5) The requirements of this section also apply to the transfer of a motor vehicle held:
(a) For lease when transferred to a lessee and then to the lessor at the end of the leasehold; and
(b) In a fleet when transferred to a purchaser.
[ 2025 c 23 s 4; 2010 c 161 s 312; 1990 c 238 s 6. Formerly RCW 46.12.124. ]
NOTES:
Expiration date—2025 c 23 s 4: "Section 4 of this act expires January 1, 2031." [ 2025 c 23 s 15.]
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date, implementation—1990 c 238: See note following RCW 46.12.530.
PDFRCW 46.12.665
Odometer disclosure statement required—Exemptions. (Effective January 1, 2031.)
(1) The department, county auditor or other agent, or subagent appointed by the director shall require a written odometer disclosure statement with every application for a certificate of title for a motor vehicle. The odometer disclosure statement must be on either the certificate of title or on a separate form approved by the department. A secure odometer disclosure statement is required if the certificate of title was issued after April 30, 1990. Odometer disclosure statements must include, at a minimum, the following:
(a) The miles shown on the odometer at the time of transfer of ownership, but not to include tenths of miles;
(b) The date of transfer of ownership;
(c) The transferor's printed name, current address, and signature;
(d) The transferee's printed name, current address, and signature;
(e) The identity of the motor vehicle, including its make, model, year, body type, and vehicle identification number;
(f) Information that the odometer statement is required by the federal truth in mileage act of 1986 and that failure to complete the odometer statement or providing false information may result in fines or imprisonment, or both; and
(g) One of the following statements:
(i) The mileage shown is actual to the best of transferor's knowledge;
(ii) The odometer reading exceeds the mechanical limits of the odometer to the best of the transferor's knowledge; or
(iii) The odometer reading is not the actual mileage.
If the odometer reading is under 100,000 miles, the only options that can be certified are "actual to the best of the transferor's knowledge" or "not the actual mileage." If the odometer reading is 100,000 miles or more, the options "actual to the best of the transferor's knowledge" or "not the actual mileage" cannot be used unless the odometer has six digit capability.
(2) The transferee and the transferor shall each sign the odometer disclosure statement. Only one registered owner is required to complete the odometer disclosure statement for the transferee, and only one owner is required to complete the odometer disclosure statement for the transferor. When applicable, both the business name and a company representative's name must be shown on the odometer disclosure statement when the registered owner is a business or the transferee represents a company, or both.
(3) The transferee shall return a signed copy of the odometer disclosure statement to the transferor at the time of transfer of ownership.
(4) The following vehicles are not subject to odometer disclosure requirements at the time of ownership transfer:
(a) A motor vehicle having a declared gross vehicle weight of more than 16,000 pounds;
(b) A vehicle that is not self-propelled;
(c) A motor vehicle that is 20 years old or older;
(d) A motor vehicle sold directly by a manufacturer to a federal agency in conformity with contract specifications; or
(e) A new motor vehicle before its first retail sale.
(5) The requirements of this section also apply to the transfer of a motor vehicle held:
(a) For lease when transferred to a lessee and then to the lessor at the end of the leasehold; and
(b) In a fleet when transferred to a purchaser.
[ 2025 c 23 s 5; 2010 c 161 s 312; 1990 c 238 s 6. Formerly RCW 46.12.124.]
Effective date—2025 c 23 s 5: "Section 5 of this act takes effect January 1, 2031." [ 2025 c 23 s 16.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date, implementation—1990 c 238: See note following RCW 46.12.530.
(1) The department shall file and index certificates of title when assigned and returned to the department, together with subsequent transactions so that at all times it will be possible to trace ownership to the vehicle designated on each certificate of title.
(2)(a) A person who acquires an interest in a vehicle, other than by voluntary transfer, shall within fifteen days mail or deliver to the department, county auditor or other agent, or subagent appointed by the director:
(i) The last certificate of title if available;
(ii) Proof of transfer; and
(iii) An application for a new certificate of title.
(b) This subsection shall not apply to transactions described in subsection (4) of this section.
(3) A secured party named in the certificate of title who repossesses a vehicle under a security agreement shall within fifteen days mail or deliver to the department, county auditor or other agent, or subagent appointed by the director:
(a) The last certificate of title;
(b) An application for a new certificate of title; and
(c) An affidavit made by or on the behalf of the secured party that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.
(4) A secured party named in the certificate of title who holds the vehicle for resale is not required to apply for a new certificate of title. When the vehicle is sold, the secured party shall promptly mail or deliver to the buyer or to the department, county auditor or other agent, or subagent appointed by the director:
(a) The certificate of title;
(b) An affidavit made by or on the behalf of the secured party that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement; and
(c) Any other documents required to be sent to the department by the buyer.
[ 2010 c 161 s 313; 2010 c 8 s 9005; 1967 c 140 s 3; 1961 c 12 s 46.12.130. Prior: 1959 c 166 s 11; prior: 1947 c 164 s 4(d); 1937 c 188 s 6(d); Rem. Supp. 1947 s 6312-6(d). Formerly RCW 46.12.130. ]
NOTES:
Reviser's note: This section was amended by 2010 c 8 s 9005 and by 2010 c 161 s 313, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1967 c 140: See note following RCW 46.12.520.
(1) A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of title is required is perfected only by:
(a) Complying with the requirements of RCW 46.12.660 or this section;
(b) Receipt by the department, county auditor or other agent, or subagent appointed by the director of:
(i) The existing certificate of title, if any;
(ii) An application for a certificate of title containing the name and address of the secured party; and
(iii) Payment of the required fees.
(2) A security interest is perfected when it is created if the secured party's name and address appear on the most recently issued certificate of title or, if not, it is created when the department, county auditor or other agent, or subagent appointed by the director receives the certificate of title or an application for a certificate of title and the fees required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:
(a) The security interest continues perfected in this state if the name of the secured party is shown on the existing certificate of title issued by that jurisdiction. The name of the secured party must be shown on the certificate of title issued for the vehicle by this state. The security interest continues perfected in this state when the department issues the certificate of title.
(b) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state. Perfection begins when the department receives the information and fees required in subsection (1) of this section.
(4)(a) After a certificate of title has been issued, the registered owner or secured party must apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title when a security interest is granted on a vehicle. Within ten days after creating a security agreement, the registered owner or secured party must submit:
(i) An application for a certificate of title;
(ii) The certificate of title last issued for the vehicle, or other documentation required by the department; and
(iii) The fee required in RCW 46.17.100.
(b) If satisfied that a certificate of title should be reissued, the department shall change the vehicle record and issue a new certificate of title to the secured party.
(5) A secured party shall release the security interest when the conditions within the security agreement have been met and there is no further secured obligation. The secured party must either:
(a) Assign the certificate of title to the registered owner or the registered owner's designee and send the certificate of title to the department, county auditor or other agent, or subagent appointed by the director with the fee required in RCW 46.17.100; or
(b) Assign the certificate of title to the person acquiring the vehicle from the registered owner with the registered owner's release of interest.
(6) The department shall issue a new certificate of title to the registered owner when the department receives the release of interest and required fees as provided in subsection (5)(a) of this section.
(7) A secured party is liable for one hundred dollars payable to the registered owner or person acquiring the vehicle from the registered owner when:
(a) The secured party fails to either assign the certificate of title to the registered owner or to the person acquiring the vehicle from the registered owner or apply for a new certificate of title within ten days after proper demand; and
(b) The failure of the secured party to act as described in (a) of this subsection results in a loss to the registered owner or person acquiring the vehicle from the registered owner.
[ 2012 c 74 s 14; 2010 c 161 s 316; 2007 c 96 s 2; 2002 c 352 s 5. Prior: 1997 c 432 s 5; 1997 c 241 s 5; 1994 c 262 s 6; 1979 ex.s. c 113 s 2; 1975 c 25 s 13; 1967 c 140 s 4; 1961 c 12 s 46.12.170; prior: 1951 c 269 s 4; 1947 c 164 s 5; 1939 c 182 s 2; 1937 c 188 s 7; Rem. Supp. 1947 s 6312-7. Formerly RCW 46.12.170. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1967 c 140: See note following RCW 46.12.520.
(1) The department, county auditor or other agent, or subagent appointed by the director may register a vehicle and withhold issuance of a certificate of title or require a bond as a condition of issuing a certificate of title if the department is not satisfied:
(a) As to the ownership of the vehicle; or
(b) That there are no undisclosed security interests in the vehicle.
(2) A person who is unable to provide satisfactory evidence of ownership may:
(a) Apply for ownership in doubt and receive either a:
(i) Registration without a certificate of title for a three-year period; or
(ii) A bonded certificate of title with or without registration as described in subsection (3) of this section; or
(b) Petition any district court or superior court of any county in this state to receive a judgment awarding ownership of the vehicle; or
(c) Have a new certificate of title created if the mobile home, manufactured home, or park model is purchased in a county treasurer's foreclosure or distraint sale for nonpayment of taxes where no title can be found.
(3) A person who is either required by the department, county auditor or other agent, or subagent appointed by the director to file a bond or wants a certificate of title for a vehicle when ownership is in doubt shall file the bond for a three-year period. The bond must:
(a) Be in the form approved by the department;
(b) Be in an amount equal to one and one-half times the value of the vehicle as determined by the department;
(c) Be signed by the applicant and the bonding agent; and
(d) Offer protection to any previous owner, secured party, future purchaser, or their successors against any expense, loss, or damage, including reasonable attorneys' fees.
(4) A person who has or has held an interest in the vehicle may, during the three-year ownership in doubt period, petition any district court or superior court of any county in this state to receive a judgment either awarding ownership of the vehicle or be compensated for any expense, loss, or damage, including reasonable attorneys' fees. The total claim must not be more than the amount of the bond if a bond has been filed with the department.
(5) A person who has applied for ownership in doubt may apply for a certificate of title at any time during the three-year ownership in doubt period when satisfactory evidence of ownership becomes available. At the end of the three-year ownership in doubt period, the owner must apply to the department, county auditor or other agent, or subagent appointed by the director for a certificate of title. The new certificate of title will not include reference to the bond if a bond was filed with the department.
(6) A person applying for ownership in doubt must have acquired the vehicle by purchase, exchange, gift, lease, or inheritance from the owner of record or interim owner.
(7) Ownership in doubt does not apply to:
(a) Unauthorized vehicles, as defined in RCW 46.55.010;
(b) Abandoned vehicles, as defined in RCW 46.55.010;
(c) Snowmobiles, as defined in RCW 46.04.546; or
(d) Washington vehicle dealer sales, as defined in RCW 46.70.011.
[ 2025 c 130 s 3; 2010 c 161 s 314; 1990 c 250 s 30; 1967 c 140 s 9. Formerly RCW 46.12.151. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1967 c 140: See note following RCW 46.12.520.
A camper is considered a vehicle for the purposes of certificates of title, perfection of security interests, and registrations. The director may adopt rules to implement this section.
[ 2010 c 161 s 321; 2010 c 8 s 9007; 1979 c 158 s 136; 1971 ex.s. c 231 s 6. Formerly RCW 46.12.280. ]
NOTES:
Reviser's note: This section was amended by 2010 c 8 s 9007 and by 2010 c 161 s 321, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
(1) When applying for a certificate of title for a custom vehicle for the first time, the owner of the custom vehicle must:
(a) Submit a certification that the custom vehicle:
(i) Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
(ii) Will not be used for general daily transportation; and
(b) Provide a certificate of vehicle inspection as required under *RCW 46.12.560(4).
(2) The model year and the year of manufacture that are listed on the certificate of title of a custom vehicle must be the model year and year of manufacture that the body of the custom vehicle resembles.
(3) The presence of modern equipment including, but not limited to, brakes, engines, or seat belts, or the presence of optional equipment referenced in RCW 46.37.518, on a custom vehicle does not invalidate the year of manufacture on the certificate of title.
(4) A custom vehicle must be registered under RCW 46.18.220.
[ 2011 c 114 s 4. ]
NOTES:
*Reviser's note: RCW 46.12.560 was amended by 2025 c 10 s 1, changing subsection (4) to subsection (5), effective July 1, 2026.
Effective date—2011 c 114: See note following RCW 46.04.572.
(1) A person who applies for an original certificate of title for a kit vehicle shall provide:
(a) The manufacturer's certificate of origin or an equivalent document if the kit vehicle is a new manufactured vehicle kit or body kit;
(b) The certificate of title or a certified copy or equivalent document for the frame;
(c) Proof of ownership for all major parts used in the construction of the vehicle. Major parts include the frame, engine, axles, transmission, and any other parts that carry vehicle identification numbers;
(d) Bills of sale or invoices for all major components used in the construction of the vehicle. The bills of sale must be notarized unless the vendor is registered with the department of revenue for the collection of retail sales or use tax and must include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the vehicle or part being sold, including the make, model, and identification or serial number or the yard number if from a wrecking yard;
(iii) The date of sale; and
(iv) The purchase price of the vehicle or part;
(e) A certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector verifying the vehicle identification number, and year and make when applicable. A Washington state patrol vehicle identification number inspector must ensure that all parts are documented by certificates of title, notarized bills of sale, or business receipts, such as those obtained from a wrecking yard purchase;
(f) A completed declaration of value form to determine the value for excise tax purposes if the purchase cost and year is unknown or incomplete;
(g) Payment of use tax on the frame and all component parts used, unless proof of payment of the sales or use tax is submitted; and
(h) An odometer disclosure statement on all originals and transfers of certificates of title for kit vehicles under ten years old, unless otherwise exempt by law.
(2) If the frame from a donor vehicle is used and the remainder of the donor vehicle is to be sold or destroyed, the certificate of title is required as an ownership document to the buyer. The department may make a certified copy of the certificate of title for documentation of the frame for this transaction.
(3) When accepting an application for an original certificate of title for a kit vehicle, the department, county auditor or other agent, or subagent appointed by the director shall:
(a) Use the vehicle identification number provided on the manufacturer's certificate of origin. If the vehicle identification number is not available, the Washington state patrol shall assign a vehicle identification number at the time of inspection;
(b) Use the actual model year provided on the manufacturer's certificate of origin as the model year. This is not the model year of the vehicle being replicated;
(c) Record the make as "KITV";
(d) Record in the series and body designation a discrete vehicle model; and
(e) Assign a use class identifying the actual use of the vehicle, such as a passenger car or truck.
(4) A kit vehicle may be registered under RCW 46.18.220 as a street rod vehicle if the vehicle is manufactured to have the same appearance as a similar vehicle manufactured before 1949. Kit vehicles must comply with chapter 204-10 WAC unless the kit vehicle is registered under RCW 46.18.220.
(5) A kit vehicle is exempt from the welding requirements under WAC 204-10-022(8) if, upon application for a certificate of title, the owner furnishes documentation from the manufacturer of the vehicle frame that informs the owner that the welding on the frame was not completed by a certified welder and that the structural strength of the frame has not been certified by an engineer as meeting the applicable federal motor vehicle safety standards set under 49 C.F.R. Sec. 571.201, 571.214, 571.216, and 571.220 through 571.224, and the applicable SAE standards.
(6) The department may not deny a certificate of title to an applicant who completes the requisite application, complies with this section, and pays the requisite titling fees and taxes.
[ 2010 c 161 s 324; 2009 c 284 s 1; 1996 c 225 s 8. Formerly RCW 46.12.440. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Finding—1996 c 225: See note following RCW 46.04.125.
(1) Titling options. An owner of a manufactured home shall establish ownership in the manufactured home by either:
(a) Applying for a certificate of title as required under this chapter; or
(b) Eliminating the certificate of title under chapter 65.20 RCW.
(2) Exemption. This section does not apply to a manufactured home held for resale by a dealer or manufacturer.
(3) Transferring ownership. (a) A registered owner of record must sign the certificate of title releasing the owner's interest when transferring ownership of a manufactured home. If the manufactured home was manufactured before June 15, 1976, the registered owner must sign an affidavit on a form approved by the department. The affidavit must state that the purchaser was notified that failure of the manufactured home to meet federal housing and urban development standards or failure of the manufactured home to meet a fire and safety inspection by the department of labor and industries may result in denial by a local jurisdiction of a permit to site the manufactured home.
(b) When a manufactured/mobile or park model home is sold at a county treasurer's foreclosure or distraint sale, the registered owner of record, legal owner on title, and the purchaser are not required to sign the certificate of title and title application to transfer title. Any lienholder interest in a manufactured/mobile or park model home is extinguished by the county treasurer's foreclosure or distraint sale, provided that such lienholder has been provided a copy of the notice of the sale at his or her last known address, by registered letter, at least thirty days prior to the date of sale.
(4) Evidence of taxes paid. Before accepting an application for a certificate of title for a manufactured home, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to provide evidence that any taxes due on the sale of the manufactured home under chapters 82.45 and 84.52 RCW have been paid. Acceptable evidence includes a copy of:
(a) The real estate excise tax affidavit that has been stamped by the county treasurer; or
(b) A treasurer certificate that is prepared by the treasurer of the county in which a used manufactured home is located and that states that all property taxes due upon the used manufactured home being sold have been satisfied.
(5) County assessor notification. The department shall notify the county assessor of the county where the manufactured home is located when ownership of a manufactured home is transferred. The notification must include the name and address of the former owner and the new owner.
(6) Title elimination. The certificate of title for a manufactured home may be eliminated or not issued when the manufactured home is registered under chapter 65.20 RCW. If the certificate of title is eliminated or not issued, the application must be recorded in the county property records of the county where the real property to which the home is affixed is located. All vehicle license fees and taxes applicable to manufactured homes under this chapter are due and must be collected before recording the ownership with the county auditor.
(7) Rules. The department may adopt rules as necessary to implement this section.
[ 2019 c 75 s 1; 2011 c 171 s 38; 2010 c 161 s 322; 2005 c 399 s 4; 1993 c 154 s 2. Prior: 1989 c 343 s 20; 1989 c 337 s 4; 1981 c 304 s 2; 1979 c 158 s 137; 1971 ex.s. c 231 s 14. Formerly RCW 46.12.290. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1989 c 343: See RCW 65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
(1) When applying for a certificate of title for a street rod vehicle for the first time, the owner of the street rod vehicle must:
(a) Submit a certification that the street rod vehicle:
(i) Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
(ii) Will not be used for general daily transportation; and
(b) Provide a certificate of vehicle inspection as required under *RCW 46.12.560(4).
(2) The model year and the year of manufacture that are listed on the certificate of title of a street rod vehicle must be the model year and year of manufacture that the body of the street rod vehicle resembles.
(3) The presence of modern equipment including, but not limited to, brakes, engines, or seat belts, or the presence of optional equipment referenced in RCW 46.37.518, on a street rod vehicle does not invalidate the year of manufacture on the certificate of title.
(4) A street rod vehicle must be registered under RCW 46.18.220.
[ 2011 c 114 s 2. ]
NOTES:
*Reviser's note: RCW 46.12.560 was amended by 2025 c 10 s 1, changing subsection (4) to subsection (5), effective July 1, 2026.
Effective date—2011 c 114: See note following RCW 46.04.572.
Whoever knowingly buys, sells, receives, disposes of, conceals, or has knowingly in his or her possession any vehicle, watercraft, camper, or component part thereof, from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed for the purpose of concealment or misrepresenting the identity of the said vehicle, watercraft, camper, or component part thereof shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 9008; 1975-'76 2nd ex.s. c 91 s 1. Formerly RCW 46.12.300. ]
NOTES:
Severability—1975-'76 2nd ex.s. c 91: "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." [1975-'76 2nd ex.s. c 91 s 10.]
Effective date—1975-'76 2nd ex.s. c 91: "This act shall take effect on July 1, 1976." [1975-'76 2nd ex.s. c 91 s 11.]
(1) Any vehicle, watercraft, camper, or any component part thereof, from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, obliterated, or destroyed, may be impounded and held by the seizing law enforcement agency for the purpose of conducting an investigation to determine the identity of the article or articles, and to determine whether it had been reported stolen.
(2) Within five days of the impounding of any vehicle, watercraft, camper, or component part thereof, the law enforcement agency seizing the article or articles shall send written notice of such impoundment by certified mail to all persons known to the agency as claiming an interest in the article or articles. The seizing agency shall exercise reasonable diligence in ascertaining the names and addresses of those persons claiming an interest in the article or articles. Such notice shall advise the person of the fact of seizure, the possible disposition of the article or articles, the requirement of filing a written claim requesting notification of potential disposition, and the right of the person to request a hearing to establish a claim of ownership. Within five days of receiving notice of other persons claiming an interest in the article or articles, the seizing agency shall send a like notice to each such person.
(3) If reported as stolen, the seizing law enforcement agency shall promptly release such vehicle, watercraft, camper, or parts thereof as have been stolen, to the person who is the lawful owner or the lawful successor in interest, upon receiving proof that such person presently owns or has a lawful right to the possession of the article or articles.
[ 1995 c 256 s 2; 1975-'76 2nd ex.s. c 91 s 2. Formerly RCW 46.12.310. ]
NOTES:
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.720.
Unless a claim of ownership to the article or articles is established pursuant to RCW 46.12.735, the law enforcement agency seizing the vehicle, watercraft, camper, or component part thereof may dispose of them by destruction, by selling at public auction to the highest bidder, or by holding the article or articles for the official use of the agency, when:
(1) The true identity of the article or articles cannot be established by restoring the original manufacturer's serial number or other distinguishing numbers or identification marks or by any other means;
(2) After the true identity of the article or articles has been established, the seizing law enforcement agency cannot locate the person who is the lawful owner or if such lawful owner or his or her successor in interest fails to claim the article or articles within forty-five days after receiving notice from the seizing law enforcement agency that the article or articles is in its possession.
No disposition of the article or articles pursuant to this section shall be undertaken until at least sixty days have elapsed from the date of seizure and written notice of the right to a hearing to establish a claim of ownership pursuant to RCW 46.12.735 and of the potential disposition of the article or articles shall have first been served upon the person who held possession or custody of the article when it was impounded and upon any other person who, prior to the final disposition of the article, has notified the seizing law enforcement agency in writing of a claim to ownership or lawful right to possession thereof.
[ 2011 c 171 s 39; 2010 c 8 s 9009; 1975-'76 2nd ex.s. c 91 s 3. Formerly RCW 46.12.320. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.720.
(1) Any person may submit a written request for a hearing to establish a claim of ownership or right to lawful possession of the vehicle, watercraft, camper, or component part thereof seized pursuant to this section.
(2) Upon receipt of a request for hearing, one shall be held before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW.
(3) Such hearing shall be held within a reasonable time after receipt of a request therefor. Reasonable investigative activities, including efforts to establish the identity of the article or articles and the identity of the person entitled to the lawful possession or custody of the article or articles shall be considered in determining the reasonableness of the time within which a hearing must be held.
(4) The hearing and any appeal therefrom shall be conducted in accordance with Title 34 RCW.
(5) The burden of producing evidence shall be upon the person claiming to be the lawful owner or to have the lawful right of possession to the article or articles.
(6) Any person claiming ownership or right to possession of an article or articles subject to disposition under RCW 46.12.725 through 46.12.740 may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is two hundred dollars or more. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to judgment for costs and reasonable attorney's fees. For purposes of this section the seizing law enforcement agency shall not be considered a claimant.
(7) The seizing law enforcement agency shall promptly release the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof.
[ 2011 c 171 s 40; 1981 c 67 s 27; 1975-'76 2nd ex.s. c 91 s 4. Formerly RCW 46.12.330. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.720.
The seizing law enforcement agency may release the article or articles impounded pursuant to this section to the person claiming ownership without a hearing pursuant to RCW 46.12.735 when such law enforcement agency is satisfied after an appropriate investigation as to the claimant's right to lawful possession. If no hearing is contemplated as provided for in RCW 46.12.735 such release shall be within a reasonable time following seizure. Reasonable investigative activity, including efforts to establish the identity of the article or articles and the identity of the person entitled to lawful possession or custody of the article or articles shall be considered in determining the reasonableness of the time in which release must be made.
[ 2011 c 171 s 41; 1975-'76 2nd ex.s. c 91 s 5. Formerly RCW 46.12.340. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.720.
An identification number shall be assigned to any article impounded pursuant to RCW 46.12.725 in accordance with the rules promulgated by the department of licensing prior to:
(1) The release of the article from the custody of the seizing agency; or
(2) The use of the article by the seizing agency.
[ 2011 c 171 s 42; 1979 c 158 s 138; 1975-'76 2nd ex.s. c 91 s 6. Formerly RCW 46.12.350. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.720.
(1) A person is guilty of a class B felony if the person:
(a) Knowingly makes any false statement of a material fact, either on an application for a certificate of title or in any transfer of a certificate of title;
(b) Intentionally acquires or passes ownership of a vehicle which that person knows or has reason to believe has been stolen;
(c) Receives or transfers possession of a stolen vehicle from or to another person;
(d) Possesses any vehicle which that person knows or has reason to believe has been stolen;
(e) Alters or forges or causes the alteration or forgery of:
(i) A certificate of title or registration certificate issued by the department;
(ii) An assignment of a certificate of title or registration certificate; or
(iii) A release or notice of release of an encumbrance referred to on a certificate of title or registration certificate; or
(f) Holds or uses a certificate of title, registration certificate, assignment, release, or notice of release, knowing that it has been altered or forged.
(2) A person convicted of violating subsection (1) of this section must be punished by a fine of not more than five thousand dollars or by imprisonment for not more than ten years, or both such fine and imprisonment. This subsection does not exclude any other offenses or penalties prescribed by any existing or future law for the larceny or unauthorized taking of a vehicle.
(3) It is a class C felony for a person to sell or convey a vehicle certificate of title except in conjunction with the sale or transfer of the vehicle for which the certificate was originally issued.
(4) This section does not apply to an officer of the law engaged at the time in the performance of official authorized law enforcement activities.
[ 2010 c 161 s 319; 2003 c 53 s 236; 1961 c 12 s 46.12.210. Prior: 1937 c 188 s 12; RRS s 6312-12. Formerly RCW 46.12.210. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) A person under the age of eighteen may not be the registered or legal owner of a motor vehicle unless the:
(a) Motor vehicle was previously registered in the person's name in another jurisdiction while a resident of that jurisdiction;
(b) Person is on active military duty with the United States armed forces; or
(c) Person is, in effect, emancipated.
(2) It is unlawful for any person to convey, sell, or transfer the ownership of any motor vehicle to a person under the age of eighteen. This subsection does not apply to a vehicle dealer properly licensed under chapter 46.70 RCW if the minor provides the dealer with a certified copy of an original birth certificate showing that the minor is over eighteen years of age. The vehicle dealer shall submit the certified copy of the original birth certificate with an application for certificate of title to the department, county auditor or other agent, or subagent appointed by the director.
(3) A person is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars or by imprisonment in a county jail for not more than ninety days if that person with actual notice of the prohibition:
(a) Gives, sells, or transfers the ownership of a motor vehicle to a person under the age of eighteen;
(b) Is a registered or legal owner of a motor vehicle in violation of subsection (1) of this section; or
(c) Transfers, sells, or encumbers an interest in a motor vehicle in violation of RCW 46.61.5058.
[ 2010 c 161 s 320; 1969 ex.s. c 125 s 1. Formerly RCW 46.12.250. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
For the purposes of this chapter unless the context clearly requires otherwise:
(1) "Commercial motor vehicle," for the purposes of requiring a department of transportation number, means the same as defined in RCW 46.25.010(6), or a motor vehicle used in commerce when the motor vehicle: (a) Has a gross vehicle weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit or units of a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); (b) has a gross vehicle weight rating of 11,794 kilograms or more (26,001 pounds or more); or (c) is used in the transportation of hazardous materials, as defined in RCW 46.25.010(13);
(2) "Department of transportation number" means a department of transportation number from the federal motor carrier safety administration;
(3) "Interstate commercial motor vehicle" means a commercial vehicle that operates in more than one state;
(4) "Intrastate commercial motor vehicle" means a commercial vehicle that operates exclusively within the state of Washington;
(5) "Motor carrier" means a person or entity who has been issued a department of transportation number and who owns a commercial motor vehicle;
(6) "Registration year" means the effective period of a vehicle registration issued by the department. A registration year begins at 12:01 a.m. on the date of the calendar year designated by the department and ends at 12:00 a.m. the same day the following year unless otherwise specified;
(7) "Renewal notice" means the notice to renew a vehicle registration sent to the registered owner by the department.
[ 2019 c 44 s 1; 2010 c 161 s 401; 2007 c 419 s 3. Formerly RCW 46.16.004. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—2007 c 419: "The legislature finds and declares that it is the policy of the state of Washington to prevent the loss of human lives and the loss of property and vehicles, and to protect the traveling environment of the state of Washington through sound and consistent regulatory provisions for interstate and intrastate motor carriers.
The legislature further finds and declares that it is a policy of the state of Washington to require commercial motor vehicles operating on state roadways to comply with rigorous federal and state safety regulations. The legislature also finds that intrastate and interstate commercial motor vehicles should comply with consistent state and federal commercial vehicle regulations." [ 2007 c 419 s 1.]
Short title—2007 c 419: "This act may be known and cited as the Tony Qamar and Daniel Johnson act." [ 2007 c 419 s 2.]
(1) The department, county auditor or other agent, or subagent appointed by the director shall assign a new registration year to a vehicle if:
(a) The registered ownership of the vehicle is being transferred, except as provided in subsection (4) of this section. The renewed vehicle registration is valid for a full twelve-month period unless: (i) The vehicle changes ownership during the twelve-month period, in which case the registration expires; or (ii) a specific expiration date is required by law, rule, or program; or
(b) The Washington vehicle registration has expired and the registered owner:
(i) Is a member of the United States armed forces;
(ii) Was stationed outside of Washington under military orders during the prior vehicle registration year; and
(iii) Provides the department a copy of the military orders.
(2) Each registration year may be divided into twelve registration months. Each registration month begins at 12:01 a.m. on a day of the month assigned by the department and ends at 12:00 a.m. on the same day the following month.
(3) A registration period extends through the end of the next business day when the final day of a registration year or month falls on a Saturday, Sunday, or legal holiday.
(4) A vehicle registration does not expire when a change in vehicle ownership is the result of one or more of the following circumstances:
(a) When adding a lienholder to the certificate of title or removing a lienholder from the certificate of title;
(b) When a vehicle is transferred from one spouse or registered domestic partner to another;
(c) When removing a deceased spouse or registered domestic partner from the certificate of title;
(d) When a vehicle is transferred by gift or inheritance to one or more members of the registered owner's immediate family;
(e) When a vehicle is transferred into or out of a trust in which the registered owner or one or more immediate family members of the registered owner is the beneficiary;
(f) When a leaseholder buys out the leased vehicle; or
(g) When a person changes his or her name.
[ 2014 c 80 s 2; 2010 c 161 s 402; 2009 c 159 s 1; 1992 c 222 s 1; 1983 c 27 s 1; 1981 c 214 s 1; 1975 1st ex.s. c 118 s 1. Formerly RCW 46.16.006. ]
NOTES:
Application—2014 c 80: See note following RCW 46.16A.200.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1975 1st ex.s. c 118: "This 1975 amendatory act shall take effect on January 1, 1977: PROVIDED, That the director of the department of motor vehicles may, prior to such effective date, undertake and perform duties and conduct activities necessary for the timely implementation of this 1975 amendatory act on such date." [ 1975 1st ex.s. c 118 s 19.]
Severability—1975 1st ex.s. c 118: "If any provision of this 1975 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this 1975 amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [ 1975 1st ex.s. c 118 s 18.]
The department may by rule extend or reduce vehicle registration periods for the purpose of staggering renewal periods. The rules may exclude any classes or classifications of vehicles from the staggered renewal system and may provide for the gradual introduction of classes or classifications of vehicles into the system. The rules shall provide for the collection of proportionately increased or decreased vehicle license fees and of excise or property taxes required to be paid at the time of registration.
It is the intent of the legislature that there shall be neither a significant net gain nor loss of revenue to the state general fund or the motor vehicle fund as the result of implementing and maintaining a staggered vehicle registration system.
[ 2010 c 161 s 431; 1986 c 18 s 15; 1979 c 158 s 140; 1975 1st ex.s. c 118 s 2. Formerly RCW 46.16.225. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16A.020.
(1) Vehicles must be registered as required by this chapter and must display license plates or decals assigned by the department.
(2) It is unlawful for a person to operate any vehicle on a public highway of this state without having in full force and effect a current and proper vehicle registration and displaying license plates on the vehicle.
(3) Vehicle license plates or registration certificates, whether original issues or duplicates, may not be issued or furnished by the department until the applicant makes satisfactory application for a certificate of title or presents satisfactory evidence that a certificate of title covering the vehicle has been previously issued.
(4) Failure to make initial registration before operating a vehicle on the public highways of this state is a traffic infraction. A person committing this infraction must pay a fine of five hundred twenty-nine dollars, which may not be suspended or reduced. This fine is in addition to any delinquent taxes and fees that must be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion. The five hundred twenty-nine dollar fine must be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250.
(5) Failure to renew an expired registration before operating a vehicle on the public highways of this state is a traffic infraction.
(6) It is a gross misdemeanor for a resident, as identified in RCW 46.16A.140, to register a vehicle in another state, evading the payment of any tax or vehicle license fee imposed in connection with registration. It is punishable, in lieu of the fine in subsection (4) of this section, as follows:
(a) For a first offense:
(i) Up to three hundred sixty-four days in the county jail;
(ii) Payment of a fine of five hundred twenty-nine dollars plus any applicable assessments, which may not be suspended or reduced. The fine of five hundred twenty-nine dollars must be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250;
(iii) A fine of one thousand dollars to be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250, which may not be suspended or reduced; and
(iv) The delinquent taxes and fees, which must be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion, and which may not be suspended or reduced;
(b) For a second or subsequent offense:
(i) Up to three hundred sixty-four days in the county jail;
(ii) Payment of a fine of five hundred twenty-nine dollars plus any applicable assessments, which may not be suspended or reduced, except as provided in RCW 10.05.180. The fine of five hundred twenty-nine dollars must be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250;
(iii) A fine of five thousand dollars to be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250, which may not be suspended or reduced; and
(iv) The amount of delinquent taxes and fees, which must be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion, and which may not be suspended or reduced.
(7) A vehicle with an expired registration of more than forty-five days parked on a public street may be impounded by a police officer under RCW 46.55.113(2).
[ 2019 c 459 s 3; 2019 c 423 s 203. Prior: 2011 c 171 s 43; 2011 c 96 s 31; prior: 2010 c 270 s 1; 2010 c 217 s 5; 2010 c 161 s 403; 2007 c 242 s 2; 2006 c 212 s 1; prior: 2005 c 350 s 1; 2005 c 323 s 2; 2005 c 213 s 6; prior: 2003 c 353 s 8; 2003 c 53 s 238; 2000 c 229 s 1; 1999 c 277 s 4; prior: 1997 c 328 s 2; 1997 c 241 s 13; 1996 c 184 s 1; 1993 c 238 s 1; 1991 c 163 s 1; 1989 c 192 s 2; 1986 c 186 s 1; 1977 ex.s. c 148 s 1; 1973 1st ex.s. c 17 s 2; 1972 ex.s. c 5 s 2; 1969 c 27 s 3; 1967 c 202 s 2; 1963 ex.s. c 3 s 51; 1961 ex.s. c 21 s 32; 1961 c 12 s 46.16.010; prior: 1955 c 265 s 1; 1947 c 33 s 1; 1937 c 188 s 15; Rem. Supp. 1947 s 6312-15; 1929 c 99 s 5; RRS s 6324. Formerly RCW 46.16.010. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2019 c 423 s 203 and by 2019 c 459 s 3, 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).
Finding—Intent—2019 c 459: See note following RCW 10.05.180.
Finding—Intent—Effective date—2019 c 423: See notes following RCW 82.08.0273.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2005 c 350: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 2005]." [ 2005 c 350 s 2.]
Declaration and intent—2005 c 323: "When a person establishes residency in this state, unless otherwise exempt by statute, the person must register any vehicles to be operated on public highways, and pay all required licensing fees and taxes. Washington residents must renew vehicle registrations annually as well. The intent of this act is to increase the monetary penalties associated with failure to properly register vehicles in the state of Washington." [ 2005 c 323 s 1.]
Effective date—2005 c 323: "This act takes effect August 1, 2005." [ 2005 c 323 s 4.]
Application—2005 c 323: "This act applies to registrations due or to become due on or after January 1, 2006." [ 2005 c 323 s 5.]
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.300.
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2000 c 229: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 2000]." [ 2000 c 229 s 9.]
Effective date—1996 c 184 ss 1-6: "Sections 1 through 6 of this act take effect January 1, 1997." [ 1996 c 184 s 8.]
Legislative intent—1989 c 192: "The legislature recognizes that there are residents of this state who intentionally register motor vehicles in other states to evade payment of taxes and fees required by the laws of this state. This results in a substantial loss of revenue to the state. It is the intent of the legislature to impose a stronger criminal penalty upon those residents who defraud the state, thereby enhancing compliance with the registration laws of this state and further enhancing enforcement and collection efforts.
In order to encourage voluntary compliance with the registration laws of this state, administrative penalties associated with failing to register a motor vehicle are waived until September 1, 1989. It is not the intent of the legislature to waive traffic infraction or criminal traffic violations imposed prior to July 23, 1989." [ 1989 c 192 s 1.]
Effective date—1989 c 192 s 2 : "Section 2 of this act shall take effect September 1, 1989." [ 1989 c 192 s 3.]
(1) An owner or the owner's authorized representative must apply for an original vehicle registration to the department, county auditor or other agent, or subagent appointed by the director on a form furnished by the department. The application must contain:
(a) A description of the vehicle, including its make, model, vehicle identification number, type of body, and power to be used;
(b) The name and address of the person who is the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party;
(c) The purpose for which the vehicle is to be used;
(d) The licensed gross weight for the vehicle, which is:
(i) The adult seating capacity, including the operator, as provided for in RCW 46.16A.455(1) if the vehicle will be operated as a for hire vehicle or auto stage and has a seating capacity of more than six; or
(ii) The gross weight declared by the applicant as required in RCW 46.16A.455(2) if the vehicle will be operated as a motor truck, tractor, or truck tractor;
(e) The empty scale weight of the vehicle; and
(f) Other information that the department may require.
(2) The registered owner or the registered owner's authorized representative shall sign the application for an original vehicle registration and certify that the statements on the application are true to the best of the applicant's knowledge.
(3) The application for an original vehicle registration must be accompanied by a draft, money order, certified bank check, or cash for all fees and taxes due for the application for an original vehicle registration.
(4) Whenever any person, after applying for or receiving a vehicle registration, moves from the address named in the application or in the registration issued to him or her, or changes his or her name of record, the person shall, within ten days thereafter, notify the department of the name or address change as provided in RCW 46.08.195.
[ 2017 c 147 s 4; 2010 c 161 s 413; 1987 c 244 s 2; 1975 c 25 s 15; 1969 ex.s. c 170 s 2. Prior: 1967 ex.s. c 83 s 59; 1967 c 32 s 16; 1961 c 12 s 46.16.040; prior: 1947 c 164 s 8; 1937 c 188 s 29; Rem. Supp. 1947 s 6312-29; 1921 c 96 s 5; 1919 c 178 s 1; 1919 c 59 s 4; 1915 c 142 s 5; RRS s 6316. Formerly RCW 46.16.040. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1967 ex.s. c 83: See RCW 47.26.910.
(1) The department, county auditor or other agent, or subagent appointed by the director shall not issue an initial registration certificate for a motor vehicle to a natural person under this chapter unless the natural person at time of application:
(a) Presents an unexpired Washington state driver's license; or
(b) Certifies that he or she is:
(i) A Washington state resident who does not operate a motor vehicle on public roads; or
(ii) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025.
(2) The department must set up procedures to verify that all owners meet the requirements of this section.
(3) A person falsifying residency is guilty of a gross misdemeanor punishable only by a fine of five hundred twenty-nine dollars.
(4) The department may adopt rules necessary to implement this section, including rules under which a natural person applying for registration may be exempt from the requirements of this section if the person provides evidence satisfactory to the department that he or she has a valid and compelling reason for not being able to meet the requirements of this section.
[ 2014 c 197 s 1; 2010 c 161 s 405. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department, county auditor or other agent, or subagent appointed by the director may not issue or renew a motor vehicle registration or change the registered owner of a registered vehicle for any motor vehicle required to be inspected under chapter 70A.25 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance or a valid certificate of acceptance issued as required under chapter 70A.25 RCW; or (b) exempt, as described in subsection (2) of this section. The certificates must have a date of validation that is within twelve months of the assigned registration renewal date. Certificates for fleet or owner tested diesel vehicles may have a date of validation that is within twelve months of the assigned registration renewal date.
(2) The following motor vehicles are exempt from emission test requirements:
(a) Motor vehicles that are less than five years old or more than twenty-five years old;
(b) Motor vehicles that are a 2009 model year or newer;
(c) Motor vehicles powered exclusively by electricity, propane, compressed natural gas, liquefied natural gas, or liquid petroleum gas;
(d) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles as defined in RCW 46.04.332;
(e) Farm vehicles as defined in RCW 46.04.181;
(f) Street rod vehicles as defined in RCW 46.04.572 and custom vehicles as defined in RCW 46.04.161;
(g) Used vehicles that are offered for sale by a motor vehicle dealer licensed under chapter 46.70 RCW;
(h) Classes of motor vehicles exempted by the director of the department of ecology;
(i) Hybrid motor vehicles that obtain a rating by the environmental protection agency of at least fifty miles per gallon of gas during city driving. For purposes of this section, a hybrid motor vehicle is one that uses propulsion units powered by both electricity and gas; and
(j) Collectible vehicles as defined in RCW 46.04.123.
(3) The department of ecology must provide information to motor vehicle owners:
(a) Regarding the boundaries of emission contributing areas and restrictions established under this section that apply to vehicles registered in such areas; and
(b) On the relationship between motor vehicles and air pollution and steps motor vehicle owners should take to reduce motor vehicle related air pollution.
(4) The department of licensing must:
(a) Notify all registered motor vehicle owners affected by the emission testing program that they must have an emission test to renew their registration;
(b) Adopt rules implementing and enforcing this section, except for subsection (2)(e) of this section, as specified in chapter 34.05 RCW.
(5) A motor vehicle may not be registered, leased, rented, or sold for use in the state, starting with the model year as provided in RCW 70A.30.010, unless the vehicle:
(a) Has seven thousand five hundred miles or more; or
(b)(i) Is consistent with the vehicle emission standards and carbon dioxide equivalent emission standards adopted by the department of ecology; and
(ii) Has a California certification label for all emission standards, and carbon dioxide equivalent emission standards necessary to meet fleet average requirements.
(6) The department of licensing, in consultation with the department of ecology, may adopt rules necessary to implement this section and may provide for reasonable exemptions to these requirements. The department of ecology may exempt public safety vehicles from meeting the standards where the department finds that vehicles necessary to meet the needs of public safety agencies are not otherwise reasonably available.
[ 2021 c 65 s 50. Prior: 2014 c 216 s 207; 2014 c 72 s 1; 2011 c 114 s 6; 2010 c 161 s 406; 2002 c 24 s 1; 1998 c 342 s 6; 1991 c 199 s 209; 1990 c 42 s 318; 1989 c 240 s 1; 1985 c 7 s 111; prior: 1983 c 238 s 1; 1983 c 237 s 3; 1980 c 176 s 1; 1979 ex.s. c 163 s 11. Formerly RCW 46.16.015. ]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—Findings—Tax preference performance statement—2014 c 216: See notes following RCW 82.38.030.
Effective date—2011 c 114: See note following RCW 46.04.572.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective date—1989 c 240: See RCW 70A.25.900.
Severability—1983 c 238: "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." [ 1983 c 238 s 3.]
Legislative finding—1983 c 237: See note following RCW 46.37.467.
Effective date—1979 ex.s. c 163 s 11: "Section 11 of this act shall take effect on January 1, 1982. The director of the department of licensing and the director of the department of ecology are authorized to take immediately such steps as are necessary to ensure that section 11 of this act is implemented on its effective date." [ 1979 ex.s. c 163 s 16.]
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
(1) The department may refuse to issue or may cancel a registration certificate at any time when the department determines that an applicant for registration is not entitled to a registration certificate. Notice of cancellation may be accomplished by sending a notice by first-class mail using the last known address in department records for the registered or legal owner or owners, and completing an affidavit of first-class mail. It is unlawful for any person to remove, drive, or operate the vehicle until a proper registration certificate has been issued. A person removing, driving, or operating a vehicle after the refusal to issue or cancellation of the registration is guilty of a gross misdemeanor.
(2)(a) The suspension, revocation, cancellation, or refusal by the director of a registration certificate provided under this chapter is conclusive unless the person whose registration or certificate is suspended, revoked, canceled, or refused appeals to the superior court of Thurston county or the person's county of residence.
(b) Notice of appeal must be filed within 10 days after receipt of the notice of suspension, revocation, cancellation, or refusal. Upon the filing of the notice of appeal, the court shall issue an order to the director to show cause why the registration should not be granted or reinstated and return the order not less than 10 days after the date of service to the director. Service must be in the same manner as prescribed for the service of a summons and complaint in other civil actions.
(c) Upon the hearing on the order to show cause, the court shall hear evidence concerning matters with reference to the suspension, revocation, cancellation, or refusal of the registration and shall enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal.
(3) The department may cancel the registration of a vehicle registered under RCW 46.18.220 if the registered owner fails to respond to a request for information from the department regarding collector vehicle insurance and whether collector plates are in use, within 45 days. The request for information shall include a statement with the necessary information and deadline for compliance, as well as the consequences of failure to respond to the request for information.
[ 2025 c 332 s 5; 2011 c 171 s 44; 2010 c 161 s 414. ]
NOTES:
Effective date—2025 c 332: See note following RCW 46.18.255.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The following vehicles are not required to be registered under this chapter:
(1) Converter gears used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle;
(2) Electric-assisted bicycles;
(3)(a) Farm vehicles operated within a radius of twenty-five miles of the farm where it is principally used or garaged for the purposes of traveling between farms or other locations to engage in activities that support farming operations, (b) farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and (c) trailers used exclusively to transport farm implements from one farm to another during daylight hours or at night when the trailer is equipped with lights that comply with applicable law;
(4) Forklifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses they serve;
(5) Golf carts, as defined in RCW 46.04.1945, operating within a designated golf cart zone as described in RCW 46.08.175;
(6) Motor vehicles operated solely within a national recreation area that is not accessible by a state highway, including motorcycles, motor homes, passenger cars, and sport utility vehicles. This exemption applies only after initial registration;
(7) Motorized foot scooters;
(8) Nurse rigs or equipment auxiliary for the use of and designed or modified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transportation;
(9) Off-road vehicles operated on a street, road, or highway as authorized under RCW 46.09.360, or nonhighway roads under RCW 46.09.450;
(10) Special highway construction equipment;
(11) Dump trucks and tractor-dump trailer combinations that are:
(a) Designed and used primarily for construction work on highways;
(b) Not designed or used primarily for the transportation of persons or property on a public highway; and
(c) Only incidentally operated or moved over the highways;
(12) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation;
(13) Tow dollies;
(14) Trams used for transporting persons to and from facilities related to the horse racing industry as regulated in chapter 67.16 RCW, as long as the public right-of-way routes over which the trams operate are not more than one mile from end to end, the public rights-of-way over which the tram operates have average daily traffic of not more than fifteen thousand vehicles per day, and the activity is in conformity with federal law. The operator must be a licensed driver and at least eighteen years old. For the purposes of this section, "tram" also means a vehicle, or combination of vehicles linked together with a single mode of propulsion, used to transport persons from one location to another;
(15) Vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks; and
(16) Vehicles shipped as marine cargo, if:
(a) The vehicles are operated:
(i) From wharves to and from storage areas or terminals owned by a public port established according to chapter 53.04 RCW; or
(ii) Between storage areas or terminals owned by a public port established according to chapter 53.04 RCW; and
(b) At least part of the operation takes place on public roadways connecting facilities of a single public port.
[ 2019 c 94 s 2; 2013 c 299 s 2; 2011 c 171 s 45; 2010 c 161 s 404. ]
NOTES:
Findings—2019 c 94: "(1) The legislature finds forty percent of jobs in Washington state are connected to international trade.
(2) The legislature also finds that:
(a) Washington state ports serve as major intermodal hubs for vehicles both imported to and exported from the United States, supporting both manufacturing and logistics jobs;
(b) Vehicles shipped as marine cargo are not registered until purchased by the end user; and
(c) To efficiently move unregistered vehicles shipped as marine cargo between port-owned marine terminals, storage lots, and vehicle processing facilities, they must operate on public roadways." [ 2019 c 94 s 1.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department, county auditor or other agent, or subagent appointed by the director must provide an opportunity for a vehicle owner to make a voluntary donation as provided in this section when applying for an initial or renewal vehicle registration.
(2)(a) A vehicle owner who registers a vehicle under this chapter may donate one dollar or more to the organ and tissue donation awareness account to promote the donation of organs and tissues under the uniform anatomical gift act as described in chapter 68.64 RCW. The donation of one or more dollars is voluntary and may be refused by the vehicle owner.
(b) The department, county auditor or other agent, or subagent appointed by the director must:
(i) Ask a vehicle owner applying for a vehicle registration if the owner would like to donate one dollar or more;
(ii) Inform a vehicle owner of the option for organ and tissue donations as required under RCW 46.20.113; and
(iii) Make information booklets or other informational material available regarding the importance of organ and tissue donations to vehicle owners.
(c) All reasonable costs associated with the creation of the donation program created under this section must be paid proportionally or by another agreement by a participating Washington state organ procurement organization established for organ and tissue donation awareness purposes by the Washington state organ procurement organizations. For the purposes of this section, "reasonable costs" and "Washington state organ procurement organization" have the same meaning as in RCW 68.64.010.
(3) The department must collect from a vehicle owner who pays a vehicle license fee under RCW 46.17.350(1) (a), (d) through (l), (n), (o), or (q) or who registers a vehicle under RCW 46.16A.455 with a declared gross weight of twelve thousand pounds or less a voluntary donation of five dollars. The donation may not be collected from any vehicle owner actively opting not to participate in the donation program. The department must ensure that the opt-out donation under this section is clear, visible, and prominently displayed in both paper and online vehicle registration renewals. Notification of intent to not participate in the donation program must be provided annually at the time of vehicle registration renewal. The donation must be deposited in the state parks renewal and stewardship account established in RCW 79A.05.215 to be used for the operation and maintenance of state parks.
(4) A vehicle owner who registers a vehicle under this chapter may purchase a discover pass for the price amount established in RCW 79A.80.020. Purchase of a discover pass is voluntary by the vehicle owner. The discover pass fee must be deposited in the recreation access pass account created in RCW 79A.80.090. The department, county auditor , or other agent or subagent appointed by the director is not responsible for delivering a purchased discover pass to a motor vehicle owner. The agencies, as defined in RCW 79A.80.010, must deliver the purchased discover pass to a motor vehicle owner.
[ 2012 c 261 s 9; 2011 c 320 s 12; 2010 c 161 s 420; 2009 c 512 s 1; 2007 c 340 s 1. Formerly RCW 46.16.076. ]
NOTES:
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320 s 12: "Section 12 of this act takes effect October 1, 2011." [ 2011 c 320 s 26.]
Findings—Intent—2011 c 320: See RCW 79A.80.005.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department may refuse registration of a vehicle if the applicant has failed to furnish proof, acceptable to the department, that the federal heavy vehicle use tax imposed by section 4481 of the internal revenue code of 1954 has been paid.
The department may adopt rules as deemed necessary to administer this section.
[ 1985 c 79 s 1. Formerly RCW 46.16.073. ]
(1) A registered owner or the registered owner's authorized representative must apply for a renewal vehicle registration to the department, county auditor or other agent, or subagent appointed by the director on a form approved by the director. The application for a renewal vehicle registration must be accompanied by a draft, money order, certified bank check, or cash for all fees and taxes required by law for the application for a renewal vehicle registration.
(2)(a) When a vehicle changes ownership, the person taking ownership or his or her authorized representative must apply for a renewal vehicle registration as provided in subsection (1) of this section and, except as provided in (b) of this subsection, pay all the taxes and fees that are due at the time of registration renewal. For the purposes of this section, when a vehicle is sold to a vehicle dealer for resale, the application for a renewal registration need not be made until the vehicle is sold by the vehicle dealer.
(b) The person taking ownership or his or her authorized representative must be given credit for the portion of a motor vehicle excise tax, including the motor vehicle excise tax collected under RCW 81.104.160, that reflects the remaining period for which the tax was initially paid by the previous owner.
(3) An application and the fees and taxes for a renewal vehicle registration must be handled in the same manner as an original vehicle registration application. The registration does not need to show the name of the lienholder when the application for renewal vehicle registration becomes the renewal registration upon validation.
(4) A person expecting to be out of state during the normal renewal period of a vehicle registration may renew a vehicle registration and have license plates or tabs preissued by applying for a renewal as described in subsection (1) of this section. A vehicle registration may be renewed for the subsequent registration year up to eighteen months before the current expiration date and must be displayed from the date of issue or from the day of the expiration of the current registration year, whichever date is later.
(5) An application for a renewal vehicle registration is not required for those vehicles owned, rented, or leased by:
(a) The state of Washington, or by any county, city, town, school district, or other political subdivision of the state of Washington; or
(b) A governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior.
[ 2014 c 80 s 3. Prior: 2010 c 161 s 428; 2010 c 8 s 9012; 2001 c 206 s 1; 1997 c 241 s 8; 1994 c 262 s 9; 1977 c 8 s 1; prior: 1975 1st ex.s. c 169 s 6; 1975 1st ex.s. c 118 s 8; 1969 ex.s. c 75 s 1; 1961 c 12 s 46.16.210; prior: 1957 c 273 s 5; 1955 c 89 s 2; 1953 c 252 s 3; 1947 c 164 s 11; 1937 c 188 s 34; Rem. Supp. 1947 s 6312-34. Formerly RCW 46.16.210. ]
NOTES:
Application—2014 c 80: See note following RCW 46.16A.200.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16A.020.
(1)(a) The department shall, before issuing a motor vehicle registration or mailing a motor vehicle registration renewal notice, check information made available by the national highway traffic safety administration to determine whether the motor vehicle is subject to an open safety recall. For a vehicle that is subject to one or more open safety recalls, the department shall provide the owner of the motor vehicle written notice of all open safety recalls applicable to the motor vehicle. The recall notice must be provided at the time the vehicle is registered as well as be included in any registration renewal notices sent to consumers by the department. The renewal notice must include a statement that the vehicle has one or more open safety recalls that may be repaired by a motor vehicle dealer approved by the manufacturer of the motor vehicle at no cost to the owner of the motor vehicle, except as provided in 49 U.S.C. Sec. 30120.
(b) The department shall include as part of any reminder notices sent to consumers before the expiration of their registration a notice that their vehicle has one or more open safety recalls and that each open safety recall may be repaired by a motor vehicle dealer approved by the manufacturer of the motor vehicle at no cost to the owner of the motor vehicle, except as provided in 49 U.S.C. Sec. 30120.
(2) Nothing in this section alters the liability of any motor vehicle manufacturer or motor vehicle dealer approved by the manufacturer to repair an open safety recall.
(3) The director and director's designees including, pursuant to RCW 46.01.140, county auditors, agents, and subagents, for the purposes of discharging their duties pursuant to chapter 440, Laws of 2023 are not liable for any act or omission related to the provision of an open safety recall notice and are immune from any related civil suit or action, consistent with RCW 46.01.310.
(4) For the purposes of this section, "open safety recall" means a safety-related recall, for which notification by a manufacturer is required to be provided under 49 U.S.C. Secs. 30118 and 30119, that necessitates repairs or modifications to a motor vehicle by an authorized motor vehicle dealer. "Open safety recall" does not include: Recalls related to defects or failures to comply with requirements relating to labeling or notification in a motor vehicle's owner's manual; or recalls where the remedy is for the manufacturer to repurchase the motor vehicle or otherwise provide financial compensation to the owner of the motor vehicle.
[ 2023 c 440 s 3. ]
NOTES:
Effective date— Written notice to owner of motor vehicle from official motor vehicle inspection facility or licensed private inspection facility—Liability of motor vehicle manufacturer or approved motor vehicle dealer may not be altered—2023 c 440: See notes following RCW 46.32.140.
(1) Each court and government agency located in this state having jurisdiction over standing, stopping, and parking violations, the use of a photo toll system under RCW 46.63.160, the use of automated traffic safety cameras under RCW 46.63.220 through 46.63.260, the use of automated school bus safety cameras under RCW 46.63.180, and the use of speed safety camera systems under RCW 46.63.200 may forward to the department any outstanding:
(a) Standing, stopping, and parking violations;
(b) Civil penalties for toll nonpayment detected through the use of photo toll systems issued under RCW 46.63.160;
(c) Automated traffic safety camera infractions issued under RCW 46.63.030(1)(d);
(d) Automated school bus safety camera infractions issued under RCW 46.63.030(1)(e); and
(e) Speed safety camera system infractions issued under RCW 46.63.030(1)(f).
(2) Violations, civil penalties, and infractions described in subsection (1) of this section must be reported to the department in the manner described in RCW 46.20.270(3).
(3) The department shall:
(a) Record the violations, civil penalties, and infractions on the matching vehicle records; and
(b) Send notice approximately 120 days in advance of the current vehicle registration expiration date to the registered owner listing the dates and jurisdictions in which the violations, civil penalties, and infractions occurred, the amounts of unpaid fines and penalties, and the surcharge to be collected. Only those violations, civil penalties, and infractions received by the department 120 days or more before the current vehicle registration expiration date will be included in the notice. Violations, civil penalties, and infractions received by the department later than 120 days before the current vehicle registration expiration date that are not satisfied will be delayed until the next vehicle registration expiration date.
(4) The department, county auditor or other agent, or subagent appointed by the director shall not renew a vehicle registration if there are any outstanding standing, stopping, and parking violations, and other civil penalties issued under RCW 46.63.160 for the vehicle unless:
(a) The outstanding standing, stopping, or parking violations and civil penalties were received by the department within 120 days before the current vehicle registration expiration;
(b) There is a change in registered ownership; or
(c) The registered owner presents proof of payment of each violation, civil penalty, and infraction provided in this section and the registered owner pays the surcharge required under RCW 46.17.030.
(5) The department shall:
(a) Forward a change in registered ownership information to the court or government agency who reported the outstanding violations, civil penalties, or infractions; and
(b) Remove the outstanding violations, civil penalties, and infractions from the vehicle record.
[ 2024 c 308 s 1; 2024 c 307 s 7; 2012 c 83 s 5. Prior: 2011 c 375 s 9; 2011 c 375 s 8; 2010 c 249 s 10; 2010 c 161 s 430; 2004 c 231 s 4; 1990 2nd ex.s. c 1 s 401; 1984 c 224 s 1. Formerly RCW 46.16.216. ]
NOTES:
Reviser's note: This section was amended by 2024 c 307 s 7 and by 2024 c 308 s 1, 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).
Contingent effective date—2011 c 375 ss 5, 7, and 9: See note following RCW 46.63.030.
Intent—2011 c 375: See note following RCW 46.63.180.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Severability—1984 c 224: "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." [ 1984 c 224 s 5.]
Effective date—1984 c 224: "This act shall take effect on July 1, 1984." [ 1984 c 224 s 6.]
The department shall notify motor vehicle owners of the liability insurance requirements described in RCW 46.30.020 through 46.30.040 at the time of issuance of an original motor vehicle registration and when the department sends a motor vehicle registration renewal notice.
[ 2010 c 161 s 429; 1989 c 353 s 10. Formerly RCW 46.16.212. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1989 c 353: See RCW 46.30.901.
(1) For the purposes of vehicle registration, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes, but is not limited to:
(a) Becoming a registered voter in this state;
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring residency for the purpose of obtaining a state license or tuition fees at resident rates.
(2) A natural person may be a resident of this state even though that person has or claims residency or domicile in another state or intends to leave this state at some future time. A natural person is presumed a resident if the natural person meets at least two of the following conditions:
(a) Maintains a residence in this state for personal use;
(b) Has a Washington state driver's license or a Washington state resident hunting or fishing license;
(c) Uses a Washington state address for federal income tax or state tax purposes;
(d) Has previously maintained a residence in this state for personal use and has not established a permanent residence outside the state of Washington, such as a person who retires and lives in a motor home or vessel that is not permanently attached to any property;
(e) Claims this state as his or her residence for obtaining eligibility to hold a public office or for judicial actions;
(f) Is a custodial parent with a child attending public schools in this state.
(3) "Washington public assistance programs," as referred to in subsection (1)(b) of this section, includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds. "Washington public assistance programs" does not include: The food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and temporary assistance for needy families.
(4) A resident of the state shall apply for a certificate of title under chapter 46.12 RCW and register under this chapter a vehicle to be operated on the highways of the state. New Washington residents are allowed thirty days from the date they become residents as defined in this section to obtain Washington registration for their vehicles. This thirty-day period may not be combined with any other period of reciprocity provided for in this chapter or chapter 46.85 RCW.
[ 2010 c 161 s 410; 1997 c 59 s 7; 1987 c 142 s 1; 1986 c 186 s 2; 1985 c 353 s 1. Formerly RCW 46.16.028. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1985 c 353: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, except for section 1 of this act, which shall take effect September 1, 1985." [ 1985 c 353 s 6.]
A person may not purchase a vehicle displaying foreign license plates without removing and destroying the license plates unless:
(1) The out-of-state vehicle is sold to a Washington resident by a resident of a jurisdiction where the license plates follow the owner;
(2) The out-of-state license plates may be returned to the jurisdiction of issuance by the owner for refund purposes; or
(3) For other reasons as determined by the department by rule.
[ 2010 c 161 s 411; 1987 c 142 s 2. Formerly RCW 46.16.029. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The provisions of this chapter relating to the registration of vehicles and display of license plates and registration certificates do not apply to vehicles owned by nonresidents of this state if:
(a) The owner has complied with the law requiring the registration of vehicles in the names of the owners in force in the state, foreign country, territory, or federal district of residence; and
(b) The license plate showing the initial or abbreviation of the name of the state, foreign country, territory, or federal district is displayed on the vehicle substantially as required in this state.
(2) This section applies only if the laws of the state, foreign country, territory, or federal district of the nonresident's residence allow similar exemptions and privileges to vehicles registered under the laws of the foreign state, country, territory, or federal district.
(3) Foreign businesses owning, maintaining, or operating places of business in this state and using vehicles in connection with those places of business shall comply with this chapter. Under provisions of the international registration plan, the nonmotor vehicles of member and nonmember jurisdictions that are properly based and registered in such jurisdictions have reciprocity in this state as provided in RCW 46.87.070.
(4) The director may adopt and enforce rules for the registration of nonresident vehicles on a reciprocal basis and with respect to any character or class of operation.
[ 2010 c 161 s 412; 1991 c 163 s 2; 1990 c 42 s 110; 1967 c 32 s 15; 1961 c 12 s 46.16.030. Prior: 1937 c 188 s 23; RRS s 6312-23; 1931 c 120 s 1; 1929 c 99 s 4; 1921 c 96 s 11; 1919 c 59 s 6; 1917 c 155 s 7; 1915 c 142 s 11; RRS s 6322. Formerly RCW 46.16.030. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
(1) The following vehicles are exempt from the payment of vehicle license fees:
(a) Any vehicle owned, rented, or leased by the state of Washington, or by any county, city, town, school district, or other political subdivision of the state of Washington and used exclusively by them;
(b) Vehicles owned or leased with an option to purchase by the United States government, or by the government of foreign countries, or by international bodies to which the United States government is a signatory by treaty;
(c) Vehicles owned or leased by the governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior, and used exclusively in its service;
(d) Any bus or vehicle owned and operated by a private school or schools meeting the requirements of RCW 28A.195.010 and used by that school or schools primarily to transport children to and from school or to transport children in connection with school activities. A registration issued by the department for these buses or vehicles is exempt from the motor vehicle excise tax provided in chapter 82.44 RCW;
(e) Vehicles owned and used exclusively by the United States government and are clearly identified by displaying registration numbers or license plates assigned by the United States government if the vehicle is registered and displays license plates assigned to it by the United States government; and
(f) Except for payment of the license plate fee required under RCW 46.17.240, vehicles owned and used exclusively by the United States government and are clearly identified by displaying registration numbers of license plates assigned by the state of Washington if the vehicle is registered and displays license plates assigned to it by the state of Washington.
(2) The department shall assign a license plate or plates to each vehicle or may assign a block of license plates to an agency or political subdivision for further assignment by the agency or political subdivision to individual vehicles registered to it. The agency, political subdivision, or Indian tribe, except a foreign government or international body, shall pay the fee required in RCW 46.17.240 for the license plate or plates for each vehicle.
(3) An Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior is not entitled to register any tribal government service vehicle under this section if that tribe itself registers any tribal government service vehicles under tribal law.
(4) A vehicle registration or license plates may not be issued to any vehicle under this section for the transportation of school children unless the vehicle has been first inspected by the director or the director's authorized representative.
[ 2010 c 161 s 407; 1986 c 30 s 1; 1975 1st ex.s. c 169 s 5; 1973 1st ex.s. c 132 s 22; 1967 c 32 s 14; 1965 ex.s. c 106 s 1; 1961 c 12 s 46.16.020. Prior: 1939 c 182 s 4; 1937 c 188 s 21; RRS s 6312-21; 1925 ex.s. c 47 s 1; 1921 c 96 s 17; 1919 c 46 s 2; 1917 c 155 s 12; 1915 c 142 s 17; RRS s 6329. Formerly RCW 46.16.020. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Marking of publicly owned vehicles: RCW 46.08.065 through 46.08.068.
Special license plates issued without fee
Congressional Medal of Honor recipients: RCW 46.18.230.
surviving spouse or surviving domestic partner of deceased prisoner of war: RCW 73.04.115.
veterans with disabilities, prisoners of war: RCW 46.18.235.
(1) The provisions of this chapter relating to registering vehicles by this state, including the display of license plates and registration certificates, do not apply to vehicles owned or leased by the governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior if:
(a) The vehicle is used exclusively in tribal government service;
(b) The vehicle has been registered under a law adopted by the tribal government;
(c) License plates issued by the tribe showing the initial or abbreviation of the name of the tribe are displayed on the vehicle as required in this state;
(d) The tribe has not elected to receive Washington state license plates for tribal government service vehicles as authorized in RCW 46.16A.170; and
(e) If required by the department, the tribe provides the department with vehicle description and ownership information similar to that required for vehicles registered in this state, which may include the model year, make, model series, body type, type of power, vehicle identification number, and the license plate number assigned to each government service vehicle registered by that tribe.
(2) This section applies only if the laws of the tribe:
(a) Allow similar exemptions and privileges to all vehicles registered under the laws of this state on all tribal roads within the tribe's reservation; and
(b) Do not require persons operating vehicles registered by this state to pay a registration fee or to carry or display license plates or a registration certificate issued by the tribe.
[ 2010 c 161 s 408; 1986 c 30 s 2. Formerly RCW 46.16.022. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registration certificate must be:
(a) Signed by the registered owner, or if a firm or corporation, the signature of one of its officers or other authorized agent, to be valid;
(b) Carried in the vehicle for which it is issued; and
(c) Provided to law enforcement and the department by the operator of the vehicle upon demand.
(d) The registration certificate required by this section may be provided in either paper or electronic format. Acceptable electronic formats include the display of electronic images on a cellular phone or any other type of portable electronic device.
(2) It is unlawful for any person to operate or be in possession of a vehicle without carrying a registration certificate for the vehicle. Any person in charge of a vehicle shall, upon demand of any of the local authorities or of any police officer or of any representative of the department, permit an inspection of the vehicle registration certificate. This section does not apply to a vehicle for which registration is not required to be renewed annually and is a publicly owned vehicle marked as required under RCW 46.08.065.
(3) Beginning January 1, 2023, paper issued registrations [registration] certificates for vehicles or trailers must be printed to allow for the manual removal of a registrant's address, by the named registered owner, without compromising any required information on the certificate.
[ 2022 c 36 s 2; 2013 c 157 s 3; 2010 c 161 s 432; 2010 c 8 s 9014; 1986 c 18 s 16; 1979 ex.s. c 113 s 3; 1969 ex.s. c 170 s 11; 1967 c 32 s 19; 1961 c 12 s 46.16.260. Prior: 1955 c 384 s 18; 1937 c 188 s 8; RRS s 6312-8. Formerly RCW 46.16.260. ]
NOTES:
Finding—2022 c 36: "(1) The legislature finds that printing addresses on vehicle registrations provides an opportunity for thieves that break into vehicles to use the information for nefarious purposes that can be avoided if the address is not printed on the vehicle registration certificate.
(2) Furthermore, law enforcement agencies have access to databases that include the vehicle registrant's address so such information does not need to be printed on paper vehicle registration certificates.
(3) In order to reduce criminal opportunities, the legislature directs the department of licensing to print addresses on vehicle, trailer, and vessel registration certificates in a location that facilitates the removal of the address." [ 2022 c 36 s 1.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The registration certificate for a commercial vehicle must include a statement that the owner or person operating a commercial vehicle must be in compliance with the requirements of the United States department of transportation federal motor carrier safety regulations contained in 49 C.F.R. Part 382.
[ 2010 c 161 s 434. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
A registered owner or the registered owner's authorized representative shall promptly apply for a duplicate registration certificate if the person is applying for a replacement license tab or windshield emblem or a registration certificate is lost, stolen, mutilated, or destroyed, or becomes illegible. The application for a duplicate registration certificate must include information required by the department and be accompanied by the fee required in RCW 46.17.320. The duplicate registration certificate must contain the word, "duplicate."
A person recovering a registration certificate for which a duplicate has been issued shall promptly return the recovered registration certificate to the department.
[ 2017 c 147 s 5; 2010 c 161 s 433; 1997 c 241 s 6. Formerly RCW 46.16.265. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Design. All license plates may be obtained by the director from the metal working plant of a state correctional facility or from any source in accordance with existing state of Washington purchasing procedures. License plates:
(a) May vary in background, color, and design;
(b) Must be legible and clearly identifiable as a Washington state license plate;
(c) Must designate the name of the state of Washington without abbreviation;
(d) Must be treated with fully reflectorized materials designed to increase visibility and legibility at night;
(e) Must be of a size and color and show the registration period as determined by the director; and
(f) Before July 1, 2010, may display a symbol or artwork approved by the former special license plate review board and the legislature. Beginning July 1, 2010, special license plate series approved by the department and enacted into law by the legislature may display a symbol or artwork approved by the department.
(2) Exceptions to reflectorized materials. License plates issued before January 1, 1968, are not required to be treated with reflectorized materials.
(3) Dealer license plates. License plates issued to a dealer must contain an indication that the license plates have been issued to a vehicle dealer.
(4)(a) Furnished. The director shall furnish to all persons making satisfactory application for a vehicle registration:
(i) Two identical license plates each containing the license plate number; or
(ii) One license plate if the vehicle is a trailer, semitrailer, camper, moped, collector vehicle, horseless carriage, or motorcycle.
(b) The director may adopt types of license plates to be used as long as the license plates are legible.
(5)(a) Display. License plates must be:
(i) Attached conspicuously at the front and rear of each vehicle if two license plates have been issued;
(ii) Attached to the rear of the vehicle if one license plate has been issued;
(iii) Except as provided in subsection (7)(c)(ii) of this section, kept clean and uncovered and be able to be plainly seen and read at all times unless an exception in (b) of this subsection applies; and
(iv) Attached in a horizontal position at a distance of not more than four feet from the ground.
(b)(i) The Washington state patrol may grant exceptions to this subsection if the body construction of the vehicle makes compliance with this section impossible.
(ii) If the applicable requirements of (b)(iii) of this subsection are met, the display of a single license plate properly attached to a vehicle that has two license plates properly attached in accordance with (a)(i) of this subsection may be temporarily obstructed by one or more of the following devices or by the cargo the device is carrying:
(A) A trailer hitch;
(B) A wheelchair lift or wheelchair carrier;
(C) A trailer being towed by the vehicle, provided the trailer meets any applicable trailer license plate requirements under this chapter; or
(D) A bicycle rack, ski rack, or luggage rack.
(iii) The obstruction of a single license plate under (b)(ii) or (b)(iv) of this subsection is only authorized if the following requirements are met:
(A) The device is installed according to manufacturer specifications or generally accepted installation practices; and
(B) The device or cargo the device is carrying does not prevent the license plate from being read from one or more accessible viewing angles when the vehicle is parked, except if the device is a trailer that meets the trailer license plate requirements under this chapter.
(iv) If the applicable requirements of (b)(iii) of this subsection are met, the display of a single license plate attached to a trailer in accordance with (a)(ii) of this subsection and meeting any applicable trailer license plate requirements under this chapter may be obstructed by a device for transporting a forklift used for product delivery purposes. For purposes of license plate visibility, the single trailer license plate obstructed by a device for carrying a forklift may be relocated on the trailer or the towing vehicle to a position that is more than four feet from the ground.
(6) Change of license classification. A person who has altered a vehicle that makes the current license plate or plates invalid for the vehicle's use shall:
(a) Surrender the current license plate or plates to the department, county auditor or other agent, or subagent appointed by the director;
(b) Apply for a new license plate or plates; and
(c) Pay a change of classification fee required under RCW 46.17.310.
(7) Unlawful acts. It is unlawful to:
(a) Display a license plate or plates on the front or rear of any vehicle that were not issued by the director for the vehicle;
(b) Display a license plate or plates on any vehicle that have been changed, altered, or disfigured, or have become illegible;
(c)(i) Except as provided in (c)(ii) of this subsection, use license plate holders, frames, covers, or other materials that conceal, obstruct, distort, change, alter, or make a license plate or plates illegible;
(ii) License plate frames may be used on license plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the license plates can be plainly seen and read at all times;
(d) Operate a vehicle unless a valid license plate or plates are attached as required under this section;
(e) Transfer a license plate or plates issued under this chapter between two or more vehicles without first making application to transfer the license plates. A violation of this subsection (7)(e) is a traffic infraction subject to a fine not to exceed $500. Any law enforcement agency that determines that a license plate or plates have been transferred between two or more vehicles shall confiscate the license plate or plates and return them to the department for nullification along with full details of the reasons for confiscation. Each vehicle identified in the transfer will be issued a new license plate or plates upon application by the owner or owners and the payment of full fees and taxes; or
(f) Fail, neglect, or refuse to endorse the registration certificate, except as authorized under this section.
(8) Transfer. (a) Standard issue license plates must be replaced when ownership of the vehicle changes, pursuant to subsection (9)(a)(i) of this section, but the registered owner may retain the license plates and transfer them to a replacement vehicle of the same use. In addition to all other taxes and fees due upon change in ownership, a registered owner wishing to keep standard issue license plates shall pay the license plate transfer fee required under RCW 46.17.200(1)(c) when applying for license plate transfer.
(b) Special license plates and personalized license plates may be treated in the same manner as described in (a) of this subsection unless otherwise limited by law.
(c) License plates issued to the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law may be treated in the same manner as described in (a) of this subsection.
(d) License plate replacement is not required when a change in vehicle ownership is the result of one or more of the following circumstances:
(i) When adding a lienholder to the certificate of title or removing a lienholder from the certificate of title;
(ii) When a vehicle is transferred from one spouse or registered domestic partner to another;
(iii) When removing a deceased spouse or registered domestic partner from the certificate of title;
(iv) When a vehicle is transferred by gift or inheritance to one or more members of the registered owner's immediate family;
(v) When a vehicle is transferred into or out of a trust in which the registered owner or one or more immediate family members of the registered owner is the beneficiary;
(vi) When a leaseholder buys out the leased vehicle; or
(vii) When a person changes his or her name.
(9) Replacement. (a) Except as provided in subsection (8)(a) of this section, an owner or the owner's authorized representative must apply for a replacement license plate or plates: (i) When taking ownership of the vehicle; (ii) if the current license plate or plates assigned to the vehicle have been lost, defaced, or destroyed; or (iii) if one or both plates have become so illegible or are in such a condition as to be difficult to distinguish. An owner or the owner's authorized representative may apply for a replacement license plate or plates at any time the owner chooses. The department shall offer to owners the option of retaining the current license plate number when obtaining replacement license plates for the fee required in RCW 46.17.200(1)(b).
(b) The application for a replacement license plate or plates must:
(i) Be on a form furnished or approved by the director; and
(ii) Be accompanied by the fee required under RCW 46.17.200(1)(a).
(c) When a vehicle is sold to a vehicle dealer for resale, the application for a replacement plate or plates need not be made until the vehicle is sold by the vehicle dealer.
(d) The department shall not require the payment of any fee to replace a license plate or plates for vehicles owned, rented, or leased by foreign countries or international bodies to which the United States government is a signatory by treaty.
(10) Replacement—Exceptions. The following license plates are not required to be replaced as required in subsection (9) of this section:
(a) Horseless carriage license plates issued under RCW 46.18.255 before January 1, 1987;
(b) Medal of Honor license plates issued under RCW 46.18.230;
(c) License plates for commercial motor vehicles with a gross weight greater than 26,000 pounds.
(11) Rules. The department may adopt rules to implement this section.
(12) Tabs or emblems. The director may issue tabs or emblems to be attached to license plates or elsewhere on the vehicle to signify initial registration and renewals. Renewals become effective when tabs or emblems have been issued and properly displayed.
[ 2024 c 84 s 1; 2022 c 130 s 1. Prior: 2014 c 181 s 2; 2014 c 80 s 1; 2011 c 171 s 46; 2010 c 161 s 422. ]
NOTES:
Application—2014 c 80: "This act applies to vehicle registrations that are due or become due on or after January 1, 2015." [ 2014 c 80 s 7.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
PDFRCW 46.16A.200
License plates. (Effective January 1, 2027.)
(1) Design. All license plates may be obtained by the director from the metal working plant of a state correctional facility or from any source in accordance with existing state of Washington purchasing procedures. License plates:
(a) May vary in background, color, and design;
(b) Must be legible and clearly identifiable as a Washington state license plate;
(c) Must designate the name of the state of Washington without abbreviation;
(d) Must be treated with fully reflectorized materials designed to increase visibility and legibility at night;
(e) Must be of a size and color and show the registration period as determined by the director; and
(f) Before July 1, 2010, may display a symbol or artwork approved by the former special license plate review board and the legislature. Beginning July 1, 2010, special license plate series approved by the department and enacted into law by the legislature may display a symbol or artwork approved by the department.
(2) Exceptions to reflectorized materials. License plates issued before January 1, 1968, are not required to be treated with reflectorized materials.
(3) Dealer license plates. License plates issued to a dealer must contain an indication that the license plates have been issued to a vehicle dealer.
(4)(a) Furnished. The director shall furnish to all persons making satisfactory application for a vehicle registration:
(i) Two identical license plates each containing the license plate number; or
(ii) One license plate if the vehicle is a trailer, semitrailer, camper, moped, collector vehicle, horseless carriage, or motorcycle.
(b) The director may adopt types of license plates to be used as long as the license plates are legible.
(5)(a) Display. License plates must be:
(i) Attached conspicuously at the front and rear of each vehicle if two license plates have been issued;
(ii) Attached to the rear of the vehicle if one license plate has been issued;
(iii) Except as provided in subsection (7)(c)(ii) of this section, kept clean and uncovered and be able to be plainly seen and read at all times unless an exception in (b) of this subsection applies; and
(iv) Attached in a horizontal position at a distance of not more than four feet from the ground.
(b)(i) The Washington state patrol may grant exceptions to this subsection if the body construction of the vehicle makes compliance with this section impossible.
(ii) If the applicable requirements of (b)(iii) of this subsection are met, the display of a single license plate properly attached to a vehicle that has two license plates properly attached in accordance with (a)(i) of this subsection may be temporarily obstructed by one or more of the following devices or by the cargo the device is carrying:
(A) A trailer hitch;
(B) A wheelchair lift or wheelchair carrier;
(C) A trailer being towed by the vehicle, provided the trailer meets any applicable trailer license plate requirements under this chapter; or
(D) A bicycle rack, ski rack, or luggage rack.
(iii) The obstruction of a single license plate under (b)(ii) or (b)(iv) of this subsection is only authorized if the following requirements are met:
(A) The device is installed according to manufacturer specifications or generally accepted installation practices; and
(B) The device or cargo the device is carrying does not prevent the license plate from being read from one or more accessible viewing angles when the vehicle is parked, except if the device is a trailer that meets the trailer license plate requirements under this chapter.
(iv) If the applicable requirements of (b)(iii) of this subsection are met, the display of a single license plate attached to a trailer in accordance with (a)(ii) of this subsection and meeting any applicable trailer license plate requirements under this chapter may be obstructed by a device for transporting a forklift used for product delivery purposes. For purposes of license plate visibility, the single trailer license plate obstructed by a device for carrying a forklift may be relocated on the trailer or the towing vehicle to a position that is more than four feet from the ground.
(6) Change of license classification. A person who has altered a vehicle that makes the current license plate or plates invalid for the vehicle's use shall:
(a) Surrender the current license plate or plates to the department, county auditor or other agent, or subagent appointed by the director;
(b) Apply for a new license plate or plates; and
(c) Pay a change of classification fee required under RCW 46.17.310.
(7) Unlawful acts. It is unlawful to:
(a) Display a license plate or plates on the front or rear of any vehicle that were not issued by the director for the vehicle;
(b) Display a license plate or plates on any vehicle that have been changed, altered, or disfigured, or have become illegible;
(c)(i) Except as provided in (c)(ii) of this subsection, use license plate holders, frames, covers, or other materials that conceal, obstruct, distort, change, alter, or make a license plate or plates illegible;
(ii) License plate frames may be used on license plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the license plates can be plainly seen and read at all times;
(d) Operate a vehicle unless a valid license plate or plates are attached as required under this section;
(e) Transfer a license plate or plates issued under this chapter between two or more vehicles without first making application to transfer the license plates. A violation of this subsection (7)(e) is a traffic infraction subject to a fine not to exceed $500. Any law enforcement agency that determines that a license plate or plates have been transferred between two or more vehicles shall confiscate the license plate or plates and return them to the department for nullification along with full details of the reasons for confiscation. Each vehicle identified in the transfer will be issued a new license plate or plates upon application by the owner or owners and the payment of full fees and taxes; or
(f) Fail, neglect, or refuse to endorse the registration certificate, except as authorized under this section.
(8) Transfer. (a) Standard issue license plates must be replaced when ownership of the vehicle changes, pursuant to subsection (9)(a)(i) of this section, but the registered owner may retain the license plates and transfer them to a replacement vehicle of the same use. In addition to all other taxes and fees due upon change in ownership, a registered owner wishing to keep standard issue license plates shall pay the license plate transfer fee required under RCW 46.17.200(1)(c) when applying for license plate transfer.
(b) Special license plates and personalized license plates may be treated in the same manner as described in (a) of this subsection unless otherwise limited by law.
(c) License plates issued to the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law may be treated in the same manner as described in (a) of this subsection.
(d) License plate replacement is not required when a change in vehicle ownership is the result of one or more of the following circumstances:
(i) When adding a lienholder to the certificate of title or removing a lienholder from the certificate of title;
(ii) When a vehicle is transferred from one spouse or registered domestic partner to another;
(iii) When removing a deceased spouse or registered domestic partner from the certificate of title;
(iv) When a vehicle is transferred by gift or inheritance to one or more members of the registered owner's immediate family;
(v) When a vehicle is transferred into or out of a trust in which the registered owner or one or more immediate family members of the registered owner is the beneficiary;
(vi) When a leaseholder buys out the leased vehicle; or
(vii) When a person changes his or her name.
(9) Replacement. (a) Except as provided in subsection (8)(a) of this section, an owner or the owner's authorized representative must apply for a replacement license plate or plates: (i) When taking ownership of the vehicle; (ii) if the current license plate or plates assigned to the vehicle have been lost, defaced, or destroyed; or (iii) if one or both plates have become so illegible or are in such a condition as to be difficult to distinguish. An owner or the owner's authorized representative may apply for a replacement license plate or plates at any time the owner chooses. The department shall offer to owners the option of retaining the current license plate number when obtaining replacement license plates for the fee required in RCW 46.17.200(1)(b).
(b) The application for a replacement license plate or plates must:
(i) Be on a form furnished or approved by the director; and
(ii) Be accompanied by the fee required under RCW 46.17.200(1)(a), unless the license plate for which a replacement is sought is defective and qualifies for a replacement plate to be issued free of charge or at a reduced fee pursuant to RCW 46.17.260.
(c) When a vehicle is sold to a vehicle dealer for resale, the application for a replacement plate or plates need not be made until the vehicle is sold by the vehicle dealer.
(d) The department shall not require the payment of any fee to replace a license plate or plates for vehicles owned, rented, or leased by foreign countries or international bodies to which the United States government is a signatory by treaty.
(10) Replacement—Exceptions. The following license plates are not required to be replaced as required in subsection (9) of this section:
(a) Horseless carriage license plates issued under RCW 46.18.255 before January 1, 1987;
(b) Medal of Honor license plates issued under RCW 46.18.230;
(c) License plates for commercial motor vehicles with a gross weight greater than 26,000 pounds.
(11) Rules. The department may adopt rules to implement this section.
(12) Tabs or emblems. The director may issue tabs or emblems to be attached to license plates or elsewhere on the vehicle to signify initial registration and renewals. Renewals become effective when tabs or emblems have been issued and properly displayed.
[ 2026 c 172 s 3; 2024 c 84 s 1; 2022 c 130 s 1. Prior: 2014 c 181 s 2; 2014 c 80 s 1; 2011 c 171 s 46; 2010 c 161 s 422.]
Intent—Effective date—2026 c 172: See notes following RCW 46.17.260.
Application—2014 c 80: "This act applies to vehicle registrations that are due or become due on or after January 1, 2015." [ 2014 c 80 s 7.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
License plate emblems and veteran remembrance emblems must use fully reflectorized materials designed to provide visibility at night. Emblems must be designed to be affixed to a license plate by pressure-sensitive adhesive so as not to obscure the plate identification numbers or letters.
Emblems must be issued for display on the front and rear license plates. Single emblems must be issued for vehicles authorized to display one license plate.
[ 2011 c 171 s 47; 1990 c 250 s 8. Formerly RCW 46.16.327. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1990 c 250 ss 1-13: See note following RCW 10.05.060.
(1) The director may adopt fees to be charged by the department for emblems issued by the department under RCW 46.18.295.
(2) The fee for each remembrance emblem and military service award emblem issued under RCW 46.18.295 shall be in an amount sufficient to offset the costs of production of remembrance emblems and military service award emblems and the administration of that program by the department plus an amount for use by the department of veterans affairs, not to exceed a total fee of twenty-five dollars per emblem.
(3) The veterans' emblem account is created in the custody of the state treasurer. All receipts by the department from the issuance of remembrance emblems and military service award emblems under RCW 46.18.295 shall be deposited into this fund. Expenditures from the fund may be used only for the costs of production of remembrance emblems and military service award emblems and administration of the program by the department of licensing, with the balance used only by the department of veterans affairs for projects that pay tribute to those living veterans and to those who have died defending freedom in our nation's wars and conflicts and for the upkeep and operations of existing memorials, as well as for planning, acquiring land for, and constructing future memorials. Only the director of licensing, the director of veterans affairs, or their designees may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
[ 2012 c 69 s 2; 2011 c 171 s 48; 1994 c 194 s 5; 1990 c 250 s 9. Formerly RCW 46.16.332. ]
NOTES:
Effective date—2012 c 69: See note following RCW 46.18.295.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1990 c 250 ss 1-13: See note following RCW 10.05.060.
The director may make and enforce rules to implement this chapter.
[ 1986 c 30 s 4. Formerly RCW 46.16.276. ]
(1) The governor may enter into compacts with federally recognized Indian tribes principally located within this state concerning the licensing and registration of tribal government and tribal member-owned vehicles with tribal license plates issued by the department.
(2) Each compact entered into under this section must contain the following provisions:
(a) The design of a tribal license plate shall be determined by the compacting tribe, except that the design must be readable by toll collection facilities and configured in a manner allowing for electronic distribution through state and national law enforcement databases;
(b) Tribal license plate recipients must pay all applicable taxes, fees, and vehicle tolls, except that the compacting tribe may pay these expenses on behalf of its enrolled members as provided in the compact;
(c) That the eligibility for a tribal license plate is limited to tribal governments and enrolled members of the compacting tribe who reside in the state, and that the compact may address additional requirements;
(d) Information regarding a vehicle that has been issued a tribal license plate, including vehicle description and ownership information, be maintained in the department's recordkeeping systems.
(3) Each compact must also address the following subjects:
(a) The department's administrative costs for issuing tribal license plates and maintaining information regarding vehicles that have been issued tribal license plates;
(b) Information sharing between the department and the compacting tribe;
(c) The process for applying for and receiving tribal license plates; and
(d) Dispute resolution, including the use of mediation or other nonjudicial process.
(4) The governor may delegate the power to negotiate compacts under this section to the department.
[ 2020 c 118 s 1. ]
(1) The department may authorize vehicle dealers properly licensed under chapters 46.09, 46.10, and 46.70 RCW to issue temporary license plates as described in RCW 46.16A.305 to operate vehicles under rules adopted by the department.
(2) The department, county auditor or other agent, or subagent appointed by the director shall collect the fee required under RCW 46.17.400(1)(a) for each temporary license plate application sold to an authorized vehicle dealer.
(3) The payment of vehicle license fees to an authorized dealer is considered payment to the state of Washington.
(4) The department shall provide access to a secure system that allows temporary license plates issued by vehicle dealers properly licensed under chapters 46.09, 46.10, and 46.70 RCW to be generated and printed on demand. By July 1, 2023, all such plates must be generated using the designated system.
[ 2022 c 132 s 4; 2010 c 161 s 415; 2008 c 51 s 1; 2007 c 155 s 1; 1990 c 198 s 1; 1973 1st ex.s. c 132 s 23; 1961 c 12 s 46.16.045. Prior: 1959 c 66 s 1. Formerly RCW 46.16.045. ]
NOTES:
Effective date—2022 c 132: See note following RCW 46.04.2701.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2007 c 155: "This act takes effect August 1, 2007." [ 2007 c 155 s 3.]
(1) The department, county auditor or other agent, or subagent appointed by the director may grant a temporary license plate to operate a vehicle for which an application for registration has been made. The application for a temporary license plate must be made by the owner or the owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished by the department and must contain:
(a) A full description of the vehicle, including its make, model, vehicle identification number, and type of body;
(b) The name and address of the applicant;
(c) The date of application; and
(d) Other information that the department may require.
(2) Temporary license plates must:
(a) Be consecutively numbered;
(b) Be displayed as described for permanent license plates in RCW 46.16A.200(5)(a);
(c) Be composed of material that must be durable and remain unaltered in field conditions for a minimum of four months; and
(d) Remain on the vehicle only until the receipt of permanent license plates.
(3) The application must be accompanied by the fee required under RCW 46.17.400(1)(b).
(4) Pursuant to subsection (2) of this section, the department may adopt rules for the design and display of temporary license plates.
(5) By December 1, 2025, the department must adopt rules implementing contingency extensions of the expiration date for department temporary license plates in cases of shortages of permanent license plates. The rules must prioritize reducing customer return trips for department temporary license plates, and include a communication plan with state and local law enforcement agencies regarding the implementation of the contingency extensions.
[ 2025 c 417 s 1302; 2022 c 132 s 5. Prior: 2010 c 161 s 416; 2010 c 8 s 9011; 1961 c 12 s 46.16.047; prior: 1959 c 66 s 2. Formerly RCW 46.16.047. ]
NOTES:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Effective date—2022 c 132: See note following RCW 46.04.2701.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1)(a) A vehicle owner may operate an unregistered vehicle on public highways under the authority of a trip permit issued by this state. For purposes of trip permits, a vehicle is considered unregistered if:
(i) Under reciprocal relations with another jurisdiction, the owner would be required to register the vehicle in this state;
(ii) Not registered when registration is required under this chapter;
(iii) The license tabs have expired; or
(iv) The current gross weight license is insufficient for the load being carried. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles or forty thousand pounds for a single unit vehicle with three or more axles.
(b) Trip permits are required to move mobile homes or park model trailers and may only be issued if property taxes are paid in full.
(2) Trip permits may not be:
(a) Issued to vehicles registered under RCW 46.16A.455(5) in lieu of further registration within the same registration year; or
(b) Used for commercial motor vehicles owned by a motor carrier subject to RCW 46.32.080 if the motor carrier's department of transportation number has been placed out of service by the Washington state patrol. A violation of or a failure to comply with this subsection is a gross misdemeanor, subject to a minimum monetary penalty of two thousand five hundred dollars for the first violation and five thousand dollars for each subsequent violation.
(3)(a) Each trip permit authorizes the operation of a single vehicle at the maximum legal weight limit for the vehicle for a period of three consecutive days beginning with the day of first use. No more than three trip permits may be used for any one vehicle in any thirty consecutive day period. No more than two trip permits may be used for any one recreational vehicle, as defined in RCW 43.22.335, in a one-year period. Every trip permit must:
(i) Identify the vehicle for which it is issued;
(ii) Be completed in its entirety;
(iii) Be signed by the operator before operation of the vehicle on the public highways of this state;
(iv) Not be altered or corrected. Altering or correcting data on the trip permit invalidates the trip permit; and
(v) Be displayed on the vehicle for which it is issued as required by the department.
(b) Vehicles operating under the authority of trip permits are subject to all laws, rules, and regulations affecting the operation of similar vehicles in this state.
(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of each permit for four years.
(5) Trip permits may be obtained from field offices of the department of transportation, department of licensing, county auditors or other agents, and subagents appointed by the department for the fee provided in RCW 46.17.400(1)(h). Exchanges, credits, or refunds may not be given for trip permits after they have been purchased.
(6) Except as provided in subsection (2)(b) of this section, a violation of or a failure to comply with this section is a gross misdemeanor.
(7) The department may adopt rules necessary to administer this section.
[ 2012 c 74 s 15; 2010 c 161 s 425; 2007 c 419 s 6. Prior: 2002 c 352 s 8; 2002 c 168 s 5; 1999 c 270 s 1; 1996 c 184 s 2; 1993 c 102 s 2; 1987 c 244 s 6; 1981 c 318 s 1; 1977 ex.s. c 22 s 5; 1975-'76 2nd ex.s. c 64 s 6; 1969 ex.s. c 170 s 8; 1961 c 306 s 1; 1961 c 12 s 46.16.160; prior: 1957 c 273 s 3; 1955 c 384 s 17; 1949 c 174 s 1; 1947 c 176 s 1; 1937 c 188 s 24; Rem. Supp. 1949 s 6312-24. Formerly RCW 46.16.160. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1996 c 184: See note following RCW 46.16A.030.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
(1) The owner of a farm vehicle registered under RCW 46.16A.425 purchasing a monthly registration under RCW 46.16A.455(5) may operate the farm vehicle under the authority of a farm vehicle trip permit if:
(a) There is less than one full month remaining in the first month of the registration; or
(b) A previously issued monthly registration has expired.
(2) A vehicle operating under the authority of a farm vehicle trip permit is subject to all laws and rules affecting the operation of similar vehicles in this state. The licensed gross weight of a vehicle operating under a farm vehicle trip permit may not exceed eighty thousand pounds for a combination of vehicles or forty thousand pounds for a single unit vehicle with three or more axles.
(3) Each farm vehicle trip permit authorizes the operation of a single vehicle at the maximum legal weight limit for the vehicle for thirty days, beginning with the day of first use. No more than four farm vehicle trip permits may be used for any one vehicle in any twelve-month period. Every farm vehicle trip permit must:
(a) Identify the vehicle for which it is issued;
(b) Be completed in its entirety;
(c) Be signed by the operator before operation of the vehicle on the public highways of this state;
(d) Not be altered or corrected. Altering or correcting data on the farm vehicle trip permit invalidates the permit; and
(e) Be displayed on the vehicle to which it is issued as required by the department.
(4) Farm vehicle trip permits may be obtained from the department, county auditors or other agents, or subagents appointed by the director for the fee provided in RCW 46.17.400(1)(c). Exchanges, credits, or refunds may not be given for farm vehicle trip permits after they have been purchased.
(5) The department may adopt rules as it deems necessary to administer this section.
[ 2010 c 161 s 426; 2009 c 452 s 1; 2006 c 337 s 3; 2005 c 314 s 206. Formerly RCW 46.16.162. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2005 c 314 ss 110 and 201-206: See note following RCW 46.68.035.
Application—2005 c 314 ss 201-206, 301, and 302: See note following RCW 46.68.035.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
(1) A nonresident member of the armed forces of the United States may apply to the department, county auditor or other agent, or subagent appointed by the director for a temporary permit for a recently purchased motor vehicle. The permit:
(a) Allows the motor vehicle to be used in Washington state while the owner applies for out-of-state registration;
(b) Is valid for forty-five days; and
(c) Must be carried on the motor vehicle so that it is clearly visible from outside of the motor vehicle.
(2) A person applying for the forty-five day permit provided in subsection (1) of this section is not subject to sales and use taxes or motor vehicle excise taxes during or after the forty-five day period of the permit unless the motor vehicle is:
(a) Still in Washington state after the forty-five day period of the permit; or
(b) Returned to Washington state within one year after the forty-five day permit has expired.
(3) The department, county auditor or other agent, or subagent appointed by the director shall collect the fee required under RCW 46.17.400(1)(d) when issuing the forty-five day permit described in this section.
(4) The department shall adopt rules to implement this section. Those rules may require proof that the nonresident member of the armed forces of the United States qualifies for the forty-five day permit before the permit may be issued.
[ 2010 c 161 s 435; 1979 c 158 s 141; 1967 c 202 s 4. Formerly RCW 46.16.460. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department may issue a temporary letter of authority authorizing the movement of an unregistered vehicle or the temporary use of a special plate for the purpose of promoting or participating in an event such as a parade, pageant, fair, convention, or other special community activity. The letter of authority may not be issued to or used by anyone for personal gain, but public identification of the sponsor or owner of the donated vehicle shall not be considered to be personal gain.
[ 2010 c 161 s 417; 1977 c 25 s 2. Formerly RCW 46.16.048. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The owner of a commercial vehicle properly registered in another state may apply to the department, county auditor or other agent, or subagent appointed by the director for an out-of-state commercial vehicle intrastate permit when operating the commercial vehicle in Washington state for periods less than one year. The permit may be issued for a thirty, sixty, or ninety-day period. For each thirty-day period, the cost of each permit is one-twelfth of the fees required under chapter 82.44 RCW if the vehicle is subject to locally imposed motor vehicle excise taxes and (1) under RCW 46.17.355(1) if the vehicle is a motor vehicle or (2) under RCW 46.17.350(1)(c) if the vehicle is a commercial trailer.
[ 2010 c 161 s 427. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
This chapter applies to the following:
(1) Campers are considered vehicles for the purposes of vehicle registration and license plate display, except for campers held as part of a manufacturer's or dealer's inventory that:
(a) Are unoccupied at all times;
(b) Have been issued a dated demonstration permit that is valid for no more than seventy-two hours. The permit must be carried in the vehicle on which the camper is mounted; and
(c) Are mounted on a properly registered vehicle.
(2) Mopeds are considered vehicles for the purposes of vehicle registration and license plate display. The department, county auditor or other agent, or subagent appointed by the director shall charge the fee required under RCW 46.17.200(1)(a) when issuing an original moped license plate. Mopeds are exempt from personal property taxes and vehicle excise taxes imposed under chapter 82.44 RCW.
(3) Wheelchair conveyances are considered vehicles for the purposes of vehicle registration and license plate display. Wheelchair conveyances that do not meet braking equipment requirements described in RCW 46.37.340 must be registered as mopeds.
[ 2011 c 171 s 49; 2010 c 161 s 437. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall refuse to register a commercial motor vehicle that is owned by a motor carrier subject to RCW 46.32.080, 46.87.294, and 46.87.296 upon notification to the department by the Washington state patrol or the federal motor carrier safety administration that an out-of-service order has been placed on the department of transportation number issued to the motor carrier.
(2) The department shall revoke the vehicle registration of all commercial motor vehicles that are owned by a motor carrier subject to RCW 46.32.080, upon notification to the department by the Washington state patrol or the federal motor carrier safety administration that an out-of-service order has been placed on the department of transportation number issued to the motor carrier. The revocation must remain in effect until the department has been notified by the Washington state patrol that the out-of-service order has been rescinded.
(3) Except as provided in subsections (4) and (5) of this section, by June 30, 2009, any original or renewal application for registration of a commercial motor vehicle that is owned by a motor carrier subject to RCW 46.32.080 that is submitted to the department must be accompanied by:
(a) The department of transportation number issued to the motor carrier; and
(b) The federal taxpayer identification number of the motor carrier.
(4) By June 30, 2010, the requirements of subsection (3) of this section apply to any original or renewal application that is submitted to the department for registration of a commercial motor vehicle that is to be operated by an entity with authority under chapter 81.66, 81.68, 81.70, or 81.77 RCW, or by a household goods carrier with authority under chapter 81.80 RCW.
(5) By June 30, 2012, the requirements of subsection (3) of this section apply to any original or renewal application that is submitted to the department for registration of a commercial motor vehicle that is owned by a motor carrier subject to RCW 46.32.080, and that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.
[ 2009 c 46 s 5; 2007 c 419 s 5. Formerly RCW 46.16.615. ]
NOTES:
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
(1) A farmer shall apply to the department, county auditor or other agent, or subagent appointed by the director for a farm exempt decal for a farm vehicle if the farm vehicle is exempt under RCW 46.16A.080(3). The farm exempt decal:
(a) Allows the farm vehicle to be operated on public highways as identified under RCW 46.16A.080(3);
(b) Must be displayed on the farm vehicle so that it is clearly visible from outside of the farm vehicle;
(c) Must identify that the farm vehicle is exempt from the registration requirements of this chapter; and
(d) Must be visible from the rear of the farm vehicle. This requirement for a farm exempt decal to be visible from the rear of the vehicle applies only to farm exempt decals issued after July 28, 2013.
(2) A farmer or the farmer's representative must apply for a farm exempt decal on a form furnished or approved by the department. The application must show:
(a) The name and address of the person who is the owner of the vehicle;
(b) A full description of the vehicle, including its make, model, year, the motor number or the vehicle identification number if the vehicle is a motor vehicle, or the serial number if the vehicle is a trailer;
(c) The purpose for which the vehicle is principally used;
(d) The place where the farm vehicle is principally used or garaged; and
(e) Other information as required by the department upon application.
(3) The department, county auditor or other agent, or subagent appointed by the director shall collect the fee required under RCW 46.17.325 when issuing a farm exempt decal.
(4) A farm exempt decal may not be renewed. The status as an exempt vehicle continues until suspended or revoked for misuse, or when the vehicle is no longer used as a farm vehicle.
(5) The department may adopt rules to implement this section.
[ 2013 c 299 s 1. Prior: 2010 c 161 s 409; 2010 c 8 s 9010; 1979 c 158 s 139; 1967 c 202 s 3. Formerly RCW 46.16.025. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Motor trucks, truck tractors, and tractors owned and operated by farmers may receive a reduction in gross weight license fees as described in RCW 46.17.330 only if the vehicle is used exclusively to transport:
(a) The farmer's own farm, orchard, dairy, or private sector cultured aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse. Fish other than private sector cultured aquatic products or forestry products are not considered farm products;
(b) Supplies used on the farmer's farm; or
(c) Products owned by the farm as listed in (a) of this subsection for another farmer in the neighborhood on a seasonal or infrequent basis. This may only be for compensation other than money.
(2) Farm vehicles that meet the requirements provided in subsection (1)(a) through (c) of this section may receive a reduction in gross weight license fees if the farm is exempt from property taxes under RCW 84.36.630. The reduction is the reduced gross weight license fee provided in RCW 46.17.330. To qualify for the additional gross weight license fee reduction, the farmer must submit copies of the forms as required under RCW 84.36.630.
(3) An additional eight thousand pounds gross weight within the legal limits on farm vehicles may be used if the farmer is transporting the farmer's own farm machinery between the farmer's own farm or farms and for a distance of not more than thirty-five miles.
(4) The application for a reduced gross weight license fee must be made by the farmer or the farmer's authorized representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain a statement that the vehicle will be used subject to the limitations of this section.
(5) The department, county auditor or other agent, or subagent appointed by the director shall issue a unique series of license tabs for farm vehicles registered under this section. Farm tabs must be placed on all farm vehicles registered under this section to indicate that the vehicle is registered as a farm vehicle. The department may substitute a special license plate for farm vehicles.
(6) It is a traffic infraction to operate a farm vehicle registered under this section on the public highways in violation of the limitations of this section.
[ 2010 c 161 s 423; 1989 c 156 s 3; 1986 c 18 s 10. Prior: 1985 c 457 s 16; 1985 c 380 s 18; 1979 ex.s. c 136 s 45; 1977 c 25 s 1; 1969 ex.s. c 169 s 1; 1961 c 12 s 46.16.090; prior: 1957 c 273 s 13; 1955 c 363 s 6; prior: 1953 c 227 s 1; 1951 c 269 s 12; 1950 ex.s. c 15 s 1, part; 1949 c 220 s 10, part; 1947 c 200 s 15, part; 1941 c 224 s 1, part; 1939 c 182 s 3, part; 1937 c 188 s 17, part; Rem. Supp. 1949 s 6312-17, part; 1931 c 140 s 1, part; 1921 c 96 s 15, part; 1919 c 46 s 1, part; 1917 c 155 s 10, part; 1915 c 142 s 15, part; RRS s 6326, part. Formerly RCW 46.16.090. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Application—1989 c 156: See note following RCW 46.16A.455.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
(1) A trailer in good working order that has a scale weight of two thousand pounds or less and is used only for participation in club activities, exhibitions, tours, and parades, and for occasional pleasure use, is considered an intermittent-use trailer and may be issued a permanent registration. To be eligible to receive a permanent registration, the registered owner of the intermittent-use trailer must:
(a) Apply for a permanent registration with the department, county auditor or other agent, or subagent appointed by the director; and
(b) Pay the fee required under RCW 46.17.345.
(2) A trailer with a permanent registration under this section is exempt from annual registration renewal under RCW 46.16A.110.
(3) The permanent registration under this section expires when the trailer changes ownership, is permanently removed from the state, or is otherwise disposed of.
(4) A person in violation of this section is subject to a traffic infraction with a maximum fine of one hundred fifty dollars including all other applicable assessments and fees.
(5) An intermittent-use trailer:
(a) Must display a standard license plate;
(b) Is not eligible for personalization; and
(c) May not display a special license plate.
(6) In lieu of displaying a standard issue license plate required in subsection (5)(a) of this section, a person applying for a permanent registration under this section may apply to the department to display a license plate that was issued by the department the year that the intermittent-use trailer was manufactured.
(7) For purposes of this section, "occasional pleasure use" means use that is not general or daily, but seasonal or sporadic and not more than once per week on average. "Occasional pleasure use" does not mean (a) being held for rent to the public or (b) use for commercial or business purposes.
(8) The department may adopt rules to implement this section.
[ 2015 c 200 s 1. ]
NOTES:
Effective date—2015 c 200: "This act takes effect January 1, 2017." [ 2015 c 200 s 5.]
(1) The department shall establish a declaration subject to the requirements of chapter 5.50 RCW, which must be submitted by an off-road motorcycle owner when applying for on-road registration of the off-road motorcycle. In order to be registered for on-road use, an off-road motorcycle must travel on two wheels with a seat designed to be straddled by the operator and with handlebar-type steering control.
(2) Registration for on-road use of an off-road motorcycle is prohibited for dune buggies, snowmobiles, trimobiles, mopeds, pocket bikes, motor vehicles registered by the department, side-by-sides, utility vehicles, grey-market vehicles, off-road three-wheeled vehicles, and, as determined by the department, any other vehicles that were not originally certified by the manufacturer for use on public roads.
(3) The declaration must include the following:
(a) Documentation of a safety inspection to be completed by a licensed motorcycle dealer or repair shop in the state of Washington that must outline the vehicle information and certify that all off-road to on-road motorcycle equipment as required under RCW 46.61.705 meets the requirements outlined in state and federal law;
(b) Documentation that the licensed motorcycle dealer or repair shop did not charge more than one hundred dollars per safety inspection and that the entire safety inspection fee is paid directly and only to the licensed motorcycle dealer or repair shop;
(c) A statement that the licensed motorcycle dealer or repair shop is entitled to the full amount charged for the motorcycle safety inspection;
(d) A vehicle identification number verification that must be completed by a licensed motorcycle dealer or repair shop in the state of Washington; and
(e) A release signed by the owner of the off-road motorcycle and verified by the department, county auditor or other agent, or subagent appointed by the director that releases the state from any liability and outlines that the owner understands that the original off-road motorcycle was not manufactured for on-road use and that it has been modified for use on public roads.
(4) The department must track off-road motorcycles in a separate registration category for reporting purposes.
[ 2019 c 232 s 20; 2011 c 121 s 3. ]
NOTES:
Effective date—2011 c 121: See note following RCW 46.04.363.
Private use single-axle trailers of two thousand pounds scale weight or less may qualify for a reduced vehicle license fee described in RCW 46.17.350(1)(k). To qualify for the reduced vehicle license fee:
(1) The trailer must be operated upon public highways;
(2) The vehicle license fee must be collected annually for each registration year or fraction of a registration year; and
(3) The trailer must be operated for personal use of the owner and not held for rental to the public or used in any commercial or business endeavor.
[ 2010 c 161 s 421; 2006 c 337 s 2; 2005 c 314 s 203. Formerly RCW 46.16.086. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2005 c 314 ss 110 and 201-206: See note following RCW 46.68.035.
Application—2005 c 314 ss 201-206, 301, and 302: See note following RCW 46.68.035.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Boat trailer fee: RCW 46.17.305.
A vehicle registration issued to a street rod or custom vehicle under this chapter need not be an initial vehicle registration for that vehicle.
[ 2011 c 114 s 5. ]
NOTES:
Effective date—2011 c 114: See note following RCW 46.04.572.
(1) Trailers that are towed in combination with a truck, motor truck, truck tractor, road tractor, or tractor and used to transport loads in excess of forty thousand pounds combined gross weight may be issued a permanent license plate and registration. The permanent license plate and registration is valid until the trailer is sold, permanently removed from the state, or otherwise disposed of by the registered owner. The owner of the trailer shall:
(a) Apply for the permanent license plate and registration with the department, county auditor or other agent, or subagent;
(b) Pay the combination trailer license plate fee required under RCW 46.17.250 in addition to any other fee or taxes due by law; and
(c) Return the license plate and registration certificate to the department if the trailer is sold, permanently removed from the state, or otherwise disposed of.
(2) The permanent license plate and registration authorized in subsection (1) of this section may not be issued to trailers that haul logs.
(3) A violation of this section or misuse of a permanent license plate may subject the registered owner to prosecution or denial, or both, of future permanent registration of any trailer.
(4) The department may adopt rules to implement this section for leased vehicles and other applications as necessary.
[ 2010 c 161 s 418; 1998 c 321 s 32 (Referendum Bill No. 49, approved November 3, 1998); 1993 c 123 s 4. Formerly RCW 46.16.068. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 ss 23-42: See note following RCW 35.58.410.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
(1) Auto stage, bus, for hire vehicle - more than six seats. The declared gross weight for an auto stage, bus, or for hire vehicle, except taxicabs, with a seating capacity of more than six is determined by:
(a) Multiplying the number of seats, including the driver, times one hundred fifty pounds per seat;
(b) Adding the scale weight to the product derived in (a) of this subsection; and
(c) Locating the sum derived in (b) of this subsection in the registration fee based on declared gross weight table provided in RCW 46.17.355 and rounding up to the next greater weight.
(2) Motor truck, road tractor, truck, truck tractor - sufficient declared gross weight required. The declared gross weight for a motor truck, road tractor, truck, or truck tractor must have a sufficient declared gross weight, as required under chapter 46.44 RCW, to cover:
(a) Its empty scale weight plus the maximum load it will carry; and
(b) The empty scale weight of any trailer it will tow and the maximum load that the trailer will carry. The declared gross weight of the motor vehicle does not need to include the trailer if:
(i) The empty scale weight of the trailer and the maximum load the trailer will carry does not exceed four thousand pounds; or
(ii) The trailer is for personal use, such as a horse trailer, travel trailer, or utility trailer.
(3) Motor truck, road tractor, truck, and truck tractor - exceeding six thousand pounds empty scale weight. Every truck, motor truck, truck tractor, and tractor exceeding six thousand pounds empty scale weight registered under this chapter or chapter 46.87 RCW must be licensed for not less than one hundred fifty percent of its empty weight unless:
(a) The amount would exceed the legal limits described in RCW 46.44.041 or 46.44.042, in which event the vehicle must be licensed for the maximum weight authorized for the vehicle; or
(b) The vehicle is a fixed load vehicle.
(4) Increasing declared gross weight. The following provisions apply when increasing declared gross weight for a motor vehicle licensed under this section:
(a) The declared gross weight must be increased to the end of the current registration year when the declared gross weight remains at 12,000 pounds or less.
(b) For motor vehicles increasing to a declared gross weight of 14,000 pounds or more, the declared gross weight must be increased, at a minimum, to the expiration of the current declared gross weight license.
(c) The new license fee is one-twelfth of the annual license fee listed in RCW 46.17.355 for each of the number of months remaining in the registration period. The department shall:
(i) Apply credit to any gross weight license fees already paid for the full months remaining in the registration period;
(ii) Charge the monthly declared gross weight license fee required under RCW 46.17.360, in addition to any other fees or taxes due; and
(iii) Not apply credit to monthly declared gross weight license fees already used.
(d) (c) of this subsection does not apply to motor vehicles described in (a) of this subsection.
(e) Upon surrender of the current registration certificate or cab card, credit must be applied as described in (c) of this subsection.
(5) Monthly license—Authorized. The annual license fees required in RCW 46.17.355 for any motor vehicle or combination of vehicles having a declared gross weight of twelve thousand one pounds or more may be paid for any full registration month or months at one-twelfth of the annual license fee plus the monthly declared gross weight license fee required in RCW 46.17.360. This sum must be multiplied by the number of full months for which the fees are paid if for less than a full year.
(6) Monthly license—Penalty. Operation of a vehicle registered under subsection (5) of this section by any person upon the public highways after the expiration of the monthly license is a traffic infraction. The person shall pay a license fee for the vehicle involved covering an entire registration year's operation, less the fees for any registration month or months of the registration year already paid. If, within five days, a license fee for a full registration year has not been paid as required, the Washington state patrol, county sheriff, or city police shall impound the vehicle until the fees have been paid.
(7) Camper, school bus—Exemptions. (a) The weight of a camper must not be included when determining declared gross weight.
(b) Motor vehicles used for the transportation of school children or teachers to and from school and other school activities are exempt from subsection (1) of this section and the seating capacity fee provided in RCW 46.17.340. If the motor vehicle is used for any other purpose, it must be appropriately registered as required under this chapter.
(8) Credit for unused license fee. A registered owner of a motor vehicle with a declared gross weight of more than twelve thousand pounds may obtain credit for the unused portion of the license fee paid or transfer the credit to a new owner under the following conditions:
(a) The motor vehicle must have been recently sold or transferred to another owner, is no longer in the possession of the owner, or is reported destroyed under RCW 46.12.600;
(b) The available credit must be fifteen dollars or more;
(c) Credit will be given for any unused months of the declared gross weight license already purchased at the rate of one-twelfth for each full or partial month of registration;
(d) Credit only applies to license fees due under RCW 46.17.355 for the registration year for which it was purchased;
(e) Credit as used in this section may not be refunded.
[ 2011 c 171 s 50; 2010 c 161 s 419; 2005 c 314 s 204. Prior: 2003 c 361 s 201; 2003 c 1 s 3 (Initiative Measure No. 776, approved November 5, 2002); 1994 c 262 s 8; 1993 sp.s. c 23 s 60; prior: 1993 c 123 s 5; 1993 c 102 s 1; 1990 c 42 s 105; 1989 c 156 s 1; prior: 1987 1st ex.s. c 9 s 4; 1987 c 244 s 3; 1986 c 18 s 4; 1985 c 380 s 15; 1975-'76 2nd ex.s. c 64 s 1; 1969 ex.s. c 281 s 54; 1967 ex.s. c 118 s 1; 1967 ex.s. c 83 s 56; 1961 ex.s. c 7 s 11; 1961 c 12 s 46.16.070; prior: 1957 c 273 s 1; 1955 c 363 s 2; prior: 1951 c 269 s 9; 1950 ex.s. c 15 s 1, part; 1939 c 182 s 3, part; 1937 c 188 s 17, part; 1931 c 140 s 1, part; 1921 c 96 s 15, part; 1919 c 46 s 1, part; 1917 c 155 s 10, part; 1915 c 142 s 15, part; Rem. Supp. 1949 s 6312-17, part; RRS s 6326, part. Formerly RCW 46.16.070. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2005 c 314 ss 110 and 201-206: See note following RCW 46.68.035.
Application—2005 c 314 ss 201-206, 301, and 302: See note following RCW 46.68.035.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Application—2003 c 361 s 201: "Section 201 of this act is effective with registrations that are due or will become due August 1, 2003, and thereafter." [ 2003 c 361 s 704.]
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Policies and purposes—2003 c 1 (Initiative Measure No. 776): "This measure would require license tab fees to be $30 per year for motor vehicles and light trucks and would repeal certain government-imposed charges, including excise taxes and fees, levied on motor vehicles. Politicians promised "$30 license tabs are here to stay" and promised any increases in vehicle-related taxes, fees and surcharges would be put to a public vote. Politicians should keep their promises. As long as taxpayers must pay incredibly high sales taxes when buying motor vehicles (meaning state and local governments receive huge windfalls of sales tax revenue from these transactions), the people want license tab fees to not exceed the promised $30 per year. Without this follow-up measure, "tab creep" will continue until license tab fees are once again obscenely expensive, as they were prior to Initiative 695. The people want a public vote on any increases in vehicle-related taxes, fees and surcharges to ensure increased accountability. Voters will require more cost-effective use of existing revenues and fundamental reforms before approving higher charges on motor vehicles (such changes may remove the need for any increases). Also, dramatic changes to transportation plans and programs previously presented to voters must be resubmitted. This measure provides a strong directive to all taxing districts to obtain voter approval before imposing taxes, fees and surcharges on motor vehicles. However, if the legislature ignores this clear message, a referendum will be filed to protect the voters' rights. Politicians should just do the right thing and keep their promises." [ 2003 c 1 s 1 (Initiative Measure No. 776, approved November 5, 2002).]
Construction—2003 c 1 (Initiative Measure No. 776): "The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act." [ 2003 c 1 s 9 (Initiative Measure No. 776, approved November 5, 2002).]
Intent—2003 c 1 (Initiative Measure No. 776): "The people have made clear through the passage of numerous initiatives and referenda that taxes need to be reasonable and tax increases should always be a last resort. However, politicians throughout the state of Washington continue to ignore these repeated mandates.
The people expect politicians to keep their promises. The legislative intent of this measure is to ensure that they do.
Politicians are reminded:
(1) Washington voters want license tab fees to be $30 per year for motor vehicles unless voters authorize higher vehicle-related charges at an election.
(2) All political power is vested in the people, as stated in Article I, section 1 of the Washington state Constitution.
(3) The first power reserved by the people is the initiative, as stated in Article II, section 1 of the Washington state Constitution.
(4) When voters approve initiatives, politicians have a moral, ethical, and constitutional obligation to fully implement them. When politicians ignore this obligation, they corrupt the term "public servant."
(5) Any attempt to violate the clear intent and spirit of this measure undermines the trust of the people in their government and will increase the likelihood of future tax limitation measures." [ 2003 c 1 s 11 (Initiative Measure No. 776, approved November 5, 2002).]
Severability—Savings—2003 c 1 (Initiative Measure No. 776): "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. If the repeal of taxes in section 6 of this act is judicially held to impair any contract in existence as of the effective date of this act, the repeal shall apply to any other contract, including novation, renewal, or refunding (in the case of bond contract)." [ 2003 c 1 s 10 (Initiative Measure No. 776, approved November 5, 2002).]
Repeal of taxes by 2003 c 1 s 6 (Initiative Measure No. 776): "If the repeal of taxes in section 6 of this act affects any bonds previously issued for any purpose relating to light rail, the people expect transit agencies to retire these bonds using reserve funds including accrued interest, sale of property or equipment, new voter approved tax revenues, or any combination of these sources of revenue. Taxing districts should abstain from further bond sales for any purpose relating to light rail until voters decide this measure. The people encourage transit agencies to put another tax revenue measure before voters if they want to continue with a light rail system dramatically changed from that previously represented to and approved by voters." [2003 c 1 s 7 (Initiative Measure No. 776, approved November 5, 2002).]
Effective date—1994 c 262 ss 8, 28: "Sections 8 and 28 of this act take effect July 1, 1994." [ 1994 c 262 s 29.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter 102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January 1, 1994." [ 1993 sp.s. c 23 s 66.]
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Application—1989 c 156: "This act first applies to the renewal of vehicle registrations that have a December 1990 or later expiration date and all initial vehicle registrations that are effective on or after January 1, 1990." [ 1989 c 156 s 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes following RCW 46.29.050.
Effective dates—1975-'76 2nd ex.s. c 64: "Sections 1, 2, and 5 through 24 of this 1976 amendatory act shall take effect on July 1, 1976, and sections 3 and 4 of this 1976 amendatory act shall take effect on January 1, 1977. All current and outstanding valid licenses and permits held by licensees on July 1, 1976, shall remain valid until their expiration dates, but renewals and original applications made after July 1, 1976, shall be governed by the law in effect at the time such renewal or application is made." [1975-'76 2nd ex.s. c 64 s 25.]
Severability—1975-'76 2nd ex.s. c 64: "If any provision of this 1976 amendatory 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." [1975-'76 2nd ex.s. c 64 s 26.]
Effective date—1969 ex.s. c 281: See note following RCW 46.37.160.
Effective dates—1967 ex.s. c 83: See RCW 47.26.910.
(1) It is the intent of the legislature to create a concurrent licensing process to allow the owner of a motorcycle to maintain concurrent but separate registrations for the vehicle, for use as a motorcycle and for use as a snow bike.
(2) The department shall allow the owner of a motorcycle to maintain concurrent licenses for the vehicle for use as a motorcycle and for use as a snow bike. When the vehicle is registered as a motorcycle, the terms of the registration are those under this chapter that apply to motorcycles, including applicable fees. When the vehicle is registered as a snow bike, the terms of the registration are those under chapter 46.10 RCW that apply to snowmobiles, including applicable fees.
(3) The department shall establish a declaration subject to the requirements of *RCW 9A.72.085, which must be submitted by the motorcycle owner when initially applying for a snowmobile registration under chapter 46.10 RCW for the use of the converted motorcycle as a snow bike. The declaration must include a statement signed by the owner that a motorcycle that had been previously converted to a snow bike must conform with all applicable federal motor vehicle safety standards and state standards while in use as a motorcycle upon public roads, streets, or highways. Once submitted by the motorcycle owner, the declaration is valid until the vehicle is sold or the title is otherwise transferred.
(4) The department may adopt rules to implement this section.
[ 2019 c 262 s 1. ]
NOTES:
*Reviser's note: RCW 9A.72.085 was repealed by 2019 c 232 s 6, effective July 1, 2021.
Effective date—2019 c 262: "This act takes effect September 1, 2019." [ 2019 c 262 s 6.]
Both a person operating a vehicle with the express or implied permission of the owner and the owner of the vehicle are responsible for any act or omission that is declared unlawful in this chapter. The primary responsibility is the owner's.
If the person operating the vehicle at the time of the unlawful act or omission is not the owner of the vehicle, the operator may accept the citation and execute the promise to appear on behalf of the owner.
[ 2010 c 161 s 436; 1980 c 104 s 3; 1969 ex.s. c 69 s 2. Formerly RCW 46.16.500. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The director, the state of Washington, and its political subdivisions are immune from civil liability arising from the issuance of a vehicle registration or license plates to a nonroadworthy vehicle.
[ 2011 c 171 s 51; 1986 c 186 s 5. Formerly RCW 46.16.012. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
It is unlawful for any person in whose name a vehicle is registered knowingly to permit another person to drive the vehicle when the other person is not authorized to do so under the laws of this state. A violation of this section is a misdemeanor.
[ 1987 c 388 s 10. Formerly RCW 46.16.011. ]
NOTES:
Severability—1987 c 388: See note following RCW 46.20.342.
Allowing unauthorized child to drive: RCW 46.20.024.
It is unlawful for the owner or operator of any vehicle not registered annually for hire or as an auto stage and for which additional seating capacity fee as required by this chapter has not been paid, to carry passengers therein for hire.
[ 2011 c 171 s 52; 1961 c 12 s 46.16.180. Prior: 1937 c 188 s 20; RRS s 6312-20. Formerly RCW 46.16.180. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
It is a traffic infraction for any person to operate, or cause, permit, or suffer to be operated upon a public highway of this state any bus, auto stage, motor truck, truck tractor, or tractor, with passengers, or with a maximum gross weight, in excess of that for which the motor vehicle or combination is registered.
Any person who operates or causes to be operated upon a public highway of this state any motor truck, truck tractor, or tractor with a maximum gross weight in excess of the maximum gross weight for which the vehicle is registered shall be deemed to have set a new maximum gross weight and shall, in addition to any penalties otherwise provided, be required to purchase a new registration covering the new maximum gross weight, and any failure to secure such new registration is a traffic infraction. No such person may be permitted or required to purchase the new registration for a gross weight or combined gross weight which would exceed the maximum gross weight or combined gross weight allowed by law. This section does not apply to for hire vehicles, buses, or auto stages operating principally within cities and towns.
[ 2011 c 171 s 53; 1986 c 18 s 13; 1979 ex.s. c 136 s 47; 1961 c 12 s 46.16.140. Prior: 1955 c 384 s 16; 1951 c 269 s 18; 1937 c 188 s 25, part; RRS s 6312-25, part. Formerly RCW 46.16.140. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Any person violating any of the provisions of RCW 46.16A.540 shall, upon a first offense, pay a penalty of not less than twenty-five dollars nor more than fifty dollars; upon a second offense pay a penalty of not less than fifty dollars nor more than one hundred dollars, and in addition the court may suspend the registration certificate of the vehicle for not more than thirty days; upon a third and subsequent offense pay a penalty of not less than one hundred dollars nor more than two hundred dollars, and in addition the court shall suspend the registration certificate of the vehicle for not less than thirty days nor more than ninety days.
Upon ordering the suspension of any registration certificate, the court or judge shall forthwith secure the registration certificate and mail it to the director.
[ 2011 c 171 s 54; 1979 ex.s. c 136 s 48; 1975-'76 2nd ex.s. c 64 s 5; 1961 c 12 s 46.16.145. Prior: 1951 c 269 s 19; 1937 c 188 s 25, part; RRS s 6312-25, part. Formerly RCW 46.16.145. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
Until January 1, 2025, the penalty for a violation of RCW 46.16A.200(7)(c), relating to the use of license plate covers that make a license plate illegible, may only be a written warning. The warning must include information about the requirements of the law and the applicable penalty beginning January 1, 2025.
[ 2024 c 84 s 2. ]
(1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a $6 filing fee in addition to any other fees and taxes required by law.
(2) A person who applies for a certificate of title shall pay a $6.50 filing fee in addition to any other fees and taxes required by law.
(3) The filing fees established in this section must be distributed under RCW 46.68.400.
[ 2025 c 417 s 107; 2019 c 417 s 3; 2010 c 161 s 501. ]
NOTES:
Effective date—2025 c 417 ss 104, 105, 107-110, 201-206, 301-303, 604, and 903: See note following RCW 46.17.355.
Applicability—2025 c 417 ss 104, 105, and 107-110: See note following RCW 46.17.355.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Intent—2019 c 417: See note following RCW 46.17.040.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a 25 cent license plate technology fee in addition to any other fees and taxes required by law. The license plate technology fee must be distributed under RCW 46.68.370.
(2) A vehicle registered under RCW 46.16A.455 or 46.17.330 is not subject to the license plate technology fee, except for a vehicle subject to the fee under RCW 46.17.355.
(3) The revenue generated from subsection (2) of this section must be deposited in the move ahead WA account created in RCW 46.68.510.
[ 2023 c 431 s 2; 2022 c 182 s 207; 2010 c 161 s 502. ]
NOTES:
Intent—2023 c 431: "During the regular legislative session of 2022, the legislature passed Engrossed Substitute Senate Bill No. 5974 (chapter 182, Laws of 2022), a significant transportation resources bill intended to provide needed transportation funding throughout the state. However, since the enactment of that act, certain drafting errors and omissions were identified within the act resulting in some provisions being enacted contrary to legislative intent. Additionally, some corrective changes were identified that would better conform certain provisions with original legislative intent. Therefore, it is the intent of the legislature to simply correct manifest drafting errors and omissions and adopt corrective changes in order to conform certain provisions with the original legislative intent of Engrossed Substitute Senate Bill No. 5974 (chapter 182, Laws of 2022). It is not the intent of the legislature to alter the intended substantive policy enacted in Engrossed Substitute Senate Bill No. 5974 (chapter 182, Laws of 2022), but rather to make certain corrective changes." [ 2023 c 431 s 1.]
Effective date—2023 c 431 ss 2 and 3: "Sections 2 and 3 of this act take effect October 1, 2023." [ 2023 c 431 s 19.]
Effective date—Applicability—2022 c 182 ss 207 and 208: "Sections 207 and 208 of this act take effect January 1, 2023, and apply to registrations that become due on or after that date." [ 2022 c 182 s 510.]
Intent—2022 c 182: See note following RCW 70A.65.240.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a 75 cent license service fee in addition to any other fees and taxes required by law. Except as provided in subsection (3) of this section, the license service fee must be distributed under RCW 46.68.220.
(2) A vehicle registered under RCW 46.16A.455 or 46.17.330 is not subject to the license service fee, except for a vehicle subject to the fee under RCW 46.17.355.
(3)(a) Two-thirds of the revenue generated from subsection (2) of this section must be deposited in the move ahead WA account created in RCW 46.68.510.
(b) One-third of the revenue generated from subsections (1) and (2) of this section must be deposited into the driver education safety improvement account created in RCW 46.68.540.
[ 2025 c 299 s 17; 2023 c 431 s 3; 2022 c 182 s 208; 2010 c 161 s 503. ]
NOTES:
Effective date—2025 c 299 ss 17 and 18: "Sections 17 and 18 of this act take effect January 1, 2026." [ 2025 c 299 s 24.]
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2023 c 431 ss 2 and 3: See note following RCW 46.17.015.
Intent—2023 c 431: See note following RCW 46.17.015.
Effective date—Applicability—2022 c 182 ss 207 and 208: See note following RCW 46.17.015.
Intent—2022 c 182: See note following RCW 70A.65.240.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department, county auditor or other agent, or subagent appointed by the director shall require a person who applies for a vehicle registration for a vehicle subject to RCW 46.16A.120 to pay a fifteen dollar parking ticket surcharge. The fifteen dollar surcharge must be distributed under RCW 46.68.445.
[ 2010 c 161 s 504. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department, county auditor or other agent, or subagent appointed by the director shall collect a service fee of:
(a) $18 for changes in a certificate of title, changes in ownership for nontitled vehicles, or for verification of record and preparation of an affidavit of lost title other than at the time of the certificate of title application or transfer, in addition to any other fees or taxes due at the time of application; and
(b) $11 for a registration renewal, issuing a transit permit, or any other service under this section, in addition to any other fees or taxes due at the time of application.
(2) Service fees collected under this section by the department or county auditor or other agent appointed by the director must be credited to the capital vessel replacement account under RCW 47.60.322.
[ 2025 c 417 s 108; 2019 c 417 s 2; 2018 c 79 s 1; 2014 c 59 s 2; 2011 c 171 s 55; 2010 c 161 s 506. ]
NOTES:
Effective date—2025 c 417 ss 104, 105, 107-110, 201-206, 301-303, 604, and 903: See note following RCW 46.17.355.
Applicability—2025 c 417 ss 104, 105, and 107-110: See note following RCW 46.17.355.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Intent—2019 c 417: "(1) The legislature finds that Washington state's vehicle and vessel licensing system depends on a partnership between the department of licensing, the county auditors, and the vehicle subagents. Vehicle subagents perform vehicle and vessel licensing on behalf of the state; they are small Washington family businesses, not large out-of-state corporations, and therefore the revenue from these businesses stays here and is invested back into their Washington communities. Vehicle subagents are located in most communities of the state and are open extended hours and weekends to serve the public. These private businesses collect and remit hundreds of millions of dollars in taxes and fees for the state of Washington each year. The only moneys that are retained by vehicle subagents are the five dollar registration service fee or the twelve dollar titling service fee; all other moneys are remitted to the county and state. With the rising costs of property rents, worker benefits, and employee wages and the future increases to come, subagents will not be able to continue to operate without an adjustment to their fees.
(2) Furthermore, the legislature finds that the county auditors, acting as agents of Washington state, provide the service of registering vehicles and vessels to Washington's citizens, and the legislature has allowed the county auditors to charge a filing fee to recoup the costs of providing this service. The filing fee revenue is deposited into the county general fund of the county where the fee is collected and supports all county functions, including law enforcement and public safety. The cost of providing licensing services has gone up, and eleven counties now must receive state general fund assistance since the costs of providing the service is more than the filing fee revenue collected in those counties. The legislature finds that adjusting the filing fee would eliminate the need for the state to provide financial assistance to those eleven counties.
(3) The legislature intends to keep the state vehicle and vessel licensing delivery system healthy, and subagents and county auditors are a critical component of that system. The service fee retained by subagents and the filing fee deposited to county general funds are set in statute and must be changed by the legislature. Historically, these fees were adjusted every four to five years, but it has been almost ten years since the last service fee adjustment and more than twenty years since the last filing fee adjustment. It is the intent of the legislature to make fee adjustments to keep the vehicle subagents and county auditors healthy." [ 2019 c 417 s 1.]
Effective date—2018 c 79: "This act takes effect April 1, 2019." [ 2018 c 79 s 2.]
Application—2014 c 59: See note following RCW 47.60.322.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Until June 30, 2017, before accepting a report of sale filed under RCW 46.12.650(2), the county auditor or other agent or subagent appointed by the director shall require the applicant to pay:
(a) The filing fee under RCW 46.17.005(1), the license plate technology fee under RCW 46.17.015, and the license service fee under RCW 46.17.025 to the county auditor or other agent; and
(b) The service fee under RCW 46.17.040(1)(b) to the subagent.
(2)(a) Beginning July 1, 2017, before accepting a report of sale filed under RCW 46.12.650(2), the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay the filing fee under RCW 46.17.005(1), the license plate technology fee under RCW 46.17.015, the license service fee under RCW 46.17.025, and the service fee under RCW 46.17.040(1)(b).
(b) Service fees collected under (a) of this subsection by the department or county auditor or other agent appointed by the director must be credited to the capital vessel replacement account under RCW 47.60.322.
[ 2017 c 147 s 12; 2015 3rd sp.s. c 44 s 211; 2014 c 59 s 3; 2010 c 161 s 505. ]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Application—2014 c 59: See note following RCW 47.60.322.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Until June 30, 2017, before accepting a transitional ownership record filed under RCW 46.12.660, the county auditor or other agent or subagent appointed by the director shall require the applicant to pay:
(a) The filing fee under RCW 46.17.005(1), the license plate technology fee under RCW 46.17.015, and the license service fee under RCW 46.17.025 to the county auditor or other agent; and
(b) The service fee under RCW 46.17.040(1)(b) to the subagent.
(2)(a) Beginning July 1, 2017, before accepting a transitional ownership record filed under RCW 46.12.660, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay the filing fee under RCW 46.17.005(1), the license plate technology fee under RCW 46.17.015, the license service fee under RCW 46.17.025, and the service fee under RCW 46.17.040(1)(b).
(b) Service fees collected under (a) of this subsection by the department or county auditor or other agent appointed by the director must be credited to the capital vessel replacement account under RCW 47.60.322.
[ 2017 c 147 s 13; 2015 3rd sp.s. c 44 s 212; 2014 c 59 s 4; 2010 c 161 s 507. ]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Application—2014 c 59: See note following RCW 47.60.322.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a certificate of title as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a fifteen dollar application fee in addition to any other fees and taxes required by law.
(1) Five dollars of the certificate of title application fee must be distributed under RCW 46.68.020.
(2) Ten dollars of the certificate of title application fee must be credited to the transportation 2003 account (nickel account) created in RCW 46.68.280.
[ 2012 c 74 s 1; 2010 c 161 s 508. ]
NOTES:
Effective date—2012 c 74 ss 1-12: "Sections 1 through 12 of this act take effect October 1, 2012." [ 2012 c 74 s 17.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
PDFRCW 46.17.100
Application fee. (Effective October 1, 2026.)
Before accepting an application for a certificate of title as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay an application fee in addition to any other fees and taxes required by law. Through December 31, 2036, the fee is $40 upon the execution of a retail sale or lease agreement, with respect to the retail sale or lease by a motor vehicle dealer or lessor of a new or used motor vehicle, and $15 after December 31, 2036. For all other certificate of title applications, the fee is $15.
(1) $5 of the certificate of title application fee must be distributed under RCW 46.68.020.
(2) $10 of the certificate of title application fee must be credited to the transportation 2003 account (nickel account) created in RCW 46.68.280.
(3) With respect to the fee collected upon the execution of a retail sale or lease agreement by a motor vehicle dealer or lessor through December 31, 2036, $25 of the certificate of title fee must be deposited as follows:
(a) Thirty-five percent to the electric vehicle account created in RCW 82.44.200 for the provision of instant rebates that reduce the purchase or lease costs of electric vehicles for vulnerable populations under the incentive program created under RCW 43.330.615; and
(b) Sixty-five percent to the multimodal transportation account.
[ 2026 c 186 s 7; 2012 c 74 s 1; 2010 c 161 s 508.]
Effective date—2026 c 186 s 7: "Section 7 of this act takes effect October 1, 2026." [ 2026 c 186 s 9.]
Effective date—2012 c 74 ss 1-12: "Sections 1 through 12 of this act take effect October 1, 2012." [ 2012 c 74 s 17.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for a certificate of title for a motor vehicle as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a six dollar and fifty cent emergency medical services fee for the following transactions:
(a) All retail sales or leases of any new or used motor vehicles; and
(b) Original and transfer certificate of title transactions.
(2) The emergency medical services fee:
(a) Is not considered a violation of RCW 46.70.180(2);
(b) Does not apply to motor vehicles declared a total loss by an insurer or self-insurer unless an application for certificate of title is made to the department, county auditor or other agent, or subagent appointed by the director after the declaration of total loss; and
(c) Must be distributed under RCW 46.68.440.
[ 2010 c 161 s 509. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for a certificate of title for a vehicle previously registered in any other state or country, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a fee of $50.
(a) $15 of the fee required by this section must be distributed under RCW 46.68.020.
(b) $35 of the fee required by this section must be deposited in the move ahead WA account created in RCW 46.68.510.
(2) Beginning July 1, 2026, before accepting an application for a certificate of title for a vehicle previously registered in any other state or country, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay, in addition to the fee specified in subsection (1) of this section, a fee of $25 which must be deposited in the move ahead WA account created in RCW 46.68.510.
(3) An applicant is exempt from the fees specified in this section if the applicant previously registered the vehicle in Washington state and maintained ownership of the vehicle while registered in another state or country.
[ 2022 c 182 s 203; 2020 c 239 s 1; 2010 c 161 s 513. ]
NOTES:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2020 c 239: "This act takes effect July 1, 2020." [ 2020 c 239 s 2.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to pay a $65 inspection fee if an inspection of the vehicle was completed by the Washington state patrol. The inspection fee must be distributed under RCW 46.68.410.
[ 2023 c 139 s 1; 2010 c 161 s 514. ]
NOTES:
Effective date—2023 c 139: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2023." [ 2023 c 139 s 3.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to pay a five dollar vehicle identification number reassignment fee if the Washington state patrol has reassigned an identification number as authorized under RCW 46.12.560. The reassignment fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
[ 2010 c 161 s 515. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The penalty for a late transfer under *RCW 46.12.650(7) is fifty dollars assessed on the sixteenth day after the date of delivery and two dollars for each additional day thereafter, but the total penalty must not exceed one hundred twenty-five dollars. The penalty must be distributed under RCW 46.68.020.
[ 2012 c 74 s 2; 2010 c 161 s 512. ]
NOTES:
*Reviser's note: RCW 46.12.650 was amended by 2023 c 273 s 1, changing subsection (7) to subsection (8).
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a transfer of certificate of title for a new or used manufactured home as required in this title and chapter 65.20 RCW, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a fifteen dollar fee in addition to any other fees and taxes required by law. The fifteen dollar fee must be forwarded to the state treasurer, who shall deposit the fee in the manufactured home installation training account created in RCW 43.22A.100.
[ 2011 c 158 s 4; 2010 c 161 s 510. ]
NOTES:
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for a certificate of title for an original or transfer manufactured home transaction as required in this title or chapter 65.20 RCW, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a fee, in accordance with subsection (4) of this section, in addition to any other fees and taxes required by law if the manufactured home:
(a) Is located in a mobile home park;
(b) Is one year old or older; and
(c) Is new or ownership changes, excluding changes that involve adding or deleting spouse or domestic partner coregistered owners or legal owners.
(2) The fee amount established in subsection (4) of this section must be forwarded to the state treasurer, who shall deposit the fee in the manufactured/mobile home park relocation fund created in RCW 59.21.050.
(3) The department and the state treasurer may adopt rules necessary to carry out this section.
(4) The amount of the fee that the department must collect must be 0.25 percent of the sale price of the manufactured home, but in no case may the fee be less than one hundred dollars or greater than five hundred dollars.
[ 2019 c 390 s 6; 2010 c 161 s 511. ]
NOTES:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a quick title of a vehicle under RCW 46.12.555, the department, participating county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a fifty dollar quick title service fee in addition to any other fees and taxes required by law. The quick title service fee must be distributed under RCW 46.68.025.
[ 2011 c 326 s 2. ]
NOTES:
Application—Effective date—2011 c 326: See notes following RCW 46.12.555.
(1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
(a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:
| FEE TYPE | FEE | | DISTRIBUTION | | | --- | --- | --- | --- | --- | | Original issue | | $50.00 | | RCW 46.68.070 | | Reflectivity | | $2.00 | | RCW 46.68.070 | | Replacement | | $30.00 | | RCW 46.68.070 | | Original issue, motorcycle | | $20.00 | | RCW 46.68.070 | | Replacement, motorcycle | | $12.00 | | RCW 46.68.070 | | Original issue, moped | | $1.50 | | RCW 46.68.070 |
(b) A license plate retention fee, as required under RCW 46.16A.200(9)(a), of $20 if the owner wishes to retain the current license plate number upon license plate replacement, unless the owner or type of vehicle is exempt from payment. The $20 fee must be deposited in the multimodal transportation account created in RCW 47.66.070.
(c) A $10 license plate transfer fee, as required under RCW 46.16A.200(8)(a), when transferring standard issue license plates from one vehicle to another, unless the owner or type of vehicle is exempt from payment. The $10 license plate transfer fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
(d) Former prisoner of war license plates, as described in RCW 46.18.235, may be transferred to a replacement vehicle upon payment of a $5 license plate fee, in addition to any other fee required by law.
(2) The department may, upon request, provide license plates that have been used and returned to the department to individuals for nonvehicular use. The department may charge a fee of up to $5 per license plate to cover costs or recovery for postage and handling. The department may waive the fee for license plates used in educational projects and may, by rule, provide standards for the fee waiver and restrictions on the number of license plates provided to any one person. The fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
(3) $40 of the original issue license plate fee imposed under subsection (1)(a) of this section and $16 of the original issue motorcycle license plate fee imposed under subsection (1)(a) of this section must be deposited in the move ahead WA account created in RCW 46.68.510.
(4) $20 of the replacement license plate fee imposed under subsection (1)(a) of this section and $8 of the replacement motorcycle license plate fee imposed under subsection (1)(a) of this section must be deposited in the move ahead WA account created in RCW 46.68.510.
[ 2022 c 182 s 202; 2014 c 80 s 4; 2012 c 74 s 3; 2011 c 171 s 56; 2010 c 161 s 518. ]
NOTES:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Application—2014 c 80: See note following RCW 46.16A.200.
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
In addition to all fees and taxes required to be paid upon application for a vehicle registration under chapter 46.16A RCW, the holder of a personalized license plate shall pay an initial fee of $52 and $52 for each renewal. The personalized license plate fee must be distributed as provided in RCW 46.68.435.
[ 2025 c 385 s 23; 2013 c 329 s 6; 2011 c 171 s 57; 2010 c 161 s 520. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
Application—2013 c 329 s 6: "Section 6 of this act applies only to vehicle registrations that are due or become due on or after October 1, 2013." [ 2013 c 329 s 7.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
In addition to all fees and taxes required to be paid upon application for a vehicle registration in chapter 46.16A RCW, the holder of a special license plate shall pay the appropriate special license plate fee as listed in this section.
| PLATE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER | | --- | --- | --- | --- | | (1) 4-H | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (2) Amateur radio license | $ 5.00 | N/A | RCW 46.68.070 | | (3) Armed forces | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (4) Breast cancer awareness | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (5) Collector vehicle | $ 35.00 | N/A | RCW 46.68.030 | | (6) Collegiate | $ 40.00 | $ 30.00 | RCW 46.68.430 | | (7) Donate life | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (8) Endangered wildlife | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (9) Firefighter memorial | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (10) Fred Hutch | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (11) Gonzaga University alumni association | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (12) Helping kids speak | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (13) Historical throwback | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (14) Horseless carriage | $ 35.00 | N/A | RCW 46.68.030 | | (15) Keep kids safe | $ 45.00 | $ 30.00 | RCW 46.68.425 | | (16) Keep Washington evergreen | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (17) Law enforcement memorial | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (18) LeMay-America's Car Museum | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (19) Military affiliate radio system | $ 5.00 | N/A | RCW 46.68.070 | | (20) Mount St. Helens | $40.00 | $30.00 | RCW 46.68.420 | | (21) Music matters | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (22) Nautical Northwest | $40.00 | $30.00 | RCW 46.68.420 | | (23) Patches pal, or alternative name as designated by the department under RCW 46.04.383 | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (24) Professional firefighters and paramedics | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (25) Purple Heart | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (26) Ride share | $ 25.00 | N/A | RCW 46.68.030 | | (27) San Juan Islands | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (28) Seattle Mariners | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (29) Seattle NHL hockey | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (30) Seattle Reign FC | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (31) Seattle Seahawks | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (32) Seattle Sounders FC | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (33) Seattle Storm | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (34) Seattle University | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (35) Share the road | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (36) Ski & ride Washington | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (37) Smokey Bear | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (38) Square dancer | $ 40.00 | N/A | RCW 46.68.070 | | (39) State flower | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (40) State sport | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (41) United States Naval Academy | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (42) Volunteer firefighters | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (43) Washington apples | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (44) Washington farmers and ranchers | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (45) Washington lighthouses | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (46) Washington state aviation | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (47) Washington state honey bees and pollinators | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (48) Washington state parks | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (49) Washington state wrestling | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (50) Washington tennis | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (51) Washington wine | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (52) Washington's fish collection | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (53) Washington's national parks | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (54) Washington's wildlife collection | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (55) We love our pets | $ 40.00 | $ 30.00 | RCW 46.68.420 | | (56) Wild on Washington | $ 40.00 | $ 30.00 | RCW 46.68.425 | | (57) Working forests | $ 40.00 | $ 30.00 | RCW 46.68.420 |
[ 2025 c 385 s 4. Prior: 2022 c 239 s 1; 2022 c 117 s 1; prior: 2020 c 129 s 1; 2020 c 93 s 2; prior: 2019 c 384 s 2; 2019 c 177 s 2; 2018 c 67 s 4; prior: 2017 c 25 s 2; 2017 c 11 s 3; prior: 2016 c 36 s 2; 2016 c 31 s 2; 2016 c 30 s 3; 2016 c 16 s 2; 2016 c 15 s 2; prior: 2014 c 77 s 2; 2014 c 6 s 2; 2013 c 286 s 2; 2012 c 65 s 4; prior: 2011 c 229 s 3; 2011 c 225 s 2; 2011 c 171 s 58; 2010 c 161 s 521. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
Effective date—2022 c 239: "This act takes effect October 1, 2022." [ 2022 c 239 s 5.]
Effective date—2022 c 117: "This act takes effect November 1, 2022." [ 2022 c 117 s 5.]
Effective date—2020 c 129: "This act takes effect October 1, 2020." [ 2020 c 129 s 5.]
Effective date—2020 c 93: See note following RCW 46.18.200.
Effective date—2019 c 384: See note following RCW 46.18.200.
Effective date—2019 c 177: See note following RCW 46.18.200.
Effective date—2018 c 67 ss 3-8: "Sections 3 through 8 of this act take effect January 1, 2019." [ 2018 c 67 s 9.]
Effective date—2017 c 25: See note following RCW 46.18.200.
Finding—Intent—2017 c 11: See note following RCW 46.18.200.
Effective date—2016 c 36: See note following RCW 46.18.200.
Effective date—2016 c 31: See note following RCW 46.18.280.
Effective date—2016 c 30: See note following RCW 46.18.200.
Effective date—2016 c 16: See note following RCW 46.18.200.
Effective date—2016 c 15: See note following RCW 46.18.200.
Effective date—2014 c 77: See note following RCW 46.18.200.
Effective date—2014 c 6: See note following RCW 46.18.200.
Effective date—2013 c 286: See note following RCW 46.18.200.
Effective date—2012 c 65: See note following RCW 46.18.200.
Effective date—2011 c 229: See note following RCW 46.18.200.
Effective date—2011 c 225: See note following RCW 46.18.200.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a replacement license tab or windshield emblem, the department, county auditor or other agent, or subagent appointed by the director shall charge a fifty cent fee for each tab or windshield emblem. The license tab or windshield emblem replacement fee must be deposited in the motor vehicle fund created in RCW 46.68.070. A replacement tab or emblem may be issued under this section only in conjunction with an application for a duplicate registration certificate under RCW 46.16A.190.
[ 2017 c 147 s 6; 2011 c 171 s 59; 2010 c 161 s 519. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
State agencies, political subdivisions, Indian tribes, and the United States government, except foreign governments or international bodies, shall pay a fee of two dollars for a license plate or plates for each vehicle when the department assigns license plates for further assignment by the entity.
[ 2010 c 161 s 517. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a combination trailer license plate authorized under RCW 46.16A.450, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to pay a thirty-six dollar license plate fee. The thirty-six dollar license plate fee must be deposited and distributed under RCW 46.68.035.
[ 2010 c 161 s 516. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A person who requests a replacement license plate for a license plate that is defective may receive a replacement set of license plates:
(a) Completely free of charge without being subject to the following fees, if the request is made on or before the last day of the 24th month from the date of issuance of the defective plate:
(i) The license plate and other fees in accordance with RCW 46.17.200;
(ii) The filing fee in accordance with RCW 46.17.005;
(iii) The license service fee in accordance with RCW 46.17.025;
(iv) The service fee in accordance with RCW 46.17.040(1)(b);
(v) The special license plate fee in accordance with RCW 46.17.220;
(vi) The personalized license plate fee in accordance with RCW 46.17.210;
(b) Completely free of charge without being subject to the fees specified (a) of this subsection, if the request is made after the last day of the 24th month and on or before the last day of the 60th month from the date of issuance of the defective plate, and if the defective plate meets the criteria as established by the department in rule. Based on the criteria as established by the department in rule, any of the fees specified in (a) of this subsection may be imposed, at the department's discretion, depending on the specific circumstances of the need for license plate replacement.
(2) A license plate is considered defective for the purposes of this section if the plate is no longer functional. Lack of functionality is indicated when the numbers are no longer legible, the paint is peeling or bubbling, or when the plate materials have otherwise degraded.
(3) The department may require the defective plate to be submitted with the request for replacement license plates in order for the person to qualify for reduced charges under subsection (1) of this section.
(4) The department is not required to provide a replacement license plate at reduced charges in accordance with subsection (1) of this section if:
(a) The license plate has been tampered with by manual means or was damaged in a vehicle collision with another vehicle, building, or object;
(b) The defective license plate is associated with a vehicle registered as stolen and the person requesting the plate is not the owner or registered person of the vehicle;
(c) The person has already received a replacement plate within the preceding five years;
(d) The person has applied for or is submitting an application to transfer the license plate to a different vehicle; or
(e) The department determines the license plate is not associated with a valid registration for the specific vehicle.
(5) A person with one defective license plate is eligible to receive a replacement set of license plates under the terms of this section unless only one license plate is required by law.
[ 2026 c 172 s 2. ]
NOTES:
Application—2026 c 172 s 2: "Section 2 of this act is exempt from the rule of strict construction, and shall be liberally construed to give full effect to the objective and purpose of replacing defective license plates in a manner that is consistent with fairness to the person that purchased the license plates." [ 2026 c 172 s 4.]
Intent—2026 c 172: "The department of licensing sells license plates, and sometimes those license plates weather quickly and become illegible. The manufacturer has indicated the license plates will be useable for a number of years, so when the plates delaminate, purchasers are justifiably upset when the replacement for the defective license plate requires payment of fees and taxes. The department of licensing cannot ignore statutory requirements to collect fees and taxes associated with replacement plates. The legislature intends to improve the department of licensing's ability to provide customer service when a license plate fails to last the expected life span by making clear that fees and taxes that were collected when a license plate is initially purchased do not apply when a defective license plate is being replaced." [ 2026 c 172 s 1.]
Effective date—2026 c 172: "This act takes effect January 1, 2027." [ 2026 c 172 s 5.]
Before accepting an application for a vehicle registration for a boat trailer, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a three dollar aquatic weed fee in addition to any other fees and taxes required by law. The three dollar fee must be deposited in the freshwater aquatic weeds account created in RCW 43.21A.650.
[ 2010 c 161 s 522. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a change of class as required under RCW 46.16A.200(6), the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a one dollar fee. The one dollar fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
[ 2010 c 161 s 523. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for a motor vehicle base plated in the state of Washington that is subject to highway inspections and compliance reviews by the Washington state patrol under RCW 46.32.080 or the international registration plan if base plated in a foreign jurisdiction, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a $32 commercial vehicle safety enforcement fee in addition to any other fees and taxes required by law. The $32 fee:
(a) Must be apportioned for those vehicles operating interstate and registered under the international registration plan;
(b) Does not apply to trailers; and
(c) Is not refundable when the motor vehicle is no longer subject to RCW 46.32.080.
(2) The department may deduct an amount equal to the cost of administering the program. All remaining fees must be deposited with the state treasurer and credited in equal proportions to the state patrol highway account of the motor vehicle fund created in RCW 46.68.070 and the commercial truck safety and education account created in RCW 46.68.550.
[ 2026 c 61 s 3; 2011 c 171 s 60; 2010 c 161 s 524. ]
NOTES:
Findings—Intent—2026 c 61: See note following RCW 43.59.190.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a duplicate registration as required under RCW 46.16A.190, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a one dollar and twenty-five cent fee in addition to any other fees and taxes required by law. The one dollar and twenty-five cent fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
[ 2010 c 161 s 525. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for an annual vehicle registration renewal for a vehicle that both (a) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (b) is capable of traveling at least 30 miles using only battery power, except for electric motorcycles, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $100 fee in addition to any other fees and taxes required by law. The $100 fee is due only at the time of annual registration renewal.
(2) This section only applies to a vehicle that is designed to have the capability to drive at a speed of more than 35 miles per hour.
(3)(a) The fee under this section is imposed to provide funds to mitigate the impact of vehicles on state roads and highways and for the purpose of evaluating the feasibility of transitioning from a revenue collection system based on fuel taxes to a road user assessment system, and is separate and distinct from other vehicle license fees. Proceeds from the fee must be used for highway purposes, and must be deposited in the motor vehicle fund created in RCW 46.68.070, subject to (b) of this subsection.
(b) If in any year the amount of proceeds from the fee collected under this section exceeds $1,000,000, the excess amount over $1,000,000 must be deposited as follows:
(i) Seventy percent to the motor vehicle fund created in RCW 46.68.070;
(ii) Fifteen percent to the transportation improvement account created in RCW 47.26.084; and
(iii) Fifteen percent to the rural arterial trust account created in RCW 36.79.020.
(4)(a) In addition to the fee established in subsection (1) of this section, before accepting an application for an annual vehicle registration renewal for a vehicle that both (i) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (ii) is capable of traveling at least 30 miles using only battery power, except for electric motorcycles, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $50 fee.
(b) The fee required under (a) of this subsection must be distributed as follows:
(i) The first $1,000,000 raised by the fee must be deposited into the multimodal transportation account created in RCW 47.66.070; and
(ii) Any remaining amounts must be deposited into the motor vehicle fund created in RCW 46.68.070.
(5) Beginning November 1, 2022, before accepting an application for an annual vehicle registration renewal for an electric motorcycle that uses propulsion units powered solely by electricity, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $30 fee in addition to any other fees and taxes required by law. The $30 fee is due only at the time of annual registration renewal.
(6) The fees collected pursuant to subsection (5) of this section shall be deposited into the motor vehicle fund created in RCW 46.68.070.
(7) This section applies to annual vehicle registration renewals until the effective date of enacted legislation that imposes a vehicle miles traveled fee or tax.
[ 2022 c 149 s 1; (2020 c 1 s 5 repealed by 2024 c 232 s 7); 2015 3rd sp.s. c 44 s 203; 2012 c 74 s 10. ]
NOTES:
Effective date—2022 c 149: "This act takes effect November 1, 2022." [ 2022 c 149 s 2.]
Application—2015 3rd sp.s. c 44 s 203: "Section 203 of this act applies to vehicle registrations that are due or become due on or after July 1, 2016." [ 2015 3rd sp.s. c 44 s 204.]
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Notice of expiration date—2012 c 74 s 10: "The department of licensing must provide written notice of the expiration date of section 10 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department." [ 2012 c 74 s 12.]
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
To realize the environmental benefits of electrification of the transportation system it is necessary to support the adoption of electric vehicles and other electric technology in the state by incentivizing the purchase of these vehicles, building out the charging infrastructure, developing greener transit options, and supporting clean alternative fuel infrastructure. Therefore, it is the intent of the legislature to support these activities through the imposition of new transportation electrification fees in this section.
(1) A vehicle that both (a) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (b) is capable of traveling at least thirty miles using only battery power, is subject to an annual seventy-five dollar transportation electrification fee to be collected by the department, county auditor, or other agent or subagent appointed by the director, in addition to any other fees and taxes required by law. For administrative efficiencies, the transportation electrification fee must be collected at the same time as vehicle registration renewals and may only be collected for vehicles that are renewing an annual vehicle registration.
(2) Beginning October 1, 2019, in lieu of the fee in subsection (1) of this section for a hybrid or alternative fuel vehicle that is not required to pay the fees established in RCW 46.17.323 (1) and (4), the department, county auditor, or other agent or subagent appointed by the director must require that the applicant for the annual vehicle registration renewal of such hybrid or alternative fuel vehicle pay a seventy-five dollar hybrid vehicle transportation electrification fee, in addition to any other fees and taxes required by law.
(3) The fees required under this section must be deposited in the electric vehicle account created in RCW 82.44.200, until July 1, 2025, when the fee must be deposited in the motor vehicle account [fund].
(4) This section only applies to a vehicle that is designed to have the capability to drive at a speed of more than thirty-five miles per hour.
[ 2019 c 287 s 23. ]
NOTES:
Effective date—2019 c 287 ss 1-7, 12, and 14-23: See note following RCW 28B.30.903.
Findings—Intent—2019 c 287: See note following RCW 28B.30.903.
Before accepting an application for a farm exempt decal as required under RCW 46.16A.420, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a five dollar fee in addition to any other fees and taxes required by law. The five dollar fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
[ 2010 c 161 s 526. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) In lieu of the vehicle license fee required under RCW 46.17.350 and before accepting an application for a vehicle registration for farm vehicles described in RCW 46.16A.425, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant, unless specifically exempt, to pay the following farm vehicle reduced gross weight license fee by weight:
| WEIGHT | SCHEDULE A | SCHEDULE B | | --- | --- | --- | | 4,000 pounds | $24.50 | $24.50 | | 6,000 pounds | $24.50 | $24.50 | | 8,000 pounds | $24.50 | $24.50 | | 10,000 pounds | $40.50 | $40.50 | | 12,000 pounds | $49.00 | $49.00 | | 14,000 pounds | $54.50 | $54.50 | | 16,000 pounds | $60.50 | $60.50 | | 18,000 pounds | $86.50 | $86.50 | | 20,000 pounds | $95.00 | $95.00 | | 22,000 pounds | $102.00 | $102.00 | | 24,000 pounds | $109.50 | $109.50 | | 26,000 pounds | $115.00 | $115.00 | | 28,000 pounds | $134.00 | $134.00 | | 30,000 pounds | $153.00 | $153.00 | | 32,000 pounds | $182.50 | $182.50 | | 34,000 pounds | $193.50 | $193.50 | | 36,000 pounds | $209.00 | $209.00 | | 38,000 pounds | $228.50 | $228.50 | | 40,000 pounds | $260.00 | $260.00 | | 42,000 pounds | $270.00 | $315.00 | | 44,000 pounds | $275.50 | $320.50 | | 46,000 pounds | $295.50 | $340.50 | | 48,000 pounds | $307.50 | $352.50 | | 50,000 pounds | $333.00 | $378.00 | | 52,000 pounds | $349.50 | $394.50 | | 54,000 pounds | $376.50 | $421.50 | | 56,000 pounds | $397.00 | $442.00 | | 58,000 pounds | $412.50 | $457.50 | | 60,000 pounds | $439.00 | $484.00 | | 62,000 pounds | $470.00 | $515.00 | | 64,000 pounds | $480.00 | $525.00 | | 66,000 pounds | $533.50 | $578.50 | | 68,000 pounds | $556.00 | $601.00 | | 70,000 pounds | $598.00 | $643.00 | | 72,000 pounds | $639.00 | $684.00 | | 74,000 pounds | $693.50 | $738.50 | | 76,000 pounds | $748.50 | $793.50 | | 78,000 pounds | $816.50 | $861.50 | | 80,000 pounds | $880.50 | $925.50 | | 82,000 pounds | $941.00 | $986.00 | | 84,000 pounds | $1,001.00 | $1,046.00 | | 86,000 pounds | $1,061.50 | $1,106.50 | | 88,000 pounds | $1,122.00 | $1,167.00 | | 90,000 pounds | $1,182.50 | $1,127.50 | | 92,000 pounds | $1,242.50 | $1,287.50 | | 94,000 pounds | $1,303.00 | $1,348.00 | | 96,000 pounds | $1,363.50 | $1,408.50 | | 98,000 pounds | $1,424.00 | $1,469.00 | | 100,000 pounds | $1,484.00 | $1,529.00 | | 102,000 pounds | $1,544.50 | $1,589.50 | | 104,000 pounds | $1,605.00 | $1,650.00 | | 105,500 pounds | $1,665.50 | $1,710.50 |
(2) Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
(3) If the resultant gross weight is not listed in the table provided in subsection (1) of this section, it must be increased to the next higher weight.
(4) The farm vehicle reduced gross weight license fees provided in subsection (1) of this section are in addition to the filing fee required under RCW 46.17.005 and any other fee or tax required by law.
(5) The farm vehicle reduced gross weight license fee as provided in subsection (1) of this section must be distributed under RCW 46.68.035.
[ 2017 c 147 s 7; 2010 c 161 s 527. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a fixed load motor vehicle registration, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to pay:
(1) The license fee based on declared gross weight as provided in RCW 46.17.355. The declared gross weight must be equal to the scale weight of the motor vehicle, rounded up to the next higher amount in the schedule provided in RCW 46.17.355, up to the legal limit provided in chapter 46.44 RCW; or
(2) A twenty-five dollar capacity fee if the vehicle is equipped for lifting or towing any abandoned, disabled, or impounded vehicle or parts of vehicles. The twenty-five dollar capacity fee is in lieu of the license fee based on declared gross weight as provided in RCW 46.17.355 and must be deposited under RCW 46.68.030.
[ 2010 c 161 s 528. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for a vehicle registration for a for hire vehicle or auto stage with a seating capacity of six or less, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a fifteen dollar seating capacity fee. The seating capacity fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
(2) The for hire vehicle and auto stage seating capacity fee imposed in subsection (1) of this section does not apply to taxicabs.
[ 2010 c 161 s 529. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a permanent registration authorized under RCW 46.16A.428, the department, county auditor or other agent, or subagent appointed by the director must require an applicant to pay a one hundred eighty-seven dollar and fifty cent fee, which must be deposited and distributed under RCW 46.68.030.
[ 2015 c 200 s 2. ]
NOTES:
Effective date—2015 c 200: See note following RCW 46.16A.428.
(1) Before accepting an application for a vehicle registration, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant, unless specifically exempt, to pay the following vehicle license fee by vehicle type:
| VEHICLE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER | | --- | --- | --- | --- | | (a) Auto stage, six seats or less | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (b) Camper | $ 4.90 | $ 3.50 | RCW 46.68.030 | | (c) Commercial trailer | $ 34.00 | $ 34.00 | RCW 46.68.035 | | (d) For hire vehicle, six seats or less | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (e) Mobile home (if registered) | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (f) Moped | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (g) Motor home | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (h) Motorcycle | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (i) Off-road vehicle | $ 18.00 | $ 18.00 | RCW 46.68.045 | | (j) Passenger car | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (k) Private use single-axle trailer | $ 15.00 | $ 15.00 | RCW 46.68.035 | | (l) Snowmobile | $ 50.00 | $ 50.00 | RCW 46.68.350 | | (m) Snowmobile, vintage | $ 12.00 | $ 12.00 | RCW 46.68.350 | | (n) Sport utility vehicle | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (o) Tow truck | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (p) Trailer, over 2000 pounds | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (q) Travel trailer | $ 30.00 | $ 30.00 | RCW 46.68.030 | | (r) Wheeled all-terrain vehicle, on-road use | $ 12.00 | $ 12.00 | RCW 46.09.540 | | (s) Wheeled all-terrain vehicle, off-road use | $ 18.00 | $ 18.00 | RCW 46.09.510 |
(2) The vehicle license fee required in subsection (1) of this section is in addition to the filing fee required under RCW 46.17.005, and any other fee or tax required by law.
[ 2019 c 44 s 4; (2020 c 1 s 3 repealed by 2024 c 232 s 7); 2014 c 30 s 2; (2014 c 30 s 1 expired October 1, 2015); 2013 2nd sp.s. c 23 s 19; 2010 c 161 s 531. ]
NOTES:
Application—Effective date—2014 c 30 s 2: "Section 2 of this act applies to snowmobile registrations that are due on or after October 1, 2015. Section 2 of this act takes effect October 1, 2015." [ 2014 c 30 s 4.]
Application—Expiration date—2014 c 30 s 1: "Section 1 of this act applies to snowmobile registrations that are due on or after October 1, 2014. Section 1 of this act expires October 1, 2015." [ 2014 c 30 s 3.]
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) In lieu of the vehicle license fee required under RCW 46.17.350 and before accepting an application for a vehicle registration for motor vehicles described in RCW 46.16A.455, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant, unless specifically exempt, to pay the following license fee by weight, to be adjusted annually as provided in subsection (8) of this section:
| WEIGHT | SCHEDULE A | SCHEDULE B | | --- | --- | --- | | 4,000 pounds | $ 53.00 | $ 53.00 | | 6,000 pounds | $80.00 | $80.00 | | 8,000 pounds | $110.00 | $110.00 | | 10,000 pounds | $140.00 | $140.00 | | 12,000 pounds | $147.85 | $147.85 | | 14,000 pounds | $182.60 | $182.60 | | 16,000 pounds | $208.70 | $208.70 | | 18,000 pounds | $234.80 | $234.80 | | 20,000 pounds | $260.85 | $260.85 | | 22,000 pounds | $286.95 | $286.95 | | 24,000 pounds | $313.05 | $313.05 | | 26,000 pounds | $339.15 | $339.15 | | 28,000 pounds | $365.20 | $365.20 | | 30,000 pounds | $391.30 | $391.30 | | 32,000 pounds | $417.40 | $417.40 | | 34,000 pounds | $443.50 | $443.50 | | 36,000 pounds | $469.55 | $469.55 | | 38,000 pounds | $495.65 | $495.65 | | 40,000 pounds | $521.75 | $521.75 | | 42,000 pounds | $547.85 | $ 609.00 | | 44,000 pounds | $573.90 | $ 620.00 | | 46,000 pounds | $600.00 | $ 660.00 | | 48,000 pounds | $626.10 | $ 684.00 | | 50,000 pounds | $652.15 | $ 735.00 | | 52,000 pounds | $678.25 | $ 768.00 | | 54,000 pounds | $ 732.00 | $ 822.00 | | 56,000 pounds | $ 773.00 | $ 863.00 | | 58,000 pounds | $ 804.00 | $ 894.00 | | 60,000 pounds | $ 857.00 | $ 947.00 | | 62,000 pounds | $ 919.00 | $1,009.00 | | 64,000 pounds | $ 939.00 | $1,029.00 | | 66,000 pounds | $ 1,046.00 | $ 1,136.00 | | 68,000 pounds | $ 1,091.00 | $ 1,181.00 | | 70,000 pounds | $ 1,175.00 | $ 1,265.00 | | 72,000 pounds | $ 1,257.00 | $ 1,347.00 | | 74,000 pounds | $ 1,366.00 | $ 1,456.00 | | 76,000 pounds | $ 1,476.00 | $ 1,566.00 | | 78,000 pounds | $ 1,612.00 | $ 1,702.00 | | 80,000 pounds | $ 1,740.00 | $ 1,830.00 | | 82,000 pounds | $ 1,861.00 | $ 1,951.00 | | 84,000 pounds | $ 1,981.00 | $ 2,071.00 | | 86,000 pounds | $ 2,102.00 | $ 2,192.00 | | 88,000 pounds | $ 2,223.00 | $ 2,313.00 | | 90,000 pounds | $ 2,344.00 | $ 2,434.00 | | 92,000 pounds | $ 2,464.00 | $ 2,554.00 | | 94,000 pounds | $ 2,585.00 | $ 2,675.00 | | 96,000 pounds | $ 2,706.00 | $ 2,796.00 | | 98,000 pounds | $ 2,827.00 | $ 2,917.00 | | 100,000 pounds | $ 2,947.00 | $ 3,037.00 | | 102,000 pounds | $ 3,068.00 | $ 3,158.00 | | 104,000 pounds | $ 3,189.00 | $ 3,279.00 | | 105,500 pounds | $ 3,310.00 | $ 3,400.00 |
(2) Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
(3) If the resultant gross weight is not listed in the table provided in subsection (1) of this section, it must be increased to the next higher weight.
(4) The license fees provided in subsection (1) of this section and the freight project fee provided in subsection (6) of this section are in addition to the filing fee required under RCW 46.17.005 and any other fee or tax required by law.
(5) The license fee based on declared gross weight as provided in subsection (1) of this section must be distributed under RCW 46.68.035.
(6) In addition to the license fee based on declared gross weight required under subsection (1) of this section, the department, county auditor or other agent, or subagent appointed by the director must require an applicant with a vehicle with a declared gross weight of more than 10,000 pounds, unless specifically exempt, to pay a freight project fee equal to 15 percent of the license fee provided in subsection (1) of this section, rounded to the nearest whole dollar, which must be distributed under RCW 46.68.035.
(7) In addition to the license fee based on declared gross weight required under subsection (1) of this section, the department, county auditor or other agent, or subagent appointed by the director must require an applicant with a vehicle with a declared gross weight of less than or equal to 12,000 pounds, unless specifically exempt, to pay an additional weight fee of $10, which must be distributed under RCW 46.68.035.
(8) Beginning July 1, 2026, the vehicle license fee required in subsection (1) of this section must be adjusted annually by increasing the fee by two percent and the result must be rounded to the nearest five cents.
[ 2025 c 417 s 104; 2015 3rd sp.s. c 44 s 201; (2020 c 1 s 4 repealed by 2024 c 232 s 7); 2011 c 171 s 61; 2010 c 161 s 530. ]
NOTES:
Effective date—2025 c 417 ss 104, 105, 107-110, 201-206, 301-303, 604, and 903: "Sections 104, 105, 107 through 110, 201 through 206, 301 through 303, 604 and 903 of this act take effect January 1, 2026." [ 2025 c 417 s 1404.]
Applicability—2025 c 417 ss 104, 105, and 107-110: "Sections 104, 105, and 107 through 110 of this act apply to vehicle registrations that are due or become due on or after January 1, 2026." [ 2025 c 417 s 1416.]
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
A person applying for a monthly declared gross weight license as authorized in RCW 46.16A.455 shall pay an additional two dollars for each month of the declared gross weight license, plus an additional two dollars. These two dollar fees must be deposited in the motor vehicle fund created in RCW 46.68.070.
[ 2010 c 161 s 532. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A person applying for a motor vehicle registration and paying the vehicle license fee required in RCW 46.17.350(1) (a), (d), (e), (h), (j), (n), and (o) shall pay a motor vehicle weight fee in addition to all other fees and taxes required by law.
For vehicle registrations that are due or become due on or after January 1, 2026, the motor vehicle weight fee:
(a) Must be based on the motor vehicle scale weight as follows:
| WEIGHT | FEE | | --- | --- | | 4,000 pounds | $35.00 | | 6,000 pounds | $65.00 | | 8,000 pounds | $82.50 | | 16,000 pounds and over | $96.00; |
(b) If the resultant motor vehicle scale weight is not listed in the table provided in (a) of this subsection, must be increased to the next highest weight; and
(c) Must be distributed under RCW 46.68.415.
(2) A person applying for a motor home vehicle registration shall, in lieu of the motor vehicle weight fee required in subsection (1) of this section, pay a motor home vehicle weight fee of $75 in addition to all other fees and taxes required by law. The motor home vehicle weight fee must be distributed under RCW 46.68.415.
(3) The department shall:
(a) Rely on motor vehicle empty scale weights provided by vehicle manufacturers, or other sources defined by the department, to determine the weight of each motor vehicle; and
(b) Adopt rules for determining weight for vehicles without manufacturer empty scale weights.
[ 2025 c 417 s 105; 2021 c 317 s 19; 2015 3rd sp.s. c 44 s 202; 2010 c 161 s 533. ]
NOTES:
Expiration date—2025 c 417 s 105: "Section 105 of this act expires January 1, 2029." [ 2025 c 417 s 1414.]
Effective date—2025 c 417 ss 104, 105, 107-110, 201-206, 301-303, 604, and 903: See note following RCW 46.17.355.
Applicability—2025 c 417 ss 104, 105, and 107-110: See note following RCW 46.17.355.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
PDFRCW 46.17.365
Motor vehicle weight fee—Motor home vehicle weight fee. (Effective January 1, 2029.)
(1) A person applying for a motor vehicle registration and paying the vehicle license fee required in RCW 46.17.350(1) (a), (d), (e), (h), (j), (n), and (o) shall pay a motor vehicle weight fee in addition to all other fees and taxes required by law.
For vehicle registrations that are due or become due on or after January 1, 2029, the motor vehicle weight fee:
(a) Must be based on the motor vehicle scale weight as follows:
| WEIGHT | FEE | | --- | --- | | 4,000 pounds | $35.00 | | 6,000 pounds | $75.00 | | 8,000 pounds | $90.00 | | 16,000 pounds and over | $110.00; |
(b) If the resultant motor vehicle scale weight is not listed in the table provided in (a) of this subsection, must be increased to the next highest weight; and
(c) Must be distributed under RCW 46.68.415.
(2) A person applying for a motor home vehicle registration shall, in lieu of the motor vehicle weight fee required in subsection (1) of this section, pay a motor home vehicle weight fee of $75 in addition to all other fees and taxes required by law. The motor home vehicle weight fee must be distributed under RCW 46.68.415.
(3) The department shall:
(a) Rely on motor vehicle empty scale weights provided by vehicle manufacturers, or other sources defined by the department, to determine the weight of each motor vehicle; and
(b) Adopt rules for determining weight for vehicles without manufacturer empty scale weights.
[ 2025 c 417 s 106; 2025 c 417 s 105; 2021 c 317 s 19; 2015 3rd sp.s. c 44 s 202; 2010 c 161 s 533.]
Effective date—2025 c 417 s 106: "Section 106 of this act takes effect January 1, 2029." [ 2025 c 417 s 1413.]
Applicability—2025 c 417 s 106: "Section 106 of this act applies to vehicle registrations that are due or become due on or after January 1, 2029." [ 2025 c 417 s 1415.]
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Before accepting an application for registration for a recreational vehicle, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to pay a three dollar fee in addition to any other fees and taxes required by law. The recreational vehicle sanitary disposal fee must be deposited in the RV account created in RCW 46.68.170.
(2) For the purposes of this section, "recreational vehicle" means a camper, motor home, or travel trailer.
[ 2010 c 161 s 534. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Fee increase by department of transportation authorized: RCW 47.01.460.
(1) Before accepting an application for a registration for a recreational vehicle, the department, county auditor, or other agent, or subagent appointed by the director, shall require an applicant to pay an $8 fee in addition to any other fees and taxes required by law.
(2) The abandoned recreational disposal fee must be deposited into the abandoned recreational vehicle disposal account created in RCW 46.68.175.
(3) For the purposes of this section, "recreational vehicle" means a camper, motor home, or travel trailer.
[ 2025 c 417 s 109; 2018 c 287 s 4. ]
NOTES:
Effective date—2025 c 417 ss 104, 105, 107-110, 201-206, 301-303, 604, and 903: See note following RCW 46.17.355.
Applicability—2025 c 417 ss 104, 105, and 107-110: See note following RCW 46.17.355.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Applicability—2018 c 287 s 4: "Section 4 of this act applies to vehicle registrations that are due or become due on or after May 1, 2019." [ 2018 c 287 s 9.]
Findings—Implementation—Effective date—2018 c 287: See notes following RCW 46.55.400.
(1) Before accepting an application for one of the following permits or temporary license plates, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay the following permit or temporary license plate fee by permit or license type in addition to any other fee or tax required by law:
| PERMIT OR LICENSE TYPE | FEE | | AUTHORITY | DISTRIBUTION | | | --- | --- | --- | --- | --- | --- | | (a) Dealer temporary license plate | $ | 40.00 | | RCW 46.16A.300 | RCW 46.68.030 | | (b) Department temporary license plate | $ | .50 | | RCW 46.16A.305 | RCW 46.68.450 | | (c) Farm vehicle trip | $ | 6.25 | | RCW 46.16A.330 | RCW 46.68.035 | | (d) Nonresident military | $ | 10.00 | | RCW 46.16A.340 | RCW 46.68.070 | | (e) Nonresident temporary snowmobile | $ | 5.00 | | RCW 46.10.450 | RCW 46.68.350 | | (f) Special fuel trip | $ | 30.00 | | RCW 82.38.100 | RCW 46.68.460 | | (g) Temporary ORV use | $ | 7.00 | | RCW 46.09.430 | RCW 46.68.045 | | (h) Vehicle trip | $ | 25.00 | | RCW 46.16A.320 | RCW 46.68.455 |
(2) Permit or temporary license plate fees as provided in subsection (1) of this section are in addition to the filing fee required under RCW 46.17.005, except an additional filing fee may not be charged for:
(a) Dealer temporary license plates;
(b) Special fuel trip permits; and
(c) Vehicle trip permits.
(3) $5 of the $40 dealer temporary license plate fee provided in subsection (1)(a) of this section must be credited to the payment of vehicle license fees at the time application for registration is made. $25 of the $40 dealer temporary permit fee provided in subsection (1)(a) of this section must be deposited in the move ahead WA account created in RCW 46.68.510. The remainder must be deposited to the state patrol highway account created in RCW 46.68.030.
[ 2022 c 182 s 204; 2022 c 132 s 6; 2011 c 171 s 62; 2010 c 161 s 535. ]
NOTES:
Reviser's note: This section was amended by 2022 c 132 s 6 and by 2022 c 182 s 204, 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).
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2022 c 132: See note following RCW 46.04.2701.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a transfer of an off-road vehicle registration as required under RCW 46.09.410, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a five dollar off-road vehicle registration transfer fee. The five dollar off-road vehicle registration transfer fee must be distributed under RCW 46.68.020.
[ 2010 c 161 s 536. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Before accepting an application for a transfer of a snowmobile registration as required under RCW 46.10.400, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a five dollar snowmobile registration transfer fee. The five dollar snowmobile registration transfer fee must be distributed under RCW 46.68.350.
[ 2010 c 161 s 537. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The legislature has seen an increase in the demand from constituent groups seeking recognition and funding through the establishment of commemorative or special license plates. The high cost of implementing a new special license plate series coupled with the uncertainty of the state's ability to recoup its costs has led the legislature to delay the implementation of new special license plates. In order to address these issues, it is the intent of the legislature to create a mechanism that will allow for the evaluation of special license plate requests and establish a funding policy that will alleviate the financial burden currently placed on the state. Using these two strategies, the legislature will be better equipped to efficiently process special license plate legislation.
[ 2010 c 161 s 601; 2003 c 196 s 1. Formerly RCW 46.16.700. ]
NOTES:
Reviser's note: 2010 c 161 s 1226 directed that RCW 46.16.700 be recodified under the subchapter heading "review board" under chapter 46.18 RCW. However, recodification under the subchapter heading "general provisions" appears to be more appropriate.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Part headings not law—2003 c 196: "Part headings used in this act are not part of the law." [ 2003 c 196 s 601.]
Persons applying to the department for special license plates shall apply on forms obtained from the department and in accordance with RCW 46.16A.040. The applicant shall provide all information as is required by the department in order to determine the applicant's eligibility for the special license plates.
[ 2011 c 171 s 63; 1997 c 291 s 7; 1990 c 250 s 3. Formerly RCW 46.16.309. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1990 c 250 ss 1-13: See note following RCW 10.05.060.
The director shall adopt rules to implement this chapter, including the setting of fees.
[ 2011 c 171 s 64; 2010 c 161 s 631; 1990 c 250 s 10. Formerly RCW 46.16.335. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1990 c 250 ss 1-13: See note following RCW 10.05.060.
The department shall:
(1) Process special license plate applications and confirm that the sponsoring organization has submitted all required documentation. If an incomplete application is received, the department must return it to the sponsoring organization; and
(2) Compile the annual financial reports submitted by sponsoring organizations with active special license plate series.
[ 2011 c 171 s 65. Prior: 2010 1st sp.s. c 7 s 93; 2010 c 161 s 603; 2005 c 319 s 118; 2003 c 196 s 102. Formerly RCW 46.16.715. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
(1) The department must review and either approve or reject special license plate applications submitted by sponsoring organizations. Except for special license plates created under chapter 385, Laws of 2025, the department may not issue any new special license plates until January 1, 2029, and therefore no applications for any new special license plates may be accepted until January 1, 2029. The department must prominently display this special license plate moratorium on its website.
(2) Duties of the department include, but are not limited to, the following:
(a) Review and approve the annual financial reports submitted by sponsoring organizations with active special license plate series and present those annual financial reports to the joint transportation committee;
(b) Report annually to the joint transportation committee on the special license plate applications that were considered by the department;
(c) Issue approval and rejection notification letters to sponsoring organizations, the executive committee of the joint transportation committee, and the legislative sponsors identified in each application. The letters must be issued within seven days of making a determination on the status of an application; and
(d) Review annually the number of plates sold for each special license plate series created after January 1, 2003. The department may submit a recommendation to discontinue a special plate series to the executive committee of the joint transportation committee.
[ 2025 c 385 s 1; 2017 3rd sp.s. c 25 s 40. Prior: 2016 c 36 s 4; 2016 c 16 s 4; 2016 c 15 s 4; prior: 2014 c 77 s 5; 2014 c 6 s 4; prior: 2013 c 306 s 703; 2013 c 286 s 5; 2012 c 65 s 6; prior: 2011 c 367 s 703; 2011 c 229 s 5; 2011 c 225 s 4; 2011 c 171 s 66; prior: 2010 1st sp.s. c 7 s 94; 2010 c 161 s 604; 2009 c 470 s 710; 2008 c 72 s 2; 2007 c 518 s 711; prior: 2005 c 319 s 119; 2005 c 210 s 7; 2003 c 196 s 103. Formerly RCW 46.16.725. ]
NOTES:
Short title—2025 c 385: "This act is known as Bill's bill act." [ 2025 c 385 s 26.]
Effective date—2016 c 36: See note following RCW 46.18.200.
Effective date—2016 c 16: See note following RCW 46.18.200.
Effective date—2016 c 15: See note following RCW 46.18.200.
Effective date—2014 c 77: See note following RCW 46.18.200.
Effective date—2014 c 6: See note following RCW 46.18.200.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2013 c 286: See note following RCW 46.18.200.
Effective date—2012 c 65: See note following RCW 46.18.200.
Effective date—2011 c 367 ss 703, 704, 716, and 719: "Sections 703, 704, 716, and 719 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2011." [ 2011 c 367 s 1103.]
Effective date—2011 c 229: See note following RCW 46.18.200.
Effective date—2011 c 225: See note following RCW 46.18.200.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2009 c 470: See note following RCW 46.68.170.
Severability—Effective date—2007 c 518: See notes following RCW 46.68.170.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
(1) For an organization to qualify for a special license plate under the special license plate approval program created in this chapter, the sponsoring organization must submit documentation to the department that verifies that the organization is:
(a)(i) A nonprofit organization, as defined in 26 U.S.C. Sec. 501(c)(3). The department may request a copy of an Internal Revenue Service ruling to verify an organization's nonprofit status; and
(ii) Located in Washington state and has registered as a charitable organization with the secretary of state's office as required by law; or
(b)(i) A professional sports franchise located in Washington state; and
(ii) Using the proceeds from a special license plate in conjunction with a nonprofit organization, as defined in 26 U.S.C. Sec. 501(c)(3), solely for the purposes outlined under RCW 46.68.420.
(2) For a governmental body to qualify for a special license plate under the special license plate approval program created in this chapter, a governmental body must be:
(a) A political subdivision including, but not limited to, any county, city, town, municipal corporation, or special purpose taxing district that has the express permission of the political subdivision's executive body to sponsor a special license plate;
(b) A federally recognized tribal government that has received the approval of the executive body of that government to sponsor a special license plate;
(c) A state agency that has received approval from the director of the agency or the department head; or
(d) A community or technical college that has the express permission of the college's board of trustees to sponsor a special license plate.
[ 2013 c 286 s 4; 2010 c 161 s 605; 2004 c 222 s 3; 2003 c 196 s 201. Formerly RCW 46.16.735. ]
NOTES:
Effective date—2013 c 286: See note following RCW 46.18.200.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
(1) A sponsoring organization meeting the requirements of RCW 46.18.100, applying for the creation of a special license plate must, on an application supplied by the department, provide the minimum application requirements in subsection (2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated with the creation and implementation of the special license plate in an amount determined by the department. The department shall place this money into the special license plate applicant trust account created under RCW 46.68.380;
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and long-term marketing plans for each special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate;
(d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate;
(e) Provide proof of organizational qualifications as determined by the department as provided for in RCW 46.18.100;
(f) Provide signature sheets that include signatures from individuals who intend to purchase the special license plate and the number of plates each individual intends to purchase. The sheets must reflect a minimum of three thousand five hundred intended purchases of the special license plate.
(3) After an application is approved by the department, the application need not be reviewed again for a period of three years.
[ 2011 c 171 s 67. Prior: 2010 1st sp.s. c 7 s 95; 2010 c 161 s 606; 2005 c 210 s 8; 2003 c 196 s 301. Formerly RCW 46.16.745. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
(1) Within thirty days of legislative enactment of a new special license plate series for a qualifying organization meeting the requirements of RCW 46.18.100(1), the department shall enter into a written agreement with the organization that sponsored the special license plate. The agreement must identify the services to be performed by the sponsoring organization. The agreement must be consistent with all applicable state law and include the following provision:
"No portion of any funds disbursed under the agreement may be used, directly or indirectly, for any of the following purposes:
(a) Attempting to influence: (i) The passage or defeat of legislation by the legislature of the state of Washington, by a county, city, town, or other political subdivision of the state of Washington, or by the Congress; or (ii) the adoption or rejection of a rule, standard, rate, or other legislative enactment of a state agency;
(b) Making contributions reportable under *chapter 42.17 RCW; or
(c) Providing a: (i) Gift; (ii) honoraria; or (iii) travel, lodging, meals, or entertainment to a public officer or employee."
(2) The sponsoring organization must submit an annual financial report by September 30th of each year to the department detailing actual revenues and expenditures of the revenues received from sales of the special license plate. Consistent with the agreement under subsection (1) of this section, the sponsoring organization must expend the revenues generated from the sale of the special license plate series for the benefit of the public, and it must be spent within this state. Disbursement of the revenue generated from the sale of the special license plate to the sponsoring organization is contingent upon the organization meeting all reporting and review requirements as required by the department.
(3) If the sponsoring organization ceases to exist or the purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates must be deposited into the motor vehicle fund created in RCW 46.68.070.
(4) A sponsoring organization may not seek to redesign its special license plate series until the entire inventory is sold or purchased by the organization itself. All costs for the redesign of a special license plate series must be paid by the sponsoring organization.
[ 2010 c 161 s 608; 2003 c 196 s 303. Formerly RCW 46.16.765. ]
NOTES:
*Reviser's note: Provisions in chapter 42.17 RCW relating to campaign disclosure and contribution were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012. Chapter 42.17A RCW was recodified into Title 29B RCW by 2024 c 164, effective January 1, 2026.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
(1) Revenues generated from the sale of special license plates for those sponsoring organizations who used the application process in RCW 46.18.110 must be deposited into the motor vehicle fund created in RCW 46.68.070 until the department determines that the state's implementation costs have been fully reimbursed.
(2) When it is determined that the state has been fully reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring organization, and the state treasurer, and begin distributing the revenue as otherwise provided by law.
(3) If reimbursement does not occur within two years from the date the special license plate is first offered for sale to the public, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the special license plate series must be discontinued immediately. Special license plates issued before discontinuation are valid until replaced.
(4) The department shall:
(a) Provide the special license plate applicant with a written receipt for the payment; and
(b) Maintain a record of each special license plate applicant trust account deposit including, but not limited to, the name and address of each special license plate applicant whose funds are being deposited, the amount paid, and the date of the deposit.
(5) After the department receives written notice that the special license plate applicant's application has been approved by the legislature, the director shall request that the money be transferred to the motor vehicle fund created in RCW 46.68.070.
(6) After the department receives written notice that the special license plate applicant's application has been denied by the department or the legislature, the director shall provide a refund to the applicant within thirty days.
(7) After the department receives written notice that the special license plate applicant's application has been withdrawn by the special license plate applicant, the director shall provide a refund to the applicant within thirty days.
[ 2014 c 80 s 5; 2011 c 171 s 68. Prior: 2010 1st sp.s. c 7 s 96; 2010 c 161 s 607; 2004 c 222 s 4; 2003 c 196 s 302. Formerly RCW 46.16.755. ]
NOTES:
Application—2014 c 80: See note following RCW 46.16A.200.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
(1) A special license plate series created by the legislature after January 1, 2011, that has not been reviewed and approved by the department is subject to the following requirements:
(a) The organization sponsoring the license plate series shall, within thirty days of enactment of the legislation creating the special license plate series, submit prepayment of all start-up costs associated with the creation and implementation of the special license plate in an amount determined by the department. The prepayment will be credited to the motor vehicle fund created in RCW 46.68.070. The creation and implementation of the special license plate series may not begin until payment is received by the department.
(b) If the sponsoring organization is not able to meet the prepayment requirements in (a) of this subsection and can demonstrate this fact to the satisfaction of the department, the revenues generated from the sale of the special license plates must be deposited in the motor vehicle fund created in RCW 46.68.070 until the department determines that the state's portion of the implementation costs have been fully reimbursed. When it has determined that the state has been fully reimbursed, the department must notify the treasurer to commence distribution of the revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed special license plate design to the department within thirty days of enactment of the legislation creating the special license plate series.
(2) The state must be reimbursed for its portion of the implementation costs within two years from the date the new special license plate series goes on sale to the public. If the reimbursement does not occur within the two-year time frame, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the special license plate series must be discontinued immediately. Those special license plates issued before discontinuation are valid until replaced.
(3) If the sponsoring organization ceases to exist or the purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates must be deposited into the motor vehicle fund created in RCW 46.68.070.
(4) A sponsoring organization may not seek to redesign its special license plate series until the entire existing inventory is sold or purchased by the organization itself. All costs for the redesign of a special license plate series must be paid by the sponsoring organization.
[ 2014 c 80 s 6. Prior: 2010 1st sp.s. c 7 s 97; 2010 c 161 s 609; 2003 c 196 s 304. Formerly RCW 46.16.775. ]
NOTES:
Application—2014 c 80: See note following RCW 46.16A.200.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Part headings not law—2003 c 196: See note following RCW 46.18.005.
The department shall offer special license plate design services to organizations that are sponsoring a new special license plate series and organizations seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this service, the department must work with the requesting organization in determining the specific qualities of the new special license plate design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of two hundred dollars for providing special license plate design services. This fee includes one original special license plate design and up to five additional renditions of the original design. If the organization requests the department to provide further renditions, in addition to the five renditions provided for under the original fee, the department shall collect an additional fee of one hundred dollars per rendition. All revenue collected under this section must be deposited into the multimodal transportation account created in RCW 47.66.070.
[ 2010 c 161 s 610; 2005 c 210 s 6; 2003 c 361 s 502. Formerly RCW 46.16.690. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
(1) Special license plate series reviewed and approved by the department:
(a) May be issued in lieu of standard issue or personalized license plates for vehicles required to display one and two license plates unless otherwise specified;
(b) Must be issued under terms and conditions established by the department;
(c) Must not be issued for vehicles registered under chapter 46.87 RCW; and
(d) Must display a symbol or artwork approved by the department.
(2) The department approves and shall issue the following special license plates, subject to subsections (5) and (6) of this section:
| LICENSE PLATE | DESCRIPTION, SYMBOL, OR ARTWORK | | --- | --- | | 4-H | Displays the "4-H" logo. | | Armed forces collection | Recognizes the contribution of veterans, active duty military personnel, reservists, and members of the national guard, and includes six separate designs, each containing a symbol representing a different branch of the armed forces to include army, navy, air force, marine corps, coast guard, and national guard. | | Breast cancer awareness | Displays a pink ribbon symbolizing breast cancer awareness. | | Donate life | Displays the donate life logo. | | Endangered wildlife | Displays a symbol or artwork symbolizing endangered wildlife in Washington state. | | Firefighter memorial | Displays a Maltese cross with the words "never forget." | | Fred Hutch | Displays the Fred Hutch logo. | | Gonzaga University alumni association | Recognizes the Gonzaga University alumni association. | | Helping kids speak | Recognizes an organization that supports programs that provide no-cost speech pathology programs to children. | | Historical throwback | Displays white lettering on a black background in a style similar to historical license plates issued in the early 20th century. | | Keep kids safe | Recognizes efforts to prevent child abuse and neglect. | | Keep Washington evergreen | Recognizes Washington as the evergreen state and funds electric charging stations. Displays green lettering on a white background in a style similar to the license plates issued by the department in the 1970s, but includes the words evergreen state along the bottom of the plate. | | Law enforcement memorial | Honors law enforcement officers in Washington killed in the line of duty. | | LeMay-America's Car Museum | Displays the LeMay-America's car museum logo, name, or related image. | | Mount St. Helens | Displays an image of Mount St. Helens. | | Music matters | Displays the "Music Matters" logo. | | Nautical Northwest | Displays a Northwest maritime scene. | | Patches pal, or alternative name as designated by the department under RCW 46.04.383 | Displays the likenesses of the J.P. Patches and Gertrude characters from the J.P. Patches show, or characters otherwise identified in accordance with RCW 46.04.383. | | Professional firefighters and paramedics | Recognizes professional firefighters and paramedics who are members of the Washington state council of firefighters. | | San Juan Islands | Displays a symbol or artwork recognizing the San Juan Islands. | | Seattle Mariners | Displays the "Seattle Mariners" logo. | | Seattle NHL hockey | Displays the logo of the Seattle NHL hockey team. | | Seattle Reign FC | Displays the "Seattle Reign FC" logo. | | Seattle Seahawks | Displays the "Seattle Seahawks" logo. | | Seattle Sounders FC | Displays the "Seattle Sounders FC" logo. | | Seattle Storm | Displays the "Seattle Storm" logo. | | Seattle University | Recognizes Seattle University. | | Share the road | Recognizes an organization that promotes bicycle safety and awareness education. | | Ski & ride Washington | Recognizes the Washington snowsports industry. | | Smokey Bear | Displays the name, image, and likeness of Smokey Bear and messages for wildfire prevention. | | State flower | Recognizes the Washington state flower. | | State sport | Recognizes the Washington state sport of pickleball. | | United States Naval Academy | Displays a design related to the United States Naval Academy. | | Volunteer firefighters | Recognizes volunteer firefighters. | | Washington apples | Displays the Washington apple logo that recognizes the state's apple industry, the growers and shippers who produce and pack the world famous apples, and the tree fruit community. | | Washington farmers and ranchers | Recognizes farmers and ranchers in Washington state. | | Washington lighthouses | Recognizes an organization that supports selected Washington state lighthouses and provides environmental education programs. | | Washington state aviation | Displays a Stearman biplane in the foreground with an image of Mount Rainier in the background. | | Washington state honey bees and pollinators | Displays honey bees and pollinators. | | Washington state parks | Recognizes Washington state parks as premier destinations of uncommon quality that preserve significant natural, cultural, historical, and recreational resources. | | Washington state wrestling | Promotes and supports college wrestling in the state of Washington. | | Washington tennis | Builds awareness and year-round opportunities for tennis in Washington state. Displays a symbol or artwork recognizing tennis in Washington state. | | Washington wine | Displays a landscape of Washington's wine regions. | | Washington's fish collection | Recognizes Washington's fish. | | Washington's national park fund | Builds awareness of Washington's national parks and supports priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks. | | Washington's wildlife collection | Recognizes Washington's wildlife. | | We love our pets | Recognizes an organization that assists local member agencies of the federation of animal welfare and control agencies to promote and perform spay/neuter surgery on Washington state pets to reduce pet overpopulation. | | Wild on Washington | Symbolizes wildlife viewing in Washington state. | | Working forests | Displays an image embodying working forests. |
(3) Applicants for initial and renewal professional firefighters and paramedics special license plates must show proof of eligibility by providing a certificate of current membership from the Washington state council of firefighters.
(4) Applicants for initial volunteer firefighters special license plates must (a) have been a volunteer firefighter for at least 10 years or be a volunteer firefighter for one or more years and (b) have documentation of service from the district of the appropriate fire service. If the volunteer firefighter leaves firefighting service before 10 years of service have been completed, the volunteer firefighter shall surrender the license plates to the department on the registration renewal date. If the volunteer firefighter stays in service for at least 10 years and then leaves, the license plate may be retained by the former volunteer firefighter and as long as the license plate is retained for use the person will continue to pay the future registration renewals. A qualifying volunteer firefighter may have no more than one set of license plates per vehicle, and a maximum of two sets per applicant, for their personal vehicles. If the volunteer firefighter is convicted of a violation of RCW 46.61.502 or a felony, the license plates must be surrendered upon conviction.
(5) The department shall not issue the Seattle NHL hockey special license plate until the department receives signature sheets satisfying the requirements identified in RCW 46.18.110(2)(f).
(6) Except for special license plates created under chapter 385, Laws of 2025 and as specified in this subsection, the department may not issue any new special license plates until January 1, 2029.
(a) Beginning November 1, 2025, the department must begin the phased issuance of any of the special license plates created under chapter 385, Laws of 2025 for which the department has received signature sheets that satisfy the requirements identified in RCW 46.18.110(2)(f) before March 1, 2025, the keep Washington evergreen special license plate, and the historical throwback special license plate.
(b) The department must then begin the phased issuance of any of the special license plates created under chapter 385, Laws of 2025 for which the department has received signature sheets after March 1, 2025, that satisfy the requirements identified in RCW 46.18.110(2)(f), with the order of implementation occurring based on the 3,500 signature submission date and the department's ability to implement additional special license plates.
[ 2025 c 385 s 5. Prior: 2022 c 239 s 2; 2022 c 117 s 2; prior: 2020 c 129 s 2; 2020 c 93 s 1; prior: 2019 c 384 s 1; 2019 c 177 s 1; 2018 c 67 s 5; prior: 2017 c 25 s 1; 2017 c 11 s 2; prior: 2016 c 36 s 1; 2016 c 30 s 1; 2016 c 16 s 1; 2016 c 15 s 1; prior: 2014 c 77 s 1; 2014 c 6 s 1; 2013 c 286 s 1; 2012 c 65 s 1; prior: 2011 c 229 s 1; 2011 c 225 s 1; 2011 c 171 s 69; 2010 c 161 s 611. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
Effective date—2022 c 239: See note following RCW 46.17.220.
Effective date—2022 c 117: See note following RCW 46.17.220.
Effective date—2020 c 129: See note following RCW 46.17.220.
Effective date—2020 c 93: "This act takes effect July 1, 2020." [ 2020 c 93 s 5.]
Effective date—2019 c 384: "This act takes effect October 1, 2019." [ 2019 c 384 s 4.]
Effective date—2019 c 177: "This act takes effect October 1, 2019." [ 2019 c 177 s 5.]
Effective date—2018 c 67 ss 3-8: See note following RCW 46.17.220.
Effective date—2017 c 25: "This act takes effect October 1, 2017." [ 2017 c 25 s 5.]
Finding—Intent—2017 c 11: "The legislature finds that the aviation industry and community airports are an integral part of Washington's economy. Washington state is home to public use airports serving an average of eighteen thousand five hundred pilots and over nine thousand aircraft annually. They support two hundred forty-eight thousand five hundred jobs and more than fifty billion dollars in economic activity. Aviators play a vital role in our state's response to emergencies and natural disasters. Therefore, the legislature intends with this act to create the Washington state aviation license plate to honor and support the aviation community." [ 2017 c 11 s 1.]
Effective date—2016 c 36: "This act takes effect January 1, 2017." [ 2016 c 36 s 6.]
Effective date—2016 c 30: "This act takes effect January 1, 2017." [ 2016 c 30 s 6.]
Effective date—2016 c 16: "This act takes effect January 1, 2017." [ 2016 c 16 s 6.]
Effective date—2016 c 15: "This act takes effect January 1, 2017." [ 2016 c 15 s 6.]
Effective date—2014 c 77: "This act takes effect January 1, 2015." [ 2014 c 77 s 7.]
Effective date—2014 c 6: "This act takes effect January 1, 2015." [ 2014 c 6 s 6.]
Effective date—2013 c 286: "This act takes effect January 1, 2014." [ 2013 c 286 s 8.]
Effective date—2012 c 65: "This act takes effect January 1, 2013." [ 2012 c 65 s 7.]
Effective date—2011 c 229: "This act takes effect January 1, 2012." [ 2011 c 229 s 6.]
Effective date—2011 c 225: "This act takes effect January 1, 2012." [ 2011 c 225 s 5.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner may apply to the department for special license plates showing the official amateur radio call letters assigned by the federal communications commission. The amateur radio operator must:
(a) Provide a copy of the current valid federal communications commission amateur radio license;
(b) Pay the amateur radio license plate fee required under RCW 46.17.220(2), in addition to any other fees and taxes due; and
(c) Be recorded as the registered owner of the vehicle on which the amateur radio license plates will be displayed.
(2) Amateur radio license plates must be issued only for motor vehicles owned by persons who have a valid official radio operator license issued by the federal communications commission.
(3) The department shall not issue or may refuse to issue amateur radio license plates that display the consecutive letters "WSP."
(4) A person who has been issued amateur radio operator license plates as provided in this section must:
(a) Notify the department within thirty days after the federal communications commission license assigned is canceled or expires, and return the amateur radio license plates; and
(b) Provide a copy of the renewed federal communications commission license to the department after it is renewed.
(5) Amateur radio license plates may be transferred from one motor vehicle to another motor vehicle owned by the amateur radio operator upon application to the department, county auditor or other agent, or subagent appointed by the director.
(6) Facilities of official amateur radio stations may be utilized to the fullest extent in the work of governmental agencies. The director shall furnish the state military department, the department of commerce, the Washington state patrol, and all county sheriffs a list of the names, addresses, and license plate or official amateur radio call letters of each person possessing the amateur radio license plates.
(7) Failure to return the amateur radio license plates as required under subsection (4) of this section is a traffic infraction.
[ 2025 c 58 s 2028; 2010 c 161 s 616. ]
NOTES:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner may apply to the department for special armed forces license plates for vehicles representing the following:
(a) Air force;
(b) Army;
(c) Coast guard;
(d) Marine corps;
(e) National guard; or
(f) Navy.
(2) Armed forces license plates may be purchased by:
(a) Active duty military personnel;
(b) Families of veterans and service members;
(c) Members of the national guard;
(d) Reservists; or
(e) Veterans, as defined in RCW 41.04.007.
(3) A person who applies for special armed forces license plates shall provide:
(a) DD-214 or discharge papers if the applicant is a veteran;
(b) A military identification card or retired military identification card; or
(c) A declaration of fact attesting to the applicant's eligibility as required under this section.
(4) For the purposes of this section:
(a) "Child" includes stepchild, adopted child, foster child, grandchild, or son or daughter-in-law.
(b) "Family" or "families" includes an individual's spouse, child, parent, sibling, aunt, uncle, or cousin.
(c) "Parent" includes stepparent, grandparent, or in-laws.
(d) "Sibling" includes brother, half brother, stepbrother, sister, half sister, stepsister, or brother or sister-in-law.
(5) Armed forces license plates are not free of charge to disabled veterans, former prisoners of war, or spouses or domestic partners of deceased former prisoners of war under RCW 46.18.235.
[ 2019 c 44 s 5; (2024 c 146 s 24 expired April 1, 2025); 2010 c 161 s 612. ]
NOTES:
Expiration date—2024 c 146 s 24: "Section 24 of this act expires April 1, 2025." [ 2024 c 146 s 39.]
Intent—2024 c 146: See note following RCW 73.04.005.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department must make available, upon request by a purchaser of special armed forces license plates, at no additional cost, a decal indicating the purchaser's military status. The list of available decals must include, but is not limited to:
(a) Active duty;
(b) Disabled veteran;
(c) Reservist;
(d) Retiree;
(e) Veteran; or
(f) Other decals established in cooperation with the department of veterans affairs.
(2) Armed forces decals must be made available only for standard six-inch by twelve-inch license plates. The department may specify where the decal may be placed on the license plate.
(3) The department of veterans affairs must enter into an agreement with the department to reimburse the department for the costs associated with providing military status decals described in this section.
[ 2010 c 161 s 613. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a collector vehicle license plate for a motor vehicle or travel trailer that is at least 30 years old. The motor vehicle must be operated primarily as a collector vehicle and be in good running order. The applicant for the collector vehicle license plate shall:
(a) After January 15, 2026, provide proof of ownership and a valid registration certificate for a second vehicle that will be used for daily driving, commuting, or business purposes;
(b) After January 15, 2026, provide proof of a current vehicle liability insurance policy or collector vehicle insurance policy for the vehicle being registered, with liability limits of at least the amounts listed under RCW 46.29.090;
(c) Purchase a registration for the motor vehicle or travel trailer as required under chapters 46.16A and 46.17 RCW; and
(d) Pay the special license plate fee established under RCW 46.17.220(5), in addition to any other fees or taxes required by law.
(2) A person applying for a collector vehicle license plate may:
(a) Receive a collector vehicle license plate assigned by the department; or
(b) Provide an actual Washington state issued license plate designated for general use in the year of the vehicle's manufacture.
(3) Collector vehicle license plates:
(a) Are valid for the life of the motor vehicle or travel trailer;
(b) Are not required to be renewed; and
(c) Must be displayed on the rear of the motor vehicle or travel trailer.
(4) A collector vehicle registered under this section may only be used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving.
(5) Collector vehicle license plates under subsection (2)(b) of this section may be transferred from one vehicle to another vehicle described in subsection (1) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.
(6) A person driving a motor vehicle with a collector vehicle license plate must maintain collector vehicle insurance with respect to the vehicle and comply with all requirements of chapter 46.30 RCW.
(7) Any person who knowingly provides a false or facsimile license plate under subsection (2)(b) of this section is subject to a traffic infraction and fine in an amount equal to the monetary penalty for a violation of RCW 46.16A.200(7)(b). Additionally, the person must pay for the cost of a collector vehicle license plate as listed in RCW 46.17.220(5), unless already paid.
(8) A collector vehicle that is a motor vehicle may tow a trailer if the trailer is being used for participation in club activities, exhibitions, tours, and parades.
(9) Any person who does not meet the requirements of subsections (1) through (8) of this section must surrender the current license plate or plates to the department, county auditor or other agent, or subagent appointed by the director. A person whose collector vehicle registration has been canceled may operate the vehicle once the applicable requirements of chapters 46.16A and 46.17 RCW have been satisfied.
(10) The department is authorized to make exceptions to the requirements under subsection (1)(a) of this section if the owner demonstrates to the department's satisfaction that the owner has alternative means for addressing the owner's regular transportation needs.
(11) The requirements of subsections (1)(b) and (6) of this section apply only when the collector vehicle is operated on a public highway pursuant to RCW 46.30.020.
(12) The department shall adopt rules to define collector vehicle insurance for the purposes of this section.
[ 2025 c 332 s 4; 2024 c 131 s 1; 2015 c 200 s 3. Prior: 2011 c 243 s 1; 2011 c 171 s 70; 2010 c 161 s 617. ]
NOTES:
Effective date—2025 c 332: See note following RCW 46.18.255.
Effective date—2015 c 200: See note following RCW 46.16A.428.
Effective date—2011 c 243 s 1: "Section 1 of this act takes effect August 1, 2011." [ 2011 c 243 s 3.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department must provide a method by which law enforcement officers may readily access vehicle information for collector vehicles by using the collector vehicle license plate number. In the event duplicate license plate numbers have been issued to more than one collector vehicle, the department must provide a method for law enforcement officers to identify the correct vehicle.
[ 2011 c 243 s 2. ]
NOTES:
Effective date—2011 c 243 s 2: "Section 2 of this act takes effect January 1, 2012." [ 2011 c 243 s 4.]
A state university, regional university, or state college as defined in RCW 28B.10.016 may apply to the department, in a form approved by the department and request the department to issue a series of collegiate license plates, for display on motor vehicles required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, depicting the name and mascot or symbol of the college or university, as submitted and approved for use by the requesting institution.
[ 2011 c 332 s 4; 2010 c 161 s 615; 1994 c 194 s 3. Formerly RCW 46.16.324. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who has been awarded the Medal of Honor may apply to the department for no more than three special license plate sets for use on no more than three motor vehicles required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The Medal of Honor recipient must:
(a) Provide proof from the Washington state department of veterans affairs showing receipt of the medal; and
(b) Be recorded as one of the registered owners of the motor vehicle on which the Medal of Honor license plate or plates will be displayed.
(2) Medal of Honor license plates must be issued:
(a) For no more than three personal motor vehicles owned by a person who has received the Medal of Honor; and
(b) Without payment of vehicle license fees, license plate fees, and motor vehicle excise taxes.
(3) Medal of Honor license plates must be replaced, free of charge, if the license plates become lost, stolen, damaged, defaced, or destroyed.
(4) A Medal of Honor license plate or plates may be transferred, free of charge, from one motor vehicle to another motor vehicle owned by the Medal of Honor recipient upon application to the department, county auditor or other agent, or subagent appointed by the director.
(5) A registered owner who is eligible for Medal of Honor license plates may, in lieu of applying for the special license plates under this section, apply for regular issue license plates for no more than three personal motor vehicles owned by the registered owner and receive the full benefit of the vehicle license fee, license plate fee, and motor vehicle excise tax exemptions provided in subsection (2)(b) of this section.
[ 2014 c 181 s 1; 2011 c 332 s 5; 2010 c 161 s 618. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who is a veteran, as defined in RCW 41.04.007, may apply to the department for disabled American veteran or former prisoner of war license plates, for use on one personal use motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The veteran must be recorded as the registered owner of the motor vehicle on which the disabled American veteran or former prisoner of war license plate or plates will be displayed and:
(a) Provide certification from the veterans administration or the military service from which the veteran was discharged that the veteran has a service-connected disability rating;
(b) Have lost the use of both hands or one foot;
(c) Have been captured and incarcerated by an enemy of the United States during a period of war with the United States and have received a prisoner of war medal;
(d) Have become blind in both eyes as the result of military service; or
(e) Be rated by the veterans administration or the military service from which the veteran was discharged and be receiving service-connected compensation at the one hundred percent rate that is expected to exist for more than one year.
(2) The special license plates under this section must:
(a) Display distinguishing marks, letters, or numerals indicating that the registered owner is a disabled American veteran or former prisoner of war; and
(b) Be issued for one personal use vehicle without the payment of any vehicle license fees, license plate fees, or excise taxes.
(3) A registered owner who is a veteran, as defined in RCW 41.04.007, may, in lieu of applying for the special license plates under this section, apply for regular issue or any qualifying special license plate and receive the full benefit of the vehicle license fee and excise tax exemption provided in subsection (2)(b) of this section.
(4) The department may periodically verify the one hundred percent rate as described in subsection (1)(e) of this section.
(5) A veteran who has been issued disabled American veteran or former prisoner of war license plates under this section before July 1, 1983, continues to be eligible for the vehicle license fee and excise tax exemption described in subsection (2)(b) of this section.
(6) A disabled American veteran and former prisoner of war license plate or plates may be transferred from one motor vehicle to another motor vehicle owned by the veteran upon application to the department, county auditor or other agent, or subagent appointed by the director.
(7) For the purposes of this section:
(a) "Blind" means the definition of "blind" used by the state of Washington in determining eligibility for financial assistance to the blind under Title 74 RCW; and
(b) "Special license plates" does not include any plate from the armed forces license plate collection established in *RCW 46.18.200(3).
(8) Any unauthorized use of a special license plate under this section is a gross misdemeanor.
[ 2011 c 332 s 6; 2010 c 161 s 619. ]
NOTES:
*Reviser's note: RCW 46.18.200 was amended by 2011 c 229 s 1, 2011 c 225 s 1, and 2011 c 171 s 69, each changing subsection (3) to subsection (2).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who is an eligible family member of a member of the United States armed forces who died while in service to his or her country, or as a result of his or her service, may apply to the department for special gold star license plates for use on a motor vehicle. The registered owner must:
(a) Be a resident of this state;
(b) Provide proof to the satisfaction of the department that the registered owner is an eligible family member, which includes:
(i) A widow;
(ii) A widower;
(iii) A biological parent;
(iv) An adoptive parent;
(v) A stepparent;
(vi) An adult in loco parentis or foster parent;
(vii) A biological child;
(viii) An adopted child; or
(ix) A sibling;
(c) Provide certification from the Washington state department of veterans affairs that the registered owner qualifies for the special license plate under this section; and
(d) Be recorded as the registered owner of the motor vehicle on which the gold star license plates will be displayed.
(2) In lieu of applying for a gold star license plate under this section, an eligible widow or widower under subsection (1)(b) of this section may apply for a standard issue license plate or any qualifying special license plate for one personal use motor vehicle and be exempt from payment of annual vehicle registration fees, motor vehicle excise taxes, and license plate fees for that vehicle.
(3)(a) For a widow, a widower, a biological parent, an adoptive parent, a stepparent, or an adult in loco parentis or foster parent applicant, a gold star license plate must be issued:
(i) Only for motor vehicles owned by qualifying applicants; and
(ii) Without payment of any vehicle license fees, license plate fees, and motor vehicle excise taxes for one motor vehicle. For other motor vehicles, a qualified widow, a widower, a biological parent, an adoptive parent, a stepparent, or an adult in loco parentis or foster parent applicant may purchase gold star license plates without payment of any license plate fees, but the applicant must pay all other fees and taxes required by law for registering the motor vehicle.
(b) For a biological child, an adopted child, or a sibling applicant, a gold star license plate must be issued:
(i) Only for motor vehicles owned by qualifying applicants; and
(ii) Without payment of any license plate fees but the applicant must pay all other fees and taxes required by law for registering the motor vehicle.
(4) Gold star license plates must be replaced, free of charge, if the license plates become lost, stolen, damaged, defaced, or destroyed.
(5) Gold star license plates may be transferred from one motor vehicle to another motor vehicle owned by the eligible family member, as described in subsection (1) of this section, upon application to the department, county auditor or other agent, or subagent appointed by the director.
[ 2019 c 210 s 1; 2017 c 24 s 1; 2015 c 208 s 1; 2013 c 137 s 1; 2010 c 161 s 621. ]
NOTES:
Effective date—2013 c 137: "This act takes effect August 1, 2013." [ 2013 c 137 s 2.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a horseless carriage license plate for a motor vehicle that is manufactured or built before January 1, 1916. The motor vehicle must be operated primarily as a collector vehicle and be in good running order. The applicant for the horseless carriage license plate shall:
(a) Purchase a registration for the motor vehicle as required under chapters 46.16A and 46.17 RCW; and
(b) Pay the special license plate fee established under *RCW 46.17.220(11), in addition to any other fees or taxes required by law.
(2) Horseless carriage license plates:
(a) Are valid for the life of the motor vehicle;
(b) Are not required to be renewed;
(c) Are not transferable to any other motor vehicle; and
(d) Must be displayed on the rear of the motor vehicle.
[ 2025 c 332 s 3; 2020 c 18 s 15; 2011 c 171 s 71; 2010 c 161 s 623. ]
NOTES:
*Reviser's note: RCW 46.17.220 was amended by 2025 c 385 s 4, changing subsection (11) to subsection (14), effective November 1, 2025.
Effective date—2025 c 332: "This act takes effect January 15, 2026." [ 2025 c 332 s 6.]
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who has a valid military affiliate radio system station license may apply to the department for special license plates for use on only one motor vehicle owned by the qualified applicant. The applicant must:
(a) Be a resident of this state;
(b) Provide a copy of the current official military affiliate radio system station license authorized by the department of defense and issued by the United States army, air force, navy, or marine corps;
(c) Be recorded as the registered owner of the motor vehicle on which the military affiliate radio system license plates will be displayed; and
(d) Pay the military affiliate radio system license plate fee required under *RCW 46.17.220(14), in addition to any other fees or taxes required by law.
(2) A person who has been issued military affiliate radio system license plates as provided in this section must:
(a) Notify the department if the military affiliate radio system station license assigned is canceled or expires; and
(b) Provide a copy of the renewed military affiliate radio system station license to the department when it is renewed.
(3) Military affiliate radio system license plates:
(a) Are not available for motorcycles; and
(b) May be transferred from one motor vehicle to another motor vehicle owned by the military affiliate radio system operator upon application to the department, county auditor or other agent, or subagent appointed by the director.
[ 2020 c 18 s 16; 2010 c 161 s 624. ]
NOTES:
*Reviser's note: RCW 46.17.220 was amended by 2025 c 385 s 4, changing subsection (14) to subsection (19), effective November 1, 2025.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who has survived the attack on Pearl Harbor on December 7, 1941, may apply to the department for special license plates for use on only one motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, and owned by the qualified applicant. The applicant must:
(a) Be a resident of this state;
(b) Have been a member of the United States armed forces on December 7, 1941;
(c) Have been on station on December 7, 1941, between the hours of 7:55 a.m. and 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three miles;
(d) Have received a qualifying discharge, as defined in RCW 73.04.005, from the United States armed forces;
(e) Provide certification by a Washington state chapter of the Pearl Harbor survivors association showing that qualifications in (c) of this subsection have been met;
(f) Be recorded as the registered owner of the motor vehicle on which the Pearl Harbor survivor license plate or plates will be displayed; and
(g) Pay all fees and taxes required by law for registering the motor vehicle.
(2) Pearl Harbor survivor license plates must be issued without the payment of any license plate fee.
(3) Pearl Harbor survivor license plates must be replaced, free of charge, if the license plates have become lost, stolen, damaged, defaced, or destroyed.
(4) Pearl Harbor survivor license plates may be issued to the surviving spouse or domestic partner of a Pearl Harbor survivor who met the requirements in subsection (1) of this section. The surviving spouse or domestic partner must be a resident of this state. If the surviving spouse remarries or the surviving domestic partner marries or enters into a new domestic partnership, he or she must return the special license plates to the department within fifteen days and apply for regular license plates or another type of special license plate.
(5) A Pearl Harbor survivor license plate or plates may be transferred from one motor vehicle to another motor vehicle owned by the Pearl Harbor survivor or the surviving spouse or domestic partner as described in subsection (4) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.
[ 2024 c 146 s 25; 2011 c 332 s 7; 2010 c 161 s 625. ]
NOTES:
Effective date—2024 c 146 ss 25-27: "Sections 25 through 27 of this act take effect April 1, 2025." [ 2024 c 146 s 38.]
Intent—2024 c 146: See note following RCW 73.04.005.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner may apply to the department for a personalized license plate for any vehicle required to display one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The application for personalized license plates must contain the combination of letters or numbers, or both, requested by the registered owner.
(2) Personalized license plates must:
(a) Be the same design as standard issue license plates;
(b) Consist of numbers or letters or any combination of numbers or letters;
(c) Not exceed seven positions unless proposed by the department and approved by the Washington state patrol; and
(d) Not contain less than one character.
(3) A person who purchased personalized license plates containing three letters and three digits on or between the dates of August 9, 1971, and November 6, 1973, is not required to pay the additional annual renewal fee described in RCW 46.17.210.
(4) The department shall not issue or may refuse to issue personalized license plates that:
(a) Duplicate or conflict with an existing or projected vehicle license plate series or other numbering systems for records kept by the department; or
(b) May carry connotations offensive to good taste and decency or which would be misleading.
(5) Personalized license plates must be issued only to the registered owner of the vehicle on which they are to be displayed. The registered owner must:
(a) Pay the personalized license plate fee required under RCW 46.17.210, in addition to any other fee or taxes due;
(b) Renew personalized license plates annually, regardless of whether or not the vehicle on which the personalized license plates are displayed will be driven on the public highways;
(c) Surrender personalized license plates that have not been renewed to the department. The failure to surrender expired personalized license plates is a traffic infraction; and
(d) Immediately report to the department when personalized license plates have been transferred to another vehicle or another owner.
(6) The department may establish rules as necessary to carry out this section including, but not limited to, identifying the maximum number of positions on personalized license plates for motorcycles.
[ 2010 c 161 s 626. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner may purchase personalized license plates with a special license plate background for any vehicle required to display one or two vehicle license plates, excluding:
(a) Amateur radio license plates;
(b) Collector vehicle license plates;
(c) Disabled American veteran license plates;
(d) Former prisoner of war license plates;
(e) Horseless carriage license plates;
(f) Medal of Honor license plates;
(g) Military affiliate radio system license plates;
(h) Pearl Harbor survivor license plates;
(i) Restored license plates; and
(j) Vehicles registered under chapter 46.87 RCW.
(2) Personalized special license plates issued under this section must:
(a) Consist of numbers or letters or any combination of numbers or letters;
(b) Not exceed seven characters; and
(c) Not contain less than one character.
(3) The department may not issue or may refuse to issue personalized special license plates that:
(a) Duplicate or conflict with existing or projected vehicle license plate series or other numbering systems for records kept by the department; or
(b) May carry connotations offensive to good taste and decency or which would be misleading.
(4) Personalized special license plates must be issued only to the registered owner of the vehicle on which they are to be displayed. The registered owner must:
(a) Pay both the personalized license plate fee required under RCW 46.17.210 and the special license plate fee required under the applicable special license plate provision, in addition to any other fee or taxes due. License plate fees must be distributed as provided in chapter 46.68 RCW;
(b) Renew personalized special license plates annually, regardless of whether or not the vehicle on which the personalized special license plates are displayed will be driven on the public highways;
(c) Surrender personalized special license plates that have not been renewed to the department. The failure to surrender expired personalized special license plates is a traffic infraction; and
(d) Immediately report to the department when personalized special license plates have been transferred to another vehicle or another owner.
(5) The department may establish rules as necessary to carry out this section including, but not limited to, identifying the maximum number of positions on personalized special license plates for motorcycles.
[ 2014 c 181 s 3; 2010 c 161 s 627. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who has been awarded a Purple Heart medal by any branch of the United States armed forces, including the merchant marines and the women's air forces service pilots may apply to the department for special license plates for use on a motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, and owned by the qualified applicant. The applicant must:
(a) Be a resident of this state;
(b) Have been wounded during one of this nation's wars or conflicts identified in RCW 41.04.005;
(c) Have received a qualifying discharge, as defined in RCW 73.04.005, from the United States armed forces;
(d) Provide a copy of the armed forces document showing the recipient was awarded the Purple Heart medal; and
(e) Be recorded as the registered owner of the motor vehicle on which the Purple Heart license plate or plates will be displayed.
(2) Purple Heart license plates must be issued without the payment of any vehicle license fees, license plate fees, motor vehicle excise taxes, and special license plate fees for one motor vehicle. For other motor vehicles, qualified applicants may purchase Purple Heart license plates for the fee required under *RCW 46.17.220(18) and all other fees and taxes required by law for registering the motor vehicle.
(3) Purple Heart license plates may be issued to the surviving spouse or domestic partner of a Purple Heart recipient who met the requirements in subsection (1) of this section. The surviving spouse or domestic partner must be a resident of this state. If the surviving spouse remarries or the surviving domestic partner marries or enters into a new domestic partnership, he or she must return the special license plates to the department within fifteen days and apply for regular license plates or another type of special license plate.
(4) A Purple Heart license plate or plates may be transferred from one motor vehicle to another motor vehicle owned by the Purple Heart recipient or the surviving spouse or domestic partner as described in subsection (3) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.
[ 2024 c 146 s 26; 2019 c 139 s 1; 2016 c 31 s 1; 2011 c 332 s 8; 2010 c 161 s 628. ]
NOTES:
*Reviser's note: RCW 46.17.220 was amended by 2025 c 385 s 4, changing subsection (18) to subsection (25), effective November 1, 2025.
Effective date—2024 c 146 ss 25-27: See note following RCW 46.18.270.
Intent—2024 c 146: See note following RCW 73.04.005.
Effective date—2016 c 31: "This act takes effect July 1, 2017." [ 2016 c 31 s 5.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A registered owner who uses a passenger motor vehicle for ride sharing or ride sharing for persons with special transportation needs, as defined in RCW 46.74.010, shall apply to the department, county auditor or other agent, or subagent appointed by the director for special ride share license plates. The registered owner must qualify for the tax exemptions provided in RCW 82.08.0287, 82.12.0282, or 82.44.015, and pay the special ride share license plate fee required under *RCW 46.17.220(18) when the special ride share license plates are initially issued.
(2) The special ride share license plates:
(a) Must be of a distinguishing separate numerical series or design as defined by the department;
(b) Must be returned to the department when no longer in use or when the registered owner no longer qualifies for the tax exemptions provided in subsection (1) of this section; and
(c) Are not required to be renewed annually for motor vehicles described in RCW 46.16A.170.
(3) Special ride share license plates may be transferred from one motor vehicle to another motor vehicle as described in subsection (1) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.
(4) Any person who knowingly makes a false statement of a material fact in the application for a special license plate under subsection (1) of this section is guilty of a gross misdemeanor.
[ 2021 c 135 s 1; 2020 c 18 s 17; 2011 c 171 s 72; 2010 c 161 s 629. ]
NOTES:
*Reviser's note: RCW 46.17.220 was amended by 2022 c 239 s 1, changing subsection (18) to subsection (19), effective October 1, 2022. RCW 46.17.220 was subsequently amended by 2025 c 385 s 4, changing subsection (19) to subsection (26), effective November 1, 2025.
Effective date—2021 c 135: "This act takes effect September 1, 2021." [ 2021 c 135 s 11.]
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a square dancer license plate. The registered owner shall pay the special license plate fee required under *RCW 46.17.220(27), in addition to any other fee or tax required by law. The square dancer license plate may be issued in lieu of standard issue or personalized license plates for motor vehicles required to display one or two license plates, but may not be issued for vehicles registered under chapter 46.87 RCW.
[ 2020 c 18 s 18; 2011 c 332 s 9; 2010 c 161 s 630. ]
NOTES:
*Reviser's note: RCW 46.17.220 was amended by 2020 c 129 s 1, changing subsection (27) to subsection (28), effective October 1, 2020. RCW 46.17.220 was amended by 2022 c 239 s 1, changing subsection (28) to subsection (29), effective October 1, 2022. RCW 46.17.220 was subsequently amended by 2025 c 385 s 4, changing subsection (29) to subsection (38), effective November 1, 2025.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Veterans and active duty military personnel may purchase a veterans remembrance emblem, campaign medal emblem, or military service award emblem. The emblem is to be displayed on license plates in the manner described by the department, existing vehicular registration procedures, and current laws.
(2) For purposes of this section:
(a) "Active duty military personnel" means an individual serving on active duty in the United States armed forces.
(b) "Veteran" has the meaning defined in RCW 41.04.007.
(3) Veterans and active duty military personnel who served during periods of war or armed conflict may purchase a remembrance emblem depicting campaign ribbons which they were awarded.
(4) The following campaign ribbon remembrance emblems are available:
(a) World War I victory medal;
(b) World War II Asiatic-Pacific campaign medal;
(c) World War II European-African Middle East campaign medal;
(d) World War II American campaign medal;
(e) Korean service medal;
(f) Vietnam service medal;
(g) Armed forces expeditionary medal awarded after 1958; and
(h) Southwest Asia medal.
The director may issue additional campaign ribbon emblems by rule as authorized decorations by the United States department of defense.
(5) The following military service award emblems are available:
(a) Distinguished Service Cross;
(b) Navy Cross;
(c) Air Force Cross;
(d) Silver Star medal; and
(e) Bronze Star medal.
(6) Veterans or active duty military personnel requesting a veteran remembrance emblem, campaign medal emblem, or military service award emblem or emblems must:
(a) Pay a prescribed fee set by the department; and
(b) Show proof of eligibility through:
(i) Providing a DD-214 or discharge papers, as well as necessary documentation to prove eligibility as a veteran with an other than honorable characterization of service, if a veteran;
(ii) Providing a copy of orders awarding a campaign ribbon if an individual serving on military active duty;
(iii) Providing a copy of orders awarding a military service award; or
(iv) Attesting in a notarized affidavit of their eligibility as required under this section.
(7) Veterans or active duty military personnel who purchase a veteran remembrance emblem, campaign medal emblem, or military service award emblem must be the legal or registered owner of the vehicle on which the emblem is to be displayed.
[ 2024 c 146 s 27; 2012 c 69 s 1; 2011 c 171 s 73; 1997 c 234 s 1; 1991 c 339 s 11; 1990 c 250 s 6. Formerly RCW 46.16.319. ]
NOTES:
Effective date—2024 c 146 ss 25-27: See note following RCW 46.18.270.
Intent—2024 c 146: See note following RCW 73.04.005.
Effective date—2012 c 69: "This act takes effect January 1, 2013." [ 2012 c 69 s 3.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1990 c 250 ss 1-13: See note following RCW 10.05.060.
(1) The general public may purchase a prevent veteran suicide emblem for a prescribed fee set by the department. The emblem must be displayed on license plates in the manner described by the department, existing vehicular registration procedures, and current laws.
(2) The department, in creating the prevent veteran suicide emblem, must consult with the department of veterans affairs on the design of the emblem. The emblem must incorporate the 988 suicide prevention hotline or its successor.
(3) Revenues from the prevent veteran suicide emblem must be deposited into the veterans and military members suicide prevention account created in RCW 43.60A.270.
[ 2022 c 191 s 8. ]
NOTES:
Effective date—2022 c 191 s 8: "Section 8 of this act takes effect October 1, 2022." [ 2022 c 191 s 15.]
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.
(1) The department shall create, design, and issue a keep Washington evergreen license plate that may be used in lieu of standard issue or personalized license plates for motor vehicles required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department.
(2) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a keep Washington evergreen license plate. The registered owner shall pay the special license plate fee required under RCW 46.17.220(16), in addition to any other fee or tax required by law.
[ 2025 c 385 s 10. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
(1) A natural person who has a disability that meets one of the following criteria may apply for special parking privileges:
(a) Cannot walk ((two hundred))200 feet without stopping to rest;
(b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;
(c) Has such a severe disability that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to an extent that forced expiratory respiratory volume, when measured by spirometry, is less than one liter per second or the arterial oxygen tension is less than ((sixty))60 mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American heart association;
(g) Has a disability resulting from an acute sensitivity to automobile emissions that limits or impairs the ability to walk. The personal physician, *advanced registered nurse practitioner, or physician assistant of the applicant shall document that the disability is comparable in severity to the others listed in this subsection;
(h) Has limited mobility and has no vision or whose vision with corrective lenses is so limited that the person requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by persons with normal vision;
(i) Has an eye condition of a progressive nature that may lead to blindness; ((or))
(j) Is restricted by a form of porphyria to the extent that the applicant would significantly benefit from a decrease in exposure to light; or
(k) Is a veteran, as defined in RCW 41.04.007, who has a 70 percent or higher disability rating from the United States armed forces or United States department of veterans affairs and uses a service animal as defined in 28 C.F.R. 35.104.
(2) The disability in subsection (1)(a) through (j) of this section must be determined by either:
(a) A licensed physician;
(b) An *advanced registered nurse practitioner licensed under chapter 18.79 RCW; or
(c) A physician assistant licensed under chapter 18.71A RCW.
(3) A health care practitioner listed under subsection (2) of this section who is authorizing a parking permit for purposes of this chapter must provide a signed written authorization: On a prescription pad or paper, as defined in RCW 18.64.500; on office letterhead; or by electronic means, as described by the director in rule.
(((4) The application for special parking privileges for persons with disabilities must contain:
(a) The following statement immediately below the physician's, advanced registered nurse practitioner's, or physician assistant's signature: "A parking permit for a person with disabilities may be issued only for a medical necessity that severely affects mobility or involves acute sensitivity to light (RCW 46.19.010). An applicant or health care practitioner who knowingly provides false information on this application is guilty of a gross misdemeanor. The penalty is up to three hundred sixty-four days in jail and a fine of up to $5,000 or both. In addition, the health care practitioner may be subject to sanctions under chapter 18.130 RCW, the Uniform Disciplinary Act"; and
(b) Other information as required by the department.
(5) A natural person who has a disability described in subsection (1) of this section and is expected to improve within twelve months may be issued a temporary placard for a period not to exceed twelve months. If the disability exists after twelve months, a new temporary placard must be issued upon receipt of a new application with certification from the person's physician as prescribed in subsections (3) and (4) of this section. Special license plates for persons with disabilities may not be issued to a person with a temporary disability.
(6) A natural person who qualifies for special parking privileges under this section must receive an identification card showing the name and date of birth of the person to whom the parking privilege has been issued and the serial number of the placard.
(7) A natural person who qualifies for permanent special parking privileges under this section may receive one of the following:
(a) Up to two parking placards;
(b) One set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed;
(c) One parking placard and one set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed; or
(d) One special parking year tab for persons with disabilities and one parking placard.
(8) Parking placards and identification cards described in this section must be issued free of charge.
(9) The parking placard and identification card must be immediately returned to the department upon the placard holder's death.))
[ 2025 c 295 s 1; 2020 c 80 s 32; 2017 c 112 s 1; 2014 c 124 s 2; 2011 c 96 s 32; 2010 c 161 s 701. ]
NOTES:
Reviser's note: *(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) RCW 46.19.010 was amended twice during the 2025 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Expiration date—2025 c 295 ss 1, 3, and 4: "Sections 1, 3, and 4 of this act expire October 1, 2035." [ 2025 c 295 s 6.]
Effective date—2025 c 295: "This act takes effect October 1, 2025." [ 2025 c 295 s 5.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—Intent—2014 c 124: "(1) The legislature finds that there is a history of abuse of special parking privileges for persons with disabilities that requires changes to maintain public safety and good order.
(2) It is the intent of the legislature to: (a) Decrease the amount of unlawful use of special parking privileges for persons with disabilities; (b) not create additional burdens for those in need of special parking privileges for persons with disabilities; (c) provide local jurisdictions with the authority to improve their administration of on-street parking; (d) encourage the department of licensing to implement the recommendations of the disabled parking work group in regards to placard and application changes; and (e) encourage the department of licensing to consider parking information system upgrades related to special parking privileges for persons with disabilities in its pursuit of technology modernization." [ 2014 c 124 s 1.]
Effective date—2014 c 124: "This act takes effect July 1, 2015." [ 2014 c 124 s 10.]
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
PDFRCW 46.19.010
Criteria for natural persons—Application—Identification cards, placards, and license plates (as amended by 2025 c 58). (Effective June 30, 2027.)
(1) A natural person who has a disability that meets one of the following criteria may apply for special parking privileges:
(a) Cannot walk two hundred feet without stopping to rest;
(b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;
(c) Has such a severe disability that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to an extent that forced expiratory respiratory volume, when measured by spirometry, is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American heart association;
(g) Has a disability resulting from an acute sensitivity to automobile emissions that limits or impairs the ability to walk. The personal physician, advanced ((registered nurse practitioner))practice registered nurse, or physician assistant of the applicant shall document that the disability is comparable in severity to the others listed in this subsection;
(h) Has limited mobility and has no vision or whose vision with corrective lenses is so limited that the person requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by persons with normal vision;
(i) Has an eye condition of a progressive nature that may lead to blindness; or
(j) Is restricted by a form of porphyria to the extent that the applicant would significantly benefit from a decrease in exposure to light.
(2) The disability must be determined by either:
(a) A licensed physician;
(b) An advanced ((registered nurse practitioner))practice registered nurse licensed under chapter 18.79 RCW; or
(c) A physician assistant licensed under chapter 18.71A RCW.
(3) A health care practitioner listed under subsection (2) of this section who is authorizing a parking permit for purposes of this chapter must provide a signed written authorization: On a prescription pad or paper, as defined in RCW 18.64.500; on office letterhead; or by electronic means, as described by the director in rule.
(4) The application for special parking privileges for persons with disabilities must contain:
(a) The following statement immediately below the physician's, advanced ((registered nurse practitioner's))practice registered nurse's, or physician assistant's signature: "A parking permit for a person with disabilities may be issued only for a medical necessity that severely affects mobility or involves acute sensitivity to light (RCW 46.19.010). An applicant or health care practitioner who knowingly provides false information on this application is guilty of a gross misdemeanor. The penalty is up to three hundred sixty-four days in jail and a fine of up to $5,000 or both. In addition, the health care practitioner may be subject to sanctions under chapter 18.130 RCW, the Uniform Disciplinary Act"; and
(b) Other information as required by the department.
(5) A natural person who has a disability described in subsection (1) of this section and is expected to improve within twelve months may be issued a temporary placard for a period not to exceed twelve months. If the disability exists after twelve months, a new temporary placard must be issued upon receipt of a new application with certification from the person's physician as prescribed in subsections (3) and (4) of this section. Special license plates for persons with disabilities may not be issued to a person with a temporary disability.
(6) A natural person who qualifies for special parking privileges under this section must receive an identification card showing the name and date of birth of the person to whom the parking privilege has been issued and the serial number of the placard.
(7) A natural person who qualifies for permanent special parking privileges under this section may receive one of the following:
(a) Up to two parking placards;
(b) One set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed;
(c) One parking placard and one set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed; or
(d) One special parking year tab for persons with disabilities and one parking placard.
(8) Parking placards and identification cards described in this section must be issued free of charge.
(9) The parking placard and identification card must be immediately returned to the department upon the placard holder's death.
[ 2025 c 58 s 5096; 2020 c 80 s 32; 2017 c 112 s 1; 2014 c 124 s 2; 2011 c 96 s 32; 2010 c 161 s 701.]
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
PDFRCW 46.19.010
Criteria for natural persons—Application—Identification cards, placards, and license plates. (Effective October 1, 2035.)
(1) A natural person who has a disability that meets one of the following criteria may apply for special parking privileges:
(a) Cannot walk two hundred feet without stopping to rest;
(b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;
(c) Has such a severe disability that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to an extent that forced expiratory respiratory volume, when measured by spirometry, is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American heart association;
(g) Has a disability resulting from an acute sensitivity to automobile emissions that limits or impairs the ability to walk. The personal physician, *advanced registered nurse practitioner, or physician assistant of the applicant shall document that the disability is comparable in severity to the others listed in this subsection;
(h) Has limited mobility and has no vision or whose vision with corrective lenses is so limited that the person requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by persons with normal vision;
(i) Has an eye condition of a progressive nature that may lead to blindness; or
(j) Is restricted by a form of porphyria to the extent that the applicant would significantly benefit from a decrease in exposure to light.
(2) The disability must be determined by either:
(a) A licensed physician;
(b) An *advanced registered nurse practitioner licensed under chapter 18.79 RCW; or
(c) A physician assistant licensed under chapter 18.71A RCW.
(3) A health care practitioner listed under subsection (2) of this section who is authorizing a parking permit for purposes of this chapter must provide a signed written authorization: On a prescription pad or paper, as defined in RCW 18.64.500; on office letterhead; or by electronic means, as described by the director in rule.
(4) The application for special parking privileges for persons with disabilities must contain:
(a) The following statement immediately below the physician's, *advanced registered nurse practitioner's, or physician assistant's signature: "A parking permit for a person with disabilities may be issued only for a medical necessity that severely affects mobility or involves acute sensitivity to light (RCW 46.19.010). An applicant or health care practitioner who knowingly provides false information on this application is guilty of a gross misdemeanor. The penalty is up to three hundred sixty-four days in jail and a fine of up to $5,000 or both. In addition, the health care practitioner may be subject to sanctions under chapter 18.130 RCW, the Uniform Disciplinary Act"; and
(b) Other information as required by the department.
(5) A natural person who has a disability described in subsection (1) of this section and is expected to improve within twelve months may be issued a temporary placard for a period not to exceed twelve months. If the disability exists after twelve months, a new temporary placard must be issued upon receipt of a new application with certification from the person's physician as prescribed in subsections (3) and (4) of this section. Special license plates for persons with disabilities may not be issued to a person with a temporary disability.
(6) A natural person who qualifies for special parking privileges under this section must receive an identification card showing the name and date of birth of the person to whom the parking privilege has been issued and the serial number of the placard.
(7) A natural person who qualifies for permanent special parking privileges under this section may receive one of the following:
(a) Up to two parking placards;
(b) One set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed;
(c) One parking placard and one set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed; or
(d) One special parking year tab for persons with disabilities and one parking placard.
(8) Parking placards and identification cards described in this section must be issued free of charge.
(9) The parking placard and identification card must be immediately returned to the department upon the placard holder's death.
[ 2020 c 80 s 32; 2017 c 112 s 1; 2014 c 124 s 2; 2011 c 96 s 32; 2010 c 161 s 701.]
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—Intent—2014 c 124: "(1) The legislature finds that there is a history of abuse of special parking privileges for persons with disabilities that requires changes to maintain public safety and good order.
(2) It is the intent of the legislature to: (a) Decrease the amount of unlawful use of special parking privileges for persons with disabilities; (b) not create additional burdens for those in need of special parking privileges for persons with disabilities; (c) provide local jurisdictions with the authority to improve their administration of on-street parking; (d) encourage the department of licensing to implement the recommendations of the disabled parking work group in regards to placard and application changes; and (e) encourage the department of licensing to consider parking information system upgrades related to special parking privileges for persons with disabilities in its pursuit of technology modernization." [ 2014 c 124 s 1.]
Effective date—2014 c 124: "This act takes effect July 1, 2015." [ 2014 c 124 s 10.]
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The following organizations may apply for special parking privileges:
(a) Public transportation authorities;
(b) Nursing homes licensed under chapter 18.51 RCW;
(c) Assisted living facilities licensed under chapter 18.20 RCW;
(d) Senior citizen centers;
(e) Accessible van rental companies registered with the department;
(f) Private nonprofit corporations organized under chapter 24.03A RCW;
(g) Cabulance companies that regularly transport persons with disabilities who have been determined eligible for special parking privileges under this section and who are registered with the department under chapter 46.72 RCW; and
(h) Companies that dispatch taxicab vehicles under chapter 81.72 RCW or vehicles for hire under chapter 46.72 RCW, for such vehicles that are equipped with wheelchair accessible lifts or ramps for the transport of persons with disabilities and that are regularly dispatched and used in the transport of such persons. However, qualifying vehicles under this subsection (1)(h) may utilize special parking privileges only while in service. For the purposes of this subsection (1)(h), "in service" means while in the process of picking up, transporting, or discharging a passenger.
(2) An organization that qualifies for special parking privileges may receive, upon application, special license plates or parking placards, or both, for persons with disabilities as defined by the department.
(3) An organization that qualifies for special parking privileges under subsection (1) of this section and receives parking placards or special license plates under subsection (2) of this section is responsible for ensuring that the parking placards and special license plates are not used improperly and is responsible for all fines and penalties for improper use.
(4) The department shall adopt rules to determine organization eligibility.
[ 2021 c 176 s 5227; 2017 c 151 s 1; 2015 c 228 s 37; 2014 c 124 s 3; 2012 c 10 s 42; 2010 c 161 s 702. ]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Effective date—2015 c 228: See note following RCW 46.87.010.
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Application—2012 c 10: See note following RCW 18.20.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall design special license plates for persons with disabilities, parking placards, and year tabs displaying the international symbol of access.
(2) Special license plates for persons with disabilities must be displayed on the motor vehicle as standard issue license plates as described in RCW 46.16A.200.
(3) Parking placards must include both a serial number and the expiration date on the face of the placard. The expiration date and serial number must be of a sufficient size as to be easily visible from a distance of ten feet from where the placard is displayed.
(4) Parking placards must be displayed when the motor vehicle is parked by suspending it from the rearview mirror. In the absence of a rearview mirror, the parking placard must be displayed on the dashboard. The parking placard must be displayed in a manner that allows for the entire placard to be viewed through the vehicle windshield.
(5) Special year tabs for persons with disabilities must be displayed on license plates or metal tags issued pursuant to RCW 46.09.442, in a manner as defined by the department.
(6) Persons who have been issued special license plates for persons with disabilities, parking placards, or special license plates with a special year tab for persons with disabilities may park in places reserved for persons with physical disabilities.
[ 2016 c 84 s 5; 2014 c 124 s 4; 2010 c 161 s 704. ]
NOTES:
Effective date—2016 c 84 ss 2 and 5: See note following RCW 46.09.320.
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Parking privileges for persons with disabilities must be renewed at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges. Satisfactory proof must include a signed written authorization from a health care practitioner as required in RCW 46.19.010(3) or proof that the applicant satisfies the criteria of RCW 46.19.010(1)(k). Parking privileges for qualifying veterans issued pursuant to RCW 46.19.010(1)(k) or renewed under this subsection, between October 1, 2030, and October 1, 2035, are valid for the entire five-year period.
(2) The department shall match and purge its database of parking permits issued to persons with disabilities with available death record information at least every 12 months.
(3) The department shall adopt rules to administer the parking privileges for persons with disabilities program, including any documentation or materials required for a veteran to satisfy the criteria under RCW 46.19.010(1)(k).
(4) The department shall report to the appropriate committees of the legislature the number of veterans who qualify and apply for special parking privileges under RCW 46.19.010(1)(k) and receive an identification card and parking placards, special license plates, or tabs as described under RCW 46.19.080 (3) or (4) by December 31, 2026, and by December 31, 2034.
[ 2025 c 295 s 3; 2014 c 124 s 5; 2010 c 161 s 703. ]
NOTES:
Expiration date—2025 c 295 ss 1, 3, and 4: See note following RCW 46.19.010.
Effective date—2025 c 295: See note following RCW 46.19.010.
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
PDFRCW 46.19.040
Renewal—Rules. (Effective October 1, 2035.)
(1) Parking privileges for persons with disabilities must be renewed at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges. Satisfactory proof must include a signed written authorization from a health care practitioner as required in RCW 46.19.010(3).
(2) The department shall match and purge its database of parking permits issued to persons with disabilities with available death record information at least every twelve months.
(3) The department shall adopt rules to administer the parking privileges for persons with disabilities program.
[ 2014 c 124 s 5; 2010 c 161 s 703.]
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) False information. Knowingly providing false information in conjunction with the application for special parking privileges for persons with disabilities is a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) Unauthorized use. Any unauthorized use of the parking placard, special license plate, special year tab, or identification card issued under this chapter is a parking infraction with a monetary penalty of two hundred fifty dollars. In addition to any penalty or fine imposed under this subsection, two hundred dollars must be assessed. For the purpose of this subsection, "unauthorized use" includes (a) any use of a parking placard, special license plate, special year tab, or identification card that is expired, inactivated, faked, forged, or counterfeited, (b) any use of a parking placard, special license plate, special year tab, or identification card of another holder if the initial holder is no longer eligible to use or receive it, and (c) any use of a parking placard, special license plate, special year tab, or identification card of another holder even if permitted to do so by the holder.
(3) Inaccessible access. It is a parking infraction, with a monetary penalty of two hundred fifty dollars, for a person to stop, stand, or park in, block, or otherwise make inaccessible the access aisle located next to a space reserved for persons with physical disabilities. In addition to any penalty or fine imposed under this subsection, two hundred dollars must be assessed. The clerk of the court shall report all violations related to this subsection to the department.
(4) Parking without placard/plate. It is a parking infraction, with a monetary penalty of two hundred fifty dollars, for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a placard or special license plate issued under this chapter. In addition to any penalty or fine imposed under this subsection, two hundred dollars must be assessed. If a person is charged with a violation, the person will not be determined to have committed an infraction if the person establishes that the person operating the vehicle or being transported at the time of the infraction had a valid placard, special license plate, or special year tab issued under this chapter as required under this chapter. Such person must sign a statement under penalty of perjury that the placard, special license plate, or special year tab produced prior to the court appearance was valid at the time of infraction and issued under this chapter as required under this chapter.
(5) Time restrictions. A local jurisdiction may impose by ordinance time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards or special license plates issued under this chapter. All time restrictions must be clearly posted.
(6) Improper display of placard/plate. It is a parking infraction, with a monetary penalty of two hundred fifty dollars, to fail to fully display a placard or special license plate issued under this chapter while parked in a public place on private property without charge, while parked on public property reserved for persons with physical disabilities, or while parking free of charge as allowed under RCW 46.61.582. In addition to any penalty or fine imposed under this subsection, two hundred dollars must be assessed, for a total of four hundred fifty dollars. For the purpose of this subsection, "fully display" means hanging or placing the placard or special license plate so that the full face of the placard or license plate is visible, including the serial number and expiration date of the license plate or placard. If a person is charged with a violation of this subsection, that person will not be determined to have committed an infraction if the person produces in court or before the court appearance a valid identification card issued to that person under RCW 46.19.010.
(7) Allocation and use of funds - reimbursement. (a) The assessment imposed under subsections (2), (3), (4), and (6) of this section must be allocated as follows:
(i) One hundred dollars must be deposited in the accessible communities account created in RCW 50.40.071; and
(ii) One hundred dollars must be deposited in the multimodal transportation account under RCW 47.66.070 for the sole purpose of supplementing a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation that is administered by the department of transportation.
(b) Any reduction in any penalty or fine and assessment imposed under subsections (2), (3), (4), and (6) of this section must be applied proportionally between the penalty or fine and the assessment. When a reduced penalty is imposed under subsection (2), (3), (4), or (6) of this section, the amount deposited in the accounts identified in (a) of this subsection must be reduced equally and proportionally.
(c) The penalty or fine amounts must be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs that it may have incurred in the removal and storage of the improperly parked vehicle.
(8) Illegal obtainment. Except as provided in subsection (1) of this section, it is a misdemeanor punishable under chapter 9A.20 RCW for any person willfully to obtain a special license plate, placard, special year tab, or identification card issued under this chapter in a manner other than that established under this chapter.
(9) Sale of a placard/plate/tab/card. It is a misdemeanor punishable under chapter 9A.20 RCW for any person to sell a placard, special license plate, special year tab, or identification card issued under this chapter.
(10) Volunteer appointment. A law enforcement agency authorized to enforce parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of subsections (2), (3), (4), and (6) of this section or RCW 46.19.030 or 46.61.581. Volunteers must be at least twenty-one years of age. The law enforcement agency appointing volunteers may establish any other qualifications that the agency deems desirable.
(a) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.
(b) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a peace officer for the same offense.
(c) A peace officer or a volunteer may request a person to show the person's identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.
(11) Surrender of a placard/plate/tab/card. If a person is found to have violated the special parking privileges provided in this chapter, and unless an appeal of that finding is pending, a judge may order that the person surrender his or her placard, special license plate, special year tab, or identification card issued under this chapter.
(12) Community restitution. For second or subsequent violations of this section, in addition to a monetary penalty, the violator must complete a minimum of forty hours of:
(a) Community restitution for a nonprofit organization that serves persons with disabilities or disabling diseases; or
(b) Any other community restitution that may sensitize the violator to the needs and obstacles faced by persons with disabilities.
(13) Fine suspension. The court may not suspend more than one-half of any fine imposed under subsection (2), (3), (4), or (6) of this section.
[ 2014 c 124 s 6; 2011 c 171 s 74; 2010 c 161 s 706. ]
NOTES:
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) An additional fee may not be charged for special license plates for persons with disabilities except for any other fees and taxes required to be paid upon registration of a motor vehicle.
(2) A registered owner who qualifies for special parking privileges as described in RCW 46.19.010 may apply to the department for special license plates for persons with disabilities or special license plates with a special year tab for persons with disabilities. Special license plates with a special year tab for persons with disabilities are available on any special license plate created under chapter 46.18 RCW, except the collector vehicle, horseless carriage, and ride share special license plates.
(3) A registered owner who chooses to purchase special license plates as described in subsection (2) of this section shall pay the applicable special license plate fee, in addition to any other fees or taxes required for registering a motor vehicle.
(4) Special license plates for persons with disabilities or special license plates with a special year tab for persons with disabilities must be renewed in the same manner and at the time required for the renewal of standard motor vehicle license plates under chapter 46.16A RCW.
(5) Special license plates for persons with disabilities or special license plates with a special year tab for persons with disabilities may be transferred from one motor vehicle to another motor vehicle owned by the person with the parking privilege upon application to the department, county auditor or other agent, or subagent appointed by the director.
(6) Special license plates for persons with disabilities or special license plates with a special year tab for persons with disabilities must be removed from the motor vehicle when the person with disabilities transfers or assigns his or her interest in the motor vehicle.
[ 2012 c 71 s 1; 2011 c 171 s 75; 2010 c 161 s 705. ]
NOTES:
Effective date—2012 c 71: "This act takes effect January 1, 2013." [ 2012 c 71 s 2.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
A special license plate or card issued by another state or country that indicates that an occupant of a vehicle has disabilities entitles the vehicle on or in which it is displayed and being used to transport the person with disabilities to lawfully park in a parking place reserved for persons with physical disabilities pursuant to chapter 70.92 RCW.
[ 2010 c 161 s 707; 2005 c 390 s 4; 1991 c 339 s 22; 1984 c 51 s 1. Formerly RCW 46.16.390. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The application for special parking privileges for persons with disabilities must contain:
(a) The following statement immediately below the physician's, advanced registered nurse practitioner's, or physician assistant's signature: "A parking permit for a person with disabilities may be issued only for a medical necessity that severely affects mobility or involves acute sensitivity to light (RCW 46.19.010). An applicant or health care practitioner who knowingly provides false information on this application is guilty of a gross misdemeanor. The penalty is up to 364 days in jail and a fine of up to $5,000 or both. In addition, the health care practitioner may be subject to sanctions under chapter 18.130 RCW, the Uniform Disciplinary Act"; and
(b) Other information as required by the department.
(2) A natural person who has a disability described in RCW 46.19.010(1) and is expected to improve within 12 months may be issued a temporary placard for a period not to exceed 12 months. If the disability exists after 12 months, a new temporary placard must be issued upon receipt of a new application with certification from the person's physician as prescribed in RCW 46.19.010(3) and subsection (1) of this section. Special license plates for persons with disabilities may not be issued to a person with a temporary disability.
(3) A natural person or veteran who qualifies for special parking privileges under this section must receive an identification card showing the name and date of birth of the person to whom the parking privilege has been issued and the serial number of the placard.
(4) A natural person or veteran who qualifies for permanent special parking privileges under RCW 46.19.010 may receive one of the following:
(a) Up to two parking placards;
(b) One set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed;
(c) One parking placard and one set of special license plates for persons with disabilities if the person with the disability is the registered owner of the vehicle on which the license plates will be displayed; or
(d) One special parking year tab for persons with disabilities and one parking placard.
(5) Parking placards and identification cards described in this section must be issued free of charge.
(6) The parking placard and identification card must be immediately returned to the department upon the placard holder's death.
(7) This section expires October 1, 2035.
[ 2025 c 295 s 2. ]
NOTES:
Effective date—2025 c 295: See note following RCW 46.19.010.
(1) The department, in consultation with relevant stakeholders, shall develop a blue envelope program for operators and passengers of motor vehicles with a disability or condition that could impact the way they interact with law enforcement during a traffic stop. The blue envelope developed as part of the program must contain the following:
(a) Printed information for the envelope's holder regarding traffic stop safety tips;
(b) Printed recommendations for the responding law enforcement officer with interaction techniques applicable to those who are neurodiverse to help promote enhanced communication and accommodation between law enforcement officers and community members; and
(c) Printed information on the envelope explaining that documents related to the qualified individual's vehicle including, but not limited to, vehicle registration documents and proof of insurance, should be enclosed within the envelope.
(2) The blue envelope program must allow a qualified individual to obtain, at no cost, a blue envelope from any driver licensing office within the state.
(3) The department must maintain on an existing web page or website clear, accessible program information and resources regarding the blue envelope program.
(4) For purposes of this section, a person who is "neurodiverse" is an individual with autism, attention deficit hyperactivity disorder, bipolar disorder, developmental prosopagnosia, developmental speech disorders, dyslexia, dysgraphia, dyspraxia, dyscalculia, dysnomia, intellectual disability, obsessive–compulsive disorder, schizophrenia, sensory processing disorder, synesthesia, Tourette syndrome, or a related or similar condition.
(5) The department is authorized to apply for, receive, and accept grants and donations including services from public and private entities for the purpose and intent of this section.
[ 2026 c 90 s 2. ]
NOTES:
Finding—2026 c 90: "The legislature finds that traffic stops can be tense situations for the driver and law enforcement officer, and that people who are neurodiverse may react in a manner that could be misunderstood in the context of a traffic stop, inadvertently resulting in an escalation of the situation. The legislature, therefore, intends to establish a voluntary blue envelope program to enhance communication between law enforcement and community members with a disability or condition that may be helpful during traffic stops." [ 2026 c 90 s 1.]
(1) No person may drive a motor vehicle upon a highway in this state without first obtaining a valid driver's license issued to Washington residents under this chapter. The only exceptions to this requirement are those expressly allowed by RCW 46.20.025.
(2) A person licensed as a driver under this chapter:
(a) May exercise the privilege upon all highways in this state;
(b) May not be required by a political subdivision to obtain any other license to exercise the privilege; and
(c) May not have more than one valid driver's license at any time.
[ 1999 c 6 s 3. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Except as expressly exempted by this chapter, it is a misdemeanor for a person to drive any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter. This section does not apply if at the time of the stop the person is not in violation of RCW 46.20.342(1) or * 46.20.420 and has in his or her possession an expired driver's license or other valid identifying documentation under RCW 46.20.035. A violation of this section is a lesser included offense within the offenses described in RCW 46.20.342(1) or * 46.20.420.
[ 1997 c 66 s 1. ]
NOTES:
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345, June 1999.
(1) Except as expressly exempted by this chapter, it is a traffic infraction and not a misdemeanor under RCW 46.20.005 if a person:
(a) Drives any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter in his or her possession;
(b) Provides the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop; and
(c) Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or * 46.20.420.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars.
[ 1999 c 6 s 4; 1997 c 66 s 2. ]
NOTES:
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345, June 1999.
Intent—1999 c 6: See note following RCW 46.04.168.
Every licensee shall have his or her driver's license in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. The offense described in this section is a nonmoving offense.
[ 2010 c 8 s 9018; 1979 ex.s. c 136 s 56; 1965 ex.s. c 121 s 15; 1961 c 12 s 46.20.190. Prior: 1937 c 188 s 59; RRS s 6312-59; 1921 c 108 s 7, part; RRS s 6369, part. Formerly RCW 46.20.190. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Driver's license, duty to display under other circumstances: RCW 46.52.020, 46.61.020, 46.61.021.
(1) New Washington residents must obtain a valid Washington driver's license within thirty days from the date they become residents.
(2) To qualify for a Washington driver's license, a person must surrender to the department all valid driver's licenses that any other jurisdiction has issued to him or her. The department must invalidate the surrendered photograph license and may return it to the person.
(a) The invalidated license, along with a valid temporary Washington driver's license provided for in RCW 46.20.065, is proper identification.
(b) The department shall notify the previous issuing department that the licensee is now licensed in a new jurisdiction.
(3) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring residency for the purpose of obtaining a state license or tuition fees at resident rates.
(4)(a) "Washington public assistance programs" means public assistance programs that receive more than fifty percent of the combined costs of benefits and administration from state funds.
(b) "Washington public assistance programs" does not include:
(i) The Food Stamp program under the federal Food Stamp Act of 1964;
(ii) Programs under the Child Nutrition Act of 1966, 42 U.S.C. Secs. 1771 through 1788;
(iii) Temporary Assistance for Needy Families; and
(iv) Any other program that does not meet the criteria of (a) of this subsection.
[ 1999 c 6 s 5. Prior: 1997 c 66 s 3; 1997 c 59 s 8; 1996 c 307 s 5; prior: 1991 c 293 s 3; 1991 c 73 s 1; 1990 c 250 s 33; 1988 c 88 s 1; 1985 c 302 s 2; 1979 ex.s. c 136 s 53; 1965 ex.s. c 121 s 2. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Purpose—Construction—1965 ex.s. c 121: "With the advent of greatly increased interstate vehicular travel and the migration of motorists between the states, the legislature recognizes the necessity of enacting driver licensing laws which are reasonably uniform with the laws of other states and are at the same time based upon sound, realistic principles, stated in clear explicit language. To achieve these ends the legislature does hereby adopt this 1965 amendatory act relating to driver licensing modeled after the Uniform Vehicle Code subject to such variances as are deemed better suited to the people of this state. It is intended that this 1965 amendatory act be liberally construed to effectuate the purpose of improving the safety of our highways through driver licensing procedures within the framework of the traditional freedoms to which every motorist is entitled." [ 1965 ex.s. c 121 s 1.]
Any person who operates a motor vehicle on the public highways of this state without a driver's license or nonresident privilege to drive shall be subject to all of the provisions of Title 46 RCW to the same extent as a person who is licensed.
[ 1975-'76 2nd ex.s. c 29 s 1. ]
NOTES:
Allowing unauthorized person to drive: RCW 46.16A.520, 46.20.024.
No person shall cause or knowingly permit his or her child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this chapter.
[ 2010 c 8 s 9019; 1965 ex.s. c 121 s 44. Formerly RCW 46.20.343. ]
The following persons may operate a motor vehicle on a Washington highway without a valid Washington driver's license:
(1) A member of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or in the service of the National Guard of this state or any other state, if licensed by the military to operate an official motor vehicle in such service;
(2) A nonresident driver who is at least:
(a) Sixteen years of age and has immediate possession of a valid driver's license issued to the driver by his or her home state; or
(b) Fifteen years of age with:
(i) A valid instruction permit issued to the driver by his or her home state; and
(ii) A licensed driver who has had at least five years of driving experience occupying a seat beside the driver; or
(c) Sixteen years of age and has immediate possession of a valid driver's license issued to the driver by his or her home country. A nonresident driver may operate a motor vehicle in this state under this subsection (2)(c) for up to one year;
(3) Any person operating special highway construction equipment as defined in RCW 46.04.551;
(4) Any person while driving or operating any farm tractor or implement of husbandry that is only incidentally operated or moved over a highway; or
(5) An operator of a locomotive upon rails, including a railroad crossing over a public highway. A locomotive operator is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this state.
[ 2010 c 161 s 1113; 1999 c 6 s 6; 1993 c 148 s 1; 1979 c 75 s 1; 1965 ex.s. c 121 s 3. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—1999 c 6: See note following RCW 46.04.168.
A Washington state motor vehicle driver's license issued to any service member if valid and in force and effect while such person is serving in the armed forces, shall remain in full force and effect so long as such service continues unless the same is sooner suspended, canceled, or revoked for cause as provided by law and for not to exceed ninety days following the date on which the holder of such driver's license is separated from service in the armed forces of the United States. A Washington state driver's license issued to the spouse or dependent child of such service member likewise remains in full force and effect if the person is residing with the service member.
For purposes of this section, "service member" means every person serving in the armed forces whose branch of service as of the date of application for the driver's license is included in the definition of veteran pursuant to RCW 41.04.007 or the person will meet the definition of veteran at the time of discharge.
[ 2024 c 146 s 28; 2002 c 292 s 3; 1999 c 199 s 1; 1967 c 129 s 1. ]
NOTES:
Intent—2024 c 146: See note following RCW 73.04.005.
Effective date—1999 c 199: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 1999]." [ 1999 c 199 s 5.]
The department shall not issue a driver's license to a person:
(1) Who is under the age of sixteen years;
(2) Whose driving privilege has been withheld unless and until the department may authorize the driving privilege under RCW 46.20.311;
(3) Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program approved by the department of social and health services. The department may, however, issue a license if the person:
(a) Has been granted a deferred prosecution under chapter 10.05 RCW; or
(b) Is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol or drug abuse problem;
(4) Who has previously been adjudged to be mentally ill or insane, or to be incompetent due to a mental disability or disease. The department shall, however, issue a license to the person if he or she otherwise qualifies and:
(a) Has been restored to competency by the methods provided by law; or
(b) The superior court finds the person able to operate a motor vehicle with safety upon the highways during such incompetency;
(5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
(6) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;
(7) Who is unable to safely operate a motor vehicle upon the highways due to a physical or mental disability. The department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction.
[ 2002 c 279 s 3; 1999 c 6 s 7; 1995 c 219 s 1; 1993 c 501 s 2; 1985 c 101 s 1; 1977 ex.s. c 162 s 1; 1965 ex.s. c 121 s 4. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Allowing unauthorized person to drive: RCW 46.16A.520, 46.20.024.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365, 69.50.420.
The department may not issue an identicard or a Washington state driver's license that is valid for identification purposes unless the applicant meets the identification requirements of subsection (1), (2), or (3) of this section.
(1) A driver's license or identicard applicant must provide the department with at least one of the following pieces of valid identifying documentation that contains the signature and a photograph of the applicant:
(a) A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant;
(b) A Washington state identicard or an identification card issued by another state;
(c) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency;
(d) A military identification card;
(e) A United States passport;
(f) A citizenship and immigration services service form;
(g) An identification card issued by the department of corrections under RCW 72.09.535; or
(h) A patient identification verification document issued by a facility under RCW 72.23.175.
(2) An applicant who is a minor may establish identity by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and display or provide:
(a) At least one piece of documentation in subsection (1) of this section establishing the identity of the parent or guardian; and
(b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
(3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may request that the department review other available documentation in order to ascertain identity. The department may waive the requirement if it finds that other documentation clearly establishes the identity of the applicant. Notwithstanding the requirements in subsection (2) of this section, the department shall issue an identicard to an applicant for whom it receives documentation pursuant to RCW 74.13.283.
(4) An identicard or a driver's license that includes a photograph that has been renewed by mail or by electronic commerce is valid for identification purposes if the applicant met the identification requirements of subsection (1), (2), or (3) of this section at the time of previous issuance.
(5) The form of an applicant's name, as established under this section, is the person's name of record for the purposes of this chapter.
(6) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the license "not valid for identification purposes."
[ 2024 c 315 s 3; 2008 c 267 s 8; 2004 c 249 s 2; 1999 c 6 s 8; 1998 c 41 s 10; 1993 c 452 s 1. ]
NOTES:
Effective date—2024 c 315: See note following RCW 72.09.270.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
(1) The department shall develop in consultation with the department of children, youth, and families, the office of the superintendent of public instruction, and the office of homeless youth prevention and protection programs:
(a) Other forms of identification that could be used for individuals qualifying for a Washington state identicard under RCW 46.20.117(1)(c)(ii) that meet the alternative documentation requirements of the department under RCW 46.20.035; and
(b) A process for entities listed under subsection (2) of this section to submit Washington state identicard application materials for individuals qualifying for a Washington state identicard under RCW 46.20.117(1)(c)(ii).
(2) The department shall accept Washington state identicard application materials for individuals qualifying for a Washington state identicard under RCW 46.20.117(1)(c)(ii) from:
(a) Individuals or entities licensed by the department of children, youth, and families;
(b) Individuals or entities contracted to provide services by the department of children, youth, and families;
(c) Individual schools or school districts; and
(d) Individuals and entities contracted to provide services by the office of homeless youth prevention and protection programs.
[ 2020 c 124 s 3. ]
(1) The department may implement a facial recognition matching system for drivers' licenses, permits, and identicards. Any facial recognition matching system selected by the department must be used only to verify the identity of an applicant for or holder of a driver's license, permit, or identicard to determine whether the person has been issued a driver's license, permit, or identicard under a different name or names.
(2) Any facial recognition matching system selected by the department must be capable of highly accurate matching, and must be compliant with appropriate standards established by the American association of motor vehicle administrators that exist on June 7, 2012, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(3) The department shall post notices in conspicuous locations at all department driver licensing offices, make written information available to all applicants at department driver licensing offices, and provide information on the department's website regarding the facial recognition matching system. The notices, written information, and information on the website must address how the facial recognition matching system works, all ways in which the department may use results from the facial recognition matching system, how an investigation based on results from the facial recognition matching system would be conducted, and a person's right to appeal any determinations made under this chapter.
(4) Results from the facial recognition matching system:
(a) Are not available for public inspection and copying under chapter 42.56 RCW;
(b) May only be disclosed when authorized by a court order;
(c) May only be disclosed to a federal government agency if specifically required under federal law; and
(d) May only be disclosed by the department to a government agency, including a court or law enforcement agency, for use in carrying out its functions if the department has determined that person has committed one of the prohibited practices listed in RCW 46.20.0921 and this determination has been confirmed by a hearings examiner under this chapter or the person declined a hearing or did not attend a scheduled hearing.
(5) All personally identifying information derived from the facial recognition matching system must be stored with appropriate security safeguards. Washington technology solutions shall develop the appropriate security standards for the department's use of the facial recognition matching system, subject to approval and oversight by the technology services board.
(6) The department shall develop procedures to handle instances in which the facial recognition matching system fails to verify the identity of an applicant for a renewal or duplicate driver's license, permit, or identicard. These procedures must allow an applicant to prove identity without using the facial recognition matching system.
[ 2024 c 54 s 56; 2012 c 80 s 1; 2006 c 292 s 1; 2004 c 273 s 3. ]
NOTES:
Finding—Purpose—Effective date—2004 c 273: See notes following RCW 9.35.020.
(1) If the department has reason to believe that a person is suffering from a physical or mental disability or disease that may affect that person's ability to drive a motor vehicle, the department must evaluate whether the person is able to safely drive a motor vehicle. As part of the evaluation:
(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease he or she is able to safely drive a motor vehicle.
(b) The department may require the person to obtain a statement signed by a licensed physician or other proper authority designated by the department certifying the person's condition.
(i) The statement is for the confidential use of the director and the chief of the Washington state patrol and for other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.
(ii) The statement may not be offered as evidence in any court except when appeal is taken from the order of the director canceling or withholding a person's driving privilege. However, the department may make the statement available to the director of the department of retirement systems for use in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence in any administrative proceeding or court action concerning the disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver's license to the person without restrictions;
(b) Cancel or withhold the driving privilege from the person; or
(c) Issue a restricted driver's license to the person. The restrictions must be suitable to the licensee's driving ability. The restrictions may include:
(i) Special mechanical control devices on the motor vehicle operated by the licensee;
(ii) Limitations on the type of motor vehicle that the licensee may operate; or
(iii) Other restrictions determined by the department to be appropriate to assure the licensee's safe operation of a motor vehicle.
(3) The department may either issue a special restricted license or may set forth the restrictions upon the usual license form.
(4) The department may suspend or revoke a restricted license upon receiving satisfactory evidence of any violation of the restrictions. In that event the licensee is entitled to a driver improvement interview and a hearing as provided by RCW 46.20.322 or 46.20.328.
(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.
[ 2005 c 274 s 306; 1999 c 274 s 12; 1999 c 6 s 9; 1986 c 176 s 1; 1979 ex.s. c 136 s 54; 1979 c 61 s 2; 1965 ex.s. c 121 s 5. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
A person who is under the age of eighteen years shall not drive:
(1) A school bus transporting school children; or
(2) A motor vehicle transporting persons for compensation.
[ 1999 c 6 s 10; 1971 ex.s. c 292 s 43; 1965 ex.s. c 121 s 6. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license. The additional fee for each class shall be one hundred thirty-six dollars for the original commercial driver's license or subsequent renewals. If the commercial driver's license is issued, renewed, or extended for a period other than eight years, the fee for each class shall be seventeen dollars for each year that the commercial driver's license is issued, renewed, or extended. The fee shall be deposited in the highway safety fund.
[ 2021 c 158 s 2; 2012 c 80 s 11; 2011 c 227 s 6; 2005 c 314 s 309; 1999 c 308 s 4; 1989 c 178 s 21; 1985 ex.s. c 1 s 7; 1969 ex.s. c 68 s 3; 1967 ex.s. c 20 s 4. Formerly RCW 46.20.470. ]
NOTES:
Effective date—2021 c 158 ss 2 and 5-11: "Sections 2 and 5 through 11 of this act take effect January 1, 2022." [ 2021 c 158 s 12.]
Finding—Intent—2021 c 158: "The legislature finds that a driver's license or identicard is a fundamental document that Washingtonians need to live, work, drive, and access essential needs. The COVID-19 pandemic has significantly reduced the department of licensing's ability to provide in-person driver licensing services, resulting in a growing backlog of customers that cannot access the agency's critical services. This act is intended to address that backlog by expanding online renewals, extending driver's license and identicard issuance up to eight years, and providing more online options for instruction permits. The legislature recognizes the critical role of the department of licensing's frontline staff during the pandemic and does not intend that this act will result in staffing reductions at the department of licensing now or in the future. To ensure that a driver's license and identicard remain affordable for Washington residents, the legislature intends for the department of licensing to continue to offer a six-year issuance option. The legislature further recognizes the potential of remote photo capture to enable expanded online renewals while ensuring that customer information remains updated. In implementing remote photo capture, the legislature intends that the department of licensing will prioritize data security and antifraud features as well as closely monitor its usage. The legislature also intends that within a year of initial implementation of remote photo capture, driver's license and identicard photos should be updated with each renewal whenever possible, recognizing that technology limitations and other challenges will prevent some customers from using remote photo capture." [ 2021 c 158 s 1.]
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Effective date—1999 c 308: See note following RCW 46.20.120.
Effective dates—1989 c 178: See RCW 46.25.901.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1967 ex.s. c 20: "Sections 1, 3, and 4 of this amendatory act shall be effective January 1, 1968." [ 1967 ex.s. c 20 s 5.]
(1) Driver's instruction permit . The department may issue a driver's instruction permit online or in person with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid an application fee of $25 prior to January 1, 2026, and $35 on or after January 1, 2026, and meets the following requirements:
(a) Is at least 15.5 years of age; or
(b) Is at least 15 years of age and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a driver training education course offered as part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.
(2) Waiver of written examination for instruction permit . The department may waive the written examination, if, at the time of application, an applicant is enrolled in a driver training education course as defined in RCW 46.82.280 or 28A.220.020.
The department may require proof of registration in such a course as it deems necessary.
(3) Effect of instruction permit . A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
(a) The person has immediate possession of the permit;
(b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and
(c) A driver training education course instructor who meets the qualifications of chapter 46.82 or 28A.220 RCW, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
(4) Term of instruction permit . A driver's instruction permit is valid for one year from the date of issue.
(a) The department may issue one additional one-year permit.
(b) The department may issue a third driver's instruction permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
(c) A person applying for an additional instruction permit must submit the application to the department and pay an application fee of $25 for each issuance.
[ 2025 c 299 s 15; 2021 c 158 s 3; 2017 c 197 s 6; 2012 c 80 s 5; 2010 c 223 s 1; 2006 c 219 s 14; 2005 c 314 s 303; 2004 c 249 s 3. Prior: 2002 c 352 s 10; 2002 c 195 s 2; 1999 c 274 s 13; 1999 c 6 s 11; 1990 c 250 s 34; 1986 c 17 s 1; 1985 c 234 s 1; 1981 c 260 s 10; prior: 1979 c 63 s 1; 1979 c 61 s 3; 1969 ex.s. c 218 s 8; 1965 ex.s. c 121 s 7. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2021 c 158 ss 1, 3, and 4: "Sections 1, 3, and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 3, 2021]." [ 2021 c 158 s 13.]
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2012 c 80 ss 5-13: "Sections 5 through 13 of this act take effect October 1, 2012." [ 2012 c 80 s 14.]
Effective date—2006 c 219: See note following RCW 46.82.285.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Intent—1999 c 6: See note following RCW 46.04.168.
(1) If the department is completing an investigation and determination of facts concerning an applicant's right to receive a driver's license, it may issue a temporary driver's permit to the applicant.
(2) A temporary driver's permit authorizes the permittee to drive a motor vehicle for up to sixty days. The permittee must have immediate possession of the permit while driving a motor vehicle.
(3) A temporary driver's permit is invalid if the department has issued a license to the permittee or refused to issue a license to the permittee for good cause.
[ 1999 c 6 s 12. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
(1) Agricultural driving permit authorized . The director may issue a juvenile agricultural driving permit to a person under the age of eighteen years if:
(a) The application is signed by the applicant and the applicant's father, mother, or legal guardian;
(b) The applicant has passed the driving examination required by RCW 46.20.120;
(c) The department has investigated the applicant's need for the permit and determined that the need justifies issuance;
(d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself or herself or other persons and property; and
(e) The applicant has paid a fee of twenty dollars.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit . (a) The permit authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this state in connection with farm work. The holder may drive only within a restricted farming locality described on the permit; and
(ii) Participate in the classroom portion of a *traffic safety education course authorized under RCW 28A.220.030 or the classroom portion of a traffic safety education course offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW offered in the community where the holder resides.
(b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.
(3) Term and renewal of agricultural driving permit . An agricultural driving permit expires one year from the date of issue.
(a) A person under the age of eighteen who holds a permit may renew the permit by paying a fee of fifteen dollars.
(b) A person applying to renew an agricultural driving permit must submit the application to the department in person.
(c) An agricultural driving permit is invalidated when a permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle driver's license under this chapter.
(4) Suspension, revocation, or cancellation . The director has sole discretion to suspend, revoke, or cancel a juvenile agricultural driving permit if:
(a) The permittee has been found to have committed an offense that requires mandatory suspension or revocation of a driver's license; or
(b) The director is satisfied that the permittee has violated the permit's restrictions.
[ 2005 c 314 s 304; 2004 c 249 s 4. Prior: 2002 c 352 s 11; 2002 c 195 s 3; 1999 c 6 s 13; 1997 c 82 s 1; 1985 ex.s. c 1 s 1; 1979 c 61 s 4; 1969 ex.s. c 218 s 9; 1969 ex.s. c 170 s 12; 1967 c 32 s 27; 1963 c 39 s 9; 1961 c 12 s 46.20.070; prior: 1947 c 158 s 1, part; 1937 c 188 s 45, part; Rem. Supp. 1947 s 6312-45, part. ]
NOTES:
*Reviser's note: The term "traffic safety education course" was renamed "driver training education course" by 2017 c 197 s 2.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [ 1985 ex.s. c 1 s 14.]
(1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least 16 years of age and:
(a) Have possessed a valid instruction permit for a period of not less than six months;
(b) Have passed a driver licensing examination administered by the department;
(c) Have passed a course of driver's education in accordance with the standards established in RCW 46.20.100;
(d) Until January 1, 2031, have met the applicable driver work zone and first responder safety course requirement under RCW 46.20.1191(3);
(e) Present certification by his or her parent, guardian, employer, or responsible adult to the department stating (i) that the applicant has had at least 50 hours of driving experience, 10 of which were at night, during which the driver was supervised by a person at least 21 years of age who has had a valid driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;
(f) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and
(g) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.
(2) For the first six months after the issuance of an intermediate license or until the holder reaches 18 years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of 20 who are not members of the holder's immediate family. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of 20 who are not members of the holder's immediate family.
(3) The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m. except (a) when the holder is accompanied by a licensed driver who is at least 25 years of age, or (b) for school, religious, or employment activities for the holder or a member of the holder's immediate family as defined in this section.
(4) The holder of an intermediate license may not operate a moving motor vehicle while using a wireless communications device unless the holder is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property.
(5) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.
(6) Except for a violation of subsection (4) of this section, enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.
(8) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the 12-month period following the issuance of the intermediate license, he or she:
(a) Has not been involved in an accident involving only one motor vehicle;
(b) Has not been involved in an accident where he or she was cited in connection with the accident or was found to have caused the accident;
(c) Has not been involved in an accident where no one was cited or was found to have caused the accident; and
(d) Has not been convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate licensee under this section.
(9) For the purposes of this section, the following definitions apply:
(a) "Immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual, including foster children living in the household, and the spouse or the domestic partner of any such person, and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner, and the spouse or the domestic partner of any such person.
(b) "Responsible adult" means a person specifically authorized by the department who is over the age of 21 and:
(i) Has a familial, kinship, or caretaker relationship to a minor;
(ii) Is an educational, medical, legal, social service, or Washington state licensed mental health professional who provides support directly to a minor in a professional capacity; or
(iii) Is an employee of a government entity and provides support to a minor in a professional capacity.
[ 2025 c 299 s 4; 2024 c 162 s 1; 2023 c 445 s 2; 2011 c 60 s 44; 2010 c 223 s 2; 2009 c 125 s 1; 2000 c 115 s 2. ]
NOTES:
Effective date—2025 c 299 s 4: "Section 4 of this act takes effect May 1, 2026." [ 2025 c 299 s 23.]
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2024 c 162 ss 1-3: "Sections 1 through 3 of this act take effect January 1, 2025." [ 2024 c 162 s 5.]
Effective date—2011 c 60: See note following RCW 29B.20.030.
Finding—2000 c 115: "The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes." [ 2000 c 115 s 1.]
Effective date—2000 c 115 ss 1-10: "Sections 1 through 10 of this act take effect July 1, 2001." [ 2000 c 115 s 14.]
(1) Application . In order to apply for a driver's license or instruction permit the applicant must provide the applicant's:
(a) Name of record, as established by documentation required under RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or
(ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; and
(g) Any additional information required by the department.
(2) Sworn statement . An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether the applicant has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's sworn statement that it is valid. For an original driver's license, the information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
(3) Driving records from other jurisdictions . If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.
(4) Driving records to other jurisdictions . If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Records and supporting documentation of a person's sex designation change are considered sensitive information and must be excluded from any records transmitted to other jurisdictions except with the consent of the person, given for a specific purpose. Otherwise the department shall charge a reasonable fee for transmittal of the record.
[ 2026 c 56 s 3; 2021 c 158 s 4; 2000 c 115 s 4; 1999 c 6 s 14; 1998 c 41 s 11; 1996 c 287 s 5; 1990 c 250 s 35; 1985 ex.s. c 1 s 2; 1979 c 63 s 2; 1965 ex.s. c 121 s 8. ]
NOTES:
Effective date—2026 c 56: See note following RCW 46.20.134.
Effective date—2021 c 158 ss 1, 3, and 4: See note following RCW 46.20.055.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Social security number: RCW 26.23.150.
(1) It is a misdemeanor for any person:
(a) To display or cause or permit to be displayed or have in his or her possession any fictitious or fraudulently altered driver's license or identicard;
(b) To lend his or her driver's license or identicard to any other person or knowingly permit the use thereof by another;
(c) To display or represent as one's own any driver's license or identicard not issued to him or her;
(d) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled;
(e) To use a false or fictitious name in any application for a driver's license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
(f) To permit any unlawful use of a driver's license or identicard issued to him or her.
(2) It is a class C felony for any person to sell or deliver a stolen driver's license or identicard.
(3) It is unlawful for any person to manufacture, sell, or deliver a forged, fictitious, counterfeit, fraudulently altered, or unlawfully issued driver's license or identicard, or to manufacture, sell, or deliver a blank driver's license or identicard except under the direction of the department. A violation of this subsection is:
(a) A class C felony if committed (i) for financial gain or (ii) with intent to commit forgery, theft, or identity theft; or
(b) A gross misdemeanor if the conduct does not violate (a) of this subsection.
(4) Notwithstanding subsection (3) of this section, it is a misdemeanor for any person under the age of twenty-one to manufacture or deliver fewer than four forged, fictitious, counterfeit, or fraudulently altered driver's licenses or identicards for the sole purpose of misrepresenting a person's age.
(5) In a proceeding under subsection (2), (3), or (4) of this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
[ 2003 c 214 s 1; 1990 c 210 s 3; 1981 c 92 s 1; 1965 ex.s. c 121 s 41. Formerly RCW 46.20.336. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
The department of licensing shall incorporate a section on bicycle safety and sharing the road into its instructional publications for drivers and shall include questions in the written portion of the driver's license examination on bicycle safety and sharing the road with bicycles.
[ 1998 c 165 s 4. ]
NOTES:
Short title—1998 c 165: See note following RCW 43.59.010.
The department's instructional publications for drivers must include information on:
(1) The proper use of the left-hand lane by motor vehicles on multilane highways; and
(2) Bicyclists' and pedestrians' rights and responsibilities.
[ 1999 c 6 s 15; 1998 c 165 s 5; 1986 c 93 s 3. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
(1) Application . The application of a person under the age of 18 years for a driver's license or a motorcycle endorsement must be signed by a parent, guardian, employer, or responsible adult as defined in RCW 46.20.075.
(2) Traffic safety education requirement . For a person under the age of 18 years to obtain a driver's license, the person must meet the traffic safety education requirements of this subsection.
(a) To meet the traffic safety education requirement for a driver's license:
(i) The applicant must satisfactorily complete a driver training education course as defined in RCW 28A.220.020 for a course offered by a school district or approved private school, or a driver training education course as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a school district or an approved private school must be part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW. The course offered by a driver training school must meet the standards established by the department of licensing under chapter 46.82 RCW. A school district, approved private school, or driver training school may offer the behind-the-wheel instruction portion for up to four hours in a single day in cases of hardship, such as a student needing to travel a great distance to receive the behind-the-wheel instruction. The driver training education course may be provided by:
(A) A secondary school within a school district or approved private school that establishes and maintains an approved and certified traffic safety education program under chapter 28A.220 RCW; or
(B) A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing; and
(ii) Beginning May 1, 2026, until January 1, 2031, the applicant must satisfactorily complete the applicable driver work zone and first responder safety course required under RCW 46.20.1191(3).
(b) Driver training schools licensed under chapter 46.82 RCW are encouraged to include a self-paced online course, or components of a self-paced online course, in the classroom instruction portion of driver training education courses, as authorized and certified by the department, to the extent feasible, and to focus teaching resources on the behind-the-wheel portion of driver training education.
(c) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
(d) The department may waive the driver training education course requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
(i) The applicant was unable to take or complete a driver training education course;
(ii) A need exists for the applicant to operate a motor vehicle; and
(iii) The applicant has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property. The department may adopt rules to implement this subsection (2)(d) in collaboration with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
(e) The department may waive the driver training education course requirement if the applicant was licensed to drive a motor vehicle or motorcycle from a reciprocal jurisdiction outside this state or provides proof that he or she has had education equivalent, from a reciprocal jurisdiction, to that required under this subsection.
[ 2025 c 299 s 3; 2024 c 162 s 2; 2017 c 197 s 7; 2010 1st sp.s. c 7 s 18; 2002 c 195 s 1; 1999 c 274 s 14; 1999 c 6 s 16; 1990 c 250 s 36; 1985 c 234 s 2; 1979 c 158 s 146; 1973 1st ex.s. c 154 s 87; 1972 ex.s. c 71 s 1; 1969 ex.s. c 218 s 10; 1967 c 167 s 1; 1965 ex.s. c 170 s 43; 1961 c 12 s 46.20.100. Prior: 1937 c 188 s 51; RRS s 6312-51; 1921 c 108 s 6, part; RRS s 6368, part. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2024 c 162 ss 1-3: See note following RCW 46.20.075.
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
(1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.
(2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.
(3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.
[ 2000 c 115 s 5; 1987 c 463 s 3. ]
NOTES:
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Each operator of a wheelchair conveyance shall undergo a special examination conducted for the purpose of determining whether that person can properly and safely operate the conveyance on public roadways within a specified area. An operator's license issued after the special examination may specify the route, area, time, or other restrictions that are necessary to ensure the safety of the operator as well as the general motoring public. The department shall adopt rules for periodic review of the performance of operators of wheelchair conveyances. Operation of a wheelchair conveyance in violation of these rules is a traffic infraction.
[ 1983 c 200 s 3. Formerly RCW 46.20.550. ]
NOTES:
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
public roadways, operating on: RCW 46.61.730.
registration: RCW 46.16A.405(3).
safety standards: RCW 46.37.610.
(1) Subject to the availability of funds appropriated for this purpose, any person who is a male citizen or noncitizen of the United States, who applies for an original, the renewal of, or a replacement instruction permit, intermediate license, driver's license, or identicard under this chapter, and who is under the age of twenty-six, must be given the opportunity to register as required by the military selective service act (62 Stat. 604; 50 App. U.S.C. Sec. 451 et seq.), as amended.
(2) The submission of an application by an applicant under subsection (1) of this section indicates that:
(a) The applicant has already registered with the selective service system;
(b) The applicant authorizes the department to forward to the selective service system the necessary personal information required for registration into the system; or
(c) The applicant declines registration for purposes of the military selective service act (62 Stat. 604; 50 App. U.S.C. Sec. 451 et seq.), as amended, in conjunction with the submission of an application under subsection (1) of this section.
(3)(a) The department shall forward electronically any necessary personal information of the applicant to the selective service system within ten days of receipt of the application, as authorized under subsection (2)(b) of this section.
(b) When applicable, the department shall notify the applicant at the time of application submission that, by submitting the application, the applicant authorizes the department to register the applicant with the selective service system. If the applicant is under the age of eighteen at the time of application, the department shall notify the applicant that he will be registered with the selective service system as required by federal law. When providing notice under this subsection (3)(b), the department shall provide the applicant with materials containing the following statement:
"By submitting this application, I am consenting to registration with the Selective Service System, if so required by federal law. If under age 18, I understand that I will be registered as required by federal law when I attain age 18."
(4)(a) If an applicant declines to register with the selective service system under subsection (2)(c) of this section, the department may not create a record indicating that the applicant declined to register.
(b) Any department information that indicates that an applicant has declined to register under subsection (2)(c) of this section is exempt from the disclosure requirements under chapter 42.56 RCW, and the department may not disclose the information to any other government agency.
(5) The department may not deny the issuance of an instruction permit, intermediate license, driver's license, or identicard if the applicant declines to register with the selective service system, provided that the applicant meets all other requirements of this chapter.
(6) The department may provide selective service system registration information to applicants who choose to decline the opportunity to register with the selective service system if the applicant requests registration information.
(7) The department may adopt rules as necessary to implement this section.
[ 2011 c 350 s 1. ]
NOTES:
Effective date—2011 c 350: "This act takes effect January 1, 2012." [ 2011 c 350 s 3.]
The department of licensing shall provide a statement whereby the licensee may certify his or her willingness to make an anatomical gift under RCW 68.64.030, as now or hereafter amended. The department shall provide the statement in at least one of the following ways:
(1) On each driver's license; or
(2) With each driver's license; or
(3) With each in-person driver's license application.
[ 2008 c 139 s 27; 1993 c 228 s 18; 1987 c 331 s 81; 1979 c 158 s 147; 1975 c 54 s 1. ]
NOTES:
Uniformity of application and construction—2008 c 139: See RCW 68.64.902.
Application, construction—Severability—1993 c 228: See RCW 68.50.902 and 68.50.903.
Effective date—1987 c 331: See RCW 68.05.900.
The department shall electronically transfer the information of all persons who upon application for a driver's license or identicard volunteer to donate organs or tissue to a registry created in RCW 68.64.200, and any subsequent changes to the applicant's donor status when the applicant renews a driver's license or identicard or applies for a new driver's license or identicard.
[ 2008 c 139 s 28; 2003 c 94 s 5. ]
NOTES:
Uniformity of application and construction—2008 c 139: See RCW 68.64.902.
Findings—2003 c 94: See note following RCW 68.64.200.
(1) The department shall provide each driver's license or identicard applicant with written materials regarding making a donation of bone marrow and being placed on the bone marrow donor registry at the completion of their licensing transaction.
(2) The department of licensing, in cooperation with the national marrow donor program and other appropriate organizations, shall place signage in each of the licensing service offices that provide background on the written materials that the applicant will receive regarding bone marrow donation. This will include a notice that any information provided by the driver's license or identicard applicant will be used solely for allowing the applicant to obtain information on becoming a possible bone marrow donor and will not be used for commercial or fund-raising purposes.
(3) No organization or third party may utilize the information obtained from this section for fund-raising or other commercial purposes.
[ 2018 c 192 s 2. ]
NOTES:
Findings—Intent—2018 c 192: "The legislature finds that every three minutes an American child or adult is diagnosed with a potentially fatal blood disease. The legislature further finds that twenty percent to thirty-four percent of individuals with diverse heritage never find a match. For many of these individuals, bone marrow transplantation is the only chance for survival. The ultimate key to survivability lies in increasing the number of bone marrow donors across all ethnicities, thus increasing the potential for a suitable match. It is the intent of the legislature to increase awareness of the national bone marrow program statewide and to increase the number of Washington residents on the national marrow donor registry in order to increase the chance that all patients in need of bone marrow transplants will find a suitable bone marrow match." [ 2018 c 192 s 1.]
Effective date—2018 c 192: "This act takes effect July 1, 2018." [ 2018 c 192 s 4.]
The department shall prepare and issue drivers' licenses and identicards using processes that prohibit as nearly as possible the alteration or reproduction of such cards, or the superimposing of other photographs on such cards, without ready detection.
[ 1999 c 6 s 17; 1977 ex.s. c 27 s 2. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Purpose—1977 ex.s. c 27: "The legislature finds that the falsification of cards and licenses is a serious social problem creating economic hardship and problems which impede the efficient conduct of commerce and government. The legislature is particularly concerned that the increasing use of false drivers' licenses and identicards to purchase liquor, to cash bad checks, and to obtain food stamps and other benefits is causing the loss of liquor licenses, the loss of jobs, the loss of income, and the loss of human life in addition to significant monetary losses in business and government. It is the purpose of RCW 46.20.114 to require an effective means of rendering drivers' licenses and identicards as immune as possible from alteration and counterfeiting in order to promote the public health and safety of the people of this state." [ 1977 ex.s. c 27 s 1.]
(1) Issuance . The department shall issue an identicard, containing a picture, if the applicant:
(a) Does not hold a valid Washington driver's license;
(b) Proves the applicant's identity as required by RCW 46.20.035; and
(c) Pays the required fee as specified in subsection (7) of this section, unless an applicant is:
(i) A recipient of continuing public assistance grants under Title 74 RCW, or a participant in the Washington women, infants, and children program. Any applicant under this subsection must be verified by documentation sufficient to demonstrate eligibility;
(ii) Under the age of 25 and does not have a permanent residence address as determined by the department by rule; or
(iii) An individual who is scheduled to be released from an institution as defined in RCW 13.40.020, a community facility as defined in RCW 72.05.020, a correctional facility as defined in RCW 72.09.015, or other juvenile rehabilitation facility operated by the department of social and health services or the department of children, youth, and families; or an individual who has been released from such an institution or facility within 30 calendar days before the date of the application.
For those persons under (c)(i) through (iii) of this subsection, the fee must be the actual cost of production of the identicard.
(2)(a) Design and term . The identicard must:
(i) Be distinctly designed so that it will not be confused with the official driver's license; and
(ii) Except as provided in subsection (7) of this section, expire on the eighth anniversary of the applicant's birthdate after issuance.
(b) The identicard may include the person's status as a veteran, consistent with RCW 46.20.161(4).
(c) If applicable, the identicard may include a medical alert designation as provided in subsection (5) of this section.
(d) If applicable, the identicard may include an optional blood type designation consistent with RCW 46.20.161(2)(j).
(3) Renewal . An application for identicard renewal may be submitted by means of:
(a) Personal appearance before the department;
(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew the identicard by mail or by electronic commerce when it last expired; or
(c) From January 1, 2022, to June 30, 2024, electronic commerce, if permitted by rule of the department.
An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
(4) Cancellation . The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.
(5) Any person may apply to the department to obtain a medical alert designation, a developmental disability designation, or a deafness designation on an identicard issued under this chapter by providing:
(a) Self-attestation that the individual:
(i) Has a medical condition that could affect communication or account for a health emergency;
(ii) Is deaf or hard of hearing; or
(iii) Has a developmental disability as defined in RCW 71A.10.020;
(b) A statement from the person that they have voluntarily provided the self-attestation and other information verifying the condition; and
(c) For persons under 18 years of age or who have a developmental disability, the signature of a parent or legal guardian.
(6) A self-attestation or data contained in a self-attestation provided under this section:
(a) Shall not be disclosed; and
(b) Is for the confidential use of the director, the chief of the Washington state patrol, and law enforcement and emergency medical service providers as designated by law.
(7) Alternative issuance/renewal/extension .
(a) Except as allowed under this subsection, the department must issue or renew an identicard for eight years. The department may issue or renew an identicard for a period other than eight years, or may extend by mail or electronic commerce an identicard that has already been issued. The fee for an identicard issued or renewed, or that has been extended by mail or electronic commerce, is $10 for each year that the identicard is issued, renewed, or extended. The department must offer the option to issue or renew an identicard for six years in addition to the eight year issuance. The department may adopt any rules as are necessary to carry out this subsection.
(b) Beginning July 1, 2028, and on July 1st every three years thereafter, the fee under (a) of this subsection must be increased by $1 for each year that the identicard is issued, renewed, or extended.
(8) Identicard photos must be updated in the same manner as driver's license photos under RCW 46.20.120(5).
[ 2025 c 417 s 307; 2025 c 217 s 2. Prior: 2024 c 315 s 4; 2024 c 162 s 3; 2021 c 158 s 5; prior: 2020 c 261 s 2; 2020 c 124 s 2; 2018 c 157 s 2; 2017 c 122 s 2; (2017 c 122 s 1 expired August 30, 2017); 2014 c 185 s 2; 2012 c 80 s 6; 2005 c 314 s 305; 2004 c 249 s 5; 2002 c 352 s 12; 1999 c 274 s 15; 1999 c 6 s 18; 1993 c 452 s 3; 1986 c 15 s 1; 1985 ex.s. c 1 s 3; 1985 c 212 s 1; 1981 c 92 s 2; 1971 ex.s. c 65 s 1; 1969 ex.s. c 155 s 4. ]
NOTES:
Reviser's note: This section was amended by 2025 c 217 s 2 and by 2025 c 417 s 307, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 417 ss 305-307 and 401: See note following RCW 46.20.161.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Finding—Intent—2025 c 217: "The legislature finds that including blood type information on drivers' licenses and identification cards can enhance emergency medical response, saving time and potentially lives in critical situations. This act is intended to provide individuals the option to voluntarily include their blood type on their state-issued identification documents." [ 2025 c 217 s 1.]
Effective date—2025 c 217: "This act takes effect January 1, 2026." [ 2025 c 217 s 7.]
Effective date—2024 c 315: See note following RCW 72.09.270.
Effective date—2024 c 162 ss 1-3: See note following RCW 46.20.075.
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Finding—2020 c 261: "The legislature finds that the health and safety of the traveling public, law enforcement, and emergency medical service providers are enhanced by the voluntary sharing of information about medical conditions, including deafness and developmental disabilities. Licensed drivers and applicants who wish to voluntarily include a medical alert designation on their driver's license may provide law enforcement and emergency medical service providers with the opportunity to know at the point of contact or shortly thereafter that there is a medical condition which could affect communication or account for a driver health emergency. By taking action in accordance with existing driver privacy protections, the legislature seeks to enhance health and public safety by the voluntary provision and careful use of this information." [ 2020 c 261 s 1.]
Effective date—2020 c 261: "This act takes effect January 1, 2022." [ 2020 c 261 s 4.]
Effective date—2018 c 157 s 2: "Section 2 of this act takes effect January 1, 2019." [ 2018 c 157 s 3.]
Effective date—2017 c 122 s 2: "Section 2 of this act takes effect August 30, 2017." [ 2017 c 122 s 4.]
Expiration date—2017 c 122 s 1: "Section 1 of this act expires August 30, 2017." [ 2017 c 122 s 3.]
Effective date—2014 c 185: See note following RCW 46.20.161.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Purpose—1971 ex.s. c 65: "The efficient and effective operation and administration of state government affects the health, safety, and welfare of the people of this state and it is the intent and purpose of this act to promote the health, safety, and welfare of the people by improving the operation and administration of state government." [ 1971 ex.s. c 65 s 2.]
Effective date—Purpose—1969 ex.s. c 155: See notes following RCW 46.20.118.
(1) The department shall maintain a negative file. It shall contain negatives of all pictures taken by the department of licensing as authorized by this chapter. Negatives in the file shall not be available for public inspection and copying under chapter 42.56 RCW.
(2) The department may make the file available to official governmental enforcement agencies to assist in the investigation by the agencies of suspected criminal activity or for the purposes of verifying identity when a law enforcement officer is authorized by law to request identification from an individual.
(3) The department shall make the file available to the office of the secretary of state, at the expense of the secretary of state, to assist in maintenance of the statewide voter registration database.
(4) The department may also provide a print to the driver's next of kin in the event the driver is deceased.
(5) The department shall make the file available to the county coroner or medical examiner for the purpose of identifying a deceased person.
[ 2021 c 122 s 8; 2009 c 366 s 1. Prior: 2005 c 274 s 307; 2005 c 246 s 23; 1990 c 250 s 37; 1981 c 22 s 1; 1979 c 158 s 149; 1969 ex.s. c 155 s 5. ]
NOTES:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
Effective date—2005 c 246: See note following RCW 10.64.140.
Purpose—1969 ex.s. c 155: "The identification of the injured or the seriously ill is often difficult. The need for an identification file to facilitate use by proper law enforcement officers has hampered law enforcement. Personal identification for criminal, personal and commercial reasons is becoming most important at a time when it is increasingly difficult to accomplish. The legislature finds that the public health and welfare requires a standard and readily recognizable means of identification of each person living within the state. The legislature further finds that the need for an identification file by law enforcement agencies must be met. The use of photographic drivers' licenses will greatly aid the problem, but some means of identification must be provided for persons who do not possess a driver's license. The purpose of this 1969 amendatory act is to provide for the positive identification of persons, both through an expanded use of drivers' licenses and also through issue of personal identification cards for nondrivers." [ 1969 ex.s. c 155 s 1.]
Effective date—1969 ex.s. c 155: "This 1969 amendatory act shall take effect September 1, 1969." [ 1969 ex.s. c 155 s 7.]
The rules and regulations adopted pursuant to RCW 46.20.070 through 46.20.119 shall be reasonable in view of the purposes to be served by RCW 46.20.070 through 46.20.119.
[ 1990 c 250 s 38; 1969 ex.s. c 155 s 6. ]
NOTES:
Effective date—Purpose—1969 ex.s. c 155: See notes following RCW 46.20.118.
(1)(a) To obtain an initial driver's license under this section, except as provided in subsection (4) of this section, the following persons must, in addition to other skills and examination requirements as prescribed by the department, satisfactorily complete a driver training education course as defined in RCW 28A.220.020 or a driver training education course as defined by the department and offered by a driver training school licensed under chapter 46.82 RCW:
(i) A person at least 18 years of age but under 19 years of age, beginning January 1, 2027;
(ii) A person at least 18 years of age but under 20 years of age, beginning January 1, 2028;
(iii) A person at least 18 years of age but under 21 years of age, beginning January 1, 2029;
(iv) A person at least 18 years of age but under 22 years of age, beginning January 1, 2030.
(b) The course offered by a school district or an approved private school must be part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW. The course offered by a driver training school must meet the standards established by the department under chapter 46.82 RCW. A school district, approved private school, or driver training school may offer the behind-the-wheel instruction portion for up to four hours in a single day in cases of hardship, such as a student needing to travel a great distance to receive the behind-the-wheel instruction.
(c) Driver training schools licensed under chapter 46.82 RCW are encouraged to include a self-paced online course, or components of a self-paced online course, in the classroom instruction portion of driver training education courses, as authorized and certified by the department, to the extent feasible, and to focus teaching resources on the behind-the-wheel portion of driver training education.
(d) Eligibility to enroll in a driver training education course as defined in RCW 28A.220.020 under this section is limited to students who are enrolled in a public school, as defined in RCW 28A.150.010; enrolled in an approved private school under RCW 28A.305.130; or receiving home-based instruction in accordance with chapter 28A.200 RCW.
(2) To meet the traffic safety education requirement for a motorcycle endorsement under this section, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department.
(3) Beginning May 1, 2026, until January 1, 2031, an applicant for an initial driver's license under the age of 25 must pass an online course approved by the department on driver work zone and first responder safety. The department may waive the requirement in this subsection if the department finds the online course is not available at the time of application. The department must contract with a provider of an online driver work zone and first responder safety course to host an online course that satisfies the requirement in this subsection to be made available at no cost to initial driver's license applicants under the age of 25.
(4) An applicant who was licensed to drive a motor vehicle or motorcycle from a reciprocal jurisdiction outside this state is exempt from the driver training education requirements under subsections (1) and (2) of this section.
(5)(a) The department may waive the driver training education course requirement for a driver's license under subsection (1) of this section if the applicant demonstrates to the department's satisfaction that:
(i) The applicant was unable to take or complete a driver training education course;
(ii) A need exists for the applicant to operate a motor vehicle; and
(iii) The applicant has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.
(b) The department may adopt rules to implement this subsection (5) in coordination with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
(6) The department may waive the driver training education course requirement under subsection (1) of this section if the applicant provides proof that they have had education, from a reciprocal jurisdiction, equivalent to that required under subsection (1) of this section.
(7) Beginning by January 1, 2026, and annually thereafter until January 1, 2031, the department must report on the implementation of the driver's education requirement under subsection (1) of this section, including the readiness of the driver education school system to accommodate additional growth, to the transportation committees of the legislature.
(8) The department may, by rule, pause or delay the requirements under subsection (1) of this section if, upon an internal review, the department finds that there is an insufficient number of driver education and traffic safety education courses or instructors available for the pending age cohort under subsection (1) of this section.
(9)(a) Beginning January 1, 2027, any initial driver's license holder who is at least 18 years of age but under 22 years of age, and who has been found to have committed a traffic infraction for a moving violation on two occasions, must complete a safe driving course. If such person does not complete a safe driving course within 180 days of notice from the department, the department must suspend the person's driver's license until the safe driving course is completed.
(b)(i) Beginning January 1, 2027, until January 1, 2031, any initial driver's license holder who is at least 22 years of age but under 25 years of age, and who has been found to have committed a traffic infraction for a moving violation on two occasions, must complete a safe driving course. If such person does not complete a safe driving course within 180 days of notice from the department, the department must suspend the person's driver's license until the safe driving course is completed.
(ii) Beginning January 1, 2031, any initial driver's license holder who is at least 22 years of age but under 25 years of age, and who has been found to have committed a traffic infraction for a moving violation on two occasions, must complete a condensed traffic safety education course, as determined by the department in rule. If such person does not complete the condensed traffic safety education course within 180 days of notice from the department, the department must suspend the person's driver's license until the condensed traffic safety education course is completed.
(c) For purposes of this subsection (9), multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
(10) Beginning January 1, 2031, every initial driver's license for a person under the age of 21 expires on the latter of the licensee's 21st birthdate following issuance of the license or the licensee's second birthdate after the license issuance date. A person may not renew the person's driver's license under this subsection until satisfactorily completing a driver training education refresher course, as determined by the department in rule.
(11) For purposes of subsections (3), (9), and (10) of this section, "initial driver's license" means a driver's license issued to a driver who has not previously been issued a driver's license in this state.
[ 2025 c 299 s 2. ]
NOTES:
Findings—Intent—2025 c 299: "The legislature finds that young adults under the age of 25 who obtain their initial driver's license after turning 18 years of age and are therefore not required to complete some form of driver training education are statistically more likely to be involved in or cause serious injury or fatal crashes than their peers who completed driver training education before the age of 18. The legislature also finds that the demographic of young drivers 18 to 24 years of age are more likely to engage in unsafe driving practices through a combination of inexperience and high-risk behaviors. The legislature intends with this act to require young adults under the age of 25 to complete driver training education before obtaining an initial driver's license, when appropriate, and implement other driver training courses when necessary to ensure they become better drivers and ensure our roads are safer for everyone." [ 2025 c 299 s 1.]
The department may approve the use of electronic translation devices to support the driver's license application and issuance process, including for: Driver training education purposes, including for behind-the-wheel instruction; driver's license examination purposes; and assessment purposes.
[ 2025 c 299 s 7. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department must ensure that examinations are given at places and times reasonably available to the people of this state. If the department does not administer driver licensing examinations as a routine part of its licensing services within a department region because adequate testing sites are provided by driver training schools or school districts within that region, the department shall, at a minimum, administer driver licensing examinations by appointment to applicants 18 years of age and older in at least one licensing office within that region.
(1) Waiver . The department may waive:
(a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
(b) All or any part of the examination involving operating a motor vehicle if the applicant:
(i) Surrenders a valid driver's license issued by the person's previous home state; or
(ii) Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and
(iii) Is otherwise qualified to be licensed.
(2) Fee . Prior to January 1, 2026, each applicant for a new license must pay an application fee of $35. On or after January 1, 2026, each applicant for a new license must pay an application fee of $50.
(a) The application fee is in addition to the fee charged for issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state; or
(ii) Whose last previous Washington license has been expired for more than eight years.
(3) An application for driver's license renewal may be submitted by means of:
(a) Personal appearance before the department;
(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew the license by mail or by electronic commerce when it last expired; or
(c) From January 1, 2022, to June 30, 2024, electronic commerce, if permitted by rule of the department.
(4) A person whose license expired or will expire while the licensee is living outside the state, may:
(a) Apply to the department to extend the validity of the license for no more than 12 months. If the person establishes to the department's satisfaction that the licensee is unable to return to Washington before the date the license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed 12 months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of $5 for each license extension;
(b) Apply to the department to renew the license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that the licensee is unable to return to Washington within 12 months of the date that the license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.
(5)(a) If a qualified person submits an application for renewal under subsection (3)(b) or (c) or (4)(b) of this section, the applicant is not required to pass an examination and only needs to provide an updated photograph:
(i) At least every 16 years, except that persons under 30 must provide an updated photograph every eight years; and
(ii) Beginning January 1, 2023, persons renewing through electronic commerce must provide an updated photograph in a form and manner approved by the department with each renewal unless they are unable to provide a photograph that meets the department's requirements and the most recent photograph on file with the department is not more than 10 years old at the time of renewal.
(b) A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."
(6) Driver training schools licensed by the department under chapter 46.82 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.
(7) School districts that offer a traffic safety education program under chapter 28A.220 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.
[ 2025 c 299 s 14; 2021 c 158 s 6; 2012 c 80 s 7; 2011 c 370 s 4. Prior: 2005 c 314 s 306; 2005 c 61 s 2; 2004 c 249 s 6; 2002 c 352 s 13; prior: 1999 c 308 s 1; 1999 c 199 s 3; 1999 c 6 s 19; 1990 c 9 s 1; 1988 c 88 s 2; 1985 ex.s. c 1 s 4; 1979 c 61 s 6; 1975 1st ex.s. c 191 s 2; 1967 c 167 s 4; 1965 ex.s. c 121 s 9; 1961 c 12 s 46.20.120; prior: 1959 c 284 s 1; 1953 c 221 s 2; 1937 c 188 s 55, part; RRS s 6312-55, part. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Intent—2011 c 370: See note following RCW 28A.220.030.
Inclusion of stakeholder groups in communications to facilitate transition of driver licensing examination administration—2011 c 370: See note following RCW 46.82.450.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Intent—2005 c 61: See note following RCW 46.20.125.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1999 c 308: "Sections 1 through 5 of this act take effect July 1, 2000." [ 1999 c 308 s 6.]
Effective date—1999 c 199: See note following RCW 46.20.027.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
(1) An additional $1 fee shall be imposed on each application for an original or renewal of a regular driver's license, regular identicard, enhanced driver's license, or enhanced identicard. The entire amount of the fee shall be used to pay for processing costs for driver's license issuance and reinstatements, and information technology upgrades and the ongoing costs to maintain the driver's license and identicard record and issuance system.
(2) The department shall forward all funds accruing under this section to the state treasurer who shall deposit the moneys to the credit of the highway safety fund.
[ 2021 c 240 s 13. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
(1) The department may enter into an informal agreement with one or more other licensing jurisdictions to waive the requirement for the examination involving operating a motor vehicle by licensed drivers, age eighteen years or older, from that jurisdiction.
(2) The department may only enter into an agreement with a jurisdiction if:
(a) The jurisdiction has procedures in place to verify the validity of the drivers' licenses it issues; and
(b) The jurisdiction has agreed to waive all or any part of the driver's license examination requirements for Washington licensed drivers applying for a driver's license in that jurisdiction.
[ 2005 c 61 s 3. ]
NOTES:
Intent—2005 c 61: "The legislature recognizes the importance of global markets to our state and national economy. As a leader among states in international commerce, Washington houses many multinational corporations. Competition among states for foreign businesses and personnel is fierce and it is necessary to Washington's future economic viability to eliminate a significant regulatory barrier to efficient personnel exchange, resulting in a more attractive business climate in Washington. The legislature recognizes that more than twenty other states have entered into informal reciprocal agreements with other nations to waive driver's license testing requirements in order to ease the transition of personnel to and from those states. By removing an unnecessary barrier to efficient personnel mobility it is the intent of the legislature to strengthen and diversify Washington's economy." [ 2005 c 61 s 1.]
The department may make rules to carry out the purposes of RCW 46.20.120 and 46.20.125.
[ 2005 c 61 s 4. ]
(1) The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:
(a) A test of the applicant's eyesight and ability to see, understand, and follow highway signs regulating, warning, and directing traffic;
(b) A test of the applicant's knowledge of traffic laws and ability to understand and follow the directives of lawful authority, orally or graphically, that regulate, warn, and direct traffic in accordance with the traffic laws of this state;
(c) An actual demonstration of the applicant's ability to operate a motor vehicle without jeopardizing the safety of persons or property. If the applicant is deaf or hearing impaired, the applicant may be accompanied by an interpreter to assist the applicant during the demonstration. The interpreter will be of the applicant's choosing from a list provided by the department of licensing; and
(d) Such further examination as the director deems necessary:
(i) To determine whether any facts exist that would bar the issuance of a vehicle operator's license under chapters 46.20, 46.21, and 46.29 RCW; and
(ii) To determine the applicant's fitness to operate a motor vehicle safely on the highways.
(2) If the applicant desires to drive a motorcycle or a motor-driven cycle he or she must qualify for a motorcycle endorsement under RCW 46.20.500 through 46.20.515.
[ 2006 c 190 s 1; 1999 c 6 s 20; 1990 c 250 s 39; 1981 c 245 s 4; 1967 c 232 s 2; 1965 ex.s. c 121 s 10; 1961 c 12 s 46.20.130. Prior: 1959 c 284 s 2; 1943 c 151 s 1; 1937 c 188 s 57; Rem. Supp. 1943 s 6312-57. ]
NOTES:
Collective bargaining rights not affected—2006 c 190: "This act does not affect the right of state employees to collectively bargain wages, hours, and other terms and conditions of employment under chapter 41.80 RCW." [ 2006 c 190 s 2.]
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1981 c 245: See note following RCW 46.20.161.
(1) The department shall develop processes and forms to enable individuals to submit blood type documentation when applying for or renewing a driver's license or identicard.
(2) The department may charge a one-time administrative fee not to exceed $2 for processing the initial blood type designation request for an individual.
[ 2025 c 217 s 4. ]
NOTES:
Finding—Intent—Effective date—2025 c 217: See notes following RCW 46.20.117.
The department shall coordinate with health care providers, emergency responders, and blood donation organizations to educate the public about the availability and potential benefits of including blood type information on state-issued identification.
[ 2025 c 217 s 5. ]
NOTES:
Finding—Intent—Effective date—2025 c 217: See notes following RCW 46.20.117.
The department is authorized to adopt rules necessary to implement chapter 217, Laws of 2025 including, but not limited to, specifying acceptable forms of blood type documentation and updating existing systems.
[ 2025 c 217 s 6. ]
NOTES:
Finding—Intent—Effective date—2025 c 217: See notes following RCW 46.20.117.
(1) The department may not display, transmit, or otherwise make available any record or supporting documentation of a person's sex designation change except with the consent of the person, given for a specific purpose.
(2) Credentials and digital records issued after a change to sex designation must contain only the current sex designation and no indicator that a change occurred.
[ 2026 c 56 s 2. ]
NOTES:
Effective date—2026 c 56: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 16, 2026]." [ 2026 c 56 s 11.]
The department shall post signs at each driver licensing facility advertising the availability of voter registration services, of automatic voter registration services for enhanced license and enhanced identification card applicants, and advising of the qualifications to register to vote. The information shall be visible to a person conducting a licensing transaction at the time of the transaction, either as a sign, or as a placard handed to the voter for review. Copies of the information shall be available in the various languages required of state agencies.
[ 2023 c 466 s 20; 2001 c 41 s 15. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
(1) Before issuing an original license or identicard or renewing a license or identicard under this chapter, the licensing agent shall determine if the applicant wants to register to vote or update his or her voter registration by asking the following question:
"Do you want to register or sign up to vote or update your voter registration?"
If the applicant chooses to register, sign up, or update a registration, the agent shall ask the following:
(((1))) "Are you a United States citizen?"
(((2) "Are you at least sixteen years old?"))
If the applicant answers in the affirmative((to both questions)), the agent shall then submit the registration, sign up form, or update. If the applicant answers in the negative to ((either))the question, the agent shall not submit an application.
(2) Information that is otherwise disclosable under chapter 29A.08 RCW cannot be disclosed ((on the))for a future voter until the person reaches eighteen years of age((, except))or until the person is eligible to participate in the next presidential primary, primary, or election, or for the purpose of processing and delivering ballots.
(((2)))(3) The department shall establish a procedure that substantially meets the requirements of subsection (1) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.
[ 2023 c 361 s 13; (2023 c 361 s 12 expired September 1, 2023); 2020 c 208 s 8; 2018 c 109 s 15; 2013 c 11 s 90; 2009 c 369 s 42; 2005 c 246 s 24; 2004 c 249 s 7; 2001 c 41 s 14; 1990 c 143 s 6. ]
NOTES:
Effective date—2023 c 361 s 13: "Section 13 of this act takes effect September 1, 2023." [ 2023 c 361 s 18.]
Expiration date—2023 c 361 s 12: "Section 12 of this act expires September 1, 2023." [ 2023 c 361 s 17.]
PDFRCW 46.20.155
Voter registration, update—Services (as amended by 2023 c 466).
(1) ((Before))(a) For transactions other than enhanced driver's license or enhanced identicard applicants, before issuing an original license or identicard or renewing a license or identicard under this chapter, the licensing agent shall determine if the applicant wants to register to vote or update his or her voter registration by asking the following question:
"Do you want to register or sign up to vote or update your voter registration?"
The department of licensing, with the approval of the secretary of state, may direct licensing agents to ask a substantially similar question designed to improve applicant understanding.
(b) If the applicant chooses to register, sign up, or update a registration, the agent shall ask the following:
(((1))) "Are you a United States citizen?"
(((2) "Are you at least sixteen years old?"))
If the applicant answers in the affirmative to ((both))the question((s)), the agent shall then submit the registration, sign up form, or update. If the applicant answers in the negative to ((either))the question, the agent shall not submit an application. Information that is otherwise disclosable under chapter 29A.08 RCW cannot be disclosed on the future voter until the person reaches eighteen years of age, except for the purpose of processing and delivering ballots.
(2) The department shall establish a procedure that substantially meets the requirements of subsection (1) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.
(3) If an applicant presents a document demonstrating that the applicant is not a United States citizen at the time of the driver's license or identicard transaction, the licensing agent shall not ask the questions described in subsection (1) of this section, and shall not submit an application. The department, in consultation with the secretary of state, shall determine which types of documents accepted by the department for purposes of a driver's license or identicard transaction demonstrate that an applicant is not a United States citizen at the time of the transaction.
[ 2023 c 466 s 21; 2020 c 208 s 8; 2018 c 109 s 15; 2013 c 11 s 90; 2009 c 369 s 42; 2005 c 246 s 24; 2004 c 249 s 7; 2001 c 41 s 14; 1990 c 143 s 6.]
Reviser's note: RCW 46.20.155 was amended twice during the 2023 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 7, 8, 18, 20, and 21: See note following RCW 29A.08.355.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective date—1990 c 143: See note following RCW 29A.08.340.
Voter registration with driver licensing: RCW 29A.08.340 and 29A.08.350.
(1) For persons 18 years of age or older who meet requirements for voter registration and persons 16 or 17 years of age who meet requirements to sign up to register to vote, who have been issued or are renewing an enhanced driver's license or identicard under RCW 46.20.202 or applying for a change of address for an existing enhanced driver's license or identicard pursuant to RCW 46.20.205, the department shall produce and transmit to the secretary of state the following information from the records of each individual: The name, address, date of birth, gender of the applicant if provided, the driver's license number, signature image, any language preference information collected, any phone number provided by the voter, any email address provided by the voter, and the date on which the application was submitted. The department and the secretary of state shall process information as an automated application on a daily basis. If requested by the secretary of state, the department shall provide copies of the documents submitted to prove citizenship for an individual subject to this section.
(2) Credentials and digital records issued after a change to sex designation must contain only the current sex designation and no indicator that a change occurred.
[ 2026 c 56 s 4; 2023 c 466 s 22; 2020 c 208 s 21; 2018 c 110 s 105. ]
NOTES:
Effective date—2026 c 56: See note following RCW 46.20.134.
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 7, 8, 18, 20, and 21: See note following RCW 29A.08.355.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
(1) Except as provided in subsection (2) of this section, the department shall annually provide to Washington technology solutions an electronic data file. The data file must:
(a) Contain information on all licensed drivers and identicard holders who are 18 years of age or older and whose records have not expired for more than two years;
(b) Be provided at no charge; and
(c) Contain the following information on each such person: Full name, date of birth, residence address including county, sex, and most recent date of application, renewal, replacement, or change of driver's license or identicard.
(2)(a) Before complying with subsection (1) of this section, the department shall remove from the file the names of any certified participants in the Washington state address confidentiality program under chapter 40.24 RCW that have been identified to the department by the secretary of state.
(b) Credentials and digital records issued after a change to sex designation must contain only the current sex designation and no indicator that a change occurred.
[ 2026 c 56 s 5; 2024 c 54 s 57; 2011 1st sp.s. c 43 s 811; 1999 c 6 s 21; 1993 c 408 s 12. ]
NOTES:
Effective date—2026 c 56: See note following RCW 46.20.134.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
(1)(a) The department, upon receipt of a fee as specified in (b) of this subsection, shall issue to every qualifying applicant a driver's license. A driver's license issued to a person under the age of 18 is an intermediate license, subject to the restrictions imposed under RCW 46.20.075, until the person reaches the age of 18.
(b)(i) The driver's license fee shall be $10 for each year that the license is issued, which includes the fee for the required photograph.
(ii) Beginning July 1, 2028, and on July 1st every three years thereafter, the fee under (b)(i) of this subsection must be increased by $1 for each year that the license is issued.
(2) The license must include:
(a) A distinguishing number assigned to the licensee;
(b) The name of record;
(c) Date of birth;
(d) Washington residence address;
(e) Photograph;
(f) A brief description of the licensee;
(g) Either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensees' usual signature with pen and ink immediately upon receipt of the license;
(h) If applicable, the person's status as a veteran as provided in subsection (4) of this section;
(i) If applicable, a medical alert designation as provided in subsection (5) of this section; and
(j) At the option of the licensee, the inclusion of the licensee's blood type, provided that the licensee presents documentation verifying the blood type from a licensed physician, medical facility, or blood donation organization.
(3) No license is valid until it has been signed by the licensee.
(4)(a) A veteran, as defined in RCW 41.04.007, may apply to the department to obtain a veteran designation on a driver's license issued under this section by providing:
(i) A United States department of veterans affairs identification card or proof of service letter;
(ii) A United States department of defense discharge document, DD Form 214 or DD Form 215, as it exists on June 7, 2018, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, or equivalent or successor discharge paperwork, that establishes the person's service in the armed forces of the United States and qualifying discharge as defined in RCW 73.04.005;
(iii) A national guard state-issued report of separation and military service, NGB Form 22, as it exists on June 7, 2018, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, or equivalent or successor discharge paperwork, that establishes the person's active duty or reserve service in the national guard and qualifying discharge as defined in RCW 73.04.005; or
(iv) A United States uniformed services identification card, DD Form 2, that displays on its face that it has been issued to a retired member of any of the armed forces of the United States, including the national guard and armed forces reserves.
(b) The department may permit a veteran, as defined in RCW 41.04.007, to submit alternate forms of documentation to apply to obtain a veteran designation on a driver's license.
(5) Any person may apply to the department to obtain a medical alert designation, a developmental disability designation, or a deafness designation on a driver's license issued under this chapter by providing:
(a) Self-attestation that the individual:
(i) Has a medical condition that could affect communication or account for a driver health emergency;
(ii) Is deaf or hard of hearing; or
(iii) Has a developmental disability as defined in RCW 71A.10.020;
(b) A statement from the person that they have voluntarily provided the self-attestation and other information verifying the condition; and
(c) For persons under 18 years of age or who have a developmental disability, the signature of a parent or legal guardian.
(6) A self-attestation or data contained in a self-attestation provided under this section:
(a) Shall not be disclosed;
(b) Is for the confidential use of the director, the chief of the Washington state patrol, and law enforcement and emergency medical service providers as designated by law; and
(c) Is subject to the privacy protections of the driver's privacy protection act, 18 U.S.C. Sec. 2725.
[ 2025 c 417 s 305; 2025 c 217 s 3; 2024 c 146 s 29; 2021 c 158 s 7; 2020 c 261 s 3; 2018 c 69 s 1; 2014 c 185 s 1; 2012 c 80 s 8; 2000 c 115 s 6; 1999 c 308 s 2; 1999 c 6 s 22; 1998 c 41 s 12; 1990 c 250 s 40; 1981 c 245 s 1; 1975 1st ex.s. c 191 s 3; 1969 c 99 s 6; 1965 ex.s. c 121 s 11. ]
NOTES:
Reviser's note: This section was amended by 2025 c 217 s 3 and by 2025 c 417 s 305, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 417 ss 305-307 and 401: "Sections 305 through 307 and 401 of this act take effect October 1, 2025." [ 2025 c 417 s 1403.]
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Finding—Intent—Effective date—2025 c 217: See notes following RCW 46.20.117.
Intent—2024 c 146: See note following RCW 73.04.005.
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Finding—Effective date—2020 c 261: See notes following RCW 46.20.117.
Effective date—2014 c 185: "This act takes effect August 30, 2017." [ 2014 c 185 s 3.]
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1981 c 245: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981." [ 1981 c 245 s 5.]
Effective date—1969 c 99: See note following RCW 79A.05.070.
(1) Except as provided in subsection (4) or (5) of this section or RCW 46.20.1191(10), every driver's license expires on the eighth anniversary of the licensee's birthdate following the issuance of the license.
(2) A person may renew a license on or before the expiration date by submitting an application as prescribed by the department and paying a fee as specified in subsection (6) of this section for an eight year license. This fee includes the fee for the required photograph.
(3) A person renewing a driver's license more than 60 days after the license has expired shall pay a penalty fee of $10 in addition to the renewal fee, unless the license expired when:
(a) The person was outside the state and the licensee renews the license within 60 days after returning to this state; or
(b) The person was incapacitated and the licensee renews the license within 60 days after the termination of the incapacity.
(4) The department may issue or renew a driver's license for a period other than eight years, or may extend by mail or electronic commerce a license that has already been issued. The fee for a driver's license issued or renewed for a period other than eight years, or that has been extended by mail or electronic commerce, is specified in subsection (6) of this section. The department must offer the option to issue or renew a driver's license for six years in addition to the eight year issuance. The department may adopt any rules as are necessary to carry out this subsection.
(5) A driver's license that includes a hazardous materials endorsement under chapter 46.25 RCW may expire on an anniversary of the licensee's birthdate other than the eighth year following issuance or renewal of the license in order to match, as nearly as possible, the validity of certification from the federal transportation security administration that the licensee has been determined not to pose a security risk. The fee for a driver's license issued or renewed is specified in subsection (6) of this section, not including any endorsement fees. The department may adjust the expiration date of a driver's license that has previously been issued to conform to the provisions of this subsection if a hazardous materials endorsement is added to the license subsequent to its issuance. If the validity of the driver's license is extended, the licensee must pay a fee as specified in subsection (6) of this section for each year that the license is extended.
(6)(a) The driver's license fee shall be $10 for each year that the license is issued, renewed, or extended.
(b) Beginning July 1, 2028, and on July 1st every three years thereafter, the fee under (a) of this subsection must be increased by $1 for each year that the license is issued, renewed, or extended.
(7) The department may adopt any rules as are necessary to carry out this section.
[ 2025 c 417 s 306; 2025 c 299 s 5; 2021 c 158 s 8; 2012 c 80 s 9; 1999 c 308 s 3; 1999 c 6 s 23; 1990 c 250 s 41; 1981 c 245 s 2; 1975 1st ex.s. c 191 s 4; 1969 c 99 s 7; 1965 ex.s. c 170 s 46; 1965 ex.s. c 121 s 17. ]
NOTES:
Reviser's note: This section was amended by 2025 c 299 s 5 and by 2025 c 417 s 306, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 417 ss 305-307 and 401: See note following RCW 46.20.161.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1981 c 245: See note following RCW 46.20.161.
Effective date—1969 c 99: See note following RCW 79A.05.070.
The department of licensing shall establish a procedure for renewal of drivers' licenses under this chapter which does not deprive the applicant during the renewal process of an identification bearing the applicant's photograph.
This identification shall be designed to and shall be accepted as proper identification under *RCW 66.16.040.
[ 1979 ex.s. c 87 s 1. ]
NOTES:
*Reviser's note: RCW 66.16.040 was repealed by 2012 c 2 s 215 (Initiative Measure No. 1183).
The department, at the time a person renews his or her driver's license or identicard, or surrenders a driver's license from another jurisdiction pursuant to RCW 46.20.021 and makes an application for a driver's license or an identicard, shall provide the applicant with written information on the registration requirements of RCW 9A.44.130.
[ 1990 c 3 s 407. ]
Before issuing a driver's license or identicard that complies with the requirements of the REAL ID Act of 2005, P.L. 109-13, and before storing or including data about Washington state residents in any database, records facility, or computer system for purposes of meeting the requirements of the REAL ID Act of 2005, the department of licensing shall certify that the driver's license, identicard, database, records facility, computer system, and the department's personnel screening and training procedures: (1) Include all reasonable security measures to protect the privacy of Washington state residents; (2) include all reasonable safeguards to protect against unauthorized disclosure of data; and (3) do not place unreasonable costs or recordkeeping burdens on a driver's license or identicard applicant.
[ 2007 c 85 s 2. ]
(1) The department of licensing and the office of financial management may analyze the costs and burdens to the state of Washington, and to applicants of drivers' licenses or identicards, of complying with the requirements of the REAL ID Act of 2005, P.L. 109-13, and any related federal regulations.
(2) The attorney general may, with approval of the governor, challenge the legality or constitutionality of the REAL ID Act of 2005.
[ 2007 c 85 s 3. ]
(1) Beginning July 1, 2018, except for enhanced drivers' licenses and identicards issued under RCW 46.20.202, the department must mark a driver's license or identicard issued under this chapter in accordance with the requirements of 6 C.F.R. Sec. 37.71 as it existed on July 23, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(2) The department must adopt rules necessary to implement this section.
[ 2017 c 310 s 1. ]
(1) A driver's license or identicard issued with the design features required in RCW 46.20.192 may not be used as evidence of or as a basis to infer an individual's citizenship or immigration status for any purpose.
(2) The presence of the design features required in RCW 46.20.192 on a person's driver's license or identicard may not be used as a basis for the criminal investigation, arrest, or detention of that person in circumstances where a person with a driver's license or identicard without these design features would not be criminally investigated, arrested, or detained.
[ 2017 c 310 s 2. ]
(1) Subject to the availability of amounts appropriated for this specific purpose, the department, working in conjunction with the department of commerce, shall create and implement an identicard program to provide homeless individuals within Washington state a state-issued identicard pursuant to RCW 46.20.117.
(2) A homeless individual is eligible for a taxpayer-funded original or renewal identicard pursuant to this section on a one-time basis, provided the individual:
(a) Meets the department of licensing criteria under RCW 46.20.117;
(b) Meets the definition of a homeless person pursuant to RCW 43.185C.010, which can be on a sheltered or unsheltered basis;
(c) Is expected to reside in a location within Washington state; and
(d) Does not have a current and valid state-issued identicard or driver's license.
[ 2022 c 57 s 1. ]
NOTES:
Effective date—2022 c 57: "This act takes effect January 1, 2023." [ 2022 c 57 s 2.]
(1) By January 1, 2028, the department, after consulting with the appropriate organizations, shall create and implement an older driver reduced fee identicard program.
(2) The fee for the identicard is $5 regardless of issuance time period.
(3) Older drivers eligible for the program are currently licensed drivers aged 70 years or older who agree to voluntarily replace their driver's license with an identicard, provided the individual:
(a) Meets the department criteria under RCW 46.20.117;
(b) Meets the department criteria under RCW 46.20.202, if the eligible older driver wishes to obtain an enhanced identicard; and
(c) Is expected to reside in a location within Washington state.
(4) Older drivers eligible for the program qualify for the $5 reduced fee identicard for one identicard issuance only.
(5) The department is authorized to adopt rules necessary to implement the older driver reduced fee identicard program under this section.
[ 2026 c 255 s 901. ]
NOTES:
Intent—2026 c 255: See note following RCW 82.08.020.
(1) If an instruction permit, identicard, or a driver's license is lost or destroyed, the person to whom it was issued may obtain a duplicate of it upon furnishing proof of such fact satisfactory to the department and payment of a fee of $20 to the department.
(2) A replacement permit, identicard, or driver's license may be obtained to change or correct material information upon payment of a fee of $20 and surrender of the permit, identicard, or driver's license being replaced.
[ 2022 c 182 s 209; 2012 c 80 s 10; 2002 c 352 s 14; 1985 ex.s. c 1 s 5; 1975 1st ex.s. c 191 s 5; 1965 ex.s. c 121 s 16; 1961 c 12 s 46.20.200. Prior: 1947 c 164 s 18; 1937 c 188 s 60; Rem. Supp. 1947 s 6312-60; 1921 c 108 s 11; RRS s 6373. ]
NOTES:
Effective date—2022 c 182 ss 205, 206, 209, and 210: See note following RCW 46.20.202.
Intent—2022 c 182: See note following RCW 70A.65.240.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
(1) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.
(2) The department may enter into an agreement with the Canadian province of British Columbia for the purposes of implementing a border-crossing initiative.
(3)(a) The department may issue an enhanced driver's license or identicard for the purposes of crossing the border between the state of Washington and the Canadian province of British Columbia to an applicant who provides the department with proof of: United States citizenship, identity, and state residency. The department shall continue to offer a standard driver's license and identicard. If the department chooses to issue an enhanced driver's license, the department must allow each applicant to choose between a standard driver's license or identicard, or an enhanced driver's license or identicard.
(b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or identicard. An applicant for an enhanced driver's license or identicard shall submit a biometric identifier as designated by the department. The biometric identifier must be used solely for the purpose of verifying the identity of the holders and for any purpose set out in RCW 46.20.037. Applicants are required to sign a declaration acknowledging their understanding of the one-to-many biometric match.
(c) The enhanced driver's license or identicard must include reasonable security measures to protect the privacy of Washington state residents, including reasonable safeguards to protect against unauthorized disclosure of data about Washington state residents. If the enhanced driver's license or identicard includes a radio frequency identification chip, or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.
(d) The requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver's license or identicard. The department shall adopt such rules as necessary to meet the requirements of this subsection. From time to time the department shall review technological innovations related to the security of identity cards and amend the rules related to enhanced driver's licenses and identicards as the director deems consistent with this section and appropriate to protect the privacy of Washington state residents.
(e) Notwithstanding RCW 46.20.118, the department may make images associated with enhanced drivers' licenses or identicards from the negative file available to United States customs and border agents for the purposes of verifying identity.
(4) Beginning October 1, 2022, the fee for an enhanced driver's license or enhanced identicard is $56, which is in addition to the fees for any regular driver's license or identicard. If the enhanced driver's license or enhanced identicard is issued, renewed, or extended for a period other than eight years, the fee for each class is $7 for each year that the enhanced driver's license or enhanced identicard is issued, renewed, or extended.
(5)(a) The first $4 per year of issuance, to a maximum of $32 of the enhanced driver's license and enhanced identicard fee under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a)(i) or (ii) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 209, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(i) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(ii) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(iii) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) $24 of the enhanced driver's license and enhanced identicard fee under this section must be deposited into the move ahead WA flexible account created in RCW 46.68.520. If the enhanced driver's license or enhanced identicard is issued, renewed, or extended for a period other than eight years, the amount deposited into the move ahead WA flexible account created in RCW 46.68.520 is $3 for each year that the enhanced driver's license or enhanced identicard is issued, renewed, or extended.
[ 2022 c 182 s 205. Prior: 2021 c 317 s 21; 2021 c 158 s 9; 2017 c 310 s 3; 2016 c 32 s 2; 2015 3rd sp.s. c 44 s 209; 2007 c 7 s 1. ]
NOTES:
Effective date—2022 c 182 ss 205, 206, 209, and 210: "Sections 205, 206, 209, and 210 of this act take effect October 1, 2022." [ 2022 c 182 s 509.]
Intent—2022 c 182: See note following RCW 70A.65.240.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Intent—2016 c 32: "During the third special legislative session of 2015, the legislature passed Second Engrossed Substitute Senate Bill No. 5987 (chapter 44, Laws of 2015 3rd sp. sess.), a significant transportation revenue bill intended to provide needed transportation funding throughout the state. However, since the enactment of that legislation, certain drafting errors were discovered within the bill resulting in some provisions being enacted contrary to legislative intent. Therefore, it is the intent of the legislature to simply correct manifest drafting errors in order to conform certain provisions with the original legislative intent of Second Engrossed Substitute Senate Bill No. 5987. It is not the intent of the legislature to alter the intended substantive policy enacted in Second Engrossed Substitute Senate Bill No. 5987, but rather to make technical changes that correct certain drafting errors." [ 2016 c 32 s 1.]
Retroactive application—2016 c 32: "This act is remedial in nature and applies retroactively to July 15, 2015." [ 2016 c 32 s 4.]
Effective date—2016 c 32: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2016]." [ 2016 c 32 s 5.]
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2007 c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 23, 2007]." [ 2007 c 7 s 4.]
The department shall develop and implement a statewide education campaign to educate Washington citizens about the border-crossing initiative authorized by chapter 7, Laws of 2007. The educational campaign must include information on the forms of travel for which the existing and enhanced driver's license can be used. The campaign must include information on the time frames for implementation of laws that impact identification requirements at the border with Canada.
[ 2007 c 7 s 2. ]
NOTES:
Effective date—2007 c 7: See note following RCW 46.20.202.
Whenever any person, after applying for or receiving a driver's license or identicard, moves from the address named in the application or in the license or identicard issued to him or her, or changes his or her name of record, the person shall, within ten days thereafter, notify the department of the name or address change as provided in RCW 46.08.195. This notification information shall be transmitted to the secretary of state on a daily basis, including the person's name, former name, address, former address, date of birth, signature image, and date of the transaction.
[ 2023 c 466 s 23; 2017 c 147 s 8; 2015 c 53 s 72; 1999 c 6 s 24; 1998 c 41 s 13; 1996 c 30 s 4; 1994 c 57 s 52; 1989 c 337 s 6; 1969 ex.s. c 170 s 13; 1965 ex.s. c 121 s 18. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1996 c 30: See note following RCW 46.25.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) The department is authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance of the license, or that the licensee failed to give the required or correct information in his or her application, or that the licensee is incompetent to drive a motor vehicle for any of the reasons under RCW 46.20.031 (4) and (7).
(2) Upon such cancellation, the licensee must surrender the license so canceled to the department.
(3) Upon the cancellation of an enhanced driver's license or identicard for failure of the licensee to give correct information, if such information had been transferred to the secretary of state for purposes of voter registration, the department must immediately notify the office of the secretary of state, and the county auditor of the county of the licensee's address of record, of the cancellation of the license or identicard and identify the incorrect information.
[ 2018 c 110 s 107; 1993 c 501 s 3; 1991 c 293 s 4; 1965 ex.s. c 121 s 20. ]
NOTES:
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
(1) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the department in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.
(2) The department shall, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a report of such conviction to the motor vehicle administrator in the state wherein the person so convicted is a resident. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; and indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security.
(3) The department shall, upon receiving a record of the commission of a traffic infraction in this state by a nonresident driver of a motor vehicle, forward a report of the traffic infraction to the motor vehicle administrator in the state where the person who committed the infraction resides. The report shall clearly identify the person found to have committed the infraction; describe the infraction, specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; and indicate whether the determination that an infraction was committed was contested or whether the individual failed to respond to the notice of infraction.
[ 1979 ex.s. c 136 s 57; 1965 ex.s. c 121 s 21. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) It shall be unlawful for any person to rent a motor vehicle of any kind including a motorcycle to any other person unless the latter person is then duly licensed as a vehicle driver for the kind of motor vehicle being rented in this state or, in case of a nonresident, then that he or she is duly licensed as a driver under the laws of the state or country of his or her residence except a nonresident whose home state or country does not require that a motor vehicle driver be licensed;
(2) It shall be unlawful for any person to rent a motor vehicle to another person until he or she has inspected the vehicle driver's license of such other person and compared and verified the signature thereon with the signature of such other person written in his or her presence;
(3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle driver's license of the person renting the vehicle and the date and place when and where such vehicle driver's license was issued. Such record shall be open to inspection by any police officer or anyone acting for the director.
[ 2010 c 8 s 9020; 1969 c 27 s 1. Prior: 1967 c 232 s 9; 1967 c 32 s 28; 1961 c 12 s 46.20.220; prior: 1937 c 188 s 63; RRS s 6312-63. ]
NOTES:
Allowing unauthorized person to drive: RCW 46.16A.520, 46.20.024.
Helmet requirements: RCW 46.37.535.
(1) Whenever the department proposes to withhold the driving privilege of a person or disqualify a person from operating a commercial motor vehicle and this action is made mandatory by the provisions of this chapter or other law, the department must give notice to the person in writing by posting in the United States mail, appropriately addressed, postage prepaid, or by personal service. Notice by mail is given upon deposit in the United States mail. Notice given under this subsection must specify the date upon which the driving privilege is to be withheld which shall not be less than forty-five days after the original notice is given.
(2) For persons subject to suspension, revocation, or denial of a driver's license who are eligible for full credit under RCW 46.61.5055(9)(b)(ii), the notice in subsection (1) of this section must also notify the person of the obligation to complete the requirements under RCW 46.20.311 and pay the probationary license fee under RCW 46.20.355 by the date specified in the notice in order to avoid license suspension.
(3) Within fifteen days after notice has been given to a person under subsection (1) of this section, the person may request in writing an administrative review before the department. If the request is mailed, it must be postmarked within fifteen days after the date the department has given notice. If a person fails to request an administrative review within fifteen days after the date the department gives notice, the person is considered to have defaulted and loses his or her right to an administrative review unless the department finds good cause for a request after the fifteen-day period.
(a) An administrative review under this subsection shall consist solely of an internal review of documents and records submitted or available to the department, unless the person requests an interview before the department, in which case all or any part of the administrative review may, at the discretion of the department, be conducted by telephone or other electronic means.
(b) The only issues to be addressed in the administrative review are:
(i) Whether the records relied on by the department identify the correct person; and
(ii) Whether the information transmitted from the court or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.
(c) For the purposes of this section, the notice received from a court or other reporting agency or entity, regardless of form or format, is prima facie evidence that the information from the court or other reporting agency or entity regarding the person is accurate. A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the withholding of the driving privilege.
(d) The action subject to the notification requirements of subsection (1) of this section shall be stayed during the administrative review process.
(e) Judicial review of a department order affirming the action subject to the notification requirements of subsection (1) of this section after an administrative review shall be available in the same manner as provided in RCW 46.20.308(8). The department shall certify its record to the court within thirty days after service upon the department of the petition for judicial review. The action subject to the notification requirements of subsection (1) of this section shall not automatically be stayed during the judicial review. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.
(4) The department may adopt rules that are considered necessary or convenient by the department for purposes of administering this section, including, but not limited to, rules regarding expedited procedures for issuing orders and expedited notice procedures.
(5) This section does not apply where an opportunity for an informal settlement, driver improvement interview, or formal hearing is otherwise provided by law or rule of the department.
[ 2020 c 330 s 5; 2005 c 288 s 1. ]
NOTES:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2005 c 288: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005." [ 2005 c 288 s 9.]
(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265.
(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.
(c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively up to the juvenile's twenty-first birthday, and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law. Periods of revocation imposed consecutively under this section shall not extend beyond the juvenile's twenty-first birthday.
(3)(a) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section if the minimum term of revocation as specified in RCW 13.40.265(3), 66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or similar ordinance has expired, and subject to subsection (2)(c) of this section.
(b) The juvenile may seek reinstatement of his or her driving privileges from the department when the juvenile reaches the age of twenty-one. A notice from the court reinstating the juvenile's driving privilege shall not be required if reinstatement is pursuant to this subsection.
[ 2016 c 136 s 8; 2005 c 288 s 2; 2003 c 20 s 1; 1998 c 41 s 2; 1994 sp.s. c 7 s 439; 1991 c 260 s 1; 1989 c 271 s 117; 1988 c 148 s 7. ]
NOTES:
Effective date—2005 c 288: See note following RCW 46.20.245.
Intent—Construction—1998 c 41: "It is the intent and purpose of this act to clarify procedural issues and make technical corrections to statutes relating to drivers' licenses. This act should not be construed as changing existing public policy." [ 1998 c 41 s 1.]
Effective date—1998 c 41: "This act takes effect July 1, 1998." [ 1998 c 41 s 15.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.
If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under RCW 46.20.075:
(1) On the first such conviction or finding the department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;
(2) On the second such conviction or finding, the department shall suspend the person's intermediate driver's license for a period of six months or until the person reaches eighteen years of age, whichever occurs first, and mail the parent or guardian of the person a notification of the suspension;
(3) On the third such conviction or finding, the department shall suspend the person's intermediate driver's license until the person reaches eighteen years of age, and mail the parent or guardian of the person a notification of the suspension.
For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.
[ 2000 c 115 s 3. ]
NOTES:
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
(1) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations within this state, shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
(2) Every state agency or municipality having jurisdiction over offenses committed under this chapter, or under any other act of this state or municipal ordinance adopted by a state or local authority regulating the operation of motor vehicles on highways, may forward to the department within 10 days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, parking, or civil penalties issued under RCW 46.63.160 or 46.63.200 has been committed, or failure to appear at a hearing to explain mitigating circumstances, an abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that two or more violations of laws governing standing, stopping, and parking or one or more civil penalties issued under RCW 46.63.160 or 46.63.200 have been committed and indicating the nature of the defendant's failure to act. Such violations or infractions may not have occurred while the vehicle is stolen from the registered owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.
(3) For the purposes of this title and except as defined in RCW 46.25.010, "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine or court cost, a plea of guilty or nolo contendere, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW.
(4) Perfection of a notice of appeal shall stay the execution of the sentence pertaining to the withholding of the driving privilege.
(5) For the purposes of this title, "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.
[ 2024 c 308 s 2; 2015 c 189 s 1; 2013 2nd sp.s. c 35 s 17; 2010 c 249 s 11; 2009 c 181 s 1; 2006 c 327 s 1; 2005 c 288 s 3; 2004 c 231 s 5; 1990 2nd ex.s. c 1 s 402; 1990 c 250 s 42; 1982 1st ex.s. c 14 s 5; 1979 ex.s. c 136 s 58; 1979 c 61 s 7; 1977 ex.s. c 3 s 1; 1967 ex.s. c 145 s 55; 1965 ex.s. c 121 s 22; 1961 c 12 s 46.20.270. Prior: 1937 c 188 s 68; RRS s 6312-68; prior: 1923 c 122 s 2, part; 1921 c 108 s 9, part; RRS s 6371, part. ]
NOTES:
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—2005 c 288: See note following RCW 46.20.245.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The department shall revoke the license of any driver for the period of one year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:
(1) For vehicular homicide the period of revocation shall be two years. The revocation period shall be tolled during any period of total confinement for the offense;
(2) Vehicular assault. The revocation period shall be tolled during any period of total confinement for the offense;
(3) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
(4) Any felony where the sentencing court determines that in the commission of the offense a motor vehicle was used in a manner that endangered persons or property;
(5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another or resulting in damage to a vehicle that is driven or attended by another;
(6) Perjury or the making of a false affidavit or statement under oath to the department under this title or under any other law relating to the ownership or operation of motor vehicles;
(7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years.
[ 2025 c 23 s 6; 2020 c 16 s 1; 2005 c 288 s 4; 2001 c 64 s 6. Prior: 1998 c 207 s 4; 1998 c 41 s 3; 1996 c 199 s 5; 1990 c 250 s 43; 1985 c 407 s 2; 1984 c 258 s 324; 1983 c 165 s 16; 1983 c 165 s 15; 1965 ex.s. c 121 s 24. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2020 c 16: "This act takes effect January 1, 2022." [ 2020 c 16 s 2.]
Effective date—2005 c 288: See note following RCW 46.20.245.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Revocation of license for attempting to elude pursuing police vehicle: RCW 46.61.024.
Vehicular assault, penalty: RCW 46.61.522.
Vehicular homicide, penalty: RCW 46.61.520.
(1) The department of licensing shall adopt procedures in cooperation with the administrative office of the courts and the department of corrections to implement RCW 46.20.285.
(2) The department of licensing shall ensure that the department of corrections has direct access to appropriate department of licensing systems in order that the department of corrections may assist incarcerated individuals with obtaining a driver's license under this chapter, prior to an individual's release from confinement.
[ 2024 c 315 s 5; 2005 c 282 s 47; 1996 c 199 s 6. ]
NOTES:
Effective date—2024 c 315: See note following RCW 72.09.270.
Severability—1996 c 199: See note following RCW 9.94A.505.
(1) Except for traffic violations committed under RCW 46.61.165, the department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070(6), 46.63.110(6), or 46.64.025 that the person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a hearing for a moving violation, or failed to comply with the terms of a criminal complaint or criminal citation for a moving violation.
(2) The department shall suspend all driving privileges of a person when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005.
(3) A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311.
(4) A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case or cases have been adjudicated.
[ 2021 c 240 s 5; 2019 c 467 s 2; 2016 c 203 s 6; 2012 c 82 s 3; 2005 c 288 s 5; 2002 c 279 s 4; 1999 c 274 s 1; 1995 c 219 s 2; 1993 c 501 s 1. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
Finding—Intent—2019 c 467: "The legislature finds that individuals who engage in contrived or repeated violations of the state's high occupancy vehicle lane restrictions frustrate the state's congestion management, and justifiably incite indignation and anger among fellow transportation system users. The legislature intends the escalating penalties prescribed in this act to rebuke and discourage such conduct within Washington's transportation system." [ 2019 c 467 s 1.]
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Effective date—2005 c 288: See note following RCW 46.20.245.
The department of licensing in consultation with the administrative office of the courts must adopt and maintain rules, by November 1, 2012, in accordance with chapter 34.05 RCW that define a moving violation for the purposes of this act. "Moving violation" shall be defined pursuant to Title 46 RCW. Upon adoption of these rules, the department must provide written notice to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.
[ 2012 c 82 s 4. ]
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[ 2025 c 23 s 7; 2021 c 240 s 7. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2021 c 240: See note following RCW 46.63.060.
PDFRCW 46.20.2892
Traffic infractions for moving violations—Suspension—Probation—Notice (as amended by 2025 c 175).
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one ((calendar)) year to begin when the suspension ends, except as provided in subsection (2) of this section. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department.
(2) At any time after the department provides notice of a pending suspension under subsection (1) of this section, a person may complete the safe driving course mandated under subsection (1) of this section. The department must terminate a suspension or pending suspension prior to the expiration of the 60-day period when the department receives notice that the person has completed the safe driving course, provided applicable requirements under RCW 46.20.311 have been met and any other applicable licensing fees have been paid. The department must establish a period of probation for one year to begin the day the suspension or pending suspension is terminated. A suspension or pending suspension may only be terminated early once every five years under this subsection.
(3) During ((the))a period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served. A person is not eligible for early reinstatement under subsection (2) of this section for a probation violation that occurs during the period of probation.
(((2)))(4) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(((3)))(5) The department may not charge a reissue fee at the end of the term of suspension under this section.
(((4)))(6) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[ 2025 c 175 s 1; 2021 c 240 s 7.]
Effective date—2025 c 175: "This act takes effect April 1, 2026." [ 2025 c 175 s 3.]
PDFRCW 46.20.2892
Traffic infractions for moving violations—Suspension—Probation—Notice (as amended by 2025 c 228). (Effective January 1, 2029.)
(1)(a) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, and subject to the requirements of (b) of this subsection, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(b)(i) During the first 120 days of the period of probation, following the period of suspension for an accumulation of moving violations under this section in which one or more of the violations is for excessive speeding, as defined in RCW 46.04.16991, the person may not operate a vehicle upon which a properly functioning intelligent speed assistance device has not been installed. The operation of a vehicle without such a properly functioning intelligent speed assistance device is a traffic infraction.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
(5) A person who is required to operate a motor vehicle with an intelligent speed assistance device under subsection (1) of this section remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation under subsection (1) of this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
[ 2025 c 228 s 12; 2021 c 240 s 7.]
Reviser's note: RCW 46.20.2892 was amended twice during the 2025 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Effective date—2021 c 240: See note following RCW 46.63.060.
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3);
(5) Has failed to respond to a notice of traffic infraction, failed to appear at a hearing, or has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289;
(6) Is subject to suspension under RCW 46.20.305 or 9A.56.078;
(7) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921; or
(8) Has been certified by the department of social and health services as a person who is not in compliance with a child support order or a *residential or visitation order as provided in RCW 74.20A.320.
[ 2021 c 240 s 6; 2016 c 203 s 5; 2007 c 393 s 2; 1998 c 165 s 12; 1997 c 58 s 806; 1993 c 501 s 4; 1991 c 293 s 5; 1980 c 128 s 12; 1965 ex.s. c 121 s 25. ]
NOTES:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Reckless driving, suspension of license: RCW 46.61.500.
Vehicular assault
drug and alcohol evaluation and treatment: RCW 9.94A.703.
penalty: RCW 46.61.522.
Vehicular homicide
drug and alcohol evaluation and treatment: RCW 9.94A.703.
penalty: RCW 46.61.520.
The department may suspend, revoke, restrict, or condition any driver's license upon a showing of its records that the licensee has been found by a juvenile court, chief probation officer, or any other duly authorized officer of a juvenile court to have committed any offense or offenses which under Title 46 RCW constitutes grounds for said action.
[ 1979 c 61 s 8; 1967 c 167 s 9. ]
The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state. Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.
The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of thirteen dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.
[ 2012 c 74 s 4; 2007 c 424 s 1; 2002 c 352 s 15; 1999 c 86 s 3; 1990 c 250 s 44; 1979 c 61 s 9; 1977 ex.s. c 3 s 2; 1971 ex.s. c 292 s 45; 1969 ex.s. c 170 s 14; 1967 c 167 s 10. ]
NOTES:
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—2007 c 424: "This act takes effect August 1, 2007." [ 2007 c 424 s 5.]
Effective dates—2002 c 352: See note following RCW 46.09.410.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
The director of licensing shall suspend, revoke, or cancel the vehicle driver's license of any resident of this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this state, would be ground for the suspension or revocation of the vehicle driver's license. The director may further, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a certified copy of such record to the motor vehicle administrator in the state of which the person so convicted is a resident; such record to consist of a copy of the judgment and sentence in the case.
[ 1989 c 337 s 7; 1979 c 158 s 150; 1967 c 32 s 29; 1961 c 12 s 46.20.300. Prior: 1957 c 273 s 8; prior: 1937 c 188 s 66, part; RRS s 6312-66, part; 1923 c 122 s 1, part; 1921 c 108 s 9, part; RRS s 6371, part. ]
(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.
(2) The department shall require a driver reported under RCW 46.52.070 (2) and (3) to submit to an examination. The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for examination.
(3) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.
(4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.
(5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.
[ 1999 c 351 s 3; 1998 c 165 s 13; 1965 ex.s. c 121 s 26. ]
NOTES:
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.
(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. Prior to administering a breath test pursuant to this section, the officer shall inform the person of his or her right under this section to refuse the breath test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
(b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if:
(i) The driver is age twenty-one or over and the test indicates either that the alcohol concentration of the driver's breath is 0.08 or more; or
(ii) The driver is under age twenty-one and the test indicates either that the alcohol concentration of the driver's breath is 0.02 or more; or
(iii) The driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and
(d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.
(3) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested exercises the right, granted herein, by refusing upon the request of a law enforcement officer to submit to a test or tests of his or her breath, no test shall be given except as otherwise authorized by law.
(4) Nothing in subsection (1), (2), or (3) of this section precludes a law enforcement officer from obtaining a person's blood to test for alcohol, cannabis, or any drug, pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law. Any blood drawn for the purpose of determining the person's alcohol, cannabis levels, or any drug, is drawn pursuant to this section when the officer has reasonable grounds to believe that the person is in physical control or driving a vehicle under the influence or in violation of RCW 46.61.503.
(5) If, after arrest and after any other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more, or the THC concentration of the person's blood is 5.00 or more, if the person is age twenty-one or over, or that the alcohol concentration of the person's breath or blood is 0.02 or more, or the THC concentration of the person's blood is above 0.00, if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:
(a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (6) of this section;
(b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (7) of this section;
(c) Serve notice in writing that the license or permit, if any, is a temporary license that is valid for thirty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (7) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and
(d) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by chapter 5.50 RCW that states:
(i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol or THC concentration in violation of RCW 46.61.503;
(ii) That after receipt of any applicable warnings required by subsection (2) of this section the person refused to submit to a test of his or her breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more, or the THC concentration of the person's blood was 5.00 or more, if the person is age twenty-one or over, or that the alcohol concentration of the person's breath or blood was 0.02 or more, or the THC concentration of the person's blood was above 0.00, if the person is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(6) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by chapter 5.50 RCW under subsection (5)(d) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning thirty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (7) of this section, whichever occurs first.
(7) A person receiving notification under subsection (5)(b) of this section may, within seven days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of three hundred seventy-five dollars as part of the request. If the request is mailed, it must be postmarked within seven days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within thirty days, excluding Saturdays, Sundays, and legal holidays, following the date of timely receipt of such request for a formal hearing before the department or thirty days, excluding Saturdays, Sundays, and legal holidays following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license under subsection (5) of this section extended, if the person is otherwise eligible for licensing. Unless otherwise agreed to by the department and the person, the department must give five days notice of the hearing to the person. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more, or THC in his or her system in a concentration above 0.00, if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more, or the THC concentration of the person's blood was 5.00 or more, if the person was age twenty-one or over at the time of the arrest, or that the alcohol concentration of the person's breath or blood was 0.02 or more, or the THC concentration of the person's blood was above 0.00, if the person was under the age of twenty-one at the time of the arrest. Where a person is found to be in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was under the age of twenty-one at the time of the arrest and was in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or THC concentration above 0.00, the person may petition the hearing officer to apply the affirmative defense found in RCW 46.61.504(3) and 46.61.503(2). The driver has the burden to prove the affirmative defense by a preponderance of the evidence. The sworn report or report under a declaration authorized by chapter 5.50 RCW submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more, or THC in his or her system in a concentration above 0.00, and was under the age of twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by chapter 5.50 RCW of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(8) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.
(9)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (6) of this section, other than as a result of a breath test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (6) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution. The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license under subsection (5) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary license or extension of a temporary license issued under this subsection.
(b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.
(10) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
[ 2022 c 16 s 38; 2019 c 232 s 21; 2016 c 203 s 15; 2015 2nd sp.s. c 3 s 5; 2013 2nd sp.s. c 35 s 36. Prior: 2013 c 3 s 31 (Initiative Measure No. 502, approved November 6, 2012); 2012 c 183 s 7; 2012 c 80 s 12; 2008 c 282 s 2; prior: 2005 c 314 s 307; 2005 c 269 s 1; prior: 2004 c 187 s 1; 2004 c 95 s 2; 2004 c 68 s 2; prior: 1999 c 331 s 2; 1999 c 274 s 2; prior: 1998 c 213 s 1; 1998 c 209 s 1; 1998 c 207 s 7; 1998 c 41 s 4; 1995 c 332 s 1; 1994 c 275 s 13; 1989 c 337 s 8; 1987 c 22 s 1; prior: 1986 c 153 s 5; 1986 c 64 s 1; 1985 c 407 s 3; 1983 c 165 s 2; 1983 c 165 s 1; 1981 c 260 s 11; prior: 1979 ex.s. c 176 s 3; 1979 ex.s. c 136 s 59; 1979 c 158 s 151; 1975 1st ex.s. c 287 s 4; 1969 c 1 s 1 (Initiative Measure No. 242, approved November 5, 1968). ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2016 c 203 s 15: "Section 15 of this act takes effect January 1, 2019." [ 2016 c 203 s 21.]
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Effective date—2008 c 282: "Sections 2, 4 through 8, and 11 through 14 of this act take effect January 1, 2009." [ 2008 c 282 s 23.]
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: "Sections 1, 5, 7, 8, and 10 of this act take effect July 1, 2005." [ 2004 c 187 s 11.]
Contingent effect—2004 c 95 s 2: "Section 2 of this act takes effect if section 2 of Substitute House Bill No. 3055 is enacted into law." [ 2004 c 95 s 17.] 2004 c 68 s 2 was enacted into law, effective June 10, 2004.
Finding—Intent—2004 c 68: "The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers continue at unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
To accomplish this goal, the legislature adopts standards governing the admissibility of tests of a person's blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the delays caused by challenges to various breath test instrument components and maintenance procedures. Such challenges, while allowed, will no longer go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted blood or breath test result.
The legislature's authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027 (1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v. Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [ 2004 c 68 s 1.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999." [ 1998 c 213 s 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999." [ 1998 c 209 s 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1995 c 332: "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." [ 1995 c 332 s 23.]
Effective dates—1995 c 332: "This act shall take effect September 1, 1995, except for sections 13 and 22 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [ 1995 c 332 s 24.]
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers have reached unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment, where appropriate, be in addition to and not in lieu of the sanctions to be applied to all those convicted of driving while intoxicated." [ 1983 c 165 s 44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18, 22, 24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986. The remainder of chapter 165, Laws of 1983 is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983. The director of licensing may immediately take such steps as are necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates." [ 1984 c 219 s 1; 1983 c 165 s 47.]
Severability—1983 c 165: "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." [ 1983 c 165 s 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.
Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:
(1) In the case of a person who has refused a test or tests:
(a) For a first refusal within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, revocation or denial for one year;
(b) For a second or subsequent refusal within seven years, or for a first refusal where there has been one or more previous incidents within seven years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer.
(2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.08 or more, or that the THC concentration of the person's blood was 5.00 or more:
(a) For a first incident within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, suspension for ninety days, unless the person successfully completes or is enrolled in a pretrial 24/7 sobriety program;
(b) For a second or subsequent incident within seven years, revocation or denial for two years.
(3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.02 or more, or that the THC concentration of the person's blood was above 0.00:
(a) For a first incident within seven years, suspension or denial for ninety days;
(b) For a second or subsequent incident within seven years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.
(4) The department shall grant credit on a day-for-day basis for a suspension, revocation, or denial imposed under this section for any portion of a suspension, revocation, or denial already served under RCW 46.61.5055 arising out of the same incident. If a person has already served a suspension, revocation, or denial under RCW 46.61.5055 for a period equal to or greater than the period imposed under this section, the department shall provide notice of full credit, shall provide for no further suspension or revocation under this section, and shall impose no additional reissue fees for this credit.
[ 2020 c 330 s 6; 2016 c 203 s 18; 2013 c 3 s 32 (Initiative Measure No. 502, approved November 6, 2012). Prior: 2004 c 95 s 4; 2004 c 68 s 3; prior: 1998 c 213 s 2; 1998 c 209 s 2; 1998 c 207 s 8; 1995 c 332 s 3. ]
NOTES:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
(1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW.
(c) If the suspension is the result of a nonfelony violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502(6) or 46.61.504(6), the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency required under RCW 46.61.524 and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720(8). If, based upon notification from the interlock provider or otherwise, the department determines that an interlock required under RCW 46.20.720 is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.
(e)(i) Except as provided in RCW 46.20.2892(5), the department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of $75.
(ii) Except as provided in subsection (4) of this section, if the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be $170.
(2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of $75.
(ii) Except as provided in subsection (4) of this section, if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be $170. If the revocation is the result of a nonfelony violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502(6) or 46.61.504(6), the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency required under RCW 46.61.524 and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person applying for a new license. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720(8). If, following issuance of a new license, the department determines, based upon notification from the interlock provider or otherwise, that an interlock required under RCW 46.20.720 is no longer functioning, the department shall suspend the person's license or privilege to drive until the department has received written verification from an interlock provider that a functioning interlock is installed.
(c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of $75.
(b) Except as provided in subsection (4) of this section, if the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be $170.
(4) When the department reinstates a person's driver's license following a suspension, revocation, or denial under RCW 46.20.3101 or 46.61.5055, and the person is entitled to full day-for-day credit under RCW 46.20.3101(4) or 46.61.5055(9)(b)(ii) for an additional restriction arising from the same incident, the department shall impose no additional reissue fees under subsection (1)(e)(ii), (2)(b)(ii), or (3)(b) of this section associated with the additional restriction.
[ 2025 c 175 s 2; 2021 c 240 s 8; 2020 c 330 s 7; 2016 c 203 s 12; 2006 c 73 s 15; 2005 c 314 s 308; 2004 c 95 s 3; 2003 c 366 s 2; 2001 c 325 s 2; 2000 c 115 s 7; 1998 c 212 s 1; 1997 c 58 s 807; 1995 c 332 s 11; 1994 c 275 s 27; 1993 c 501 s 5; 1990 c 250 s 45; 1988 c 148 s 9. Prior: 1985 c 407 s 4; 1985 c 211 s 1; 1984 c 258 s 325; 1983 c 165 s 18; 1983 c 165 s 17; 1982 c 212 s 5; 1981 c 91 s 1; 1979 ex.s. c 136 s 60; 1973 1st ex.s. c 36 s 1; 1969 c 1 s 2 (Initiative Measure No. 242, approved November 5, 1968); 1967 c 167 s 5; 1965 ex.s. c 121 s 27. ]
NOTES:
Effective date—2025 c 175: See note following RCW 46.20.2892.
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) The department is authorized to administratively reinstate the license of a person suspended pursuant to RCW 46.20.289(1) prior to January 1, 2023, because the person:
(a) Failed to respond to a notice of traffic infraction for a moving violation;
(b) Failed to appear at a requested hearing for a moving violation;
(c) Violated a written promise to appear in court for a notice of infraction for a moving violation; or
(d) Failed to comply with the terms of a notice of traffic infraction.
(2) No later than 90 days after January 1, 2023, the department shall:
(a) Take reasonable steps to publicize the availability of relief to reinstate a suspended license as provided in this section; and
(b) Create an online application process for persons whose licenses are suspended and may be eligible for reinstatement as provided in this section. The online application process shall allow a person to determine whether the person is eligible to have his or her license reinstated and explain the process for reinstatement. A reissue fee as provided in RCW 46.20.311 shall apply.
(3) A reissue fee as provided in RCW 46.20.311 shall apply to any license reinstated under this section.
[ 2021 c 240 s 11. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
The department upon suspending or revoking a license shall require that such license shall be surrendered to and be retained by the department.
[ 1985 c 302 s 1; 1965 ex.s. c 121 s 28. ]
The department is hereby authorized to place any unlicensed person into a suspended or revoked status under any circumstances which would have resulted in the suspension or revocation of the driver's license had that person been licensed.
[ 1975-'76 2nd ex.s. c 29 s 2. Formerly RCW 46.20.414. ]
Any suspension, revocation, or cancellation of a vehicle driver's license shall be in effect notwithstanding the certificate itself is not delivered over or possession thereof obtained by a court, officer, or the director.
[ 1967 c 32 s 30; 1961 c 12 s 46.20.320. Prior: 1957 c 273 s 10; prior: 1937 c 188 s 66, part; RRS s 6312-66, part; 1923 c 122 s 1, part; 1921 c 108 s 9, part; RRS s 6371, part. ]
(1) Whenever the department proposes to suspend or revoke the driving privilege of any person or proposes to impose terms of probation on a person's driving privilege or proposes to refuse to renew a driver's license, notice and an opportunity for a driver improvement interview shall be given before taking such action, except as provided in RCW 46.20.324 and 46.20.325.
(2) Whenever the department proposes to suspend, revoke, restrict, or condition a minor driver's driving privilege the department may require the appearance of the minor's legal guardian or father or mother, otherwise the parent or guardian having custody of the minor.
[ 1979 c 61 s 10; 1973 1st ex.s. c 154 s 88; 1967 c 167 s 6; 1965 ex.s. c 121 s 29. ]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person to appear for a driver improvement interview not less than ten days from the date notice is given.
[ 1965 ex.s. c 121 s 30. ]
Unless otherwise provided by law, a person shall not be entitled to a driver improvement interview or formal hearing under the provisions of RCW 46.20.322 through 46.20.333 when the person:
(1) Has been granted the opportunity for an administrative review, informal settlement, or formal hearing under RCW 46.20.245, 46.20.308, 46.25.120, 46.65.065, 74.20A.320, or by rule of the department; or
(2) Has refused or neglected to submit to an examination as required by RCW 46.20.305.
[ 2023 c 35 s 9; 2005 c 288 s 6; 1965 ex.s. c 121 s 31. ]
NOTES:
Effective date—2023 c 35: See note following RCW 46.25.010.
Effective date—2005 c 288: See note following RCW 46.20.245.
In the alternative to the procedure set forth in RCW 46.20.322 and 46.20.323 the department, whenever it determines from its records or other sufficient evidence that the safety of persons upon the highways requires such action, shall forthwith and without a driver improvement interview suspend the privilege of a person to operate a motor vehicle or impose reasonable terms and conditions of probation consistent with the safe operation of a motor vehicle. The department shall in such case, immediately notify such licensee in writing and upon his or her request shall afford him or her an opportunity for a driver improvement interview as early as practical within not to exceed seven days after receipt of such request, or the department, at the time it gives notice may set the date of a driver improvement interview, giving not less than ten days' notice thereof.
[ 2010 c 8 s 9021; 1965 ex.s. c 121 s 32. ]
Failure to appear for a driver improvement interview at the time and place stated by the department in its notice as provided in RCW 46.20.322 and 46.20.323 or failure to request a driver improvement interview within ten days as provided in RCW 46.20.325 constitutes a waiver of a driver improvement interview, and the department may take action without such driver improvement interview, or the department may, upon request of the person whose privilege to drive may be affected, or at its own option, re-open the case, take evidence, change or set aside any order theretofore made, or grant a driver improvement interview.
[ 1990 c 250 s 46; 1965 ex.s. c 121 s 33. ]
A driver improvement interview shall be conducted in a completely informal manner before a driver improvement analyst sitting as a referee. The applicant or licensee shall have the right to make or file a written answer or statement in which he or she may controvert any point at issue, and present any evidence or arguments for the consideration of the department pertinent to the action taken or proposed to be taken or the grounds therefor. The department may consider its records relating to the applicant or licensee. The driver improvement interview shall not be deemed an agency hearing.
[ 2010 c 8 s 9022; 1965 ex.s. c 121 s 34. ]
Upon the conclusion of a driver improvement interview, the department's referee shall make findings on the matter under consideration and shall notify the person involved in writing. Such findings may be served on a party via electronic distribution, with a party's agreement. The referee's findings shall be final unless the person involved is notified to the contrary within 15 days. The decision is effective upon notice. The person upon receiving such notice may, in writing and within ten days, request a formal hearing.
[ 2025 c 23 s 8; 1979 c 61 s 11; 1965 ex.s. c 121 s 35. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Persons not entitled to formal hearing: RCW 46.20.324.
Upon receiving a request for a formal hearing as provided in RCW 46.20.328, the department shall fix a time and place for hearing, including a remote hearing or an in-person hearing in the county where the applicant or licensee resides, with the concurrence of the applicant or the licensee, as early as may be arranged, and shall give 10 days' notice of the hearing to the applicant or licensee.
Any decision by the department suspending or revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as herein provided or during the pendency of a subsequent appeal to superior court: PROVIDED, That this stay shall be effective only so long as there is no conviction of a moving violation or a finding that the person has committed a traffic infraction that is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order setting aside the stay during the pendency of such appeal in those cases where the action of the department is based upon physical or mental incapacity, or a failure to successfully complete an examination required by this chapter.
A formal hearing shall be conducted by a person or persons appointed by the director from among the employees of the department.
[ 2025 c 23 s 9; 1982 c 189 s 4; 1981 c 67 s 28; 1979 ex.s. c 136 s 61; 1972 ex.s. c 29 s 1; 1965 ex.s. c 121 s 36. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The director may appoint a designee, or designees, to preside over hearings in adjudicative proceedings that may result in the denial, restriction, suspension, or revocation of a driver's license or driving privilege, or in the imposition of requirements to be met prior to issuance or reissuance of a driver's license, under Title 46 RCW. The director may delegate to any such designees the authority to render the final decision of the department in such proceedings. Chapter 34.12 RCW shall not apply to such proceedings.
[ 1989 c 175 s 111; 1982 c 189 s 3. ]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.
At a formal hearing the department shall consider its records and may receive sworn testimony and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers in the manner and subject to the conditions provided in chapter 5.56 RCW relating to the issuance of subpoenas. In addition the department may require a reexamination of the licensee or applicant. Proceedings at a formal hearing shall be recorded stenographically or by mechanical device. Upon the conclusion of a formal hearing, if not heard by the director or a person authorized by him or her to make final decisions regarding the issuance, denial, suspension, or revocation of licenses, the referee or board shall make findings on the matters under consideration and may prepare and submit recommendations to the director or such person designated by the director who is authorized to make final decisions regarding the issuance, denial, suspension, or revocation of licenses.
[ 2010 c 8 s 9023; 1972 ex.s. c 29 s 2; 1965 ex.s. c 121 s 37. ]
In all cases not heard by the director or a person authorized by him or her to make final decisions regarding the issuance, denial, suspension, or revocation of licenses the director, or a person so authorized shall review the records, evidence, and the findings after a formal hearing, and shall render a decision sustaining, modifying, or reversing the order of suspension or revocation or the refusal to grant, or renew a license or the order imposing terms or conditions of probation, or may set aside the prior action of the department and may direct that probation be granted to the applicant or licensee and in such case may fix the terms and conditions of the probation.
[ 2010 c 8 s 9024; 1972 ex.s. c 29 s 3; 1965 ex.s. c 121 s 38. ]
Unless otherwise provided by law, any person denied a license or a renewal of a license or whose license has been suspended or revoked by the department shall have the right within thirty days, after receiving notice of the decision following a formal hearing to file a notice of appeal in the superior court in the county of his or her residence. The hearing on the appeal hereunder shall be de novo.
[ 2010 c 8 s 9025; 2005 c 288 s 7; 1972 ex.s. c 29 s 4; 1965 ex.s. c 121 s 39. ]
NOTES:
Effective date—2005 c 288: See note following RCW 46.20.245.
Whenever by any provision of this chapter the department has discretionary authority to suspend or revoke the privilege of a person to operate a motor vehicle, the department may in lieu of a suspension or revocation place the person on probation, the terms of which may include a suspension as a condition of probation, and upon such other reasonable terms and conditions as shall be deemed by the department to be appropriate.
[ 1965 ex.s. c 121 s 40. ]
It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identicard.
[ 1990 c 210 s 4. ]
(1)(a) A person who violates RCW 46.20.342(1)(c)(iv) in a jurisdiction that does not have a relicensing diversion program shall be provided with an abstract of his or her driving record by the court or the prosecuting attorney, in addition to a list of his or her unpaid traffic offense related fines and the contact information for each jurisdiction or collection agency to which money is owed.
(b) A fee of up to twenty dollars may be imposed by the court in addition to any fee required by the department for provision of the driving abstract.
(2)(a) Superior courts or courts of limited jurisdiction in counties or cities are authorized to participate or provide relicensing diversion programs to persons who violate RCW 46.20.342(1)(c)(iv).
(b) Eligibility for the relicensing diversion program shall be limited to violators with no more than four convictions under RCW 46.20.342(1)(c)(iv) in the ten years preceding the date of entering the relicensing diversion program, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court. People subject to arrest under a warrant are not eligible for the diversion program.
(c) The diversion option may be offered at the discretion of the prosecuting attorney before charges are filed, or by the court after charges are filed.
(d) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation of RCW 46.20.342(1)(c)(iv) may not participate in the diversion program under this section.
(e) A relicensing diversion program that is structured to occur after charges are filed may charge participants a one-time fee of up to one hundred dollars, which is not subject to chapters 3.50, 3.62, and 35.20 RCW, and shall be used to support administration of the program. The fee of up to one hundred dollars shall be included in the total to be paid by the participant in the relicensing diversion program.
(3) A relicensing diversion program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.
(4)(a) Counties and cities that operate relicensing diversion programs shall, subject to available funds, provide information to the administrative office of the courts on an annual basis regarding the eligibility criteria used for the program, the number of referrals from law enforcement, the number of participants accepted into the program, the number of participants who regain their driver's license and insurance, the total amount of fines collected, the costs associated with the program, and other information as determined by the office.
(b) The administrative office of the courts is directed, subject to available funds, to compile and analyze the data required to be submitted in this section and develop recommendations for a best practices model for relicensing diversion programs.
[ 2009 c 490 s 1. ]
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than 10 days. Upon the second conviction, the person shall be punished by imprisonment for not less than 90 days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than 180 days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than 90 days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.212(5), relating to reckless endangerment of emergency zone workers;
(ix) A conviction of RCW 46.61.500, relating to reckless driving;
(x) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xii) A conviction of RCW 46.61.522, relating to vehicular assault;
(xiii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
(xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
(xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xviii) A conviction of RCW 46.61.5259, relating to negligent driving with a vulnerable user victim in the first degree;
(xix) An administrative action taken by the department under this chapter;
(xx) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
(xxi) A finding that a person has committed a traffic infraction under RCW 46.61.526 and suspension of driving privileges pursuant to RCW 46.61.526 (4)(b) or (7)(a)(ii).
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because:
(i) The person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program;
(ii) The person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW;
(iii) The person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents;
(iv) The person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a hearing for a moving violation, or failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289(1);
(v) The person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license;
(vi) The person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation;
(vii) The person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses; or
(viii) The person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320, or any combination of (c)(i) through (viii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
(d) For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.
(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
[ 2023 c 471 s 3; 2021 c 240 s 9; 2015 c 149 s 1; 2011 c 372 s 2. Prior: 2010 c 269 s 7; 2010 c 252 s 4; 2008 c 282 s 4; 2004 c 95 s 5; 2001 c 325 s 3; 2000 c 115 s 8; 1999 c 274 s 3; 1993 c 501 s 6; 1992 c 130 s 1; 1991 c 293 s 6; prior: 1990 c 250 s 47; 1990 c 210 s 5; 1987 c 388 s 1; 1985 c 302 s 3; 1980 c 148 s 3; prior: 1979 ex.s. c 136 s 62; 1979 ex.s. c 74 s 1; 1969 c 27 s 2; prior: 1967 ex.s. c 145 s 52; 1967 c 167 s 7; 1965 ex.s. c 121 s 43. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Effective date—2021 c 240: See note following RCW 46.63.060.
Application—Effective date—2011 c 372: See notes following RCW 46.61.526.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2010 c 252: See note following RCW 46.61.212.
Effective date—2008 c 282: See note following RCW 46.20.308.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Effective date—Expiration date—1987 c 388: "Sections 1 through 8 of this act shall take effect on July 1, 1988. The director of licensing shall take such steps as are necessary to insure that this act is implemented on its effective date. Sections 2 through 7 of this act shall expire on July 1, 1993." [ 1987 c 388 s 13.]
Severability—1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 388 s 16.]
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.
Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this title shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. A person who violates the provisions of this section is guilty of a gross misdemeanor.
[ 1990 c 210 s 6; 1985 c 302 s 5; 1967 c 32 s 35; 1961 c 134 s 2. Formerly RCW 46.20.420. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his or her driver's license upon request of the police officer.
[ 2010 c 8 s 9026; 1979 c 158 s 152; 1965 ex.s. c 170 s 47. Formerly RCW 46.20.430. ]
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt of a notice of conviction of RCW 46.61.502 or 46.61.504, the department of licensing shall issue notice that 45 days after receipt, the person must apply for a probationary license, and order the person to surrender any nonprobationary Washington state driver's license that may be in his or her possession.
(2) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060 or 46.61.5055 for a period of five years from the date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon reinstatement or reissuance of a driver's license suspended or revoked as the result of a conviction of RCW 46.61.502 or 46.61.504, the department shall require the person to obtain a probationary license in order to operate a motor vehicle in the state of Washington, except as otherwise exempt under RCW 46.20.025. The department shall not issue the probationary license unless the person is otherwise qualified for licensing, and the person must renew the probationary license on the same cycle as the person's regular license would have been renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.
(4) If a person is eligible for full credit under RCW 46.61.5055(9)(b)(ii) and, by the date specified in the notice issued under RCW 46.20.245, has completed the requirements under RCW 46.20.311 and paid the fee under subsection (5) of this section, the department shall issue a probationary license on the date specified in the notice with no further action required of the person.
(5) For each original issue or renewal of a probationary license under this section, the department shall charge a fee of $50 in addition to any other licensing fees required. Except for when renewing a probationary license, the department shall waive the requirement to obtain an additional probationary license and the $50 fee if the person has a probationary license in his or her possession at the time a new probationary license is required.
(6) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status. The fact that a person's driving privilege is in probationary status or that the person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.
[ 2024 c 306 s 26; 2020 c 330 s 8. Prior: 1998 c 209 s 3; 1998 c 41 s 5; 1995 1st sp.s. c 17 s 1; 1995 c 332 s 4; 1994 c 275 s 8. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—1998 c 209: See note following RCW 46.20.308.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1995 1st sp.s. c 17: "This act shall take effect September 1, 1995." [ 1995 1st sp.s. c 17 s 3.]
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
No person may file an application for an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license as provided in RCW 46.20.391 and 46.20.385 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of one hundred dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.
[ 2008 c 282 s 5; 2004 c 95 s 6; 1985 ex.s. c 1 s 6; 1979 c 61 s 12; 1967 c 32 s 31; 1961 c 12 s 46.20.380. Prior: 1957 c 268 s 1. ]
NOTES:
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
(1)(a) Any person licensed under this chapter or who has a valid driver's license from another state, who is convicted of: (i) A violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance, or (ii) a violation of RCW 46.61.520(1)(a) or an equivalent local or out-of-state statute or ordinance, or (iii) a conviction for a violation of RCW 46.61.520(1) (b) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520(1)(a), or (iv) RCW 46.61.522(1)(b) or an equivalent local or out-of-state statute or ordinance, or (v) RCW 46.61.522(1) (a) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522(1)(b) committed while under the influence of intoxicating liquor or any drug, or (vi) who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, or has had his or her license suspended, revoked, or denied under RCW 46.61.5055(11)(c)(i), or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.
(b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308 or after his or her license is suspended, revoked, or denied.
(c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial, unless otherwise permitted under RCW 46.20.720(6).
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
(6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty-one dollars per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional fee to the department, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee.
(b) The department shall deposit the proceeds of the twenty-one dollar fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.
(8)(a) Any person licensed under this chapter who is convicted of a violation of RCW 46.61.500 when the charge was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver's license under this section.
(b) A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license. The department may require the person to take any driver's licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver's license under RCW 46.20.391.
[ 2024 c 306 s 27; 2020 c 330 s 9; 2017 c 336 s 4; 2016 c 203 s 13; 2015 2nd sp.s. c 3 s 3; 2013 2nd sp.s. c 35 s 20; 2012 c 183 s 8; 2011 c 293 s 1; 2010 c 269 s 1; 2008 c 282 s 9. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: "Sections 1 through 9 of this act take effect September 1, 2011." [ 2011 c 293 s 16.]
Effective date—2010 c 269: "This act takes effect January 1, 2011." [ 2010 c 269 s 12.]
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
[ 2021 c 240 s 10; 2012 c 82 s 2; 2010 c 269 s 2; 2008 c 282 s 6; 2004 c 95 s 7. Prior: 1999 c 274 s 4; 1999 c 272 s 1; prior: 1998 c 209 s 4; 1998 c 207 s 9; 1995 c 332 s 12; 1994 c 275 s 29; 1985 c 407 s 5; 1983 c 165 s 24; 1983 c 165 s 23; 1983 c 164 s 4; 1979 c 61 s 13; 1973 c 5 s 1. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 272: "This act takes effect January 1, 2000." [ 1999 c 272 s 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
PDFRCW 46.20.391
Temporary restricted, occupational licenses—Application—Eligibility—Restrictions—Cancellation. (Effective January 1, 2029.)
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a 12-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than 14 days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4)(a)(i) If a person has applied for a temporary restricted driver's license because the person's license has been suspended under RCW 46.61.500(2), the terms of a license issued under this section must require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(ii) If a person has applied for an occupational driver's license because the person's license has been suspended administratively as a result of an accumulation of moving violations under RCW 46.20.2892, and at least one of the violations was for excessive speeding, the terms of an occupational driver's license issued under this section must require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(b) A person subject to the requirements in (a) of this subsection may not operate a motor vehicle without such a properly functioning device during the duration of the license.
(c)(i) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
(ii) The obligation under this subsection (4) to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
(5) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(6) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
[ 2025 c 228 s 13; 2021 c 240 s 10; 2012 c 82 s 2; 2010 c 269 s 2; 2008 c 282 s 6; 2004 c 95 s 7. Prior: 1999 c 274 s 4; 1999 c 272 s 1; prior: 1998 c 209 s 4; 1998 c 207 s 9; 1995 c 332 s 12; 1994 c 275 s 29; 1985 c 407 s 5; 1983 c 165 s 24; 1983 c 165 s 23; 1983 c 164 s 4; 1979 c 61 s 13; 1973 c 5 s 1.]
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 272: "This act takes effect January 1, 2000." [ 1999 c 272 s 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
In issuing an occupational or a temporary restricted driver's license under RCW 46.20.391, the department shall describe the type of qualifying circumstances for the license and shall set forth in detail the specific hours of the day during which the person may drive to and from his or her residence, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational or temporary restricted driver's license that meets the qualifying circumstance under RCW 46.20.391(3)(b)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational or temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.
[ 2004 c 95 s 8; 1999 c 272 s 2; 1983 c 165 s 26. ]
NOTES:
Effective date—1999 c 272: See note following RCW 46.20.391.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
If an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's license may be issued to such person until he or she surrenders his or her occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license and his or her copy of the order, and the director is satisfied that the person complies with all other provisions of law relative to the issuance of a driver's license.
[ 2008 c 282 s 7; 2004 c 95 s 9; 1967 c 32 s 33; 1961 c 12 s 46.20.400. Prior: 1957 c 268 s 3. ]
NOTES:
Effective date—2008 c 282: See note following RCW 46.20.308.
(1) Any person convicted for violation of any restriction of an occupational driver's license or a temporary restricted driver's license shall in addition to the cancellation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.
(2) It is a gross misdemeanor for a person to violate any restriction of an ignition interlock driver's license.
[ 2010 c 269 s 6; 2008 c 282 s 8; 2004 c 95 s 10; 1967 c 32 s 34; 1961 c 12 s 46.20.410. Prior: 1957 c 268 s 4. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
(1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles. A person who violates this section commits a traffic infraction and is subject to: (a) The base penalty provided under RCW 46.63.110; and (b) an additional monetary penalty of two hundred fifty dollars, which must be deposited in the motorcycle safety education account under RCW 46.68.065.
(2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an electric-assisted bicycle. Persons under sixteen years of age may not operate a class 3 electric-assisted bicycle.
(4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol. Persons under sixteen years of age may not operate a motorized foot scooter unless provided otherwise by a local jurisdiction. A motorized foot scooter may be operated at a speed of up to fifteen miles per hour on a roadway or bicycle lane, and may be operated on a sidewalk or on pedestrian or bicycle trails if authorized by a local jurisdiction, which shall specify the maximum speed of such sidewalk operation.
(6) A person holding a valid driver's license may operate a motorcycle as defined under RCW 46.04.330(2) without a motorcycle endorsement.
(7) A person operating a motorcycle with a stabilizing conversion kit must have a valid driver's license specially endorsed by the director for a three-wheeled motorcycle to enable the holder to operate such a motorcycle.
[ 2019 c 170 s 4; 2019 c 65 s 4; 2018 c 60 s 4; 2013 c 174 s 2; 2009 c 275 s 4. Prior: 2003 c 353 s 9; 2003 c 141 s 7; 2003 c 41 s 1; 2002 c 247 s 6; 1999 c 274 s 8; 1997 c 328 s 3; 1982 c 77 s 1; 1979 ex.s. c 213 s 6; 1967 c 232 s 1. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2019 c 65 s 4 and by 2019 c 170 s 4, 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).
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—2003 c 41: "This act shall be known as the Monty Lish Memorial Act." [ 2003 c 41 s 6.]
Effective date—2003 c 41: "This act takes effect January 1, 2004." [ 2003 c 41 s 7.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1982 c 77: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 77 s 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16A.405(2).
Every person applying for a special endorsement of a driver's license authorizing such person to drive a two or three-wheeled motorcycle or a motor-driven cycle shall pay a fee of five dollars, which is not refundable. In addition, the endorsement fee for the initial motorcycle endorsement shall not exceed sixteen dollars, unless the endorsement is issued for a period other than eight years, in which case the endorsement fee shall not exceed two dollars for each year the initial motorcycle endorsement is issued. The subsequent renewal endorsement fee shall not exceed forty dollars, unless the endorsement is renewed or extended for a period other than eight years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended. Fees collected under this section shall be deposited in the motorcycle safety education account of the highway safety fund.
[ 2021 c 158 s 10; 2012 c 80 s 13; 2007 c 97 s 1; 2003 c 41 s 2; 2002 c 352 s 16; 2001 c 104 s 1. Prior: 1999 c 308 s 5; 1999 c 274 s 9; 1993 c 115 s 1; 1989 c 203 s 2; 1988 c 227 s 5; 1987 c 454 s 2; 1985 ex.s. c 1 s 8; 1982 c 77 s 2; 1979 c 158 s 153; 1967 ex.s. c 145 s 50. ]
NOTES:
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Short title—Effective date—2003 c 41: See notes following RCW 46.20.500.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1999 c 308: See note following RCW 46.20.120.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
Motorcycle safety education account: RCW 46.68.065.
(1) Motorcycle instruction permit . A person holding a valid driver's license who wishes to learn to ride a motorcycle may apply for a motorcycle instruction permit. The department may issue a motorcycle instruction permit after the applicant has successfully passed all knowledge and skills examinations required and approved by the department. The director shall collect a fee of fifteen dollars for the motorcycle instruction permit or renewal, and deposit the fee in the motorcycle safety education account of the highway safety fund.
(a) The examination for a two-wheeled motorcycle instruction permit and the examination for a three-wheeled motorcycle instruction permit must be separate and distinct examinations.
(b) The department may authorize an entity that has entered into a contract authorized under RCW 46.20.520 to administer the motorcycle instruction permit examinations.
(c) If a motorcyclist fails the motorcycle endorsement skills test, but demonstrates a level of riding skill consistent with a motorcycle instruction permit, the department may waive any further skills testing required to obtain a motorcycle instruction permit.
(2) Effect of motorcycle instruction permit . A person holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate possession of the permit and a valid driver's license. An individual with a motorcyclist's instruction permit may not carry passengers and may not operate a motorcycle during the hours of darkness.
(3) Term of motorcycle instruction permit . A motorcycle instruction permit is valid for one hundred eighty days from the date of issue.
(a) The department may issue one additional one hundred eighty-day permit.
(b) The department may not issue more than two motorcycle instruction permits to an applicant within a five-year period.
(4) The director may adopt and enforce reasonable rules that are consistent with this section.
[ 2019 c 65 s 3; 2011 c 246 s 1; 2002 c 352 s 17; 1999 c 274 s 10; 1999 c 6 s 25; 1989 c 337 s 9; 1985 ex.s. c 1 s 9; 1985 c 234 s 3; 1982 c 77 s 3. ]
NOTES:
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
(1) The motorcycle endorsement examination must emphasize maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an impending collision.
(2) The examination for a two-wheeled motorcycle endorsement and the examination for a three-wheeled motorcycle endorsement must be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate each type of motorcycle.
(3) The department may authorize an entity that has entered into a contract under RCW 46.20.520 to administer the motorcycle endorsement examination.
(4) The department may waive all or part of the examination for persons who satisfactorily complete the voluntary motorcycle operator training and education program authorized under RCW 46.20.520 or who satisfactorily complete a private motorcycle skills education course that has been certified by the department under RCW 46.81A.020.
[ 2011 c 370 s 5; 2003 c 41 s 3; 2002 c 197 s 1; 2001 c 104 s 2; 1999 c 274 s 11; 1982 c 77 s 4. ]
NOTES:
Intent—2011 c 370: See note following RCW 28A.220.030.
Inclusion of stakeholder groups in communications to facilitate transition of driver licensing examination administration—2011 c 370: See note following RCW 46.82.450.
Short title—Effective date—2003 c 41: See notes following RCW 46.20.500.
Severability—1982 c 77: See note following RCW 46.20.500.
(1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program. The director may contract with public and private entities to implement this program.
(2)(a) There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program. The board shall monitor this program following implementation and report to the director of licensing as necessary with recommendations including, but not limited to, administration, application, and substance of the motorcycle operator training and education program.
(b) The board shall consist of seven members appointed by the director of licensing. Three members of the board shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety education. Two members shall represent motorcycle safety instructors. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years experience and at least one year cumulative experience as a motorcycle officer. One member shall be a member of the public.
(c) The term of appointment shall be two years and shall extend until their successors are appointed. The terms of appointment shall be staggered so that either one or two members are appointed in every even-numbered year.
(d) All members must be specially endorsed to drive either a two-wheeled or a three-wheeled motorcycle or have been specially endorsed by the director to drive such motorcycles.
(e) To the extent practicable, the director should strive to appoint members who reflect diversity in race, ethnicity, and gender, and who reside in different areas of the state, with at least two members who reside east of the crest of the Cascade mountain range.
(f) The board shall meet at the call of the director, but not less than two times annually and not less than five times during its term of appointment, and shall receive no compensation for services but shall be reimbursed for travel expenses while engaged in business of the board in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(3) The seven members of the board shall select a chair from the members who represent the active motorcycle riders, members of nonprofit motorcycle organizations, or motorcycle safety instructors.
(4) The priorities of the program shall be in the following order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing.
[ 2023 c 137 s 1; 1998 c 245 s 89; 1987 c 454 s 3; 1982 c 77 s 5. ]
NOTES:
Severability—1982 c 77: See note following RCW 46.20.500.
The legislature finds and declares:
(1) There is a need to reduce the incidence of drivers on the highways and roads of this state who, because of their use, consumption, or possession of alcohol, pose a danger to the health and safety of other drivers;
(2) One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide a means of deterring the use of motor vehicles by persons who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an ignition interlock or other biological or technical device installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.
[ 1994 c 275 s 21; 1987 c 247 s 1. ]
NOTES:
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
(1) Ignition interlock restriction. The department shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device:
(a) Pretrial release. Upon receipt of notice from a court that an ignition interlock device restriction has been imposed under RCW 10.21.055;
(b) Ignition interlock driver's license. As required for issuance of an ignition interlock driver's license under RCW 46.20.385;
(c) Deferred prosecution. Upon receipt of notice from a court that the person is participating in a deferred prosecution program under RCW 10.05.020 for a violation of:
(i) RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; or
(ii) RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance if the person would be required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person in the event of a conviction;
(d) Postconviction. After any applicable period of mandatory suspension, revocation, or denial of driving privileges, or upon fulfillment of day-for-day credit under RCW 46.61.5055(9)(b)(ii) for a suspension, revocation, or denial of driving privileges:
(i) Due to a conviction of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance; or
(ii) Due to a conviction of a violation of RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance if the person is required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person; or
(e) Court order. Upon receipt of an order by a court having jurisdiction that a person charged or convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific alcohol set point at which the ignition interlock will prevent the vehicle from being started. The court shall also establish the period of time for which ignition interlock use will be required.
(2) Alcohol set point. Unless otherwise specified by the court for a restriction imposed under subsection (1)(e) of this section, the ignition interlock device shall have an alcohol set point that prevents the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.020 or more.
(3) Duration of restriction. A restriction imposed under:
(a) Subsection (1)(a) of this section shall remain in effect until:
(i) The court has authorized the removal of the device under RCW 10.21.055; or
(ii) The department has imposed a restriction under subsection (1)(b), (c), or (d) of this section arising out of the same incident.
(b) Subsection (1)(b) of this section remains in effect during the validity of any ignition interlock driver's license that has been issued to the person.
(c) Subsection (1)(c)(i) or (d)(i) of this section shall be for no less than:
(i) For a person who has not previously been restricted under this subsection, a period of one year;
(ii) For a person who has previously been restricted under (c)(i) of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (c)(ii) of this subsection, a period of 10 years.
The restriction of a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and who committed the offense while one or more passengers under the age of 16 were in the vehicle shall be extended for an additional period as required by RCW 46.61.5055(6)(a).
For purposes of determining a period of restriction for a person restricted pursuant to a conviction under (d) of this subsection, a restriction based on a deferred prosecution under subsection (1)(c) of this section arising out of the same incident is not considered a prior restriction for purposes of this subsection.
(d) Subsection (1)(c)(ii) or (d)(ii) of this section shall be for a period of no less than six months.
(e) The period of restriction under (c) or (d) of this subsection shall be extended by 180 days whenever the department receives notice that the restricted person has been convicted under RCW 46.20.740 or 46.20.750. If the period of restriction under (c) or (d) of this subsection has been fulfilled and cannot be extended, the department must add a new 180-day restriction that is imposed from the date of conviction and is subject to the requirements for removal under subsection (4) of this section.
(f) Subsection (1)(e) of this section shall remain in effect for the period of time specified by the court.
(g) The period of restriction under (c) and (d) of this subsection based on incidents occurring on or after June 9, 2016, must be tolled for any period in which the person does not have an ignition interlock device installed on a vehicle owned or operated by the person unless the person receives a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. For all drivers restricted under this section with incidents and restriction start dates prior to June 9, 2016, a driver may apply to waive the restriction by applying for a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. The department's determination that a person is unable to operate an ignition interlock device must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction. The department may charge a person seeking a medical exemption under this subsection a reasonable fee for the assessment.
(4) Requirements for removal. A restriction imposed under subsection (1)(c) or (d) of this section shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying the following:
(a) That there have been none of the following incidents in the 180 consecutive days prior to the date of release:
(i) Any attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples;
(ii) Failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test;
(iii) Failure to pass any random retest with a breath alcohol concentration of lower than 0.020 unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.020, and the digital image confirms the same person provided both samples;
(iv) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(v) Removal of the ignition interlock device by a person other than an ignition interlock technician certified by the Washington state patrol; and
(b) That the ignition interlock device was inspected at the conclusion of the 180-day period by an ignition interlock technician certified by the Washington state patrol and no evidence was found that the device was tampered with in the manner described in RCW 46.20.750.
(5) Day-for-day credit. (a) The time period during which a person has an ignition interlock device installed in order to meet the requirements of subsection (1)(b) of this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident.
(b) The department must also give the person a day-for-day credit for any time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates, other than those subject to the employer exemption under subsection (6) of this section.
(c) If the day-for-day credit granted under this subsection equals or exceeds the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident, and the person has already met the requirements for removal of the device under subsection (4) of this section, the department may waive the requirement that a device be installed or that the person again meet the requirements for removal.
(6) Employer exemption. (a) Except as provided in (b) of this subsection, the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(c) The employer exemption does not apply to a person who is self-employed unless the person's vehicle is used exclusively for the person's employment.
(7) Ignition interlock device revolving account. In addition to any other costs associated with the use of an ignition interlock device imposed on the person restricted under this section, the person shall pay an additional fee of $21 per month. Payments must be made directly to the ignition interlock company. The company shall remit the additional fee to the department to be deposited into the ignition interlock device revolving account, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.
(8) Foreign jurisdiction. For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an ignition interlock device by an ignition interlock company authorized to do business in the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive one or more requirements for removal under subsection (4) of this section if compliance with the requirement or requirements would be impractical in the case of a person residing in another jurisdiction, provided the person is in compliance with any equivalent requirement of that jurisdiction. The department may waive the monthly fee required by subsection (7) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
[ 2024 c 306 s 28; 2020 c 330 s 10; 2019 c 232 s 22; 2017 c 336 s 5; 2016 c 203 s 14; 2013 2nd sp.s. c 35 s 19; 2012 c 183 s 9; 2011 c 293 s 6; 2010 c 269 s 3; 2008 c 282 s 12; 2004 c 95 s 11; 2003 c 366 s 1; 2001 c 247 s 1; 1999 c 331 s 3; 1998 c 210 s 2; 1997 c 229 s 8; 1994 c 275 s 22; 1987 c 247 s 2. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the Mary Johnsen Act." [ 1998 c 210 s 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is a privilege and that the state may restrict that privilege in the interests of public safety. One such reasonable restriction is requiring certain individuals, if they choose to drive, to drive only vehicles equipped with ignition interlock devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices be paid for by the drivers using them and that neither the state nor entities of local government provide any public funding for this purpose." [ 1998 c 210 s 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999." [ 1998 c 210 s 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
(1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720, 46.61.5055, or 10.05.140 stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(2) It is a gross misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped, unless the notation resulted from a restriction imposed as a condition of release and the restriction has been released by the court prior to driving. Any time a person is convicted under this section, the court shall immediately notify the department for purposes of RCW 46.20.720(3)(e). It is an affirmative defense, which the defendant must prove by a preponderance of the evidence, that the employer exemption in RCW 46.20.720(6) applies. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(3) Any sentence imposed for a violation of subsection (2) of this section shall be served consecutively with any sentence imposed under RCW 46.20.750, 46.61.502, 46.61.504, or 46.61.5055.
[ 2024 c 306 s 29; 2020 c 330 s 11; 2015 2nd sp.s. c 3 s 4; 2010 c 269 s 8; 2008 c 282 s 13; 2004 c 95 s 12; 2001 c 55 s 1; 1997 c 229 s 10; 1994 c 275 s 24; 1987 c 247 s 4. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
(1) The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person. For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department. During the 2023-2025 and 2025-2027 fiscal biennia, the ignition interlock device revolving account program also includes ignition interlock enforcement work conducted by the Washington state patrol.
(2) A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.
(3) The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required to have an ignition interlock driver's license under RCW 46.20.385 and 46.20.720.
[ 2025 c 416 s 704; 2023 c 472 s 704; 2021 c 333 s 704; 2019 c 416 s 704; 2017 c 313 s 704; 2013 c 306 s 712; 2012 c 183 s 10; 2008 c 282 s 10. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2012 c 183: See note following RCW 9.94A.475.
(1) A person who is restricted to the use of a vehicle equipped with an ignition interlock device is guilty of a gross misdemeanor if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(b) Uses or requests another person to use a filter or other device to circumvent the ignition interlock or to start or operate the vehicle to allow the restricted driver to operate the vehicle;
(c) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
(d) Has, allows, directs, authorizes, or requests another person to blow or otherwise exhale into the device in order to circumvent the device to allow the restricted driver to operate the vehicle.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an ignition interlock device to circumvent the device or any components of the device, or otherwise interfere with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
(3) Any sentence imposed for a violation of subsection (1) of this section shall be served consecutively with any sentence imposed under RCW 46.20.740, 46.61.502, 46.61.504, 46.61.5055, 46.61.520(1)(a), or 46.61.522(1)(b).
(4) Any time a person is convicted under subsection (1) of this section, the court shall immediately notify the department for purposes of RCW 46.20.720(3)(e).
[ 2020 c 330 s 12; 2015 2nd sp.s. c 3 s 6; 2005 c 200 s 2; 1994 c 275 s 25; 1987 c 247 s 5. ]
NOTES:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
If a person is required, as part of the person's judgment and sentence or as a condition of release, to install an ignition interlock device on all motor vehicles operated by the person and the person is under the jurisdiction of the municipality or county probation or supervision department, the probation or supervision department must verify the installation of the ignition interlock device or devices. The municipality or county probation or supervision department satisfies the requirement to verify the installation or installations if the municipality or county probation or supervision department receives written verification by one or more companies doing business in the state that it has installed the required device on a vehicle owned or operated by the person. The municipality or county shall have no further obligation to supervise the use of the ignition interlock device or devices by the person and shall not be civilly liable for any injuries or damages caused by the person for failing to use an ignition interlock device or for driving under the influence of intoxicating liquor or any drug or being in actual physical control of a motor vehicle under the influence of intoxicating liquor or any drug.
[ 2015 2nd sp.s. c 3 s 15; 2010 c 269 s 5. ]
NOTES:
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date—2010 c 269: See note following RCW 46.20.385.
(1) A person may not drive a motor vehicle, unless it is equipped with a functioning intelligent speed assistance device, configured and programmed as provided in RCW 46.20.765(3), if the device is required:
(a) For the issuance of a temporary restricted driver's license or an occupational driver's license, under the terms of RCW 46.20.391(4);
(b) Under the applicable terms of probation under RCW 46.20.2892(1) or 46.61.500(4); or
(c) Pursuant to court order under RCW 46.61.734 or 10.21.030.
(2) The requirement to use the device under subsection (1) of this section with respect to a temporary restricted driver's license or occupational driver's license under RCW 46.20.391 remains in effect during the validity of any such license that has been issued to the person.
(3)(a) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
(b) The obligation under this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
(4)(a) Except as provided in (b) of this subsection, the installation of an intelligent speed assistance device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(5) Unless costs are waived by the intelligent speed assistance device company or the person is indigent under RCW 10.101.010, a person subject to the requirements of subsection (1) of this section shall pay the costs of installing, removing, and leasing the intelligent speed assistance device and shall pay an additional fee of $21 per month. Payments must be made directly to the intelligent speed assistance device company. The company shall remit the additional fee to the department to be deposited into the intelligent speed assistance device revolving account under RCW 46.68.530, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.
(6) For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an intelligent speed assistance device by an intelligent speed assistance device company authorized to do business in the jurisdiction or within a 75 mile radius of the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive the monthly fee required in subsection (5) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
(7) The department may issue rules to implement this section.
[ 2025 c 228 s 4. ]
NOTES:
Intent—Finding—2025 c 228: "It is the intent of the legislature to keep the public safe when on the road. Nationwide, 29 percent of all crash fatalities occurred in speed-related crashes in 2022. In 2023, more than 30 percent of fatal crashes involved speeding on Washington roads. Speeding continues to be a component of traffic deaths, and law enforcement is increasingly dealing with more speed-related incidents. The legislature finds that all Washington drivers are at risk when speeding is involved, and solutions to change public behavior are needed.
Additionally, according to the American motor vehicle administration, more than 70 percent of people with suspended licenses continue to drive during the suspension period. By leveraging technology to enable individuals to continue driving and prevent speeding, the legislature intends to enhance road safety to promote safer driving habits and keep the public safe." [ 2025 c 228 s 1.]
Short title—2025 c 228: "This act may be known and cited as the BEAM act." [ 2025 c 228 s 16.]
Effective date—2025 c 228: "This act takes effect January 1, 2029." [ 2025 c 228 s 18.]
(1) To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, a person must apply to the department and meet the requirements as provided in this section.
(2) An applicant seeking approval to install the device must submit a declaration to the department that the device is an intelligent speed assistance device as defined in RCW 46.04.218 and, when installed in a vehicle, is configured and programmed as provided in subsection (3) of this section.
(3)(a) An intelligent speed assistance device must employ a technology using a global positioning system and must be programmed to limit the velocity of a moving vehicle to the posted speed limit, except as provided in (b) of this subsection.
(b) The intelligent speed assistance device must include an override function to allow the vehicle to exceed the speed limit on no more than three occasions in each calendar month. The use of the override function under this subsection is subject to the requirements and limitations of RCW 46.61.425.
(c) All data collected under chapter 228, Laws of 2025 must be securely maintained by an intelligent speed assistance device company and may not be shared with any third parties, except for data pertaining to installation and removal of the device, without a court order.
(4) To maintain eligibility under this section, a person must submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
(5) The department may issue rules regarding the application process and eligibility under this section.
[ 2025 c 228 s 5. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
(1) A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is guilty of a gross misdemeanor if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
(b) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device to circumvent the device or any components of the device, or otherwise interferes with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an intelligent speed assistance device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
[ 2025 c 228 s 6. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Section 46.20.010, chapter 12, Laws of 1961 and RCW 46.20.010, section 46.20.020, chapter 12, Laws of 1961 as amended by section 1, chapter 134, Laws of 1961 and RCW 46.20.020, section 46.20.030, chapter 12, Laws of 1961 as amended by section 12, chapter 39, Laws of 1963 and RCW 46.20.030, section 46.20.060, chapter 12, Laws of 1961 and RCW 46.20.060, sections 46.20.080 through 46.20.090, chapter 12, Laws of 1961 and RCW 46.20.080 through 46.20.090, section 46.20.110, chapter 12, Laws of 1961 as last amended by section 10, chapter 39, Laws of 1963 and RCW 46.20.110, sections 46.20.140 through 46.20.180, chapter 12, Laws of 1961 and RCW 46.20.140 through 46.20.180, section 46.20.210, chapter 12, Laws of 1961 and RCW 46.20.210, sections 46.20.230 through 46.20.250, chapter 12, Laws of 1961 and RCW 46.20.230 through 46.20.250, section 46.20.280, chapter 12, Laws of 1961 and RCW 46.20.280, section 46.20.290, chapter 12, Laws of 1961 and RCW 46.20.290, section 46.20.310, chapter 12, Laws of 1961 and RCW 46.20.310, and section 46.20.330, chapter 12, Laws of 1961 and RCW 46.20.330; section 46.20.350, chapter 12, Laws of 1961 and RCW 46.20.350; section 46.20.360, chapter 12, Laws of 1961 and RCW 46.20.360 are each hereby repealed. Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceedings instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder.
[ 1965 ex.s. c 121 s 46. ]
The driver license compact prepared pursuant to resolutions of the western governors' conference and the western interstate committee on highway policy problems of the council of state governments is hereby entered into and enacted into law, the terms and provisions of which shall be as follows:
DRIVER LICENSE COMPACT
ARTICLE I—Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
ARTICLE II—Definitions
As used in this compact:
(a) "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
ARTICLE III—Reports of Conviction
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
ARTICLE IV—Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Vehicular homicide;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article.
ARTICLE V—Applications for New Licenses
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
ARTICLE VI—Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state.
ARTICLE VII—Compact Administrator and
Interchange of Information
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII—Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.
ARTICLE IX—Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[ 1983 c 164 s 5; 1963 c 120 s 1. ]
As used in the compact, the term "licensing authority" with reference to this state, shall mean the department of licensing. Said department shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact.
[ 1979 c 158 s 154; 1967 c 32 s 36; 1963 c 120 s 2. ]
The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his or her service as such administrator, but shall be entitled to expenses incurred in connection with his or her duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employment.
[ 2012 c 117 s 128; 1963 c 120 s 3. ]
As used in the compact, with reference to this state, the term "executive head" shall mean governor.
[ 1963 c 120 s 4. ]
(1) Confidentiality of records. Any information or record containing personal or identity information obtained by the department, pursuant to the administration of driver and vehicle records, shall be private and confidential except as otherwise provided in federal and state law.
(2) Obligations of data recipients and subrecipients. (a) All data recipients and subrecipients, as defined by the department, authorized to receive personal or identity information originating from the department have an affirmative obligation to take all reasonable actions necessary to prevent the unauthorized disclosure and misuse of personal or identity information. The department may require audit or investigation of any entity receiving personal or identity information that originated from the department.
(b) If misuse or an unauthorized disclosure of personal or identity information occurs, all parties aware of the violation must inform the department and take all reasonably available actions to mitigate and rectify the disclosure to the department's standards.
(3) Contractual requirements. (a) Prior to providing data services that include the release of any personal or identity information as authorized by federal or state law, the department must enter into a contract with the entity authorized to receive the personal or identity information. The contract must include, at a minimum:
(i) Limitations and restrictions for the use of personal or identity information;
(ii) A requirement that the data recipient allow the department or its agent to conduct regular permissible use audits;
(iii) A requirement that the data recipient undergo regular data security audits, and standards for the conduct of such audits. Internal audit programs required under RCW 43.88.160 are considered independent third-party auditors for the purposes of this section;
(iv) A provision that all costs of the audits performed pursuant to this subsection are not the responsibility of the department;
(v) Provisions governing redisclosure of personal or identity information by a data recipient or subrecipient other than to those categories of parties permitted by contract and standards for the handling of such information;
(vi) Other privacy, compliance, and contractual requirements as may be set forth in rule by the department to protect personal or identity information;
(vii) A statement that the ownership of data provided under this chapter remains with the department, and ownership does not transfer to the data recipient or subrecipient; and
(viii) A provision that the data recipient must conduct or review regular data security and permissible use audits of all subrecipients, and standards for the conduct of such audits.
(b) The department may adopt other contract requirements as necessary to ensure the privacy of individuals and protection of personal or identity information.
(4) Penalties. (a) The unauthorized disclosure or use of personal or identity information shall subject the disclosing entity to a civil penalty of up to twenty thousand dollars, per incident, in 2021 and annually adjusted by the department on the first calendar day of each year based on changes in the United States consumer price index for all urban consumers.
(b) Other applicable sanctions under state and federal law may also apply. The amount of any penalties collected pursuant to (a) of this subsection shall be paid into the department's technology improvement and data management account created in RCW 46.68.063.
(c) If personal or identity information provided by the department is used for any purpose other than that authorized in the data recipient's contract with the department, the data recipient and any subrecipient responsible for the misuse, unauthorized disclosure, or nondata destruction may be denied further access to personal or identity information by the department.
[ 2021 c 93 s 4. ]
The nonresident violator compact, hereinafter called "the compact," is hereby established in the form substantially as follows, and the Washington state department of licensing is authorized to enter into such compact with all other jurisdictions legally joining therein:
NONRESIDENT VIOLATOR COMPACT
Article I — Findings, Declaration of Policy, and
Purpose
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction: Must post collateral or bond to secure appearance for trial at a later date; or if unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or is taken directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation.
(3) The purpose of the practices described in paragraphs (1) and (2) above is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to him [his] home jurisdiction and disregard his duty under the terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) above, causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.
(6) The deposit of a driver's license as a bail bond, as described in paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.
(2) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.
(3) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.
(4) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in paragraph (b) above in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.
Article II — Definitions
As used in the compact, the following words have the meaning indicated, unless the context requires otherwise.
(1) "Citation" means any summons, ticket, notice of infraction, or other official document issued by a police officer for a traffic offense containing an order which requires the motorist to respond.
(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic offense.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.
(10) "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic offense.
(11) "Terms of the citation" means those options expressly stated upon the citation.
Article III — Procedure for Issuing Jurisdiction
(a) When issuing a citation for a traffic violation or infraction, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and insofar as practical shall contain information as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content substantially conforming to the compact manual.
(e) The licensing authority of the issuing jurisdiction may not suspend the privilege of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.
Article IV — Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.
Article V — Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to licenses to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangement between a party jurisdiction and a nonparty jurisdiction.
Article VI — Compact Administrator Procedures
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity has been given to the board.
(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership, a chairman and a vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the United States, or any other governmental agency, and may receive, utilize, and dispose of the same.
(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, or corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.
Article VII — Entry into Compact and Withdrawal
(a) This compact shall become effective when it has been adopted by at least two jurisdictions.
(b) Entry into the compact shall be made by a resolution of ratification executed by the department of licensing and submitted to the chairman of the board. The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:
(1) A citation of the authority by which the jurisdiction is empowered to become a party to this compact.
(2) Agreement to comply with the terms and provisions of the compact.
(3) That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.
(c) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than sixty days after notice has been given by the chairman of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.
(d) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.
Article VIII — Exceptions
The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.
Article IX — Amendments to the Compact
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and may be initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective thirty days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement.
Article X — Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or the applicability thereof to any government, agency, person, or circumstance, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.
Article XI — Title
This compact shall be known as the nonresident violator compact.
[ 1982 c 212 s 1. ]
(1) The Washington state department of licensing is authorized and encouraged to execute a reciprocal agreement with the Canadian province of British Columbia, and with any other state which is not a member of the nonresident violator compact, concerning the rendering of mutual assistance in the disposition of traffic infractions committed by persons licensed in one state or province while in the jurisdiction of the other.
(2) Such agreements shall provide that if a person licensed by either state or province is issued a citation by the other state or province for a moving traffic violation covered by the agreement, he or she shall not be detained or required to furnish bail or collateral, and that if he or she fails to comply with the terms of the citation, his or her license shall be suspended or renewal refused by the state or province that issued the license until the home jurisdiction is notified by the issuing jurisdiction that he or she has complied with the terms of the citation.
(3) Such agreement shall also provide such terms and procedures as are necessary and proper to facilitate its administration.
[ 2012 c 117 s 129; 1982 c 212 s 2. ]
The department shall adopt rules for the administration and enforcement of RCW 46.23.010 and 46.23.020 in accordance with chapter 34.05 RCW.
[ 1982 c 212 s 6. ]
This chapter may be cited as the Uniform Commercial Driver's License Act.
[ 1989 c 178 s 1. ]
(1) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
(c) Strengthening licensing and testing standards.
(2) This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.
[ 1989 c 178 s 2. ]
The definitions set forth in this section apply throughout this chapter.
(1) "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten liters of breath.
(3) "Commercial driver's license" (CDL) means a license issued to an individual under chapter 46.20 RCW that has been endorsed in accordance with the requirements of this chapter to authorize the individual to drive a class of commercial motor vehicle.
(4) The "commercial driver's license information system" (CDLIS) is the information system established pursuant to 49 U.S.C. Sec. 31309 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) "Commercial learner's permit" (CLP) means a permit issued under RCW 46.25.052 for the purposes of behind-the-wheel training.
(6) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds or more), whichever is greater; or
(b) Has a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, entry into a deferred prosecution program under chapter 10.05 RCW, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(8) "Disqualification" means a prohibition against driving a commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation or physical control of a motor vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009, including, but not limited to, those substances defined by 49 C.F.R. Sec. 40.3.
(11) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single vehicle. The GVWR of a combination or articulated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units. If the GVWR of any unit cannot be determined, the actual gross weight will be used. If a vehicle with a GVWR of less than 11,794 kilograms (26,001 pounds or less) has been structurally modified to carry a heavier load, then the actual gross weight capacity of the modified vehicle, as determined by RCW 46.44.041 and 46.44.042, will be used as the GVWR.
(13) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. Sec. 5103 and is required to be placarded under subpart F of 49 C.F.R. Part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(15)(a) "Nondomiciled CLP or CDL" means a permit or license, respectively, issued under RCW 46.25.054 to a person who meets one of the following criteria:
(i) Is domiciled in a foreign country as provided in 49 C.F.R. Sec. 383.23(b)(1) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(ii) Is domiciled in another state as provided in 49 C.F.R. Sec. 383.23(b)(2) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(b) The definition in this subsection (15) applies exclusively to the use of the term in this chapter and is not to be applied in any other chapter of the Revised Code of Washington.
(16) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to 49 C.F.R. Secs. 386.72, 392.5, 395.13, 396.9, or compatible laws, or the North American uniform out-of-service criteria.
(17) "Positive alcohol confirmation test" means an alcohol confirmation test that:
(a) Has been conducted by a breath alcohol technician under 49 C.F.R. Part 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under circumstances that constitute the refusal of an alcohol test under 49 C.F.R. Part 40, will be considered equivalent to a report of a positive alcohol confirmation test for the purposes of this chapter.
(18) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a student transportation vehicle with a seating capacity of 10 or fewer persons, including the driver, or a bus used as a common carrier.
(19) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) Driving while using a personal electronic device, defined as a violation of RCW 46.61.672, which includes in the activities it prohibits driving while holding a personal electronic device in either or both hands and using a hand or finger for texting, or an equivalent administrative rule or local law, ordinance, rule, or resolution;
(d) A violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
(e) Driving a commercial motor vehicle without obtaining a commercial driver's license;
(f) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; however, any individual who provides proof to the court by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, is not guilty of a "serious traffic violation";
(g) Driving a commercial motor vehicle without the proper class of commercial driver's license endorsement or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported; and
(h) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, that the department determines by rule to be serious.
(20) "State" means a state of the United States and the District of Columbia.
(21) "Substance abuse professional" means an alcohol and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R. Sec. 40.281.
(22) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
(23) "Type of driving" means one of the following:
(a) "Nonexcepted interstate," which means the CDL or CLP holder or applicant operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. Part 391 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, and is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section;
(b) "Excepted interstate," which means the CDL or CLP holder or applicant operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. Secs. 390.3(f), 391.2, 391.68, or 398.3, as they existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, from all or parts of the qualification requirements of 49 C.F.R. Part 391 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, and is required to obtain a medical examiner's certificate in accordance with procedures provided in 49 C.F.R. Sec. 391.45 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section;
(c) "Nonexcepted intrastate," which means the CDL or CLP holder or applicant operates only in intrastate commerce and is required to obtain a medical examiner's certificate in accordance with procedures provided in 49 C.F.R. Sec. 391.45 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(d) "Excepted intrastate," which means the CDL or CLP holder wishes to maintain a CDL or CLP but not operate a commercial motor vehicle without changing his or her self-certification type.
(24) "United States" means the 50 states and the District of Columbia.
(25) "Collector truck" means a vehicle that:
(a) Has current registration;
(b) Is older than 30 years old;
(c) Is a vehicle that meets the weight criteria of subsection (6) of this section;
(d) Is capable of safely operating on the highway;
(e) Is used for occasional use to and from truck conventions, auto shows, circuses, parades, displays, special excursions, and antique vehicle club meetings;
(f) Is used for the pleasure of others without compensation; and
(g) Is not used in the operations of a common or contract motor carrier and not used for commercial purposes.
(26) "Collector truck operator" means an operator of a noncommercial vehicle that is being exclusively owned and operated as a collector truck.
[ 2025 c 372 s 6; 2023 c 35 s 1. Prior: 2019 c 195 s 1; 2019 c 44 s 3; 2019 c 44 s 2; 2018 c 49 s 4; prior: 2017 c 334 s 4; 2017 c 194 s 1; 2013 c 224 s 3; 2013 c 224 s 2; 2011 c 227 s 1; 2009 c 181 s 2; prior: 2006 c 327 s 2; 2006 c 50 s 1; 2005 c 325 s 2; 2004 c 187 s 2; 1996 c 30 s 1; 1989 c 178 s 3. ]
NOTES:
Effective date—2023 c 35: "This act takes effect November 18, 2024." [ 2023 c 35 s 11.]
Effective date—2019 c 195: "This act takes effect October 1, 2019." [ 2019 c 195 s 3.]
Effective date—2018 c 49: See note following RCW 46.25.055.
Effective date—2017 c 194: See note following RCW 46.25.054.
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 227 ss 1-3: See note following RCW 46.25.075.
Intent—2005 c 325: "It is the intent of the legislature to promote the safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful substances. The legislature recognizes that transit operators and their employers are an asset to the public transportation system and continuously strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting requirements serve only to enhance the current efforts of these dedicated employers and employees as they continue to provide a safe public transportation system to the citizens of Washington." [ 2005 c 325 s 1.]
Effective date—1996 c 30: "This act takes effect October 1, 1996." [ 1996 c 30 s 5.]
No person who drives a commercial motor vehicle may have more than one driver's license.
[ 1989 c 178 s 4. ]
(1)(a) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the department in the manner specified by rule of the department within thirty days of the date of conviction.
(b) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his or her employer in writing of the conviction within thirty days of the date of conviction.
(c) The notification requirements contained in (a) and (b) of this subsection as they relate to the federal, provincial, territorial, or municipal laws of Canada become effective only when the federal law or federal rules are changed to require the notification or a bilateral or multilateral agreement is entered into between the state of Washington and any Canadian province implementing essentially the same standards of regulation and penalties of all parties as encompassed in this chapter.
(2) A driver whose driver's license is suspended, revoked, or canceled by a state, who loses the privilege to drive a commercial motor vehicle in a state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(3) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(a) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(b) The dates between which the applicant drove for each employer; and
(c) The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
[ 1989 c 178 s 5. ]
(1) An employer shall require the applicant to provide the information specified in RCW 46.25.030(3).
(2) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(a) In which the driver has a driver's license suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(b) In which the driver has more than one driver's license.
[ 1989 c 178 s 6. ]
(1) Drivers of commercial motor vehicles must obtain a commercial driver's license as required under this chapter. Except when driving under a commercial learner's permit and a valid driver's license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person:
(a) Who is the operator of a farm vehicle, and the vehicle is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed gross vehicle weight, farm machinery, farm supplies, animal manure, animal manure compost, or any combination of those materials to or from a farm;
(iii) Not used in the operations of a common or contract motor carrier; and
(iv) Used within one hundred fifty miles of the person's farm; or
(b) Who is a firefighter or law enforcement officer operating emergency equipment, and:
(i) The firefighter or law enforcement officer has successfully completed a driver training course approved by the director; and
(ii) The firefighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or
(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose; or
(d) Who is operating a commercial motor vehicle for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. This exception is not applicable to United States reserve technicians; or
(e) Who is a collector truck operator using the vehicle in accordance with RCW 46.25.010; or
(f) Who operates a student transportation vehicle other than a school bus as defined in RCW 46.25.010.
(2) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to disqualification, or in violation of an out-of-service order. Violations of this subsection shall be punished in the same way as violations of RCW 46.20.342(1).
(3) The department must, to the extent possible, enter into reciprocity agreements with adjoining states to allow the waivers described in subsection (1) of this section to apply to drivers holding commercial driver's licenses from those adjoining states.
[ 2025 c 372 s 7; 2019 c 195 s 2; 2013 c 224 s 4; 2011 c 142 s 1; 2006 c 327 s 3; 1995 c 393 s 1; 1990 c 56 s 1; 1989 c 178 s 7. ]
NOTES:
Effective date—2019 c 195: See note following RCW 46.25.010.
Effective date—2013 c 224: See note following RCW 46.01.130.
(1) The department may issue a CLP to an applicant who is at least 18 years of age and holds a valid Washington state driver's license and who has:
(a) Submitted an application on a form or in a format provided by the department;
(b) Passed the general knowledge examination required for issuance of a CDL under RCW 46.25.060 for the commercial motor vehicle classification in which the applicant operates or expects to operate;
(c) Paid the appropriate examination fee or fees and an application fee of $10 until June 30, 2016, and $40 beginning July 1, 2016; and
(d) Not been prohibited from operating a commercial motor vehicle based on the department's query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 383.73.
(2) A CLP must be marked "commercial learner's permit" or "CLP," and must be, to the maximum extent practicable, tamperproof. Other than a photograph of the applicant, it must include, but not be limited to, the information required on a CDL under RCW 46.25.080(1).
(3) The holder of a CLP may drive a commercial motor vehicle on a highway only when in possession of a valid driver's license and accompanied by the holder of a valid CDL who has the proper CDL classification and endorsement or endorsements necessary to operate the commercial motor vehicle. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision.
(4) A CLP may be classified in the same manner as a CDL under RCW 46.25.080(2)(a).
(5) CLPs may be issued with only P, S, or N endorsements as described in RCW 46.25.080(2)(b).
(a) The holder of a CLP with a P endorsement must have taken and passed the P endorsement knowledge examination. The holder of a CLP with a P endorsement is prohibited from operating a commercial motor vehicle carrying passengers other than authorized employees or representatives of the department and the federal motor carrier safety administration, examiners, other trainees, and the CDL holder accompanying the CLP holder as required under subsection (2) of this section. The P endorsement must be class specific.
(b) The holder of a CLP with an S endorsement must have taken and passed the S endorsement knowledge examination. The holder of a CLP with an S endorsement is prohibited from operating a school bus with passengers other than authorized employees or representatives of the department and the federal motor carrier safety administration, examiners, other trainees, and the CDL holder accompanying the CLP holder as required under subsection (2) of this section.
(c) The holder of a CLP with an N endorsement must have taken and passed the N endorsement knowledge examination. The holder of a CLP with an N endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials and has not been purged of any residue.
(6) A CLP may be issued with appropriate restrictions as described in RCW 46.25.080(2)(c). In addition, a CLP may be issued with the following restrictions:
(a) "P" restricts the driver from operating a bus with passengers;
(b) "X" restricts the driver from operating a tank vehicle that contains cargo; and
(c) Any restriction as established by rule of the department.
(7) The holder of a CLP is not authorized to operate a commercial motor vehicle transporting hazardous materials.
(8) A CLP may not be issued for a period to exceed 180 days. The department may renew the CLP for one additional 180-day period without requiring the CLP holder to retake the general and endorsement knowledge examinations.
(9) The department must transmit the fees collected for CLPs to the state treasurer for deposit in the highway safety fund unless prior to July 1, 2023, the actions described in (a) or (b) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 206, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(a) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(c) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
[ 2023 c 35 s 2; 2021 c 317 s 22; 2015 3rd sp.s. c 44 s 206; 2013 c 224 s 5. ]
NOTES:
Effective date—2023 c 35: See note following RCW 46.25.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2013 c 224: See note following RCW 46.01.130.
(1) The department may issue a nondomiciled CLP or CDL to a person who meets one of the following criteria:
(a) Is domiciled in a foreign country as provided in 49 C.F.R. Sec. 383.23(b)(1) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(b) Is domiciled in another state as provided in 49 C.F.R. Sec. 383.23(b)(2) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(2) A person applying for a nondomiciled CLP or CDL must:
(a) Surrender any nonresident or nondomiciled CLP or CDL issued by another state;
(b) Be in possession of a valid driver's license issued by this state or by his or her jurisdiction of domicile;
(c) Meet the requirements of 49 C.F.R. Sec. 383.71(f) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; and
(d) Be otherwise eligible and meet the applicable requirements for the issuance of a CLP or CDL under this chapter, including the payment of all appropriate fees.
(3) Before issuing a nondomiciled CLP or CDL, the department must establish the practical capability of disqualifying the person under the conditions applicable to a CLP or CDL issued to a resident of this state.
(4) A nondomiciled CLP or CDL issued under this section:
(a) Must be marked "non-domiciled" on the face of the document;
(b) Must include the information, be issued with the appropriate classifications, endorsements, and restrictions, and, except as may be limited under subsection (5) of this section, expire and be subject to renewal in the same manner as required for a CLP or CDL issued under this chapter;
(c) Permits operation of a commercial motor vehicle to the same extent as a CLP or CDL issued under this section; and
(d) Is valid only when accompanied by a valid driver's license issued by this state or by the person's jurisdiction of domicile.
(5) A nondomiciled CLP or CDL issued to an individual who has temporary lawful status or valid employment authorization in the United States:
(a) Is valid only when accompanied by an unexpired employment authorization document issued by the United States citizenship and immigration services or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States;
(b) Must expire no later than the expiration of the individual's employment authorization document or authorized stay in the United States, or if there is no expiration date for the employment authorization or authorized stay, one year from the date of issuance; and
(c) May be renewed if the individual presents valid documentary evidence that the employment authorization document or temporary lawful status in the United States is still in effect or has been extended.
(6) A person who has been issued a nondomiciled CLP or CDL:
(a) Is subject to all applicable requirements for and disqualifications from operating a commercial motor vehicle as provided under this chapter and is subject to the withdrawal of driving privileges as provided by this title; and
(b) Must notify the department of the issuance of any disqualifications or license suspensions or revocations, whether in the United States or in the person's jurisdiction of domicile.
[ 2017 c 194 s 4; 2017 c 194 s 3. ]
NOTES:
Effective date—2017 c 194 s 4: "Section 4 of this act takes effect June 1, 2018." [ 2017 c 194 s 6.]
Effective date—2017 c 194: "Except for section 4 of this act, this act takes effect October 1, 2017." [ 2017 c 194 s 5.]
Except as provided in 49 C.F.R. Sec. 391.67 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, a person may not drive a commercial motor vehicle unless he or she is physically qualified to do so and is medically examined and certified in accordance with procedures provided in 49 C.F.R. Sec. 391.43 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
[ 2018 c 49 s 1; 2003 c 195 s 3. ]
NOTES:
Effective date—2019 c 44; 2018 c 49: "This act takes effect June 1, 2020." [ 2019 c 44 s 8; 2018 c 49 s 5.]
Effective date—2019 c 44 s 8: "Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 30, 2019." [ 2019 c 44 s 10.]
Findings—2003 c 195: See note following RCW 46.25.070.
(1) It is a traffic infraction for a licensee under this chapter to drive a commercial vehicle while downgraded for not maintaining a current medical certificate with the department.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she had, at the time the infraction took place, the medical examiner's certificate, the court shall reduce the penalty to fifty dollars.
[ 2018 c 49 s 2; 2003 c 195 s 4. ]
NOTES:
Effective date—2019 c 44; 2018 c 49: See note following RCW 46.25.055.
Findings—2003 c 195: See note following RCW 46.25.070.
(1)(a) No person may be issued a commercial driver's license unless that person:
(i) Is a resident of this state;
(ii) Has successfully completed a course of instruction in the operation of a commercial motor vehicle that has been approved by the director or has been certified by an employer as having the skills and training necessary to operate a commercial motor vehicle safely;
(iii) If he or she does not hold a valid commercial driver's license of the appropriate classification, has been issued a commercial learner's permit under RCW 46.25.052;
(iv) Has passed a knowledge and skills examination for driving a commercial motor vehicle that complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. Part 383, subparts F, G, and H, in addition to other requirements imposed by state law or federal regulation. The department may not allow the person to take the skills examination during the first 14 days after initial issuance of the person's commercial learner's permit. The examinations must be prescribed and conducted by the department; and
(v) Is not prohibited from operating a commercial motor vehicle based on the department's query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 383.73.
(b) In addition to the fee charged for issuance or renewal of any license, the applicant shall pay a fee of no more than $10 until June 30, 2016, and $35 beginning July 1, 2016, for the classified knowledge examination, classified endorsement knowledge examination, or any combination of classified license and endorsement knowledge examinations. Before January 1, 2024, the applicant shall pay a fee of no more than $250 for up to two classified skill examinations or combination of classified skill examinations conducted by the department. Beginning January 1, 2024, the applicant shall pay a fee of no more than $175 for each examination.
(c) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills examination specified by this section under the following conditions:
(i) The examination is the same which would otherwise be administered by the state;
(ii) The third party has entered into an agreement with the state that complies with the requirements of 49 C.F.R. Sec. 383.75; and
(iii) The director has adopted rules as to the third party testing program and the development and justification for fees charged by any third party.
(d) Beginning July 1, 2016, if the applicant's primary use of a commercial driver's license is to drive a school bus, the applicant shall pay a fee of no more than $100 for the classified skill examination or combination of classified skill examinations conducted by the department.
(e) Before January 1, 2024, payment of the classified skill examination fee only entitles an applicant to take the classified skill examination up to two times in order to pass. Beginning January 1, 2024, payment of the examination fee entitles an applicant to take a classified skill examination once, except a test taken under (d) of this subsection, which entitles the applicant to take the classified skill examination up to two times in order to pass.
(2)(a) The department may waive all or part of the commercial driver's license or commercial learner's permit qualification standards for applicants who previously have voluntarily surrendered a commercial driver's license.
(b) The department may waive the skills examination and the requirement for completion of a course of instruction in the operation of a commercial motor vehicle specified in this section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Sec. 383.77. For current or former military service members that meet the requirements of 49 C.F.R. Sec. 383.77, the department may also waive the requirements for a knowledge test for commercial driver's license applicants. Beginning December 1, 2021, the department shall provide an annual report to the house and senate transportation committees and the joint committee on veterans' and military affairs of the legislature on the number and types of waivers granted pursuant to this subsection.
(c) An applicant who operates a commercial motor vehicle for agribusiness purposes is exempt from the course of instruction completion and employer skills and training certification requirements under this section. By January 1, 2010, the department shall submit recommendations regarding the continuance of this exemption to the transportation committees of the legislature. For purposes of this subsection (2)(c), "agribusiness" means a private carrier who in the normal course of business primarily transports:
(i) Farm machinery, farm equipment, implements of husbandry, farm supplies, and materials used in farming;
(ii) Agricultural inputs, such as seed, feed, fertilizer, and crop protection products;
(iii) Unprocessed agricultural commodities, as defined in RCW 17.21.020, where such commodities are produced by farmers, ranchers, vineyardists, or orchardists; or
(iv) Any combination of (c)(i) through (iii) of this subsection.
The department shall notify the transportation committees of the legislature if the federal government takes action affecting the exemption provided in this subsection (2)(c).
(3) A commercial driver's license or commercial learner's permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state for cancellation.
(4) The fees under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a) or (b) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 207, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(a) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(c) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
[ 2023 c 57 s 2; 2023 c 35 s 3; 2021 c 317 s 23; 2020 c 78 s 2; 2015 3rd sp.s. c 44 s 207; 2013 c 224 s 6; 2011 c 153 s 1; 2009 c 339 s 1; 2007 c 418 s 1; 2004 c 187 s 3; 2002 c 352 s 18; 1989 c 178 s 8. ]
NOTES:
Reviser's note: This section was amended by 2023 c 35 s 3 and by 2023 c 57 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 57: See note following RCW 46.25.088.
Effective date—2023 c 35: See note following RCW 46.25.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Legislative intent—Value—2020 c 78: "Over half a million United States military veterans live in Washington state and contribute to the state's economic vitality. While active military, many trained in civilian occupations and were well-prepared to contribute to the state as civilians once they left military service. However, many job markets are regulated through licensing, and veterans can find themselves at a disadvantage in obtaining these licenses compared with those trained in the private sector.
Commercial truck and bus drivers are in high demand; individuals are required to have commercial driver's licenses to qualify for these jobs. In the case of military veterans who obtain the necessary driving experience while in the military, there is already a waiver program in place to enable these veterans to waive out of the skills examination and course of instruction requirements. However, they are still required to take the knowledge test to obtain a commercial driver's license in Washington.
The legislature believes that expanding the waiver program to include the knowledge test will remove an unnecessary obstacle for qualifying veterans. The legislature values the military service of veterans and believes that the removal of this barrier will enable qualifying veterans to more quickly apply the skills they acquired in the military to serve their communities as they have served the country." [ 2020 c 78 s 1.]
Effective date—2020 c 78: "This act takes effect January 1, 2021." [ 2020 c 78 s 3.]
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 153: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 c 153 s 2.]
Effective date—2007 c 418: "This act takes effect January 15, 2008." [ 2007 c 418 s 2.]
Effective dates—2002 c 352: See note following RCW 46.09.410.
(1) The application for a commercial driver's license or commercial learner's permit must include the following:
(a) The full name and current mailing and residential address of the person;
(b) A physical description of the person, including sex, height, weight, and eye color;
(c) Date of birth;
(d) Except in the case of an applicant for a nondomiciled CLP or CDL who is domiciled in a foreign country and who has not been issued a social security number, the applicant's social security number;
(e) The person's signature;
(f) Certifications including those required by 49 C.F.R. Sec. 383.71;
(g) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years;
(h) Any other information required by the department; and
(i) A consent to release driving record information to parties identified in chapter 46.52 RCW and this chapter.
(2) An applicant for a commercial driver's license or commercial learner's permit, and every licensee seeking to renew his or her license, must meet the requirements of 49 C.F.R. Sec. 383.71 as it existed on July 8, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(3) An applicant for a hazardous materials endorsement must submit an application and comply with federal transportation security administration requirements as specified in 49 C.F.R. Part 1572.
(4) When a licensee changes his or her name, mailing address, or residence address, the person shall notify the department as provided in RCW 46.20.205.
(5) No person who has been a resident of this state for thirty days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
[ 2017 c 194 s 2; 2013 c 224 s 7; 2004 c 187 s 4; 2003 c 195 s 2; 1991 c 73 s 2; 1989 c 178 s 9. ]
NOTES:
Effective date—2017 c 194: See note following RCW 46.25.054.
Effective date—2013 c 224: See note following RCW 46.01.130.
Findings—2003 c 195: "The legislature finds that current economic conditions impose severe hardships on many commercial vehicle drivers. The legislature finds that commercial drivers who may not currently be working may not be able to afford the expense of a required physical in order to maintain their commercial driver's license. The legislature finds that Washington's commercial driver's license statutes should be harmonized with federal requirements, which require proof of a physical capacity to drive a commercial vehicle, along with a valid commercial driver's license, but do not link the two requirements. The legislature finds that allowing commercial drivers to delay getting a physical until they are actually driving a commercial vehicle will prevent the imposition of unnecessary expense and hardship on Washington's commercial vehicle drivers." [ 2003 c 195 s 1.]
(1) Any person applying for a CDL or CLP must certify that he or she is or expects to be engaged in one of the following types of driving:
(a) Nonexcepted interstate;
(b) Excepted interstate;
(c) Nonexcepted intrastate; or
(d) Excepted intrastate.
(2) A CDL or CLP applicant or holder who certifies under subsection (1)(a), (b), or (c) of this section that he or she is or expects to be engaged in nonexcepted interstate, excepted interstate, or nonexcepted intrastate commerce must provide a copy of a medical examiner's certificate prepared by a medical examiner, as defined in 49 C.F.R. Sec. 390.5 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. A CDL or CLP holder who certifies under subsection (1)(a), (b), or (c) of this section must provide a copy of each subsequently issued medical examiner's certificate.
(3) For each operator of a commercial motor vehicle required to have a CDL or CLP, the department must meet the following requirements:
(a)(i) The driver's self-certification of type of driving under subsection (1) of this section must be maintained on the driver's record and the CDLIS driver record;
(ii) The copy of a medical examiner's certificate, when provided under subsection (2) of this section, must be retained for three years beyond the date the certificate was issued; and
(iii) When a medical examiner's certificate is provided under subsection (2) of this section, the information required under 49 C.F.R. Sec. 383.73 as it existed on April 30, 2019, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section must be posted to the CDLIS driver record within ten calendar days from the date provided. The indicator of medical certification status, such as "certified" or "not-certified," must be maintained on the driver's record.
(b) Within ten calendar days of the driver's medical certification status expiring or a medical variance expiring or being rescinded, the medical certification status of the driver must be updated to "not-certified."
(c) Within ten calendar days of receiving information from the federal motor carrier safety administration or the department regarding issuance or renewal of a medical variance for a driver, the department must update the CDLIS driver record to include the medical variance information.
(4) Upon receiving an electronic copy of the medical examiner's certificate from the federal motor carrier safety administration, the department must post a medical qualification status of "certified" on the CDLIS driver record for the driver.
(5)(a) If a driver's medical certification or medical variance expires, or the federal motor carrier safety administration or issuing medical examiner notifies the department that a medical variance was removed or rescinded, the department must:
(i) Notify the driver of his or her "not-certified" medical certification status and that the privilege of operating a commercial motor vehicle will be removed from the CDL or CLP unless the driver provides a current medical certificate or medical variance, or changes his or her self-certification to driving in excepted intrastate commerce; and
(ii) Initiate procedures for downgrading the CDL or CLP. The CDL or CLP downgrade must be completed and recorded within sixty days of the driver's medical certification status becoming "not-certified" to operate a commercial motor vehicle.
(b) If a driver fails to provide the department with the certification required in subsection (1) of this section, or a current medical examiner's certificate if the driver self-certifies under subsection (1)(a), (b), or (c) of this section that he or she is operating in nonexcepted interstate, excepted interstate, or nonexcepted intrastate commerce as required in subsection (2) of this section, the department must mark the CDLIS driver record as "not-certified" and initiate a CDL or CLP downgrade in accordance with (a)(ii) of this subsection.
(c) A driver whose CDL or CLP has been downgraded under this subsection may restore the CDL or CLP privilege by providing the necessary certifications or medical variance information to the department.
[ 2018 c 49 s 3; 2013 c 224 s 8; 2011 c 227 s 3. ]
NOTES:
Effective date—2019 c 44; 2018 c 49: See note following RCW 46.25.055.
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 227 ss 1-3: "Sections 1 through 3 of this act take effect January 30, 2012." [ 2011 c 227 s 7.]
(1) The commercial driver's license must be marked "commercial driver's license" or "CDL," and must be, to the maximum extent practicable, tamperproof. It must include, but not be limited to, the following information:
(a) The name and residence address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex, height, weight, and eye color;
(d) Date of birth;
(e) The person's social security number or any number or identifier deemed appropriate by the department;
(f) The person's signature;
(g) The class or type of commercial motor vehicle or vehicles that the person is authorized to drive, together with any endorsements or restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver's licenses may be issued with the classifications, endorsements, and restrictions set forth in this subsection. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.
(a) Licenses may be classified as follows:
(i) Class A is a combination vehicle.
(ii) Class B is a heavy straight vehicle.
(iii) Class C is a small vehicle that is:
(A) Designed to transport sixteen or more passengers, including the driver; or
(B) Used in the transportation of hazardous materials.
(b) The following endorsements may be placed on a license:
(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.
(ii) "T" authorizes driving double and triple trailers.
(iii) "P" authorizes driving vehicles carrying passengers, other than school buses.
(iv) "N" authorizes driving tank vehicles.
(v) "X" represents a combination of hazardous materials and tank vehicle endorsements.
(vi) "S" authorizes driving school buses.
(c) The following restrictions may be placed on a license:
(i) "E" restricts the driver from operating a commercial motor vehicle equipped with a manual transmission.
(ii) "K" restricts the driver from interstate operation of a commercial motor vehicle.
(iii) "L" restricts the driver from operating a commercial motor vehicle equipped with air brakes.
(iv) "M" restricts the driver from operating class A passenger vehicles.
(v) "N" restricts the driver from operating class A and B passenger vehicles.
(vi) "O" restricts the driver from operating tractor-trailer commercial motor vehicles.
(vii) "V" means that the driver has been issued a medical variance.
(viii) "Z" restricts the driver from operating a commercial motor vehicle equipped with full air brakes.
(d) The license may be issued with additional endorsements and restrictions as established by rule of the director.
[ 2013 c 224 s 9; 2011 c 227 s 2. Prior: 2004 c 249 s 8; 2004 c 187 s 5; 1996 c 30 s 2; 1989 c 178 s 10. ]
NOTES:
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2011 c 227 ss 1-3: See note following RCW 46.25.075.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.
(1)(a) Before issuing a CDL or CLP, the department must obtain driving record information:
(i) Through the commercial driver's license information system;
(ii) Through the national driver register;
(iii) From the current state of record; and
(iv) From all states where the applicant was previously licensed over the last 10 years to drive any type of motor vehicle.
(b) A driving record check under (a)(iv) of this subsection need only be performed once at the time of initial issuance of a CDL or CLP, provided a notation is made on the driver's record confirming that the driving record check has been made and noting the date it was completed.
(2) Within 10 days after issuing a CDL or CLP, the department must notify the commercial driver's license information system of the information required under 49 C.F.R. Sec. 383.73 as it existed on July 8, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section and provide all information required to ensure identification of the person.
(3) Every district court, municipal court, and clerk of a superior court shall report a traffic conviction of a CDL or CLP holder so that the conviction may be posted to the record in the commercial driver's license information system. No state, county, or municipal official or employee may take any action to mask, defer imposition of judgment, or allow entry into a diversion or alternative disposition program.
[ 2025 c 23 s 10; 2013 c 224 s 10. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2013 c 224: See note following RCW 46.01.130.
(1) The department may not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous material in commerce unless the federal transportation security administration has determined that the individual does not pose a security risk warranting denial of the endorsement.
(2) An individual who is prohibited from holding a commercial driver's license with a hazardous materials endorsement under 49 C.F.R. 1572.5 must surrender any hazardous materials endorsement in his or her possession to the department.
(3) The department may adopt such rules as may be necessary to comply with the provisions of 49 C.F.R. part 1572.
[ 2004 c 187 s 6. ]
(1) A CDL expires in the same manner as provided in RCW 46.20.181.
(2) When applying for renewal of a CDL, the applicant must:
(a) Complete the application form required under RCW 46.25.070(1), providing updated information and required certifications, and meet all the requirements of RCW 46.25.070 and 49 C.F.R. Sec. 383.71; and
(b) If the applicant wishes to retain a hazardous materials endorsement, take and pass the written test for a hazardous materials endorsement.
(3) The department must not renew a CDL if the CDL holder is prohibited from operating a commercial motor vehicle based on a query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 383.73.
[ 2023 c 57 s 1; 2023 c 35 s 4; 2013 c 224 s 11. ]
NOTES:
Reviser's note: This section was amended by 2023 c 35 s 4 and by 2023 c 57 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 57: "This act takes effect January 1, 2024." [ 2023 c 57 s 3.]
Effective date—2023 c 35: See note following RCW 46.25.010.
Effective date—2013 c 224: See note following RCW 46.01.130.
(1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to RCW 46.20.308 or 46.25.120, or if the person has been convicted of a first violation, within this or any other jurisdiction, of:
(a) Driving a motor vehicle under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more or any measurable amount of THC concentration, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age 21, or with a THC concentration of 5.00 nanograms per milliliter of whole blood or more, or a THC concentration above 0.00 if the person is under the age of 21, as determined by any testing methods approved by law in this state or any other state or jurisdiction;
(c) Leaving the scene of an accident involving a motor vehicle driven by the person;
(d) Using a motor vehicle in the commission of a felony;
(e) Refusing to submit to a test or tests to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle;
(f) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(g) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.
If any of the violations set forth in this subsection occurred while transporting hazardous material, the person is disqualified for a period of not less than three years.
(2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those offenses, arising from two or more separate incidents.
(3) The department may adopt rules, in accordance with federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection (2) of this section may be reduced to a period of not less than 10 years.
(4) A person is disqualified from driving a commercial motor vehicle for life who:
(a) Uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by chapter 69.50 RCW; or
(b) Uses a motor vehicle in the commission of any trafficking offense under RCW 9A.40.100, which offenses are deemed consistent with felonies involving severe forms of trafficking in persons as described by the federal motor carrier safety administration.
(5)(a) A person is disqualified from driving a commercial motor vehicle for a period of:
(i) Not less than 60 days if:
(A) Convicted of or found to have committed a second serious traffic violation while driving a commercial motor vehicle; or
(B) Convicted of reckless driving, where there has been a prior serious traffic violation; or
(ii) Not less than 120 days if:
(A) Convicted of or found to have committed a third or subsequent serious traffic violation while driving a commercial motor vehicle; or
(B) Convicted of reckless driving, where there has been two or more prior serious traffic violations.
(b) The disqualification period under (a)(ii) of this subsection must be in addition to any other previous period of disqualification.
(c) For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding that a driver has committed a serious traffic violation while driving a commercial motor vehicle or noncommercial motor vehicle, arising from a separate incident occurring within a three-year period, must be counted.
(6) A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than 180 days nor more than one year if convicted of or found to have committed a first violation of an out-of-service order while driving a commercial vehicle;
(b) Not less than two years nor more than five years if, during a 10-year period, the person is convicted of or is found to have committed two violations of out-of-service orders while driving a commercial motor vehicle in separate incidents;
(c) Not less than three years nor more than five years if, during a 10-year period, the person is convicted of or is found to have committed three or more violations of out-of-service orders while driving commercial motor vehicles in separate incidents;
(d) Not less than 180 days nor more than two years if the person is convicted of or is found to have committed a first violation of an out-of-service order while transporting hazardous materials, or while operating motor vehicles designed to transport 16 or more passengers, including the driver. A person is disqualified for a period of not less than three years nor more than five years if, during a 10-year period, the person is convicted of or is found to have committed subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver.
(7)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of this subsection if he or she is convicted of or is found to have committed one of the following six offenses at a railroad-highway grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:
(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment;
(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(iii) For drivers who are always required to stop, failing to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device or the directions of an enforcement officer at the crossing;
(vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial motor vehicle for a period of:
(i) Not less than 60 days if the driver is convicted of or is found to have committed a first violation of a railroad-highway grade crossing violation;
(ii) Not less than 120 days if the driver is convicted of or is found to have committed a second railroad-highway grade crossing violation in separate incidents within a three-year period;
(iii) Not less than one year if the driver is convicted of or is found to have committed a third or subsequent railroad-highway grade crossing violation in separate incidents within a three-year period.
(8) A person is disqualified from driving a commercial motor vehicle for not more than one year if a report has been received by the department from the federal motor carrier safety administration that the person's driving has been determined to constitute an imminent hazard as defined by 49 C.F.R. 383.5. A person who is simultaneously disqualified from driving a commercial motor vehicle under this subsection and under other provisions of this chapter, or under 49 C.F.R. 383.52, shall serve those disqualification periods concurrently.
(9) Within 10 days after suspending, revoking, or canceling a commercial driver's license or disqualifying a driver from operating a commercial motor vehicle, the department shall update its records to reflect that action.
[ 2023 c 35 s 6; 2022 c 51 s 1; 2017 c 87 s 5; 2013 2nd sp.s. c 35 s 10; 2011 c 227 s 4; 2006 c 327 s 4; 2005 c 325 s 5; 2004 c 187 s 7. Prior: 2002 c 272 s 3; 2002 c 193 s 1; 1996 c 30 s 3; 1989 c 178 s 11. ]
NOTES:
Effective date—2023 c 35: See note following RCW 46.25.010.
Effective date—2022 c 51: "This act takes effect September 23, 2022." [ 2022 c 51 s 2.]
Intent—2005 c 325: See note following RCW 46.25.010.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.
(1) When a person has been disqualified from operating a commercial motor vehicle, the person is not entitled to have the commercial driver's license or commercial learner's permit restored until after the expiration of the appropriate disqualification period required under RCW 46.25.090. After expiration of the appropriate period and upon payment of a requalification fee of $20 until June 30, 2016, and $35 beginning July 1, 2016, the person may apply for a new, duplicate, or renewal commercial driver's license or commercial learner's permit as provided by law. If the person has been disqualified for a period of one year or more, the person shall demonstrate that he or she meets the commercial driver's license or commercial learner's permit qualification standards specified in RCW 46.25.060.
(2) The fees under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a) or (b) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 208, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(a) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(c) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
[ 2023 c 35 s 5; 2021 c 317 s 20; 2015 3rd sp.s. c 44 s 208; 2013 c 224 s 12; 2002 c 272 s 4; 1989 c 178 s 12. ]
NOTES:
Effective date—2023 c 35: See note following RCW 46.25.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2013 c 224: See note following RCW 46.01.130.
(1) The department, upon receiving notification that pursuant to 49 C.F.R. Sec. 382 that a Washington state CLP or CDL holder is prohibited from operating a commercial motor vehicle, must initiate a downgrade of the CLP or CDL. The downgrade must be completed and recorded on the CDLIS driver record within 60 days of the department's receipt of such notification.
(2) Any administrative review made available by the federal motor carrier safety administration is the exclusive remedy for a CDL or CLP holder to contest administrative or clerical errors in the information sent to the department from the drug and alcohol clearinghouse.
(3) When the department receives notification that a CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle under subsection (1) of this section, the department must remove the downgrade or pending downgrade.
(4) If the federal motor carrier safety administration notifies the state that the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall: Remove the downgrade and remove any reference related to the driver's erroneous prohibited status from CDLIS and the driver's record.
[ 2023 c 35 s 7. ]
NOTES:
Effective date—2023 c 35: See note following RCW 46.25.010.
(1) Notwithstanding any other provision of Title 46 RCW, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol or THC in his or her system.
(2) Law enforcement or appropriate officials shall issue an out-of-service order valid for twenty-four hours against a person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol or THC in his or her system or who refuses to take a test to determine his or her alcohol content or THC concentration as provided by RCW 46.25.120.
[ 2013 2nd sp.s. c 35 s 11; 1989 c 178 s 13. ]
(1) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to RCW 46.61.506, to take a test or tests of that person's breath for the purpose of determining that person's alcohol concentration.
(2) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has reasonable grounds to believe that driver was driving a commercial motor vehicle while having alcohol in his or her system or while under the influence of any drug.
(3) The law enforcement officer requesting the test under subsection (1) of this section shall warn the person requested to submit to the test that a refusal to submit will result in that person being disqualified from operating a commercial motor vehicle under RCW 46.25.090.
(4) A law enforcement officer who at the time of stopping or detaining a commercial motor vehicle driver has reasonable grounds to believe that driver was driving a commercial motor vehicle while having alcohol, cannabis, or any drug in his or her system or while under the influence of alcohol, cannabis, or any drug may obtain a blood test pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law.
(5) If the person refuses testing, or a test is administered that discloses an alcohol concentration of 0.04 or more or any measurable amount of THC concentration, the law enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to subsection (1) of this section or a blood test was administered pursuant to subsection (4) of this section and that the person refused to submit to testing, or a test was administered that disclosed an alcohol concentration of 0.04 or more or any measurable amount of THC concentration.
(6) Upon receipt of the sworn report of a law enforcement officer under subsection (5) of this section, the department shall disqualify the driver from driving a commercial motor vehicle under RCW 46.25.090, subject to the hearing provisions of RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle within this state while having alcohol in the person's system or while under the influence of any drug, whether the person refused to submit to the test or tests upon request of the officer after having been informed that the refusal would result in the disqualification of the person from driving a commercial motor vehicle, if applicable, and, if the test was administered, whether the results indicated an alcohol concentration of 0.04 percent or more or any measurable amount of THC concentration. The department shall order that the disqualification of the person either be rescinded or sustained. Any decision by the department disqualifying a person from driving a commercial motor vehicle is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the pendency of the hearing and appeal. If the disqualification of the person is sustained after the hearing, the person who is disqualified may file a petition in the superior court of the county of arrest to review the final order of disqualification by the department in the manner provided in RCW 46.20.334.
[ 2023 c 35 s 8; 2022 c 16 s 39; 2015 2nd sp.s. c 3 s 7; 2013 2nd sp.s. c 35 s 12; 2006 c 327 s 5; 2002 c 272 s 5; 1998 c 41 s 6; 1990 c 250 s 50; 1989 c 178 s 14. ]
NOTES:
Effective date—2023 c 35: See note following RCW 46.25.010.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
(1) Within ten days after receiving a report of the conviction of or finding that a traffic infraction has been committed by any nonresident holder of a commercial driver's license or commercial learner's permit, or any nonresident operating a commercial motor vehicle, for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, the department shall notify the driver licensing authority in the licensing state of the conviction.
(2)(a) No later than ten days after disqualifying any nonresident holder of a commercial driver's license or commercial learner's permit from operating a commercial motor vehicle, or revoking, suspending, or canceling the nonresident driving privileges of the nonresident holder of a commercial driver's license or commercial learner's permit for at least sixty days, the department must notify the state that issued the license of the disqualification, revocation, suspension, or cancellation.
(b) The notification must include both the disqualification and the violation that resulted in the disqualification, revocation, suspension, or cancellation. The notification and the information it provides must be recorded on the driver's record.
[ 2013 c 224 s 13; 2004 c 187 s 8; 1989 c 178 s 15. ]
NOTES:
Effective date—2013 c 224: See note following RCW 46.01.130.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
The department may adopt rules necessary to carry out this chapter.
[ 1989 c 178 s 16. ]
The department may enter into or make agreements, arrangements, or declarations to carry out this chapter.
[ 1989 c 178 s 17. ]
Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license or commercial learner's permit issued by any state or jurisdiction in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses or permits, if the person's license or permit is not suspended, revoked, or canceled, and if the person is not disqualified from driving a commercial motor vehicle or is subject to an out-of-service order.
[ 2013 c 224 s 14; 2004 c 187 s 9; 1989 c 178 s 18. ]
NOTES:
Effective date—2013 c 224: See note following RCW 46.01.130.
(1) A person subject to RCW 81.04.405 who is determined by the utilities and transportation commission, after notice, to have committed an act that is in violation of RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or 46.25.110 is liable to Washington state for the civil penalties provided for in RCW 81.04.405.
(2) A person who violates or fails to comply with, or who procures, aids, or abets in the violation of any provision of RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or 46.25.110 is guilty of a gross misdemeanor.
[ 1989 c 178 s 19. ]
Sections 25, 26, 28, and 32 of this act shall take effect on April 1, 1992. The remainder of this act shall take effect on October 1, 1989. The director of licensing may immediately take such steps as are necessary to insure that all sections of this act are implemented on their respective effective dates.
[ 1989 c 178 s 33. ]
It is the purpose of this chapter to adopt in substance the provisions of the uniform vehicle code relating to financial responsibility in order to achieve greater uniformity with the laws of other states and thereby reduce the conflicts in laws confronting motorists as they travel between states.
[ 1963 c 169 s 1. ]
(1) The term "owner" as used in this chapter shall mean registered owner as defined in RCW 46.04.460.
(2) The term "registration" as used in this chapter shall mean the certificate of license registration issued under the laws of this state.
[ 1963 c 169 s 2. ]
(1) The director shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration.
(2) The director shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter.
[ 1963 c 169 s 3. ]
This chapter does not apply to the coverage exclusions under *RCW 48.177.010(6).
[ 2015 c 236 s 6. ]
NOTES:
*Reviser's note: RCW 48.177.010 was recodified as RCW 46.72B.180 pursuant to 2022 c 281 s 35.
Any order of the director under the provisions of this chapter shall be subject to review, at the instance of any party in interest, by appeal to the superior court of Thurston county, or at his or her option to the superior court of the county of his or her residence. The scope of such review shall be limited to that prescribed by RCW 7.16.120 governing review by certiorari. Notice of appeal must be filed within thirty days after service of the notice of such order. The court shall determine whether the filing of the appeal shall operate as a stay of any such order of the director. Upon the filing the notice of appeal the court shall issue an order to the director to show cause why the order should not be reversed or modified. The order to show cause shall be returnable not less than ten nor more than thirty days after the date of service thereof upon the director. The court after hearing the matter may modify, affirm, or reverse the order of the director in whole or in part.
[ 2010 c 8 s 9027; 1998 c 41 s 7; 1963 c 169 s 4. ]
NOTES:
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
(1) The department shall upon request furnish any person or his or her attorney a certified abstract of his or her driving record, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved. Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the motor vehicle laws as reported to the department, reference to any findings that the person has committed a traffic infraction which have been reported to the department, and a record of any vehicles registered in the name of the person. The department shall collect for each abstract the fee required in RCW 46.52.130(5).
(2) The department shall upon request furnish any person who may have been injured in person or property by any motor vehicle, with an abstract of all information of record in the department pertaining to the evidence of the ability of any driver or owner of any motor vehicle to respond in damages. The department shall collect for each abstract the fee required in RCW 46.52.130(5).
[ 2025 c 23 s 11; 2012 c 74 s 5; 2010 c 8 s 9028; 2007 c 424 s 2; 2002 c 352 s 19; 1987 1st ex.s. c 9 s 1; 1985 ex.s. c 1 s 10; 1979 ex.s. c 136 s 63; 1969 ex.s. c 40 s 1; 1967 c 174 s 1; 1963 c 169 s 5. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—2007 c 424: See note following RCW 46.20.293.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Severability—1987 1st ex.s. c 9: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 1st ex.s. c 9 s 11.]
Effective date—1987 1st ex.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 1st ex.s. c 9 s 12.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective date—1967 c 174: "Sections 1, 2, 3 and 4 of this amendatory act shall become effective July 1, 1967." [ 1967 c 174 s 7.]
Abstract of driving record furnished to insurance company: RCW 46.52.130.
The provisions of this chapter, requiring deposit of security and suspensions for failure to deposit security, subject to certain exemptions, shall apply to the driver and owner of any vehicle of a type subject to registration under the motor vehicle laws of this state which is in any manner involved in an accident within this state, which accident has resulted in bodily injury or death of any person or damage to the property of any one person to an apparent extent equal to or greater than the minimum amount established by rule adopted by the director. The director shall adopt rules establishing the property damage threshold at which the provisions of this chapter apply with respect to the deposit of security and suspensions for failure to deposit security. Beginning October 1, 1987, the property damage threshold shall be five hundred dollars. The thresholds shall be revised when necessary, but not more frequently than every two years. The revisions shall only be for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the time period since the last revision and by the threshold established by the chief of the Washington state patrol for the filing of accident reports as provided in RCW 46.52.030.
[ 1987 c 463 s 1; 1977 ex.s. c 369 s 1; 1971 ex.s. c 22 s 2; 1963 c 169 s 6. ]
(1) The department, not less than twenty days after receipt of a report of an accident as described in the preceding section, shall determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each driver or owner. Such determination shall not be made with respect to drivers or owners who are exempt under succeeding sections of this chapter from the requirements as to security and suspension.
(2) The department shall determine the amount of security deposit required of any person upon the basis of the reports or other information submitted. In the event a person involved in an accident as described in this chapter fails to make a report or submit information indicating the extent of his or her injuries or the damage to his or her property within one hundred eighty days after the accident and the department does not have sufficient information on which to base an evaluation of such injuries or damage, then the department after reasonable notice to such person, if it is possible to give such notice, otherwise without such notice, shall not require any deposit of security for the benefit or protection of such person.
(3) The department after receipt of report of any accident referred to herein and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident shall give written notice to every such person of the amount of security required to be deposited by him or her and that an order of suspension will be made as hereinafter provided not less than twenty days and not more than sixty days after the sending of such notice unless within said time security be deposited as required by said notice.
[ 2010 c 8 s 9029; 1981 c 309 s 1; 1979 c 78 s 1; 1963 c 169 s 7. ]
NOTES:
Proof of financial security for the future required in addition to security after accident: RCW 46.29.420.
The requirements as to security and suspension in this chapter shall not apply:
(1) To the driver or owner if the owner had in effect at the time of the accident an automobile liability policy or bond with respect to the vehicle involved in the accident, except that a driver shall not be exempt under this subsection if at the time of the accident the vehicle was being operated without the owner's permission, express or implied;
(2) To the driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his or her driving of vehicles not owned by him or her;
(3) To the driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy or bond as to which there is a bona fide dispute concerning coverage of such driver as evidenced by the pendency of litigation seeking a declaration of said driver's coverage under such policy or bond;
(4) To the driver, whether or not the owner, if there is a bona fide claim on the part of the driver that there was in effect at the time of the accident, an automobile liability policy or bond insuring or covering such driver;
(5) To any person qualifying as a self-insurer under RCW 46.29.630 or to any person operating a vehicle for such self-insurer;
(6) To the driver or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such driver or owner;
(7) To the driver or owner of a vehicle which at the time of the accident was parked, unless such vehicle was parked at a place where parking was at the time of the accident prohibited under any applicable law or ordinance;
(8) To the owner of a vehicle if at the time of the accident the vehicle was being operated without his or her permission, express or implied, or was parked by a person who had been operating such vehicle without such permission, except if the vehicle was operated by his or her minor child or spouse;
(9) To the owner of a vehicle involved in an accident if at the time of the accident such vehicle was owned by or leased to the United States, this state or any political subdivision of this state or a municipality thereof, or to the driver of such vehicle if operating such vehicle with permission; or
(10) To the driver or the owner of a vehicle in the event at the time of the accident the vehicle was being operated by or under the direction of a police officer who, in the performance of his or her duties, shall have assumed custody of such vehicle.
[ 2010 c 8 s 9030; 1965 c 124 s 1; 1963 c 169 s 8. ]
(1) No policy or bond is effective under RCW 46.29.080 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection (2) of this section, nor unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and if the accident has resulted in injury to, or destruction of, property to a limit of not less than ten thousand dollars because of injury to or destruction of property of others in any one accident.
(2) No policy or bond is effective under RCW 46.29.080 with respect to any vehicle which was not registered in this state or was a vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing such policy or bond is authorized to do business in this state, or if said company is not authorized to do business in this state, unless it executes a power of attorney authorizing the director of licensing to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.
(3) The department may rely upon the accuracy of the information in a required report of an accident as to the existence of insurance or a bond unless and until the department has reason to believe that the information is erroneous.
[ 1980 c 117 s 3; 1979 c 158 s 155; 1967 ex.s. c 3 s 1; 1963 c 169 s 9. ]
NOTES:
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: "This amendatory act shall take effect on July 1, 1968." [ 1967 ex.s. c 3 s 6.]
(1) The security required under this chapter shall be in such form and in such amount as the department may require, but in no case in excess of the limits specified in RCW 46.29.090 in reference to the acceptable limits of a policy or bond.
(2) Every depositor of security shall designate in writing every person in whose name such deposit is made and may at any time change such designation, but any single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
[ 1963 c 169 s 10. ]
If a person required to deposit security under this chapter fails to deposit such security within sixty days after the department has sent the notice as hereinbefore provided, the department shall thereupon suspend:
(1) The driver's license of each driver in any manner involved in the accident;
(2) The driver's license of the owner of each vehicle of a type subject to registration under the laws of this state involved in the accident;
(3) If the driver or owner is a nonresident, the privilege of operating within this state a vehicle of a type subject to registration under the laws of this state.
Such suspensions shall be made in respect to persons required by the department to deposit security who fail to deposit such security except as otherwise provided under succeeding sections of this chapter.
[ 1990 c 250 s 51; 1987 c 378 s 1; 1967 c 32 s 37; 1963 c 169 s 11. ]
(1) A person shall be relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident in the event he or she is released from liability by such other person.
(2) In the event the department has evaluated the injuries or damage to any minor the department may accept, for the purposes of this chapter only, evidence of a release from liability executed by a natural guardian or a legal guardian on behalf of such minor without the approval of any court or judge.
[ 2010 c 8 s 9031; 1965 c 124 s 2; 1963 c 169 s 12. ]
A person shall be relieved from the requirement for deposit of security in respect to a claim for injury or damage arising out of the accident in the event such person has been finally adjudicated not to be liable in respect to such claim.
[ 1963 c 169 s 13. ]
(1) Any two or more of the persons involved in or affected by an accident as described in RCW 46.29.060 may at any time enter into a written agreement for the payment of an agreed amount with respect to all claims of any of such persons because of bodily injury to or death or property damage arising from such accident, which agreement may provide for payment in installments, and may file a signed copy thereof with the department.
(2) The department, to the extent provided by any such written agreement filed with it, shall not require the deposit of security and shall terminate any prior order of suspension, or, if security has previously been deposited, the department shall immediately return such security to the depositor or his or her personal representative.
(3) In the event of a default in any payment under such agreement and upon notice of such default the department shall take action suspending the license of such person in default as would be appropriate in the event of failure of such person to deposit security when required under this chapter.
(4) Such suspension shall remain in effect and such license shall not be restored unless and until:
(a) Security is deposited as required under this chapter in such amount as the department may then determine,
(b) When, following any such default and suspension, the person in default has paid the balance of the agreed amount,
(c) When, following any such default and suspension, the person in default has resumed installment payments under an agreement acceptable to the creditor, or
(d) Three years have elapsed following the accident and evidence satisfactory to the department has been filed with it that during such period no action at law upon such agreement has been instituted and is pending.
[ 2010 c 8 s 9032; 1981 c 309 s 2; 1963 c 169 s 14. ]
The payment of a judgment arising out of an accident or the payment upon such judgment of an amount equal to the maximum amount which could be required for deposit under this chapter shall, for the purposes of this chapter, release the judgment debtor from the liability evidenced by such judgment.
[ 1963 c 169 s 15. ]
The department, if satisfied as to the existence of any fact which under RCW 46.29.120, 46.29.130, 46.29.140 or 46.29.150 would entitle a person to be relieved from the security requirements of this chapter, shall not require the deposit of security by the person so relieved from such requirement, or if security has previously been deposited by such person, the department shall immediately return such deposit to such person or to his or her personal representative.
[ 2010 c 8 s 9033; 1963 c 169 s 16. ]
Unless a suspension is terminated under other provisions of this chapter, any order of suspension by the department under this chapter shall remain in effect and no license shall be renewed for or issued to any person whose license is so suspended until:
(1) Such person shall deposit or there shall be deposited on his or her behalf the security required under this chapter, or
(2) Three years have elapsed following the date of the accident resulting in such suspension and evidence satisfactory to the department has been filed with it that during such period no action for damages arising out of the accident resulting in such suspension has been instituted.
An affidavit of the applicant that no action at law for damages arising out of the accident has been filed against him or her or, if filed, that it is not still pending shall be prima facie evidence of that fact. The department may take whatever steps are necessary to verify the statement set forth in any said affidavit.
[ 2010 c 8 s 9034; 1981 c 309 s 3; 1963 c 169 s 17. ]
(1) In case the driver or the owner of a vehicle of a type subject to registration under the laws of this state involved in an accident within this state has no driver's license in this state, then such driver shall not be allowed a driver's license until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a license or been the owner of a vehicle registered in this state.
(2) When a nonresident's driving privilege is suspended pursuant to RCW 46.29.110, the department shall transmit a certified copy of the record or abstract of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provided for action in relation thereto similar to that provided for in subsection (3) of this section.
(3) Upon receipt of such certification that the driving privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the department to suspend a nonresident's driving privilege had the accident occurred in this state, the department shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of his or her compliance with the law of such other state relating to the deposit of such security.
[ 2010 c 8 s 9035; 1967 c 32 s 38; 1963 c 169 s 18. ]
The department may reduce the amount of security ordered in any case if in its judgment the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned to the depositor or his or her personal representative forthwith.
[ 2010 c 8 s 9036; 1965 c 124 s 3; 1963 c 169 s 19. ]
Whenever the department has taken any action or has failed to take any action under this chapter by reason of having received erroneous information, then upon receiving correct information within three years after the date of an accident the department shall take appropriate action to carry out the purposes and effect of this chapter. The foregoing, however, shall not be deemed to require the department to reevaluate the amount of any deposit required under this chapter.
[ 1967 c 61 s 1; 1965 c 124 s 4; 1963 c 169 s 20. ]
The department shall place any security deposited with it under this chapter in the custody of the state treasurer.
[ 1963 c 169 s 21. ]
(1) Such security shall be applicable and available only:
(a) For the payment of any settlement agreement covering any claim arising out of the accident upon instruction of the person who made the deposit, or
(b) For the payment of a judgment or judgments, rendered against the person required to make the deposit, for damages arising out of the accident in an action at law begun not later than three years after the date of the accident.
(2) Every distribution of funds from the security deposits shall be subject to the limits of the department's evaluation on behalf of a claimant.
[ 1981 c 309 s 4; 1963 c 169 s 22. ]
Upon the expiration of three years from the date of the accident resulting in the security requirement, any security remaining on deposit shall be returned to the person who made such deposit or to his or her personal representative if an affidavit or other evidence satisfactory to the department has been filed with it:
(1) That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made, and
(2) That there does not exist any unpaid judgment rendered against any such person in such an action.
The foregoing provisions of this section shall not be construed to limit the return of any deposit of security under any other provision of this chapter authorizing such return.
[ 2010 c 8 s 9037; 1981 c 309 s 5; 1963 c 169 s 23. ]
The report required following an accident, the action taken by the department pursuant to this chapter, the findings, if any, of the department upon which such action is based, and the security filed as provided in this chapter, shall not be referred to in any way, and shall not be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.
[ 1963 c 169 s 24. ]
The provisions of this chapter requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws, or who have failed to pay judgments upon causes of action arising out of ownership, maintenance or use of vehicles of a type subject to registration under the laws of this state, or who having driven or owned a vehicle involved in an accident are required to deposit security under the provisions of RCW 46.29.070.
[ 1963 c 169 s 25. ]
The term "proof of financial responsibility for the future" as used in this chapter means: Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, in the amount of twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of ten thousand dollars because of injury to or destruction of property of others in any one accident. Wherever used in this chapter the terms "proof of financial responsibility" or "proof" shall be synonymous with the term "proof of financial responsibility for the future."
[ 1980 c 117 s 4; 1967 ex.s. c 3 s 2; 1963 c 169 s 26. ]
NOTES:
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section.
(1) The term "judgment" shall mean: Any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any vehicle of a type subject to registration under the laws of this state, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages. The first page of a judgment must include a judgment summary that states damages are awarded under this section and the judgment creditor must give notice as outlined in RCW 46.29.310.
(2) The term "state" shall mean: Any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
[ 2016 c 93 s 4; 1999 c 296 s 2; 1963 c 169 s 27. ]
Whenever, under any law of this state, the license of any person is suspended or revoked by reason of a conviction, forfeiture of bail, or finding that a traffic infraction has been committed, the suspension or revocation hereinbefore required shall remain in effect and the department shall not issue to such person any new or renewal of license until permitted under the motor vehicle laws of this state, and not then unless and until such person shall give and thereafter maintain proof of financial responsibility for the future. Upon receiving notice of the termination or cancellation of proof of financial responsibility for the future, the department shall resuspend or rerevoke the person's driving privilege until the person again gives and thereafter maintains proof of financial responsibility for the future.
[ 1985 c 157 s 1; 1979 ex.s. c 136 s 64; 1963 c 169 s 28. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
If a person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license, no license shall be thereafter issued to such person unless he or she shall give and thereafter maintain proof of financial responsibility for the future.
[ 2010 c 8 s 9038; 1965 c 124 s 5; 1963 c 169 s 29. ]
Whenever the department suspends or revokes a nonresident's driving privilege by reason of a conviction, forfeiture of bail, or finding that a traffic infraction has been committed such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility for the future.
[ 1979 ex.s. c 136 s 65; 1967 c 32 s 39; 1963 c 169 s 30. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Whenever any person fails within thirty days to satisfy any judgment, then it shall be the duty of the judgment creditor to forward immediately to the department the following:
(1) A certified copy or abstract of such judgment;
(2) A certificate of facts relative to such judgment;
(3) Where the judgment is by default, a certified copy or abstract of that portion of the record which indicates the manner in which service of summons was effectuated and all the measures taken to provide the defendant with timely and actual notice of the suit against him or her.
[ 2016 c 93 s 5; 2010 c 8 s 9039; 1969 ex.s. c 44 s 1; 1963 c 169 s 31. ]
If the defendant named in any certified copy or abstract of a judgment reported to the department is a nonresident, the department shall transmit those certificates furnished to it under RCW 46.29.310 to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident.
[ 1969 ex.s. c 44 s 2; 1963 c 169 s 32. ]
The department upon receipt of the certificates provided for by RCW 46.29.310, on a form provided by the department, shall forthwith suspend the license and any nonresident's driving privilege of any person against whom such judgment was rendered, except as otherwise provided in this chapter.
[ 1990 c 250 s 52; 1969 ex.s. c 44 s 3; 1967 c 32 s 40; 1963 c 169 s 33. ]
The provisions of RCW 46.29.330 shall not apply with respect to any such judgment arising out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state or any political subdivision of this state or a municipality thereof.
[ 1963 c 169 s 34. ]
If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor be allowed a license or nonresident's driving privilege, the same may be allowed by the department, in its discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in RCW 46.29.400, provided the judgment debtor furnishes proof of financial responsibility.
[ 1967 c 32 s 41; 1963 c 169 s 35. ]
No license or nonresident's driving privilege of any person shall be suspended under the provisions of this chapter if the department shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this chapter, but has not paid such judgment for any reason. A finding by the department that an insurer is obligated to pay a judgment shall not be binding upon such insurer and shall have no legal effect whatever except for the purpose of administering this section. If the department finds that no insurer is obligated to pay such a judgment, the judgment debtor may file with the department a written notice of his or her intention to contest such finding by an action in the superior court. In such a case the license or the nonresident's driving privilege of such judgment debtor shall not be suspended by the department under the provisions of this chapter for thirty days from the receipt of such notice nor during the pendency of any judicial proceedings brought in good faith to determine the liability of an insurer so long as the proceedings are being diligently prosecuted to final judgment by such judgment debtor. Whenever in any judicial proceedings it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license and any nonresident's driving privilege of any person against whom such judgment was rendered, as provided in RCW 46.29.330.
[ 2010 c 8 s 9040; 1967 c 32 s 42; 1963 c 169 s 36. ]
Such license and nonresident's driving privilege shall remain so suspended and shall not be renewed, nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided and until the said person gives proof of financial responsibility subject to the exemptions stated in RCW 46.29.350, 46.29.360 and 46.29.400.
[ 1967 c 32 s 43; 1963 c 169 s 37. ]
(1) Judgments herein referred to are, for the purpose of this chapter only, deemed satisfied:
(a) When twenty-five thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
(b) When, subject to such limit of twenty-five thousand dollars because of bodily injury to or death of one person, the sum of fifty thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
(c) When ten thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.
(2) Payments made in settlements of any claims because of bodily injury, death, or property damage arising from such accident shall be credited in reduction of the amounts provided for in this section.
[ 1980 c 117 s 5; 1979 c 61 s 14; 1967 ex.s. c 3 s 3; 1963 c 169 s 39. ]
NOTES:
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
(1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
(2) The department shall not suspend a license or nonresident's driving privilege, and shall restore any license or nonresident's driving privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtain such an order permitting the payment of such judgment in installments, and while the payment of any said installments is not in default.
[ 1967 c 32 s 44; 1963 c 169 s 40. ]
In the event the judgment debtor fails to pay any installment as specified by such order, then upon notice of such default, the department shall forthwith suspend the license or nonresident's driving privilege of the judgment debtor until such judgment is satisfied, as provided in this chapter.
[ 1967 c 32 s 45; 1963 c 169 s 41. ]
Any person required to deposit security under RCW 46.29.070, for the benefit or protection of another person injured or damaged in an accident, shall in addition be required to give proof of financial responsibility for the future. The department shall give written notice of such additional requirement to every such person at the time and in the manner provided in RCW 46.29.070 for giving notice of the requirement for security.
[ 1963 c 169 s 42. ]
If a person required to give proof of financial responsibility under RCW 46.29.420 fails to give such proof within sixty days after the department has sent notice as hereinbefore provided, the department shall suspend, or continue in effect any existing suspension or revocation of, the license or any nonresident's driving privilege of the person.
[ 1990 c 250 s 53; 1987 c 371 s 1; 1967 c 32 s 46; 1963 c 169 s 43. ]
Such license or nonresident's driving privilege shall remain so suspended and shall not be renewed, nor shall any such license be thereafter issued in the name of such person, including any such person not previously licensed, unless and until such person shall give and thereafter maintain proof of financial responsibility for the future. The furnishing of such proof shall permit such person to operate only a motor vehicle covered by such proof. The department shall endorse appropriate restrictions on the license held by such person or may issue a new license containing such restrictions.
[ 1967 c 32 s 47; 1965 c 124 s 6; 1963 c 169 s 44. ]
Proof of financial responsibility when required under this chapter, with respect to such a vehicle or with respect to a person who is not the owner of such a vehicle, may be given by filing:
(1) A certificate of insurance as provided in RCW 46.29.460 or 46.29.470;
(2) A bond as provided in RCW 46.29.520;
(3) A certificate of deposit of money or securities as provided in RCW 46.29.550; or
(4) A certificate of self-insurance, as provided in RCW 46.29.630, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he or she will pay the same amounts that an insurer would have been obliged to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.
[ 2010 c 8 s 9041; 1963 c 169 s 45. ]
Proof of financial responsibility for the future may be furnished by filing with the department the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
[ 1963 c 169 s 46. ]
A nonresident may give proof of financial responsibility by filing with the department a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by such nonresident is registered, or in the state in which such nonresident resides, if he or she does not own a vehicle, provided such certificate otherwise conforms with the provisions of this chapter, and the department shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) Said insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state;
(2) Said insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued therein.
[ 2010 c 8 s 9042; 1963 c 169 s 47. ]
If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the department shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
[ 1963 c 169 s 48. ]
(1) Certification. A "motor vehicle liability policy" as said term is used in this chapter means an "owner's policy" or an "operator's policy" of liability insurance, certified as provided in RCW 46.29.460 or 46.29.470 as proof of financial responsibility for the future, and issued, except as otherwise provided in RCW 46.29.470, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named in the policy as insured.
(2) Owner's policy. Such owner's policy of liability insurance:
(a) Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is to be granted by the policy; and
(b) Shall insure the person named therein and any other person, as insured, using any such vehicle or vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such vehicle as follows: Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and ten thousand dollars because of injury to or destruction of property of others in any one accident.
(3) Operator's policy. Such operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him or her by law for damages arising out of the use by him or her of any motor vehicle not owned by him or her, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.
(4) Required statements in policies. Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided under the policy in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
(5) Policy need not insure workers' compensation, etc. Such motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
(6) Provisions incorporated in policy. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his or her behalf and no violation of said policy defeats or voids said policy.
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.
(c) The insurance carrier may settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in subsection (2)(b) of this section.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitutes the entire contract between the parties.
(7) Excess or additional coverage. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage is not subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term "motor vehicle liability policy" applies only to that part of the coverage which is required by this section.
(8) Reimbursement provision permitted. Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
(9) Proration of insurance permitted. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(10) Multiple policies. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carrier which policies together meet such requirements.
(11) Binders. Any binder issued pending the issuance of a motor vehicle liability policy is deemed to fulfill the requirements for such a policy.
[ 2010 c 8 s 9043; 1980 c 117 s 6; 1967 ex.s. c 3 s 4; 1963 c 169 s 49. ]
NOTES:
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
When an insurance carrier has certified a motor vehicle liability policy under RCW 46.29.460 or 46.29.470 the insurance so certified shall not be canceled or terminated until at least ten days after a notice of cancellation or termination of the insurance so certified shall be filed in the department, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any vehicle designated in both certificates.
[ 1963 c 169 s 50. ]
(1) This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
(2) This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his or her behalf of vehicles not owned by the insured.
[ 2010 c 8 s 9044; 1963 c 169 s 51. ]
Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two individual sureties each owning real estate within this state, and together having equities equal in value to at least twice the amount of the bond, which real estate shall be scheduled in the bond approved by a judge of the superior court, which said bond shall be conditioned for payment of the amounts specified in RCW 46.29.260. Such bond shall be filed with the department and shall not be cancellable except after ten days written notice to the department.
[ 1963 c 169 s 52. ]
Before a bond with individual sureties is accepted by the department it shall be recorded as other instruments affecting real property in the county or counties wherein any real estate scheduled in such bond is located. Such bond shall constitute a lien from the date of such recording in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damage because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a vehicle of a type subject to registration under the laws of this state after such bond was filed.
[ 1963 c 169 s 53. ]
If a judgment, rendered against the principal on any bond described in RCW 46.29.520, shall not be satisfied within thirty days after it has become final, the judgment creditor may, for his or her own use and benefit and at his or her sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such bond. Such an action to foreclose a lien shall be prosecuted in the same manner as an action to foreclose a mortgage on real estate.
[ 2010 c 8 s 9045; 1963 c 169 s 54. ]
Proof of financial responsibility may be evidenced by the certificate of the department that the person named therein has deposited with him or her sixty thousand dollars in cash, or securities such as may legally be purchased by savings banks or for trust funds of a market value of sixty thousand dollars. The department shall not accept any such deposit and issue a certificate therefor and the department shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
[ 2014 c 17 s 1; 2010 c 8 s 9046; 1980 c 117 s 7; 1967 ex.s. c 3 s 5; 1963 c 169 s 55. ]
NOTES:
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
Such deposit shall be held by the department to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid. Any interest or other income accruing to such money or securities, so deposited, shall be paid to the depositor, or his or her order, as received.
[ 2014 c 17 s 2; 2010 c 8 s 9047; 1963 c 169 s 56. ]
The owner of a motor vehicle may give proof of financial responsibility on behalf of his or her employee or a member of his or her immediate family or household in lieu of the furnishing of proof by any said person. The furnishing of such proof shall permit such person to operate only a motor vehicle covered by such proof. The department shall endorse appropriate restrictions on the license held by such person, or may issue a new license containing such restrictions.
[ 2010 c 8 s 9048; 1963 c 169 s 57. ]
The department shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
[ 2014 c 17 s 3; 1963 c 169 s 58. ]
Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the department shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration pending the filing of such other proof.
[ 1963 c 169 s 59. ]
(1) The department shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the department shall waive the requirement of filing proof, in any of the following events:
(a) At any time after three years from the date such proof was required when, during the three-year period preceding the request, the department has not received record of a conviction, forfeiture of bail, or finding that a traffic infraction has been committed which would require or permit the suspension or revocation of the license of the person by or for whom such proof was furnished; or
(b) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(c) In the event the person who has given proof surrenders his or her license to the department.
(2) Provided, however, that the department shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied, or in the event the person who has filed such bond or deposited such money or securities has within one year immediately preceding such request been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he or she has been released from all of his or her liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.
(3) Whenever any person whose proof has been canceled or returned under subsection (1)(c) of this section applies for a license within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such three-year period.
[ 2014 c 17 s 4; 2010 c 8 s 9049; 1979 ex.s. c 136 s 66; 1963 c 169 s 60. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) Whenever the involvement in a motor vehicle accident in this state results in the driving privilege of a person being suspended for failure to pay a judgment or deposit security, the department shall suspend the Washington registration of the motor vehicle if the person driving at the time of the accident was also the registered owner of the motor vehicle.
(2) A notice of suspension shall be mailed by first-class mail to the owner's last known address of record in the department and shall be effective notwithstanding the owner's failure to receive the notice.
(3) Upon suspension of the registration of a motor vehicle, the registered owner shall surrender all vehicle license plates registered to the vehicle. The department shall destroy the license plates and, upon reinstatement of the registration, shall issue new vehicle license plates as provided in RCW 46.16A.200(9).
(4) Failure to surrender license plates under subsection (3) of this section is a misdemeanor punishable by imprisonment for not less than one day nor more than five days and by a fine of not less than fifty dollars nor more than two hundred fifty dollars.
(5) No vehicle license plates, certificate of title, or registration certificate for a motor vehicle may be issued, and no vehicle registration may be renewed during the time the registration of the motor vehicle is suspended.
(6) Any person who operates a vehicle in this state while the registration of the vehicle is suspended is guilty of a gross misdemeanor and upon conviction thereof shall be imprisoned for not less than two days nor more than five days and fined not less than one hundred dollars nor more than five hundred dollars.
[ 2010 c 161 s 1114; 1981 c 309 s 6. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) Any person whose license shall have been suspended under any provision of this chapter, or whose policy of insurance or bond, when required under this chapter, shall have been canceled or terminated, shall immediately return the license to the department.
(2) Any person willfully failing to return a license as required in subsection (1) of this section is guilty of a misdemeanor.
[ 1990 c 250 s 54; 1963 c 169 s 61. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Any person who shall forge, or, without authority, sign any evidence of proof of financial responsibility for the future, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be guilty of a gross misdemeanor.
[ 1963 c 169 s 62. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
(1) Any person in whose name more than twenty-five vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided in subsection (2) of this section.
(2) The department may, in its discretion, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgment obtained against such person. Such certificate may be issued authorizing a person to act as a self-insurer for either property damage or bodily injury, or both.
(3) Upon not less than five days' notice and a hearing pursuant to such notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
[ 1963 c 169 s 63. ]
Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
[ 1963 c 169 s 64. ]
RCW 46.29.010 through 46.29.640 shall be codified as a single chapter of the Revised Code of Washington. RCW 46.29.010 through 46.29.050 shall be captioned "ADMINISTRATION." RCW 46.29.060 through 46.29.240 shall be captioned "SECURITY FOLLOWING ACCIDENT." RCW 46.29.250 through 46.29.600 shall be captioned "PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE." RCW 46.29.610 through 46.29.620 shall be captioned "VIOLATIONS OF THIS CHAPTER." RCW 46.29.630 through 46.29.640 shall be captioned "MISCELLANEOUS PROVISIONS RELATING TO FINANCIAL RESPONSIBILITY." Such captions and subsection headings, as used in this chapter, do not constitute any part of the law.
[ 1963 c 169 s 67. ]
Sections 46.24.010 through 46.24.910 and sections 46.28.010 through 46.28.200, chapter 12, Laws of 1961 and RCW 46.24.010 through 46.24.910 and RCW 46.28.010 through 46.28.200 are each repealed.
Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder.
[ 1963 c 169 s 69. ]
It is a privilege granted by the state to operate a motor vehicle upon the highways of this state. The legislature recognizes the threat that uninsured drivers are to the people of the state. In order to alleviate the threat posed by uninsured drivers it is the intent of the legislature to require that all persons driving vehicles registered in this state satisfy the financial responsibility requirements of this chapter. By enactment of this chapter it is not the intent of the legislature to modify, amend, or invalidate existing insurance contract terms, conditions, limitations, or exclusions or to preclude insurance companies from using similar terms, conditions, limitations, or exclusions in future contracts.
[ 1989 c 353 s 1. ]
(1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16A RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer, failure to display proof of financial responsibility for motor vehicle operation as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community restitution.
(e) For the purposes of this section, when a person uses a portable electronic device to display proof of financial security to a law enforcement officer, the officer may only view the proof of financial security and is otherwise prohibited from viewing any other content on the portable electronic device.
(f) Whenever a person presents a portable electronic device pursuant to this section, that person assumes all liability for any damage to the portable electronic device.
(2) If a person cited for a violation of subsection (1) of this section appears in person before the court or a violations bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed and the court or violations bureau may assess court administrative costs of $25 at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of $25 at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle governed by RCW 46.16A.170 or registered with the Washington utilities and transportation commission as common or contract carriers; or
(b) The operation of a motor-driven cycle as defined in RCW 46.04.332, a moped as defined in RCW 46.04.304, or a wheeled all-terrain vehicle as defined in RCW 46.09.310.
(4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.
[ 2025 c 332 s 1; 2019 c 60 s 1; 2013 2nd sp.s. c 23 s 20; 2013 c 157 s 1; 2011 c 171 s 76; 2010 c 161 s 1115; 2003 c 221 s 1; 2002 c 175 s 35; 1991 sp.s. c 25 s 1; 1991 c 339 s 24; 1989 c 353 s 2. ]
NOTES:
Effective date—2025 c 332: See note following RCW 46.18.255.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2002 c 175: See note following RCW 7.80.130.
Notice of liability insurance requirement: RCW 46.16A.130.
(1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with an identification card as specified by the department of licensing. At the policyholder's request, the insurer shall provide the policyholder a card for each vehicle covered under the policy. The card required by this section may be provided in either paper or electronic format. Acceptable electronic formats include the display of electronic images on a cellular phone or any other type of portable electronic device.
(2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identification cards to be used for proof of compliance with RCW 46.30.020, including the method for issuance of such identification cards by persons or organizations providing proof of compliance through self-insurance, certificate of deposit, or bond. In adopting such rules the department shall consider the guidelines for insurance identification cards developed by the insurance industry committee on motor vehicle administration.
[ 2013 c 157 s 2; 1989 c 353 s 3. ]
Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a misdemeanor.
[ 1991 sp.s. c 25 s 2; 1989 c 353 s 4. ]
(1) No entity may test an autonomous motor vehicle on any public roadway under the department's autonomous vehicle self-certification testing pilot program unless:
(a) The entity holds an umbrella liability insurance policy that covers the entity in an amount not less than five million dollars per occurrence for damages by reason of bodily injury or death or property damage, caused by the operation of an autonomous motor vehicle for which information is provided under the autonomous vehicle self-certification testing pilot program; and
(b) The entity maintains proof of this policy with the department in a form and manner specified by the department.
(2) Requirements related to proof of motor vehicle insurance under RCW 46.30.020 and penalties for providing false evidence of motor vehicle insurance under RCW 46.30.040 are applicable to this section.
[ 2020 c 182 s 1. ]
This act shall take effect January 1, 1990. The director of the department of licensing may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.
[ 1989 c 353 s 13. ]
For the purpose of this chapter "commercial motor vehicle" means a self-propelled or towed vehicle used on a highway in interstate or intrastate commerce to transport passengers or property, when the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating or gross weight or gross combination weight of 4,536 kilograms or more (10,001 pounds or more); or
(2) Is designed or used to transport more than eight passengers, including the driver, for compensation; or
(3) Is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting materials found by the secretary of transportation to be hazardous under 49 U.S.C. Sec. 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 C.F.R., subtitle B, Chapter I, subchapter C.
A recreational vehicle used for noncommercial purposes is not considered a commercial motor vehicle. "Recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose.
[ 2006 c 50 s 2; 1993 c 403 s 1. ]
(1) The chief of the Washington state patrol may operate, maintain, or designate, throughout the state of Washington, stations for the inspection of commercial motor vehicles, school buses, and private carrier buses, with respect to vehicle equipment, drivers' qualifications, and hours of service and to set reasonable times when inspection of vehicles shall be performed.
(2) The state patrol may inspect a commercial motor vehicle while the vehicle is operating on the public highways of this state with respect to vehicle equipment, hours of service, and driver qualifications.
(3) It is unlawful for any vehicle required to be inspected to be operated over the public highways of this state unless and until it has been approved periodically as to equipment.
(4) Inspections shall be performed by a responsible employee of the chief of the Washington state patrol, who shall be duly authorized and who shall have authority to secure and withhold, with written notice to the director of licensing, the certificate of license registration and license plates of any vehicle found to be defective in equipment so as to be unsafe or unfit to be operated upon the highways of this state, and it shall be unlawful for any person to operate a vehicle placed out of service by an officer unless and until it has been placed in a condition satisfactory to pass a subsequent equipment inspection. The officer in charge of such vehicle equipment inspection shall grant to the operator of such defective vehicle the privilege to move such vehicle to a place for repair under such restrictions as may be reasonably necessary.
(5) In the event any insignia, sticker, or other marker is adopted to be displayed upon vehicles in connection with the inspection of vehicle equipment, it shall be displayed as required by the rules of the chief of the Washington state patrol, and it is a traffic infraction for any person to mutilate, destroy, remove, or otherwise interfere with the display thereof.
(6) It is a traffic infraction for any person to refuse to have his or her motor vehicle examined as required by the chief of the Washington state patrol, or, after having had it examined, to refuse to place an insignia, sticker, or other marker, if issued, upon the vehicle, or fraudulently to obtain any such insignia, sticker, or other marker, or to refuse to place his or her motor vehicle in proper condition after having had it examined, or in any manner, to fail to conform to the provisions of this chapter.
(7) It is a traffic infraction for any person to perform false or improvised repairs, or repairs in any manner not in accordance with acceptable and customary repair practices, upon a motor vehicle.
[ 2010 c 8 s 9050; 2007 c 419 s 7; 1993 c 403 s 2; 1986 c 123 s 1; 1979 ex.s. c 136 s 67; 1979 c 158 s 156; 1967 c 32 s 48; 1961 c 12 s 46.32.010. Prior: 1947 c 267 s 1; 1945 c 44 s 1; 1937 c 189 s 7; Rem. Supp. 1947 s 6360-7. ]
NOTES:
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1)(a) The chief of the Washington state patrol may adopt reasonable rules regarding types of vehicles to be inspected, inspection criteria, times for the inspection of vehicle equipment, drivers' qualifications, hours of service, and all other matters with respect to the conduct of vehicle equipment and driver inspections.
(b) The chief of the Washington state patrol shall prepare and furnish such stickers, tags, record and report forms, stationery, and other supplies as shall be deemed necessary. The chief of the Washington state patrol is empowered to appoint and employ such assistants as he or she may consider necessary and to fix hours of employment and compensation.
(2) The chief of the Washington state patrol shall use data-driven analysis to prioritize for inspections and compliance reviews those motor carriers whose relative safety fitness identify them as higher risk motor carriers.
[ 2010 c 8 s 9051; 2007 c 419 s 8; 1993 c 403 s 3; 1986 c 123 s 2; 1961 c 12 s 46.32.020. Prior: 1945 c 44 s 2; 1937 c 189 s 8; Rem. Supp. 1945 s 6360-8. ]
NOTES:
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
(1) Except as provided in subsection (2) of this section, vehicle equipment inspection shall be at such intervals as required by the chief of the Washington state patrol and shall be made without charge.
(2) When a motor carrier is identified as a high-risk carrier through a data-driven analysis due to formerly or recently identified deficiencies or violations, the fee for each motor carrier compliance review follow-up to ensure those deficiencies or violations have been corrected is two hundred fifty dollars. The fee shall be collected by the Washington state patrol and shall be deposited into the state patrol highway account. This fee applies to motor carriers already identified as a high-risk carrier or a motor carrier that has been reclassified as a high-risk carrier due to recently identified deficiencies or violations.
[ 2007 c 419 s 9; 1986 c 123 s 3; 1961 c 12 s 46.32.040. Prior: 1945 c 44 s 4; 1937 c 189 s 10; Rem. Supp. 1945 s 6360-10. ]
NOTES:
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
It shall be unlawful for any person employed by the chief of the Washington state patrol at any vehicle equipment inspection station, to order, direct, recommend, or influence the correction of vehicle equipment defects by any person or persons whomsoever.
It shall be unlawful for any person employed by the chief of the Washington state patrol while in or about any vehicle equipment inspection station, to perform any repair or adjustment upon any vehicle or any equipment or appliance of any vehicle whatsoever.
It shall be unlawful for any person to solicit in any manner the repair to any vehicle or the adjustment of any equipment or appliance of any vehicle, upon the property of any vehicle equipment inspection station or upon any public highway adjacent thereto.
Violation of the provisions of this section is a traffic infraction.
[ 1986 c 123 s 4; 1979 ex.s. c 136 s 68; 1961 c 12 s 46.32.050. Prior: 1945 c 44 s 5; 1937 c 189 s 11; Rem. Supp. 1945 s 6360-11. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
It shall be unlawful for any person to operate or move, or for any owner to cause or permit to be operated or moved upon any public highway, any vehicle or combination of vehicles, which is not at all times equipped in the manner required by this title, or the equipment of which is not in a proper condition and adjustment as required by this title or rules adopted by the chief of the Washington state patrol.
Any vehicle operating upon the public highways of this state and at any time found to be defective in equipment in such a manner that it may be considered unsafe shall be an unlawful vehicle and may be prevented from further operation until such equipment defect is corrected and any peace officer is empowered to impound such vehicle until the same has been placed in a condition satisfactory to vehicle inspection. The necessary cost of impounding any such unlawful vehicle and any cost for the storage and keeping thereof shall be paid by the owner thereof. The impounding of any such vehicle shall be in addition to any penalties for such unlawful operation.
The provisions of this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any peace officer or representative of the state patrol.
[ 1987 c 330 s 705; 1986 c 123 s 5; 1961 c 12 s 46.32.060. Prior: 1937 c 189 s 12; RRS s 6360-12. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Moving unsafe or noncomplying vehicle: RCW 46.37.010.
If a vehicle required to be inspected becomes damaged or deteriorated in such a manner that such vehicle has become unsafe for operation upon the public highways of this state, it is unlawful for the owner or operator thereof to cause such vehicle to be operated upon a public highway upon its return to service unless such owner or operator presents such vehicle for inspection of equipment within twenty-four hours after its return to service.
[ 1986 c 123 s 6; 1961 c 12 s 46.32.070. Prior: 1937 c 189 s 13; RRS s 6360-13. ]
(1) The Washington state patrol is responsible for enforcement of safety requirements for commercial motor vehicles including, but not limited to, safety audits and compliance reviews. Those motor carriers that have operations in this state are subject to the patrol's safety audits and compliance review programs. Compliance reviews may result in the initiation of an enforcement action, which may include monetary penalties. The utilities and transportation commission is responsible for adoption and enforcement of safety requirements for vehicles operated by entities holding authority under chapters 81.66, 81.68, 81.70, and 81.77 RCW, and by household goods carriers holding authority under chapter 81.80 RCW.
(2) Motor vehicles owned and operated by farmers in the transportation of their own farm, orchard, or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal, or supplies or commodities to be used on the farm, orchard, or dairy, must have a department of transportation number, as defined in RCW 46.16A.010, but are exempt from safety audits and compliance reviews.
(3) All records and documents required of motor carriers with operations in this state must be available for review and inspection during normal business hours. Duly authorized agents of the state patrol conducting safety audits and compliance reviews may enter the motor carrier's place of business, or any location where records or equipment are located, at reasonable times and without advanced notice. Motor carriers who do not permit duly authorized agents to enter their place of business, or any location where records or equipment are located, for safety audits and compliance reviews are subject to enforcement action, including a monetary penalty.
(4)(a) All motor carriers with a commercial motor vehicle, as defined in RCW 46.16A.010, that operate in this state must apply for a department of transportation number, as defined in RCW 46.16A.010, by January 1, 2008. All entities with authority under chapters 81.66, 81.68, 81.70, and 81.77 RCW, and all household goods carriers with authority under chapter 81.80 RCW, must apply for a department of transportation number by January 1, 2010.
(b) All motor carriers operating in this state who (i) have not applied under (a) of this subsection for a department of transportation number, as defined in RCW 46.16A.010, and (ii) have a commercial motor vehicle that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds) or more, must apply for a department of transportation number by January 1, 2011.
(c) The state patrol may deny an application if the applicant does not meet the requirements and standards under this chapter. The state patrol shall not issue a department of transportation number to an applicant who at the time of application has been placed out of service by the federal motor carrier safety administration. Commercial motor vehicles must be marked as prescribed by the state patrol. Those applicants with a current United States department of transportation number are exempt from applying for a department of transportation number.
(d) The state patrol may (i) place a motor carrier out of service or (ii) refuse to issue or recognize as valid a department of transportation number to an applicant who: (A) Formerly held a department of transportation number that was placed out of service for cause, and where cause has not been removed; (B) is a subterfuge for the real party in interest whose department of transportation number was placed out of service for cause, and where cause has not been removed; (C) as an individual licensee, or officer, director, owner, or managing employee of a nonindividual licensee, had a department of transportation number and was placed out of service for cause, and where cause has not been removed; or (D) has an unsatisfied debt to the state assessed under this chapter.
(e) Upon a finding by the chief of the state patrol or the chief's designee that a motor carrier is an imminent hazard or danger to the public health, safety, or welfare, the state patrol shall notify the department, and the department shall revoke the registrations for all commercial motor vehicles that are owned by the motor carrier subject to RCW 46.32.080. In determining whether a motor carrier is an imminent hazard or danger to the public health, safety, or welfare, the chief or the chief's designee shall consider safety factors.
[ 2011 c 171 s 77; 2009 c 46 s 1; 2007 c 419 s 10; 1995 c 272 s 1. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2007 c 419 s 10: "Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2007]." [ 2007 c 419 s 19.]
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
Transfer of powers, duties, and functions: "(1) All powers, duties, and functions of the utilities and transportation commission pertaining to safety inspections of commercial vehicles, including but not limited to terminal safety audits, except for those carriers subject to the economic regulation of the commission, are transferred to the Washington state patrol.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the Washington state patrol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on January 1, 1996, be transferred and credited to the Washington state patrol.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. These employees will only be transferred upon successful completion of the Washington state patrol background investigation.
(4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations remain in full force and shall be performed by the Washington state patrol.
(5) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission does not affect the validity of any act performed before January 1, 1996.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section alters an existing collective bargaining unit or the provisions of an existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law." [ 1995 c 272 s 4.]
Effective dates—1995 c 272: "Section 2 of this act becomes effective with motor vehicle registration fees due or to become due January 1, 1996. Sections 1 and 3 through 6 of this act take effect January 1, 1996." [ 1995 c 272 s 7.]
(1) The Washington state patrol, in consultation with the department of licensing, shall adopt rules consistent with this chapter to regulate vehicle safety requirements for motor carriers who own, control, manage, or operate a commercial motor vehicle within this state. Except as otherwise provided in this chapter, the rules adopted by the state patrol under this section must be as rigorous as federal regulations governing certain interstate motor carriers at 49 C.F.R. Parts 40 and 380 through 397, which cover the areas of commercial motor carrier driver training, controlled substance and alcohol use and testing, compliance with the federal driver's license requirements and penalties, vehicle equipment and safety standards, hazardous material practices, financial responsibility, driver qualifications, hours of service, vehicle inspection and corrective actions, and assessed penalties for noncompliance. The state patrol shall amend these rules periodically to maintain, to the extent permissible under this chapter, standards as rigorous as the federal regulations governing certain interstate motor carriers. The state patrol shall submit a report to the legislature by December 31st of each year that outlines new rules or rule changes and explains how the state rules compare to the federal regulations.
(2) Motor vehicles operated by entities with authority under chapters 81.66, 81.68, 81.70, and 81.77 RCW, and by household goods carriers operating under chapter 81.80 RCW, must comply with rules regulating vehicle safety adopted by the utilities and transportation commission.
[ 2009 c 46 s 2; 2007 c 419 s 14. ]
NOTES:
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
(1)(a) In addition to all other penalties provided by law, and except as provided otherwise in (a)(i), (ii), or (iii) of this subsection, a commercial motor vehicle that is subject to compliance reviews under this chapter and an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation.
(i) It is a violation of this chapter for a person operating a commercial motor vehicle to fail to comply with the requirements of 49 C.F.R. Pt. 382, controlled substances and alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out of service before the out of service defects have been satisfactorily repaired. For each violation the person is liable for a penalty of five hundred dollars.
(ii) The driver of a commercial motor vehicle who is convicted of violating an out-of-service order is liable for a penalty of at least two thousand five hundred dollars for a first violation, and not less than five thousand dollars for a second or subsequent violation.
(iii) An employer who allows the operation of a commercial motor vehicle when there is an out-of-service order is liable for a penalty of at least two thousand seven hundred fifty dollars but not more than twenty-five thousand dollars for each violation.
(iv) Each violation under this subsection (1)(a) is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.
(b) In addition to all other penalties provided by law, any motor carrier, company, or any officer or agent of a motor carrier or company operating a commercial motor vehicle subject to compliance reviews under this chapter who refuses entry or to make the required records, documents, and vehicles available to a duly authorized agent of the state patrol is liable for a penalty of at least five thousand dollars as well as an out-of-service order being placed on the department of transportation number, as defined in RCW 46.16A.010, and vehicle registration to operate. Each violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.
(c) A motor carrier operating a commercial motor vehicle after receiving a final unsatisfactory rating or being placed out of service is liable for a penalty of not more than eleven thousand dollars for each violation. Each violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.
(d) A high-risk carrier is liable for double the amount of the penalty of a prior violation if the high-risk carrier repeats the same violation during a follow-up compliance review. Each repeat violation is a separate and distinct offense, and in case of a repeat continuing violation every day's continuance is a separate and distinct violation.
(2) The Washington state patrol may place an out-of-service order on a department of transportation number, as defined in RCW 46.16A.010, for violations of this chapter or for nonpayment of any monetary penalties assessed by the state patrol or the utilities and transportation commission, as a result of compliance reviews, or for violations of cease and desist orders issued by the utilities and transportation commission. The state patrol shall notify the department of licensing when an out-of-service order has been placed on a motor carrier's department of transportation number. The state patrol shall notify the motor carrier when there has been an out-of-service order placed on the motor carrier's department of transportation number and the vehicle registrations have been revoked by sending a notice by first-class mail using the last known address for the registered or legal owner or owners, and recording the transmittal on an affidavit of first-class mail. Notices under this section fulfill the requirements of RCW 46.12.550. Motor carriers may not be eligible for a new department of transportation number, vehicle registration, or temporary permits to operate unless the violations that resulted in the out-of-service order have been corrected. The Washington state patrol or other law enforcement agency must confiscate and may recycle or destroy the license plates from a motor carrier who operates a commercial motor vehicle while the vehicle registration is revoked, suspended, or canceled. The confiscation of license plates under this subsection only applies to trucks, truck tractors, and tractors.
(3) Any penalty provided in this section is due and payable when the person incurring it receives a notice in writing from the state patrol describing the violation and advising the person that the penalty is due.
(a)(i) Any motor carrier who incurs a penalty as provided in this section, except for a high-risk carrier that incurs a penalty for a repeat violation during a follow-up compliance review, may, upon written application, request that the state patrol mitigate the penalty. An application for mitigation must be received by the state patrol within twenty days of the receipt of notice.
(ii) The state patrol may decline to consider any application for mitigation.
(b) Any motor carrier who incurs a penalty as provided in this section has a right to an administrative hearing under chapter 34.05 RCW to contest the violation or the penalty imposed, or both. In all such hearings, the procedure and rules of evidence are as specified in chapter 34.05 RCW except as otherwise provided in this chapter. Any request for an administrative hearing must be made in writing and must be received by the state patrol within twenty days after the later of (i) receipt of the notice imposing the penalty, or (ii) disposition of a request for mitigation, or the right to a hearing is waived.
(c) All penalties recovered under this section shall be paid into the state treasury and credited to the state patrol highway account of the motor vehicle fund.
[ 2012 c 70 s 1; 2011 c 227 s 5; 2010 c 161 s 1116; 2009 c 46 s 4; 2007 c 419 s 12; 2005 c 444 s 1; 1998 c 172 s 1; 1995 c 272 s 3. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
Effective dates—1995 c 272: See note following RCW 46.32.080.
A person or employer operating as a motor carrier shall comply with the requirements of the United States department of transportation federal motor carrier safety regulations as contained in Title 49 C.F.R. Part 382, controlled substances and alcohol use and testing. A person or employer who begins or conducts commercial motor vehicle operations without having a controlled substance and alcohol testing program that is in compliance with the requirements of Title 49 C.F.R. Part 382 is subject to a penalty, under the process set forth in RCW 46.32.100, of up to one thousand five hundred dollars and up to an additional five hundred dollars for each motor vehicle driver employed by the person or employer who is not in compliance with the motor vehicle driver testing requirements. A person or employer having actual knowledge that a driver has tested positive for controlled substances or alcohol who allows a positively tested person to continue to perform a safety-sensitive function is subject to a penalty, under the process set forth in RCW 46.32.100, of one thousand five hundred dollars.
[ 1999 c 351 s 5. ]
This chapter does not apply to vehicles exempted from registration by RCW 46.16A.170.
[ 2011 c 171 s 78; 2009 c 46 s 7. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
For purposes of 49 C.F.R. Sec. 395.2 (2018) and 49 C.F.R. Sec. 395.1 (2018), relating to the exemption for agricultural transporters, the planting and harvesting seasons are January 1st through December 31st of each year.
[ 2018 c 33 s 1. ]
(1) During a motor vehicle inspection, an official inspection facility, or licensed private inspection facility, shall check information made available by the national highway traffic safety administration to determine whether the motor vehicle being inspected is subject to an open safety recall. If the vehicle is subject to one or more open safety recalls, the official inspection facility or licensed private inspection facility, shall provide the owner of the motor vehicle, at the time of inspection, written notice of all open safety recalls applicable to the motor vehicle. The recall notice must include the following:
(a) A description of each open safety recall; and
(b) A statement that each open safety recall may be repaired by a motor vehicle dealer approved by the manufacturer of the motor vehicle at no cost to the owner of the motor vehicle, except as provided in 49 U.S.C. Sec. 30120.
(2) Nothing in this section alters the liability of any motor vehicle manufacturer or motor vehicle dealer approved by the manufacturer to repair an open safety recall.
(3)(a) The chief of the Washington state patrol and the chief of the Washington state patrol's designees, for the purposes of discharging their duties pursuant to chapter 440, Laws of 2023 are not liable for any act or omission related to the provision of an open safety recall notice and are immune from any related civil suit or action.
(b) For the purposes of discharging their duties pursuant to chapter 440, Laws of 2023, a private inspection facility or its owner and employees are not liable to any person for any act or omission related to the open safety recall notice provided pursuant to this section, except for cases of gross negligence.
(4) For the purposes of this section, "open safety recall" means a safety-related recall, for which notification by a manufacturer is required to be provided under 49 U.S.C. Secs. 30118 and 30119, that necessitates repairs or modifications to a motor vehicle by an authorized motor vehicle dealer. "Open safety recall" does not include: Recalls related to defects or failures to comply with requirements relating to labeling or notification in a motor vehicle's owner's manual; or recalls where the remedy is for the manufacturer to repurchase the motor vehicle or otherwise provide financial compensation to the owner of the motor vehicle.
[ 2023 c 440 s 2. ]
NOTES:
Effective date—2023 c 440: "This act takes effect July 1, 2024." [ 2023 c 440 s 4.]
Written notice to owner of motor vehicle from official motor vehicle inspection facility or licensed private inspection facility—Liability of motor vehicle manufacturer or approved motor vehicle dealer may not be altered—2023 c 440: "This act requires an official motor vehicle inspection facility or licensed private inspection facility to provide written notice to the owner of a motor vehicle being inspected for all open safety recalls applicable to the motor vehicle at the time the motor vehicle is inspected. The recall notice must include a description of each open safety recall and a statement that each open safety recall may be repaired by certain motor vehicle dealers at no cost to the owner, except in certain circumstances. This act requires the department of licensing to provide written notice to the owner of a motor vehicle, at the time a vehicle is registered or upon mailing a motor vehicle's registration renewal notice, of all open safety recalls applicable to the motor vehicle. The recall notice is to include a statement that each open safety recall may be repaired by certain motor vehicle dealers at no cost to the owner, except in certain circumstances.
Nothing in this act may alter the liability of any motor vehicle manufacturer or motor vehicle dealer approved by a manufacturer to repair an open safety recall." [ 2023 c 440 s 1.]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Owner" means:
(a) A person having all the incidents of ownership, including legal title, of a motor vehicle, whether or not the person lends, rents, or creates a security interest in the motor vehicle;
(b) A person entitled to the possession of a motor vehicle as the purchaser under a security agreement;
(c) A person entitled to possession of a motor vehicle as a lessee pursuant to a written lease agreement for a period of more than three months; or
(d) If a third party requests access to a recording device to investigate a collision, the owner of the motor vehicle at the time the collision occurred.
(2) "Recording device" means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within a motor vehicle. "Recording device" includes event data recorders, sensing and diagnostic modules, electronic control modules, automatic crash notification systems, geographic information systems, and any other device that records and preserves data that can be accessed related to that motor vehicle. "Recording device" does not include onboard diagnostic systems whose exclusive function is to capture fault codes used to diagnose or service the motor vehicle.
[ 2009 c 485 s 1. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2009 c 485: "Sections 1 through 4 and 6 of this act take effect July 1, 2010." [ 2009 c 485 s 8.]
(1) A manufacturer of a motor vehicle sold or leased in this state, that is equipped with one or more recording devices, shall disclose in the owner's manual that the motor vehicle is equipped with one or more recording devices and, if so, the type of data recorded and whether the recording device or devices have the ability to transmit information to a central communications system or other external device.
(2) If a recording device is used as part of a subscription service, the subscription service agreement must disclose the type of information that the device may record or transmit.
(3) A disclosure made in writing is deemed a disclosure in the owner's manual.
(4) If a recording device is to be installed in a vehicle aftermarket, the manufacturer or distributor of the device shall disclose in the product manual the type of information that the device may record and whether the recording device has the ability to transmit information to a central communications system or other external device.
(5) A disclosure made in writing is deemed a disclosure in the product manual.
[ 2009 c 485 s 2. ]
NOTES:
Effective date—2009 c 485: See note following RCW 46.35.010.
(1) Information recorded or transmitted by a recording device may not be retrieved, downloaded, scanned, read, or otherwise accessed by a person other than the owner of the motor vehicle in which the recording device is installed except:
(a) Upon a court order or pursuant to discovery. Any information recorded or transmitted by a recording device and obtained by a court order or pursuant to discovery is private and confidential and is not subject to public disclosure;
(b) With the consent of the owner, given for a specific instance of access, for any purpose;
(c) For improving motor vehicle safety, including medical research on the human body's reaction to motor vehicle collisions, if the identity of the motor vehicle or the owner or driver of the motor vehicle is not disclosed in connection with the retrieved information;
(d) For determining the need for or facilitating emergency medical response if a motor vehicle collision occurs, provided that the information retrieved is used solely for medical purposes; or
(e) For subscription services pursuant to an agreement in which disclosure required under RCW 46.35.020 has been made, provided that the information retrieved is used solely for the purposes of fulfilling the subscription service.
(2) For the purposes of subsection (1)(c) of this section:
(a) The disclosure of a motor vehicle's vehicle identification number with the last six digits deleted or redacted is not a disclosure of the identity of the owner or driver; and
(b) Retrieved information may only be disclosed to a data processor.
(3) Information that can be associated with an individual and that is recorded or transmitted by a recording device may not be sold to a third party unless the owner of the information explicitly grants permission for the sale.
(4) Any person who violates this section is guilty of a misdemeanor.
[ 2009 c 485 s 3. ]
NOTES:
Effective date—2009 c 485: See note following RCW 46.35.010.
A manufacturer of a motor vehicle sold or leased in this state that is equipped with a recording device shall ensure by licensing agreement or other means that a tool or tools are available that are capable of accessing and retrieving the information stored in a recording device. The tool or tools must be commercially available no later than ninety days after July 26, 2009.
[ 2009 c 485 s 5. ]
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying chapter 19.86 RCW.
[ 2009 c 485 s 4. ]
NOTES:
Effective date—2009 c 485: See note following RCW 46.35.010.
In addition to those powers and duties elsewhere granted, the chief of the Washington state patrol shall have the power and the duty to adopt, apply, and enforce such reasonable rules and regulations (1) relating to proper types of vehicles or combinations thereof for hauling passengers, commodities, freight, and supplies, (2) relating to vehicle equipment, and (3) relating to the enforcement of the provisions of this title with regard to vehicle equipment, as may be deemed necessary for the public welfare and safety in addition to but not inconsistent with the provisions of this title.
The chief of the Washington state patrol is authorized to adopt by regulation, federal standards relating to motor vehicles and vehicle equipment, issued pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, or any amendment to said act, notwithstanding any provision in Title 46 RCW inconsistent with such standards. Federal standards adopted pursuant to this section shall be applicable only to vehicles manufactured in a model year following the adoption of such standards.
[ 1987 c 330 s 706; 1985 c 165 s 1; 1982 c 106 s 1; 1967 ex.s. c 145 s 56; 1967 c 32 s 49; 1961 c 12 s 46.37.005. Prior: 1943 c 133 s 1; 1937 c 189 s 6; Rem. Supp. 1943 s 6360-6; 1927 c 309 s 14, part; RRS s 6362-14, part. Formerly RCW 46.36.010. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Towing operators, appointment of: RCW 46.55.115.
(1) It is a traffic infraction for any person to drive or move, or for a vehicle owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles that:
(a) Is in such unsafe condition as to endanger any person;
(b) Is not at all times equipped with such lamps and other equipment in proper working condition and adjustment as required by this chapter or by rules issued by the Washington state patrol;
(c) Contains any parts in violation of this chapter or rules issued by the Washington state patrol.
(2) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required under this chapter or rules issued by the Washington state patrol.
(3) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations.
(4) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
(5) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.
(6) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol.
(7) The provisions of this chapter with respect to equipment required on vehicles shall not apply to:
(a) Motorcycles or motor-driven cycles except as herein made applicable;
(b) Golf carts, as defined in RCW 46.04.1945, operating within a designated golf cart zone as described in RCW 46.08.175, except as provided in RCW 46.08.175(8).
(8) This chapter does not apply to off-road vehicles used on nonhighway roads or used on streets, roads, or highways as authorized under RCW 46.09.360.
(9) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.
(10) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW.
(11) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.
(12) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.
[ 2011 c 171 s 79; 2010 c 217 s 6. Prior: 2006 c 306 s 1; 2006 c 212 s 5; 2005 c 213 s 7; 1997 c 241 s 14; 1989 c 178 s 22; 1987 c 330 s 707; 1979 ex.s. c 136 s 69; 1977 ex.s. c 355 s 1; 1963 c 154 s 1; 1961 c 12 s 46.37.010; prior: 1955 c 269 s 1; prior: 1937 c 189 s 14, part; RRS s 6360-14, part; RCW 46.40.010, part; 1929 c 178 s 2; 1927 c 309 s 19; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part; 1915 c 142 s 21, part; RRS s 6362-19. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.300.
Effective dates—1989 c 178: See RCW 46.25.901.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1977 ex.s. c 355: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 355 s 57.]
Effective date—1963 c 154: "This act shall take effect on January 1, 1964." [ 1963 c 154 s 32.]
Moving defective vehicle: RCW 46.32.060.
Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead shall display lighted headlights, other lights, and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, and such stop lights, turn signals, and other signaling devices shall be lighted as prescribed for the use of such devices.
[ 1977 ex.s. c 355 s 2; 1974 ex.s. c 124 s 2; 1963 c 154 s 2; 1961 c 12 s 46.37.020. Prior: 1955 c 269 s 2; prior: 1937 c 189 s 14, part; RRS s 6360-14, part; RCW 46.40.010, part; 1929 c 178 s 2; 1927 c 309 s 19; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part; 1915 c 142 s 21, part; RRS s 6362-19. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Local twenty-four hour headlight policy: RCW 47.04.180.
Motorcycles and motor-driven cycles—When headlamps and tail lamps to be lighted: RCW 46.37.522.
(1) Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in RCW 46.37.020 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(2) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
(3) No additional lamp, reflective device, or other motor vehicle equipment shall be added which impairs the effectiveness of this standard.
[ 1977 ex.s. c 355 s 3; 1961 c 12 s 46.37.030. Prior: 1955 c 269 s 3; prior: 1937 c 189 s 14, part; RRS s 6360-14, part; RCW 46.40.010, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Every motor vehicle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.
(2) Every head lamp upon every motor vehicle shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in RCW 46.37.030(2).
[ 1977 ex.s. c 355 s 4; 1961 c 12 s 46.37.040. Prior: 1955 c 269 s 4; prior: 1937 c 189 s 15; RRS s 6360-15; RCW 46.40.020; 1933 c 156 s 1, part; 1929 c 178 s 3, part; 1927 c 309 ss 20, part, 24; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part; 1915 c 142 s 21, part; RRS ss 6362-20, part, 6362-24. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) After January 1, 1964, every motor vehicle, trailer, cargo extension, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in RCW 46.37.020, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, shall have at least one tail lamp. On a combination of vehicles only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.
(2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than fifteen inches.
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
[ 2016 c 22 s 4; 1977 ex.s. c 355 s 5; 1963 c 154 s 3; 1961 c 12 s 46.37.050. Prior: 1955 c 269 s 5; prior: 1947 c 267 s 2, part; 1937 c 189 s 16, part; Rem. Supp. 1947 s 6360-16, part; RCW 46.40.030, part; 1929 c 178 s 7; 1927 c 309 s 27; RRS s 6362-27; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part; 1915 c 142 s 21, part. ]
NOTES:
Intent—Effective date—2016 c 22: See notes following RCW 46.04.094.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Every motor vehicle, trailer, semitrailer, and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section: PROVIDED, HOWEVER, That vehicles of the types mentioned in RCW 46.37.090 shall be equipped with reflectors meeting the requirements of RCW 46.37.110 and 46.37.120.
(2) Every such reflector shall be mounted on the vehicle at a height not less than fifteen inches nor more than seventy-two inches measured as set forth in RCW 46.37.030(2), and shall be of such size and characteristics and so mounted as to be visible at night from all distances within six hundred feet to one hundred feet from such vehicle when directly in front of lawful upper beams of head lamps, except that reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be visible at night from all distances within three hundred and fifty feet to one hundred feet when directly in front of lawful upper beams of head lamps.
[ 1977 ex.s. c 355 s 6; 1963 c 154 s 4; 1961 c 12 s 46.37.060. Prior: 1955 c 269 s 6; prior: 1947 c 267 s 2, part; 1937 c 189 s 16, part; Rem. Supp. 1947 s 6360-16, part; RCW 46.40.030, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop lamps meeting the requirements of RCW 46.37.200, except that passenger cars manufactured or assembled prior to January 1, 1964, shall be equipped with at least one such stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in RCW 46.37.200(1).
(2) After January 1, 1960, every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of RCW 46.37.200(2), except that passenger cars, trailers, semitrailers, pole trailers, and trucks less than eighty inches in width, manufactured or assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps.
(3) Every passenger car manufactured or assembled after September 1, 1985; and every passenger truck, passenger van, or passenger sports [sport] utility vehicle manufactured or assembled after September 1, 1993, must be equipped with a rear center high-mounted stop lamp meeting the requirements of RCW 46.37.200(3).
[ 2006 c 306 s 2; 1977 ex.s. c 355 s 7; 1963 c 154 s 5; 1961 c 12 s 46.37.070. Prior: 1959 c 319 s 32; 1955 c 269 s 7; prior: 1953 c 248 s 2, part; 1947 c 267 s 4, part; 1937 c 189 s 23, part; Rem. Supp. 1947 s 6360-23, part; RCW 46.40.090, part; 1929 c 178 s 1, part; 1927 c 309 s 15, part; RRS s 6362-15, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Those sections of this chapter which follow immediately, including RCW 46.37.090, 46.37.100, 46.37.110, 46.37.120, and 46.37.130, relating to clearance lamps, marker lamps, and reflectors, shall apply as stated in said sections to vehicles of the type therein enumerated, namely buses, trucks, truck tractors, and trailers, semitrailers, and pole trailers, respectively, when operated upon any highway, and said vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in RCW 46.37.020. For purposes of the sections enumerated above, a camper, when mounted upon a motor vehicle, shall be considered part of the permanent structure of that motor vehicle.
[ 1977 ex.s. c 355 s 8; 1963 c 154 s 6; 1961 c 12 s 46.37.080. Prior: 1955 c 269 s 8; prior: 1947 c 267 s 3, part; 1937 c 189 s 17, part; Rem. Supp. 1947 s 6360-17, part; RCW 46.40.040, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
In addition to other equipment required in RCW 46.37.040, 46.37.050, 46.37.060, and 46.37.070, the following vehicles shall be equipped as herein stated under the conditions stated in RCW 46.37.080, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to the requirements of RCW 46.37.120(1).
(1) Buses, trucks, motor homes, and motor vehicles with mounted campers eighty inches or more in over-all width:
(a) On the front, two clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [subsection (7)] of this section;
(b) On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [subsection (7)] of this section;
(c) On each side, two side marker lamps, one at or near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front and one at or near the rear.
(2) Trailers and semitrailers eighty inches or more in over-all width:
(a) On the front, two clearance lamps, one at each side;
(b) On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [subsection (7)] of this section;
(c) On each side, two side marker lamps, one at or near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front and one at or near the rear: PROVIDED, That a mobile home as defined by RCW 46.04.302 need not be equipped with two side marker lamps or two side reflectors as required by subsection (2) (c) and (d) of this section [(c) and (d) of this subsection] while operated under the terms of a special permit authorized by RCW 46.44.090.
(3) Truck tractors:
On the front, two cab clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subdivision (6) [subsection (7)] of this section.
(4) Trailers, semitrailers, and pole trailers thirty feet or more in over-all length:
On each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle: PROVIDED, That a mobile home as defined by RCW 46.04.302 need not be equipped with such side marker lamp or reflector while operated under the terms of a special permit authorized by RCW 46.44.090.
(5) Pole trailers:
(a) On each side, one amber side marker lamp at or near the front of the load;
(b) One amber reflector at or near the front of the load;
(c) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer.
(6) Boat trailers eighty inches or more in overall width:
(a) One on each side, at or near the midpoint, one clearance lamp performing the function of both a front and rear clearance lamp;
(b) On the rear, after June 1, 1978, three identification lamps meeting the specifications of subsection (7) of this section;
(c) One on each side, two side marker lamps, one at or near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front and one at or near the rear.
(7) Whenever required or permitted by this chapter, identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than twelve inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline: PROVIDED, HOWEVER, That where the cab of a vehicle is not more than forty-two inches wide at the front roofline, a single identification lamp at the center of the cab shall be deemed to comply with the requirements for front identification lamps.
[ 1977 ex.s. c 355 s 9; 1963 c 154 s 7; 1961 c 12 s 46.37.090. Prior: 1955 c 269 s 9; prior: 1947 c 267 s 3, part; 1937 c 189 s 17, part; Rem. Supp. 1947 s 6360-17, part; RCW 46.40.040, part; 1933 c 156 ss 5, part, 6, part; 1929 c 178 ss 7, part, 8, part; 1927 c 309 ss 27, part, 28, part; RRS ss 6362-27, part, 6362-28, part; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.
(2) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop lamp or other signal device, which may be red, amber, or yellow, and except that on any vehicle forty or more years old, or on any motorcycle regardless of age, the taillight may also contain a blue or purple insert of not more than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber. However, for commercial motor vehicles defined in RCW 46.32.005, stop lamps must be red and other signal devices must be red or amber.
[ 2019 c 321 s 1; 2002 c 196 s 1; 1992 c 46 s 1; 1961 c 12 s 46.37.100. Prior: 1955 c 269 s 10; prior: 1947 c 267 s 3, part; 1937 c 189 s 17, part; Rem. Supp. 1947 s 6360-17, part; RCW 46.40.040, part; 1933 c 156 ss 5, part, 6, part; 1929 c 178 ss 7, part, 8, part; 1927 c 309 ss 27, part, 28, part; RRS ss 6362-27, part, 6362-28, part; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part; 1915 c 142 s 21, part. ]
(1) Reflectors when required by RCW 46.37.090 shall be mounted at a height not less than twenty-four inches and not higher than sixty inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.
The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.
(2) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate the extreme height and width of the vehicle. When rear identification lamps are required and are mounted as high as is practicable, rear clearance lamps may be mounted at optional height, and when the mounting of front clearance lamps results in such lamps failing to indicate the extreme width of the trailer, such lamps may be mounted at optional height but must indicate, as near as practicable, the extreme width of the trailer. Clearance lamps on truck tractors shall be located so as to indicate the extreme width of the truck tractor cab. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both: PROVIDED, That no rear clearance lamp may be combined in any shell or housing with any tail lamp or identification lamp.
[ 1977 ex.s. c 355 s 10; 1961 c 12 s 46.37.110. Prior: 1955 c 269 s 11; prior: 1947 c 267 s 3, part; 1937 c 189 s 17, part; Rem. Supp. 1947 s 6360-17, part; RCW 46.40.040, part; 1933 c 156 ss 5, part, 6, part; 1929 c 178 ss 7, part, 8, part; 1927 c 309 ss 27, part, 28, part; RRS ss 6362-27, part, 6362-28, part; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Every reflector upon any vehicle referred to in RCW 46.37.090 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful lower beams of head lamps, except that the visibility for reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be measured in front of the lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the front and rear, respectively, of the vehicle.
(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the side of the vehicle on which mounted.
[ 1977 ex.s. c 355 s 11; 1963 c 154 s 8; 1961 c 12 s 46.37.120. Prior: 1955 c 269 s 12; prior: 1947 c 267 s 3, part; 1937 c 189 s 17, part; Rem. Supp. 1947 s 6360-17, part; RCW 46.40.040, part; 1933 c 156 ss 5, part, 6, part; 1929 c 178 ss 7, part, 8, part; 1927 c 309 ss 27, part, 28, part; RRS ss 6362-27, part, 6362-28, part; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1969 ex.s. c 281: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and except for sections 32 and 54 of this 1969 amendatory act shall take effect immediately. Sections 32 and 54 of this 1969 amendatory act shall take effect January 1, 1970." [ 1969 ex.s. c 281 s 63.]
Effective date—1963 c 154: See note following RCW 46.37.010.
Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
[ 1961 c 12 s 46.37.130. Prior: 1955 c 269 s 13. ]
(1) On any vehicle having a load that extends more than four inches beyond its sides or more than four feet beyond its rear, there must be displayed red or orange fluorescent warning flags, not less than eighteen inches square, marking the extremities of such loads.
(2) Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there must be displayed at the extreme rear end of the load at the times specified in RCW 46.37.020:
(a) Two red lamps, visible from a distance of at least five hundred feet to the rear;
(b) Two red reflectors, visible at night from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps, and located so as to indicate maximum width; and
(c) A red lamp on each side, visible from a distance of at least five hundred feet to the side, and located so as to indicate maximum overhang.
[ 2014 c 154 s 1; 1977 ex.s. c 355 s 12; 1963 c 154 s 9; 1961 c 12 s 46.37.140. Prior: 1955 c 269 s 14; prior: 1937 c 189 s 18; RRS s 6360-18; RCW 46.40.050; 1929 c 178 s 11, part; 1927 c 309 s 32, part, RRS s 6362-32, part; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Every vehicle shall be equipped with one or more lamps, which, when lighted, shall display a white or amber light visible from a distance of one thousand feet to the front of the vehicle, and a red light visible from a distance of one thousand feet to the rear of the vehicle. The location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.
(2) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of one thousand feet upon such street or highway, no lights need be displayed upon such parked vehicle.
(3) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, outside an incorporated city or town, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (1) of this section.
(4) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
[ 1977 ex.s. c 355 s 13; 1963 c 154 s 10; 1961 c 12 s 46.37.150. Prior: 1955 c 269 s 15; prior: 1937 c 189 s 19; RRS s 6360-19; RCW 46.40.060; 1933 c 156 s 8; 1929 c 178 s 10; 1927 c 309 s 31; RRS s 6362-31. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall be equipped with vehicular hazard warning lights of the type described in RCW 46.37.215 visible from a distance of not less than one thousand feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway.
(2) Every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall at all times, and every other motor vehicle shall at times mentioned in RCW 46.37.020, be equipped with lamps and reflectors as follows:
(a) At least two headlamps meeting the requirements of RCW 46.37.220, 46.37.240, or 46.37.260;
(b) At least one red lamp visible when lighted from a distance of not less than one thousand feet to the rear mounted as far to the left of center of vehicle as practicable;
(c) At least two red reflectors visible from all distances within six hundred to one hundred feet to the rear when directly in front of lawful lower beams of headlamps.
(3) Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall at all times mentioned in RCW 46.37.020 be equipped with lamps and reflectors as follows:
(a) The farm tractor element of every such combination shall be equipped as required in subsections (1) and (2) of this section;
(b) The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two red reflectors visible to the rear from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps. One reflector shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the towed unit;
(c) If the towed unit or its load obscures either of the vehicle hazard warning lights on the tractor, the towed unit shall be equipped with vehicle hazard warning lights described in subsection (1) of this section.
(4) The two red lamps and the two red reflectors required in the foregoing subsections of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them: PROVIDED, That if all other requirements are met, reflective tape or paint may be used in lieu of reflectors required by subsection (3) of this section.
(5) After January 1, 1970, every farm tractor and every self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of twenty-five miles per hour shall at all times be equipped with a slow moving vehicle emblem mounted on the rear except as provided in subsection (6) of this section.
(6) After January 1, 1970, every combination of farm tractor and towed farm equipment or towed implement of husbandry normally operating at speeds not in excess of twenty-five miles per hour shall at all times be equipped with a slow moving vehicle emblem as follows:
(a) Where the towed unit is sufficiently large to obscure the slow moving vehicle emblem on the farm tractor, the towed unit shall be equipped with a slow moving vehicle emblem. In such cases, the towing vehicle need not display the emblem;
(b) Where the slow moving vehicle emblem on the farm tractor unit is not obscured by the towed unit, then either or both may be equipped with the required emblem but it shall be sufficient if either has it.
(7) The emblem required by subsections (5) and (6) of this section shall comply with current standards and specifications as promulgated by the Washington state patrol.
[ 1987 c 330 s 708; 1977 ex.s. c 355 s 14; 1969 ex.s. c 281 s 22; 1963 c 154 s 11; 1961 c 12 s 46.37.160. Prior: 1955 c 269 s 16. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Every vehicle, including animal-drawn vehicles and vehicles referred to in *RCW 46.37.010(3), not specifically required by the provisions of RCW 46.37.020 through 46.37.330 to be equipped with lamps, or other lighting devices, shall at all times specified in RCW 46.37.020 be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front of said vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of said vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two red reflectors visible from all distances of six hundred to one hundred feet to the rear when illuminated by the lawful lower beams of head lamps.
(2) After June 1, 1978, every animal-drawn vehicle shall at all times be equipped with a slow-moving vehicle emblem complying with RCW 46.37.160(7).
[ 1977 ex.s. c 355 s 15; 1963 c 154 s 12; 1961 c 12 s 46.37.170. Prior: 1955 c 269 s 17; prior: 1937 c 189 s 21; RRS s 6360-21; RCW 46.40.080; 1927 c 309 s 34; 1921 c 96 s 22, part; 1917 c 40 s 1; RRS s 6362-34. ]
NOTES:
*Reviser's note: RCW 46.37.010 was amended by 2006 c 306 s 1, changing subsection (3) to subsection (4).
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Spot lamps. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use.
(2) Fog lamps. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height of not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in RCW 46.37.220.
(3) Auxiliary passing lamps. Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of RCW 46.37.220 shall apply to any combinations of head lamps and auxiliary passing lamps.
(4) Auxiliary driving lamps. Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of RCW 46.37.220 shall apply to any combination of head lamps and auxiliary driving lamps.
[ 1963 c 154 s 13; 1961 c 12 s 46.37.180. Prior: 1955 c 269 s 18; prior: 1949 c 157 s 1; Rem. Supp. 1949 s 6360-22a; RCW 46.40.110, 46.40.120. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
All fire department vehicles in service shall be identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of 500 feet under normal atmospheric conditions. Such red flashing lights shall be well separated from the headlights so that they will not black out when headlights are on. Such red flashing lights shall be in operation at all times when such vehicle is on emergency status. Fire department vehicles may also operate rear-facing blue lights. The combination of red and blue lights shall only be used at the scene of the emergency.
[ 2022 c 279 s 1; 1961 c 12 s 46.37.184. Prior: 1953 c 161 s 1. Formerly RCW 46.40.220. ]
Firefighters, when approved by the chief of their respective service, shall be authorized to use a green light on the front of their private cars when on emergency duty only. Such green light shall be visible for a distance of two hundred feet under normal atmospheric conditions and shall be of a type and mounting approved by the Washington state patrol. The use of the green light shall only be for the purpose of identification and the operator of a vehicle so equipped shall not be entitled to any of the privileges provided in RCW 46.61.035 for the operators of authorized emergency vehicles.
[ 2007 c 218 s 73; 1987 c 330 s 709; 1971 ex.s. c 92 s 3; 1961 c 12 s 46.37.185. Prior: 1953 c 161 s 2. Formerly RCW 46.40.230. ]
NOTES:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) No private vehicle, bearing a sign or plate indicating a fire department connection, shall be driven or operated on any public highway, except when the owner thereof is a bona fide member of a fire department.
(2) Any sign or plate indicating fire department connection on a private car of any member of a fire department shall include the name of the municipality or fire department organization to which the owner belongs.
[ 1961 c 12 s 46.37.186. Prior: 1953 c 161 s 3. Formerly RCW 46.40.240. ]
Any individual displaying a green light as authorized in RCW 46.37.185, or a sign or plate as authorized in RCW 46.37.186, shall also carry attached to a convenient location on the private vehicle to which the green light or sign or plate is attached, an identification card showing the name of the owner of said vehicle, the organization to which he or she belongs and bearing the signature of the chief of the service involved.
[ 1971 ex.s. c 92 s 2; 1961 c 12 s 46.37.187. Prior: 1953 c 161 s 4. Formerly RCW 46.40.250. ]
Every violation of RCW 46.37.184, 46.37.185, 46.37.186, or 46.37.187 is a traffic infraction.
[ 1979 ex.s. c 136 s 70; 1961 c 12 s 46.37.188. Prior: 1953 c 161 s 5. Formerly RCW 46.40.260. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) Every authorized emergency vehicle and organ transport vehicle shall, in addition to any other equipment and distinctive marking required by this chapter, be equipped with at least one lamp capable of displaying a red light visible from at least 500 feet in normal sunlight and a siren capable of giving an audible signal.
(2) Every school bus and private carrier bus shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with a "stop" signal upon a background not less than 14 by 18 inches displaying the word "stop" in letters of distinctly contrasting colors not less than five and nine-tenths inches high, and shall further be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level and these lights shall have sufficient intensity to be visible at 500 feet in normal sunlight.
(3) Vehicles operated by public agencies whose law enforcement duties include the authority to stop and detain motor vehicles on the public highways of the state may be equipped with a siren and lights of a color and type designated by the state patrol for that purpose. The state patrol may prohibit the use of these sirens and lights on vehicles other than the vehicles described in this subsection.
(4) The lights described in this section shall not be mounted nor used on any vehicle other than a school bus, a private carrier bus, an authorized emergency or law enforcement vehicle, or an organ transport vehicle.
(5) The use of the signal equipment described in this section and RCW 46.37.670, except the signal preemption devices used by public transit vehicles and department of transportation, city, or county maintenance vehicles that are not used in conjunction with emergency equipment, shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in RCW 46.61.210, 46.61.370, and 46.61.350.
[ 2023 c 290 s 3; 2020 c 95 s 1; 2005 c 183 s 8; 1993 c 401 s 2; 1987 c 330 s 710; 1985 c 331 s 1; 1982 c 101 s 1; 1971 ex.s. c 92 s 1; 1970 ex.s. c 100 s 5; 1965 ex.s. c 155 s 53; 1963 c 154 s 14; 1961 c 12 s 46.37.190. Prior: 1957 c 66 s 1; 1955 c 269 s 19. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
The state patrol shall adopt rules to implement RCW 46.37.190.
[ 1993 c 401 s 3. ]
Every school bus and private carrier bus, in addition to any other equipment or distinctive markings required by this chapter, shall bear upon the front and rear thereof, above the windows thereof, plainly visible signs containing only the words "school bus" on a school bus and only the words "private carrier bus" on a private carrier bus in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the requirements of RCW 46.37.190. School districts may affix signs designed according to RCW 46.61.380 informing motorists of the monetary penalty for failure to stop for a school bus when the visual signals are activated.
However, a private carrier bus that regularly transports children to and from a private school or in connection with school activities may display the words "school bus" in a manner provided in this section and need not comply with the requirements set forth in the most recent edition of "Specifications for School Buses" published by the superintendent of public instruction.
[ 1997 c 80 s 3; 1995 c 141 s 2; 1990 c 241 s 10. ]
NOTES:
School bus markings: RCW 46.61.380.
The state patrol may make rules and regulations relating to authorized emergency vehicles and shall test and approve sirens and emergency vehicle lamps to be used on such vehicles. The equipment and standards review unit shall require a record check of all applicants and drivers for an authorized emergency vehicle permit through the Washington state patrol criminal identification section pursuant to RCW 10.97.050 and through the federal bureau of investigation before issuing an authorized emergency vehicle permit. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. When necessary, applicants and drivers may be employed on a conditional basis pending completion of the investigation. Pursuant to RCW 43.43.742, the applicant, driver, or employer shall pay costs associated with the record check.
[ 2006 c 27 s 1; 1987 c 330 s 711; 1961 c 12 s 46.37.194. Prior: 1957 c 66 s 3. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) Except as provided in subsection (2) of this section, a public agency, business, entity, or person shall not sell or give emergency vehicle lighting equipment or other equipment to a person who may not lawfully operate the lighting equipment or other equipment on the public streets and highways. Prior to selling or giving an emergency vehicle to a person or entity that is not a public law enforcement or emergency agency within or outside the state, public law enforcement or emergency agency in another country, or private ambulance business within or outside the state, the seller or donor must remove all emergency lighting as defined in rules by the Washington state patrol, radios, and any other emergency equipment from the vehicle, except for reflective stripes and paint on fire trucks, that was not originally installed by the original vehicle manufacturer and that visibly identifies the vehicle as an emergency vehicle from the exterior, including spotlights and confinement or rear seat safety cages. If the equipment is not retained or transferred to another public law enforcement or emergency agency within or outside the state, public law enforcement or emergency agency in another country, or private ambulance business within or outside the state, the equipment must be dismantled with the individual parts being recycled or destroyed prior to being disposed of. The agency must also remove all decals, state and local designated law enforcement colors, and stripes that were not installed by the original vehicle manufacturer.
(2) The sale or donation to a broker specializing in the resale of emergency vehicles, or a charitable organization, intending to deliver the vehicle or equipment to a public law enforcement or emergency agency within or outside the state, public law enforcement or emergency agency in another country, or private ambulance business within or outside the state, is allowed with the emergency equipment still installed and intact. If the broker or charitable organization sells or donates the emergency vehicle to a person or entity that is not a public law enforcement or emergency agency, or private ambulance business, the broker or charitable organization must remove the equipment and designations and is accountable and responsible for the removal of the equipment and designations not installed on the vehicle by the original vehicle manufacturer. Equipment not sold or donated to a public law enforcement or emergency agency, or a private ambulance business, must be removed and transferred, destroyed, or recycled in accordance with subsection (1) of this section.
[ 2010 c 117 s 2; 1990 c 94 s 2. ]
NOTES:
Intent—2010 c 117: "It is the intent of the legislature to protect the public to ensure that only federal, state, and local law enforcement and emergency personnel, public or private, or other entities authorized by law to use emergency equipment have access to emergency equipment and vehicles." [ 2010 c 117 s 1.]
Legislative finding—1990 c 94: "The legislature declares that public agencies should not engage in activity that leads or abets a person to engage in conduct that is not lawful. The legislature finds that some public agencies sell emergency vehicle lighting equipment at public auctions to persons who may not lawfully use the equipment. The legislature further finds that this practice misleads well-intentioned citizens and also benefits malevolent individuals." [ 1990 c 94 s 1.]
All emergency tow trucks shall be identified by an intermittent or revolving red light capable of 360 degree visibility at a distance of 500 feet under normal atmospheric conditions. The emergency tow trucks may also operate rear facing blue lights for use only at the scene of an emergency or accident. The red lights may be used when the tow truck is reentering the roadway from the scene of an emergency or accident for a reasonable distance to reach operating speed from the scene, and the combination of red and blue lights may be used only at the scene of an emergency or accident. It is unlawful to use the combination of lights when traveling to or from the scene of an accident or for any other purpose.
[ 2023 c 33 s 2; 1977 ex.s. c 355 s 16. ]
NOTES:
Short title—2023 c 33: "This act may be known and cited as the Arthur Anderson and Raymond Mitchell tow operators safety act." [ 2023 c 33 s 1.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Any vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet and on any vehicle manufactured or assembled after January 1, 1964, three hundred feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake, and which may but need not be incorporated with one or more other rear lamps. However, for commercial motor vehicles defined in RCW 46.32.005, stop lamps must be red.
(2) Any vehicle may be equipped and when required under RCW 46.37.070(2) shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit amber light: PROVIDED, That on any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may emit white or amber light, or any shade of light between white and amber. The lamp showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signal lamps shall be visible from a distance of not less than five hundred feet to the front and rear in normal sunlight. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle.
(3) Any vehicle may be equipped and when required under this chapter shall be equipped with a center high-mounted stop lamp mounted on the center line of the rear of the vehicle. These stop lamps shall display a red light visible from a distance of not less than three hundred feet to the rear in normal sunlight, and shall be actuated upon application of a service brake, and may not be incorporated with any other rear lamps.
[ 2019 c 321 s 2; 2006 c 306 s 3; 1977 ex.s. c 355 s 17; 1963 c 154 s 15; 1961 c 12 s 46.37.200. Prior: 1955 c 269 s 20; prior: 1953 c 248 s 2, part; 1947 c 267 s 4, part; 1937 c 189 s 23, part; Rem. Supp. 1947 s 6360-23, part; RCW 46.40.090, part; 1929 c 178 s 1, part; 1927 c 309 s 15, part; RRS s 6362-15. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.
(2) Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
(3) Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps, but any such backup lamp or lamps shall not be lighted when the motor vehicle is in forward motion.
(4) Any vehicle may be equipped with one or more side marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular hazard warning signals. Side marker lamps located toward the front of a vehicle shall be amber, and side marker lamps located toward the rear shall be red.
(5) Any vehicle eighty inches or more in over-all width, if not otherwise required by RCW 46.37.090, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in RCW 46.37.090(7).
(6)(a) Every motor vehicle, trailer, semitrailer, truck tractor, and pole trailer used in the state of Washington may be equipped with an auxiliary lighting system consisting of:
(i) One green light to be activated when the accelerator of the motor vehicle is depressed;
(ii) Not more than two amber lights to be activated when the motor vehicle is moving forward, or standing and idling, but is not under the power of the engine.
(b) Such auxiliary system shall not interfere with the operation of vehicle stop lamps or turn signals, as required by RCW 46.37.070. Such system, however, may operate in conjunction with such stop lamps or turn signals.
(c) Only one color of the system may be illuminated at any one time, and at all times either the green light, or amber light or lights shall be illuminated when the stop lamps of the vehicle are not illuminated.
(d) The green light, and the amber light or lights, when illuminated shall be plainly visible at a distance of one thousand feet to the rear.
(e) Only one such system may be mounted on a motor vehicle, trailer, semitrailer, truck tractor, or pole trailer; and such system shall be rear mounted in a horizontal fashion, at a height of not more than seventy-two inches, nor less than twenty inches, as provided by RCW 46.37.050.
(f) On a combination of vehicles, only the lights of the rearmost vehicle need actually be seen and distinguished as provided in subparagraph (d) of this subsection.
(g) Each manufacturer's model of such a system as described in this subsection shall be approved by the state patrol as provided for in RCW 46.37.005 and 46.37.320, before it may be sold or offered for sale in the state of Washington.
[ 1987 c 330 s 712; 1977 ex.s. c 355 s 18; 1975 1st ex.s. c 242 s 1; 1963 c 154 s 16; 1961 c 12 s 46.37.210. Prior: 1955 c 269 s 21; prior: 1937 c 189 s 24; RRS s 6360-24; RCW 46.40.100. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) Any vehicle may be equipped with lamps for the purpose of warning other operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing.
(2) After June 1, 1978, every motor home, bus, truck, truck tractor, trailer, semitrailer, or pole trailer eighty inches or more in overall width or thirty feet or more in overall length shall be equipped with lamps meeting the requirements of this section.
(3) Vehicular hazard warning signal lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing amber light: PROVIDED, That on any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet in normal sunlight.
[ 1977 ex.s. c 355 s 19. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lamps may be so arranged that such selection can be made automatically subject to the following limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of four hundred fifty feet ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of one hundred fifty feet ahead; and on a straight level road under any conditions of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle registered in this state after January 1, 1948, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
[ 1977 ex.s. c 355 s 20; 1961 c 12 s 46.37.220. Prior: 1955 c 269 s 22; prior: 1947 c 267 s 5, part; Rem. Supp. 1947 s 6360-25a, part; RCW 46.40.140, part; 1933 c 156 s 3, part; 1929 c 178 s 5, part; 1927 c 309 s 22, part; RRS s 6362-22, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in RCW 46.37.020, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(2) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in RCW 46.37.220(2) shall be deemed to avoid glare at all times, regardless of road contour and loading.
(3) Whenever the driver of a vehicle approaches another vehicle from the rear within three hundred feet such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in RCW 46.37.220(1).
[ 1963 c 154 s 17; 1961 c 12 s 46.37.230. Prior: 1955 c 269 s 23; prior: 1947 c 267 s 5, part; Rem. Supp. 1947 s 6360-25a, part; RCW 46.40.140, part; 1933 c 156 s 3, part; 1929 c 178 s 5, part; 1927 c 309 s 22, part; RRS s 6362-22, part. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
Head lamp systems which provide only a single distribution of light shall be permitted on all farm tractors regardless of date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead;
(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet.
[ 1977 ex.s. c 355 s 21; 1963 c 154 s 18; 1961 c 12 s 46.37.240. Prior: 1955 c 269 s 24; prior: 1947 c 267 s 5, part; Rem. Supp. 1947 s 6360-25a, part; RCW 46.40.140, part; 1933 c 156 s 3, part; 1929 c 178 s 5, part; 1927 c 309 s 22, part; RRS s 6362-22, part. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Any motor vehicle may be operated under the conditions specified in RCW 46.37.020 when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects one hundred feet ahead in lieu of lamps required in RCW 46.37.220 or 46.37.240: PROVIDED, HOWEVER, That at no time shall it be operated at a speed in excess of twenty miles per hour.
[ 1977 ex.s. c 355 s 22; 1961 c 12 s 46.37.260. Prior: 1955 c 269 s 26; prior: 1937 c 189 s 27; RRS s 6360-27; RCW 46.40.150. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) At all times specified in RCW 46.37.020, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
(2) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of two of any such additional lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
[ 1977 ex.s. c 355 s 23; 1961 c 12 s 46.37.270. Prior: 1955 c 269 s 27; prior: 1937 c 189 s 28; RRS s 6360-28; RCW 46.40.160; 1929 c 178 s 2; 1927 c 309 s 19; 1921 c 96 s 22, part; 1919 c 59 s 10, part; 1917 c 155 s 15, part; 1915 c 142 s 21, part; RRS s 6362-19. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) During the times specified in RCW 46.37.020, any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, warning lamps authorized by the state patrol and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
(2) Except as required in RCW 46.37.190 no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof.
(3) Flashing lights are prohibited except as required in RCW 46.37.190, 46.37.200, 46.37.210, 46.37.215, and 46.37.300, warning lamps authorized by the state patrol, and light-emitting diode flashing taillights on bicycles.
[ 1998 c 165 s 16; 1987 c 330 s 713; 1977 ex.s. c 355 s 24; 1963 c 154 s 19; 1961 c 12 s 46.37.280. Prior: 1955 c 269 s 28; prior: 1949 c 157 s 2; 1947 c 267 s 6; 1947 c 200 s 2; 1937 c 189 s 29; Rem. Supp. 1949 s 6360-29; RCW 46.40.170; 1927 c 309 s 33; RRS s 6362-33. ]
NOTES:
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
The chief of the Washington state patrol is authorized to adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses and private carrier buses consistent with the provisions of this chapter, but supplemental thereto. Such standards and specifications shall correlate with and, so far as possible, conform to the specifications then current as approved by the society of automotive engineers.
[ 1987 c 330 s 714; 1977 c 45 s 1; 1970 ex.s. c 100 s 6; 1961 c 12 s 46.37.290. Prior: 1955 c 269 s 29; prior: 1937 c 189 s 25, part; RRS s 6360-25, part; RCW 46.40.130, part; 1929 c 178 s 3, part; 1927 c 309 s 20, part; RRS s 6362-20, part. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
School buses—Crossing arms: RCW 46.37.620.
(1) The state patrol shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow-removal and other highway maintenance and service equipment when operated on the highways of this state in lieu of the lamps otherwise required on motor vehicles by this chapter. Such standards and specifications may permit the use of flashing lights for purposes of identification on snow-removal and other highway maintenance and service equipment when in service upon the highways. The standards and specifications for lamps referred to in this section shall correlate with and, so far as possible, conform with those approved by the American association of state highway officials.
(2) It shall be unlawful to operate any snow-removal and other highway maintenance and service equipment on any highway unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted as provided in this section.
[ 1987 c 330 s 715; 1963 c 154 s 20; 1961 c 12 s 46.37.300. Prior: 1955 c 269 s 30. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) No person may have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any such vehicle any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required under this chapter, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the state patrol and conforming to rules adopted by it.
(2) No person may have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer any lamp or device mentioned in this section conforming to rules adopted by the state patrol unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed.
(3) No person may use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless the lamps are mounted, adjusted, and aimed in accordance with instructions of the state patrol.
[ 1987 c 330 s 716; 1986 c 113 s 1; 1961 c 12 s 46.37.310. Prior: 1955 c 269 s 31; prior: 1937 c 189 s 30; RRS s 6360-30; RCW 46.40.180; 1929 c 178 s 12; 1927 c 309 s 35; RRS s 6362-35. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) The chief of the state patrol is hereby authorized to adopt and enforce rules establishing standards and specifications governing the performance of lighting devices and their installation, adjustment, and aiming, when in use on motor vehicles, and other safety equipment, components, or assemblies of a type for which regulation is required in this chapter or in rules adopted by the state patrol. Such rules shall correlate with and, so far as practicable, conform to federal motor vehicle safety standards adopted pursuant to the national traffic and motor vehicle safety act of 1966 (15 U.S.C. Sec. 1381 et seq.) covering the same aspect of performance, or in the absence of such federal standards, to the then current standards and specifications of the society of automotive engineers applicable to such equipment: PROVIDED, That the sale, installation, and use of any headlamp meeting the standards of either the society of automotive engineers or the United Nations agreement concerning motor vehicle equipment and parts done at Geneva on March 20, 1958, or as amended and adopted by the Canadian standards association (CSA standard D106.2), as amended, shall be lawful in this state.
(2) Every manufacturer who sells or offers for sale lighting devices or other safety equipment subject to requirements established by the state patrol shall, if the lighting device or safety equipment is not in conformance with applicable federal motor vehicle safety standards, provide for submission of such lighting device or safety equipment to any recognized organization or agency such as, but not limited to, the American national standards institute, the society of automotive engineers, or the American association of motor vehicle administrators, as the agent of the state patrol. Issuance of a certificate of compliance for any lighting device or item of safety equipment by that agent is deemed to comply with the standards set forth by the state patrol. Such certificate shall be issued by the agent of the state before sale of the product within the state.
(3) The state patrol may at any time request from the manufacturer a copy of the test data showing proof of compliance of any device with the requirements established by the state patrol and additional evidence that due care was exercised in maintaining compliance during production. If the manufacturer fails to provide such proof of compliance within sixty days of notice from the state patrol, the state patrol may prohibit the sale of the device in this state until acceptable proof of compliance is received by the state patrol.
(4) The state patrol or its agent may purchase any lighting device or other safety equipment, component, or assembly subject to this chapter or rules adopted by the state patrol under this chapter, for purposes of testing or retesting the equipment as to its compliance with applicable standards or specifications.
[ 1987 c 330 s 717; 1986 c 113 s 2. Prior: 1977 ex.s. c 355 s 25; 1977 ex.s. c 20 s 1; 1961 c 12 s 46.37.320; prior: 1955 c 269 s 32; prior: 1937 c 189 s 31; RRS s 6360-31; RCW 46.40.190; 1933 c 156 s 4, part; 1929 c 178 s 6, part; 1927 c 309 s 23, part; RRS s 6362-23, part. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) When the state patrol has reason to believe that an approved device does not comply with the requirements of this chapter or regulations issued by the state patrol, it may, after giving thirty days' previous notice to the person holding the certificate of approval for such device in this state, conduct a hearing upon the question of compliance of said approved device. After said hearing the state patrol shall determine whether said approved device meets the requirements of this chapter and regulations issued by the state patrol. If said device does not meet the requirements of this chapter or the state patrol's regulations it shall give notice to the one to whom the certificate of approval has been issued of the state patrol's intention to suspend or revoke the certificate of approval for such device in this state.
(2) If at the expiration of ninety days after such notice the person holding the certificate of approval for such device has failed to satisfy the state patrol that said approved device as thereafter to be sold or offered for sale meets the requirements of this chapter or the state patrol's regulations, the state patrol shall suspend or revoke the approval issued therefor and shall require the withdrawal of all such devices from the market and may require that all said devices sold since the notification be replaced with devices that do comply.
(3) When a certificate of approval has been suspended or revoked pursuant to this chapter or regulations by the state patrol, the device shall not be again approved unless and until it has been submitted for reapproval and it has been demonstrated, in the same manner as in an application for an original approval, that the device fully meets the requirements of this chapter or regulations issued by the state patrol. The state patrol may require that all previously approved items are being effectively recalled and removed from the market as a condition of reapproval.
[ 1987 c 330 s 718; 1977 ex.s. c 355 s 26; 1961 c 12 s 46.37.330. Prior: 1955 c 269 s 33; prior: 1937 c 189 s 32; RRS s 6360-32; RCW 46.40.200; 1933 c 156 s 4, part; 1929 c 178 s 6, part; 1927 c 309 s 23, part; RRS s 6362-23, part. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicle operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter.
(1) Service brakes—adequacy. Every such vehicle and combination of vehicles, except special mobile equipment as defined in RCW 46.04.552, shall be equipped with service brakes complying with the performance requirements of RCW 46.37.351 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation.
(2) Parking brakes—adequacy. Every such vehicle and combination of vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
(3) Brakes on all wheels. Every vehicle shall be equipped with brakes acting on all wheels except:
(a) Trailers, cargo extensions, semitrailers, or pole trailers of a gross weight not exceeding three thousand pounds, provided that:
(i) The total weight on and including the wheels of the trailer or trailers or cargo extension shall not exceed forty percent of the gross weight of the towing vehicle when connected to the trailer or trailers; and
(ii) The combination of vehicles consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of RCW 46.37.351;
(b) Trailers, semitrailers, or pole trailers manufactured and assembled prior to July 1, 1965, shall not be required to be equipped with brakes when the total weight on and including the wheels of the trailer or trailers does not exceed two thousand pounds;
(c) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of RCW 46.37.351;
(d) Trucks and truck tractors manufactured before July 25, 1980, and having three or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. Trucks and truck tractors manufactured on or after July 25, 1980, and having three or more axles are required to have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. Such trucks and truck tractors may be equipped with an automatic device to reduce the front-wheel braking effort by up to fifty percent of the normal braking force, regardless of whether or not antilock system failure has occurred on any axle, and:
(i) Must not be operable by the driver except upon application of the control that activates the braking system; and
(ii) Must not be operable when the pressure that transmits brake control application force exceeds eighty-five pounds per square inch (psi) on air-mechanical braking systems, or eighty-five percent of the maximum system pressure in vehicles utilizing other than compressed air.
All trucks and truck tractors having three or more axles must be capable of complying with the performance requirements of RCW 46.37.351;
(e) Special mobile equipment as defined in RCW 46.04.552 and all vehicles designed primarily for off-highway use with braking systems which work within the power train rather than directly at each wheel;
(f) Vehicles manufactured prior to January 1, 1930, may have brakes operating on only two wheels;
(g) For a forklift manufactured after January 1, 1970, and being towed, wheels need not have brakes except for those on the rearmost axle so long as such brakes, together with the brakes on the towing vehicle, shall be adequate to stop the combination within the stopping distance requirements of RCW 46.37.351.
(4) Automatic trailer brake application upon breakaway. Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a gross weight in excess of three thousand pounds, manufactured or assembled after January 1, 1964, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle.
(5) Tractor brakes protected. Every motor vehicle manufactured or assembled after January 1, 1964, and used to tow a trailer, semitrailer, or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.
(6) Trailer air reservoirs safeguarded. Air brake systems installed on trailers manufactured or assembled after January 1, 1964, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line.
(7) Two means of emergency brake operation.
(a) Air brakes. After January 1, 1964, every towing vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, and all other vehicles equipped with air controlled brakes, shall be equipped with two means for emergency application of the brakes. One of these means shall apply the brakes automatically in the event of a reduction of the vehicle's air supply to a fixed pressure which shall be not lower than twenty pounds per square inch nor higher than forty-five pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate.
(b) Vacuum brakes. After January 1, 1964, every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by subsection (8) of this section, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.
(8) Single control to operate all brakes. After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer, and every combination of such vehicles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control in the towing vehicle.
(9) Reservoir capacity and check valve.
(a) Air brakes. Every bus, truck, or truck tractor with air operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily draining accumulated oil or water.
(b) Vacuum brakes. After January 1, 1964, every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent.
(c) Reservoir safeguarded. All motor vehicles, trailers, semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure.
(10) Warning devices.
(a) Air brakes. Every bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the primary supply air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking.
(b) Vacuum brakes. After January 1, 1964, every truck tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than eight inches of mercury.
(c) Combination of warning devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement.
[ 2016 c 22 s 5; 1989 c 221 s 1; 1979 c 11 s 1. Prior: 1977 ex.s. c 355 s 27; 1977 ex.s. c 148 s 2; 1965 ex.s. c 170 s 49; 1963 c 154 s 21; 1961 c 12 s 46.37.340; prior: 1955 c 269 s 34; prior: 1937 c 189 s 34, part; RRS s 6360-34, part; RCW 46.36.020, 46.36.030, part; 1929 c 180 s 6; 1927 c 309 s 16; 1923 c 181 s 5; 1921 c 96 s 23; 1915 c 142 s 22; RRS s 6362-16. ]
NOTES:
Intent—Effective date—2016 c 22: See notes following RCW 46.04.094.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brakes, shall be capable of:
(1) Developing a braking force that is not less than the percentage of its gross weight tabulated herein for its classification,
(2) Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated herein for its classification, and
(3) Stopping from a speed of twenty miles per hour in not more than the distance tabulated herein for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material.
| Classification of vehicles | | Braking force as a percent- age of gross vehicle or combination weight | Deceler- ation in feet per second per second | Brake system application and braking distance in feet from an initial speed of 20 m.p.h. | | --- | --- | --- | --- | --- | | A | Passenger vehicles with a seating capacity of 10 people or less including driver, not having a manufacturer's gross vehicle weight rating . . . . | 52.8% | 17 | 25 | | B-1 | All motorcycles and motor-driven cycles . . . . | 43.5% | 14 | 30 | | B-2 | Single unit vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or less . . . . | 43.5% | 14 | 30 | | C-1 | Single unit vehicles with a manufacturer's gross weight rating of more than 10,000 pounds . . . . | 43.5% | 14 | 40 | | C-2 | Combinations of a two-axle towing vehicle and a trailer with a gross trailer weight of 3,000 pounds or less . . . . | 43.5% | 14 | 40 | | C-3 | Buses, regardless of the number of axles, not having a manufacturer's gross weight rating . . . . | 43.5% | 14 | 40 | | C-4 | All combinations of vehicles in driveaway- towaway operations . . . . | 43.5% | 14 | 40 | | D | All other vehicles and combinations of vehicles . . . . | 43.5% | 14 | 50 |
[ 1963 c 154 s 22. ]
NOTES:
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the front and back wheels and to wheels on opposite sides of the vehicle.
(2) All passenger cars manufactured on or after January 1, 1968, and other types of vehicles manufactured on or after September 1, 1975, shall be equipped with brake system failure indicator lamps which shall be maintained in good working order. The brake system shall demonstrate good working order and integrity by the application of a force of one hundred twenty-five pounds to the brake pedal for ten seconds without the occurrence of any of the following:
(i) Illumination of the brake system failure indicator lamp;
(ii) A decrease of more than eighty percent of service brake pedal height as measured from its free position to the floorboard or any other object which restricts service brake pedal travel;
(iii) Failure of any hydraulic line or other part.
(3) Brake hoses shall not be mounted so as to contact the vehicle body or chassis. In addition, brake hoses shall not be cracked, chafed, flattened, abraded, or visibly leaking. Protection devices such as "rub rings" shall not be considered part of the hose or tubing.
(4) Disc and drum condition. If the drum is embossed with a maximum safe diameter dimension or the rotor is embossed with a minimum safety thickness dimension, the drum or disc shall be within the appropriate specifications. These dimensions will be found on motor vehicles manufactured since January 1, 1971, and may be found on vehicles manufactured for several years prior to that time. If the drums and discs are not embossed, the drums and discs shall be within the manufacturer's specifications.
(5) Friction materials. On each brake the thickness of the lining or pad shall not be less than one thirty-second of an inch over the rivet heads, or the brake shoe on bonded linings or pads. Brake linings and pads shall not have cracks or breaks that extend to rivet holes except minor cracks that do not impair attachment. Drum brake linings shall be securely attached to brake shoes. Disc brake pads shall be securely attached to shoe plates.
(6) Backing plates and caliper assemblies shall not be deformed or cracked. System parts shall not be broken, misaligned, missing, binding, or show evidence of severe wear. Automatic adjusters and other parts shall be assembled and installed correctly.
[ 1977 ex.s. c 355 s 28; 1961 c 12 s 46.37.360. Prior: 1955 c 269 s 36; prior: 1951 c 56 s 2, part; 1937 c 189 s 34, part; RRS s 6360-34, part; RCW 46.36.020, 46.36.030, part; 1929 c 180 s 6; 1927 c 309 s 16; 1923 c 181 s 5; 1921 c 96 s 23; 1915 c 142 s 22; RRS s 6362-16. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) The term "hydraulic brake fluid" as used in this section shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.
(2) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public.
(3) The chief of the Washington state patrol shall, in compliance with the provisions of chapter 34.05 RCW, the administrative procedure act, which govern the adoption of rules, adopt and enforce regulations for the administration of this section and shall adopt and publish standards and specifications for hydraulic brake fluid which shall correlate with, and so far as practicable conform to, the then current standards and specifications of the society of automotive engineers applicable to such fluid.
(4) No person shall distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with the requirements of this section and the standard specifications adopted by the state patrol. No person shall service any vehicle with brake fluid unless it complies with the requirements of this section and the standards and specifications adopted by the state patrol.
(5) Subsections (3) and (4) of this section shall not apply to petroleum base fluids in vehicles with brake systems designed to use them.
[ 1987 c 330 s 719; 1977 ex.s. c 355 s 29; 1963 c 154 s 24. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(1) No vehicle shall be equipped with wheel nuts, hub caps, or wheel discs extending outside the body of the vehicle when viewed from directly above which:
(a) Incorporate winged projections; or
(b) Constitute a hazard to pedestrians and cyclists.
For the purposes of this section, a wheel nut is defined as an exposed nut which is mounted at the center or hub of a wheel, and is not one of the ordinary hexagonal nuts which secure a wheel to an axle and are normally covered by a hub cap or wheel disc.
(2) Tire rims and wheel discs shall have no visible cracks, elongated bolt holes, or indications of repair by welding. In addition, the lateral and radial runout of each rim bead area shall not exceed one-eighth of an inch of total indicated runout.
(3) King pins or ball joints shall not be worn to the extent that front wheels tip in or out more than one-quarter of an inch at the lower edge of the tire.
[ 1977 ex.s. c 355 s 30. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
(1) Construction of steering control system. The steering control system shall be constructed and maintained so that no components or attachments, including horn activating mechanism and trim hardware, can catch the driver's clothing or jewelry during normal driving maneuvers.
(2) Maintenance of steering control system. System play, lash, or free play in the steering system shall not exceed the values tabulated herein.
| Steering wheel diameter (inches) | Lash (inches) | | --- | --- | | 16 or less . . . .2 | | | 18 . . . .2-1/4 | | | 20 . . . .2-1/2 | | | 22 . . . .2-3/4 | |
(3) Linkage play. Free play in the steering linkage shall not exceed one-quarter of an inch.
(4) Other components of the steering system such as the power steering belt, tie rods, or idler arms or Pitman arms shall not be broken, worn out, or show signs of breakage.
(5) Suspension condition. Ball joint seals shall not be cut or cracked. Structural parts shall not be bent or damaged. Stabilizer bars shall be connected. Springs shall not be broken, or extended by spacers. Shock absorber mountings, shackles, and U-bolts shall be securely attached. Rubber bushings shall not be cracked, or extruded out or missing from suspension joints. Radius rods shall not be missing or damaged.
(6) Shock absorber system. Shock absorbers shall not be loose from mountings, leak, or be inoperative.
(7) Alignment. Toe-in and toe-out measurements shall not be greater than one and one-half times the value listed in the vehicle manufacturer's service specification for alignment setting.
[ 1977 ex.s. c 355 s 31. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
(1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device may emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his or her horn but shall not otherwise use such horn when upon a highway.
(2) No vehicle may be equipped with nor may any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.
(3) It is permissible for any vehicle to be equipped with a theft alarm signal device so long as it is so arranged that it cannot be used by the driver as an ordinary warning signal. Such a theft alarm signal device may use a whistle, bell, horn, or other audible signal but shall not use a siren.
(4) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type conforming to rules adopted by the state patrol, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach.
(5) Any organ transport vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type conforming to rules adopted by the state patrol, but the siren shall not be used except when the vehicle is transporting a time urgent organ as defined in RCW 68.64.010, in which case the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach.
[ 2023 c 290 s 4; 2010 c 8 s 9052; 1987 c 330 s 720; 1986 c 113 s 3; 1977 ex.s. c 355 s 32; 1961 c 12 s 46.37.380. Prior: 1955 c 269 s 38; prior: 1937 c 189 s 35; RRS s 6360-35; RCW 46.36.040. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.
(2)(a) No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as No. 1 on the Ringelmann chart, as published by the United States bureau of mines; or
(ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a)(i) above.
(b) No motor vehicle first sold and registered prior to January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as No. 2 on the Ringelmann chart, as published by the United States bureau of mines; or
(ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (b)(i) above.
(c) For the purposes of this subsection the following definitions shall apply:
(i) "Opacity" means the degree to which an emission reduces the transmission of light and obscures the view of an object in the background;
(ii) "Ringelmann chart" means the Ringelmann smoke chart with instructions for use as published by the United States bureau of mines in May 1967 and as thereafter amended, information circular 7718.
(3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection.
This subsection (3) does not apply to vehicles twenty-five or more years old or to passenger vehicles being operated off the highways in an organized racing or competitive event conducted by a recognized sanctioning body.
[ 2006 c 306 s 4; 2001 c 293 s 1; 1977 ex.s. c 355 s 33; 1972 ex.s. c 135 s 1; 1967 c 232 s 3; 1961 c 12 s 46.37.390. Prior: 1955 c 269 s 39; prior: 1937 c 189 s 36; RRS s 6360-36; RCW 46.36.050; 1927 c 309 s 17; 1921 c 96 s 21; 1915 c 142 s 20; RRS s 6362-17. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
(1) This section applies to all motor vehicles with a gross vehicle weight rating of 4,536 kilograms or more (10,001 pounds or more), registered and domiciled in Washington state, operated on public roads and equipped with engine compression brake devices. An engine compression brake device is any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.
(2) The driver of a motor vehicle equipped with a device that uses the compression of the motor vehicle engine shall not use the device unless: The motor vehicle is equipped with an operational muffler and exhaust system to prevent excess noise. A muffler is part of an engine exhaust system which acts as a noise dissipative device. A turbocharger is not permitted to be used as a muffler or a noise dissipative device.
(3) The monetary penalty for violating subsection (2) of this section is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter.
(4) All medium and heavy trucks must comply with federal code 205 - transportation equipment noise emission controls, subpart B.
(5) Nothing in this section prohibits a local jurisdiction from implementing an ordinance that is more restrictive than the state law and Washington state patrol rules regarding the use of compression brakes.
[ 2006 c 50 s 3; 2005 c 320 s 1. ]
(1) Every motor vehicle shall be equipped with a mirror mounted on the left side of the vehicle and so located to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle.
(2) Every motor vehicle shall be equipped with an additional mirror mounted either inside the vehicle approximately in the center or outside the vehicle on the right side and so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle.
(3) Every truck registered or based in Washington that is equipped with a cube-style, walk-in cargo box up to eighteen feet long used in the commercial delivery of goods and services must be equipped with a rear crossview mirror or backup device to alert the driver that a person or object is behind the truck.
(4) All mirrors and backup devices required by this section shall be maintained in good condition. Rear crossview mirrors and backup devices will be of a type approved by the Washington state patrol.
[ 1998 c 2 s 1; 1977 ex.s. c 355 s 34; 1963 c 154 s 25; 1961 c 12 s 46.37.400. Prior: 1955 c 269 s 40; prior: 1937 c 189 s 37; RRS s 6360-37; RCW 46.36.060. ]
NOTES:
Effective date—1998 c 2: "This act takes effect September 30, 1998." [ 1998 c 2 s 2.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
(1) All motor vehicles operated on the public highways of this state shall be equipped with a front windshield manufactured of safety glazing materials for use in motor vehicles in accordance with RCW 46.37.430, except, however, on such vehicles not so equipped or where windshields are not in use, the operators of such vehicles shall wear glasses, goggles, or face shields pursuant to RCW 46.37.530(1)(b).
(2) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
(3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. After January 1, 1938, it shall be unlawful for any person to operate a new motor vehicle first sold or delivered after that date which is not equipped with such device or devices in good working order capable of cleaning the windshield thereof over two separate arcs, one each on the left and right side of the windshield, each capable of cleaning a surface of not less than one hundred twenty square inches, or other device or devices capable of accomplishing substantially the same result.
(4) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
[ 1977 ex.s. c 355 s 35; 1961 c 12 s 46.37.410. Prior: 1955 c 269 s 41; prior: (i) 1937 c 189 s 38; RRS s 6360-38; RCW 46.36.070. (ii) 1937 c 189 s 39; RRS s 6360-39; RCW 46.36.080. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) It is unlawful to operate a vehicle upon the public highways of this state unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.
(2) No tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery equipped with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway, and except also that it is permissible to use tire chains, alternative traction devices, or metal studs imbedded within the tire of reasonable proportions and of a type conforming to rules adopted by the state patrol, upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st, except that a vehicle may be equipped year-round with tires that have retractable studs if: (a) The studs retract pneumatically or mechanically to below the wear bar of the tire when not in use; and (b) the retractable studs are engaged only between November 1st and April 1st. Retractable studs may be made of metal or other material and are not subject to the lightweight stud weight requirements under RCW 46.04.272. The state department of transportation may, from time to time, determine additional periods in which the use of tires with metal studs imbedded therein is lawful.
(3) The state department of transportation and local authorities in their respective jurisdictions may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.
(4) Tires with metal studs imbedded therein may be used between November 1st and April 1st upon school buses and fire department vehicles, any law or regulation to the contrary notwithstanding.
[ 2012 c 75 s 1; 2007 c 140 s 2; 1999 c 208 s 1; 1990 c 105 s 1; 1987 c 330 s 721; 1986 c 113 s 4; 1984 c 7 s 50; 1971 ex.s. c 32 s 1; 1969 ex.s. c 7 s 1; 1961 c 12 s 46.37.420. Prior: 1955 c 269 s 42; prior: (i) 1937 c 189 s 41; RRS s 6360-41; RCW 46.36.100. (ii) 1937 c 189 s 42; RRS s 6360-42; RCW 46.36.120; 1929 c 180 s 7; 1927 c 309 s 46; RRS s 6362-46. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Dangerous road conditions requiring special tires, chains, metal studs: RCW 47.36.250.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
Beginning January 1, 2000, a person offering to sell to a tire dealer conducting business in the state of Washington, a metal flange or cleat intended for installation as a stud in a vehicle tire shall certify that the studs are: (1) Lightweight studs as defined in RCW 46.04.272; or (2) retractable studs that are exempt from the requirements of RCW 46.04.272. Certification must be accomplished by clearly marking the boxes or containers used to ship and store studs with the designation "lightweight." This section does not apply to tires or studs in a wholesaler's existing inventory as of January 1, 2000.
[ 2007 c 140 s 3; 1999 c 219 s 2. ]
Beginning July 1, 2001, a person may not sell a studded tire or sell a stud for installation in a tire unless the stud qualifies as a: (1) Lightweight stud under RCW 46.04.272; or (2) retractable stud that is exempt from the requirements of RCW 46.04.272.
[ 2007 c 140 s 4; 1999 c 219 s 3. ]
No person, firm, or corporation shall sell or offer for sale for use on the public highways of this state any new pneumatic passenger car tire which does not meet the standards established by federal motor vehicle safety standard No. 109, as promulgated by the United States department of transportation under authority of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
The applicable standard shall be the version of standard No. 109 in effect at the time of manufacture of the tire.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any new pneumatic passenger car tire which does not meet the standards prescribed in this section unless such tires are sold for off-highway use, as evidenced by a statement signed by the purchaser at the time of sale certifying that he or she is not purchasing such tires for use on the public highways of this state.
[ 2010 c 8 s 9053; 1979 ex.s. c 136 s 71; 1971 c 77 s 1. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
No person, firm, or corporation shall sell or offer for sale any regrooved tire or shall regroove any tire for use on the public highways of this state which does not meet the standard established by federal motor vehicle standard part 569—regrooved tires, as promulgated by the United States department of transportation under authority of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
The applicable standard shall be the version of the federal regrooved tire standard in effect at the time of regrooving.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any regrooved tire or shall regroove any tire which does not meet the standards prescribed in this section unless such tires are sold or regrooved for off-highway use, as evidenced by a statement signed by the purchaser or regroover at the time of sale or regrooving certifying that he or she is not purchasing or regrooving such tires for use on the public highways of this state.
[ 2010 c 8 s 9054; 1979 ex.s. c 136 s 72; 1977 ex.s. c 355 s 36; 1971 c 77 s 2. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
No person shall drive or move or cause to be driven or moved any vehicle, the tires of which have contact with the driving surface of the road, subject to registration in this state, upon the public highways of this state unless such vehicle is equipped with tires in safe operating condition in accordance with requirements established by this section or by the state patrol.
The state patrol shall promulgate rules and regulations setting forth requirements of safe operating condition of tires capable of being employed by a law enforcement officer by visual inspection of tires mounted on vehicles including visual comparison with simple measuring gauges. These rules shall include effects of tread wear and depth of tread.
A tire shall be considered unsafe if it has:
(1) Any ply or cord exposed either to the naked eye or when cuts or abrasions on the tire are probed; or
(2) Any bump, bulge, or knot, affecting the tire structure; or
(3) Any break repaired with a boot; or
(4) A tread depth of less than 2/32 of an inch measured in any two major tread grooves at three locations equally spaced around the circumference of the tire, or for those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two major tread grooves at three locations equally spaced around the circumference of the tire; or
(5) A legend which indicates the tire is not intended for use on public highways such as, "not for highway use" or "for racing purposes only"; or
(6) Such condition as may be reasonably demonstrated to render it unsafe; or
(7) If not matched in tire size designation, construction, and profile to the other tire and/or tires on the same axle, except for temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.
No person, firm, or corporation shall sell any vehicle for use on the public highways of this state unless the vehicle is equipped with tires that are in compliance with the provisions of this section. If the tires are found to be in violation of the provisions of this section, the person, firm, or corporation selling the vehicle shall cause such tires to be removed from the vehicle and shall equip the vehicle with tires that are in compliance with the provisions of this section.
It is a traffic infraction for any person to operate a vehicle on the public highways of this state, or to sell a vehicle for use on the public highways of this state, which is equipped with a tire or tires in violation of the provisions of this section or the rules and regulations promulgated by the state patrol hereunder: PROVIDED, HOWEVER, That if the violation relates to items (1) to (7) inclusive of this section then the condition or defect must be such that it can be detected by a visual inspection of tires mounted on vehicles, including visual comparison with simple measuring gauges.
[ 1990 c 105 s 2; 1987 c 330 s 722; 1979 ex.s. c 136 s 73; 1977 ex.s. c 355 s 37; 1971 c 77 s 3. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1971 c 77: "The provisions of RCW 46.37.425 shall have an effective date of January 1, 1972, but the state commission on equipment shall have the authority to proceed with the promulgation of the rules and regulations provided for in RCW 46.37.425 so the rules and regulations may have an effective date of January 1, 1972." [ 1971 c 77 s 4.]
Beginning July 1, 2016:
(1)(a) In addition to all other fees imposed on the retail sale of tires, a five dollar fee is imposed on the retail sale of each new tire sold that contains studs. For the purposes of this subsection, "new tire sold that contains studs" means a tire that is manufactured for vehicle purposes and contains metal studs, and does not include bicycle tires or retreaded vehicle tires.
(b) The five dollar fee must be paid by the buyer to the seller, and each seller must collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller must be paid to the department of revenue in accordance with RCW 82.32.045; however, the seller retains ten percent of the fee collected.
(c) The portion of the fee paid to the department of revenue under (b) of this subsection must be deposited in the motor vehicle fund created under RCW 46.68.070.
(2) The fee to be collected by the seller, less the ten percent that the seller retains as specified in subsection (1)(b) of this section, must be held in trust by the seller until paid to the department of revenue, and any seller who appropriates or converts the fee collected to any use other than the payment of the fee on the due date is guilty of a gross misdemeanor.
(3) Any seller that fails to collect the fee imposed under this section or, having collected the fee, fails to pay it to the department of revenue by the date due, whether such failure is the result of the seller or the result of acts or conditions beyond the seller's control, is personally liable to the state for the amount of the fee.
(4) The amount of the fee, until paid by the buyer to the seller or to the department of revenue, constitutes a debt from the buyer to the seller. Any seller who fails or refuses to collect the fee as required with the intent to violate this section or to gain some advantage or benefit and any buyer who refuses to pay the fee due is guilty of a misdemeanor.
(5) The department of revenue must collect on the business excise tax return from the businesses selling new tires that contain studs at retail the number of tires sold and the fee imposed under this section. The department of revenue must incorporate into its audit cycle a reconciliation of the number of tires sold and the amount of revenue collected by the businesses selling new tires that contain studs.
(6) All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section.
(7) The department of revenue must administer this section.
[ 2015 3rd sp.s. c 44 s 210. ]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
(1)(a) No person may sell any motor vehicle as specified in this title, nor may any motor vehicle as specified in this title be registered unless such vehicle is equipped with safety glazing material of a type that meets or exceeds federal standards under 49 C.F.R. Sec. 571.205.
(b) The foregoing provisions apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material apply to all glazing material used in doors, windows, and windshields in the drivers' compartments of such vehicles except as provided by subsection (4) of this section.
(c) The safety glazing material that is manufactured and installed in accordance with federal standards shall not be etched or otherwise permanently altered if the safety glazing material is installed in the windshield or any other window located in the motor vehicle passenger compartment, except for the etching of the vehicle identification number if:
(i) The maximum height of the letters or numbers do not exceed one-half inch; and
(ii) The etched vehicle identification number is not located in a position that interferes with the vision of any occupant of the motor vehicle.
(2) For the purposes of this section:
(a) "Light transmission" means the ratio of the amount of total visible light, expressed in percentages, that is allowed to pass through the sunscreening or coloring material to the amount of total visible light falling on the motor vehicle window.
(b) "Net film screening" means the total sunscreening or coloring material applied to the window that includes both the material applied by the manufacturer during the safety glazing and any film sunscreening or coloring material applied after the vehicle is manufactured.
(c) "Reflectance" means the ratio of the amount of total light, expressed in percentages, that is reflected outward by the sunscreening or coloring material to the amount of total light falling on the motor vehicle window.
(d) "Safety glazing materials" means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(3) The director of licensing shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and he or she shall suspend the registration of any motor vehicle so subject to this section which the director finds is not so equipped until it is made to conform to the requirements of this section.
(4) No person may sell or offer for sale, nor may any person operate a motor vehicle registered in this state which is equipped with, any camper manufactured after May 23, 1969, unless such camper is equipped with safety glazing material of a type conforming to rules adopted under 49 C.F.R. Sec. 571.205 wherever glazing materials are used in outside windows and doors.
(5) No film sunscreening or coloring material that reduces light transmittance to any degree may be applied to the surface of the safety glazing material in a motor vehicle unless it meets the following standards for such material:
(a) The maximum level of net film sunscreening to be applied to any window, except the windshield, shall have a total reflectance of thirty-five percent or less, and a light transmission of twenty-four percent or more, where the vehicle is equipped with outside rearview mirrors on both the right and left. Installation of more than a single sheet of film sunscreening material to any window is prohibited.
(b) Hearses, collector vehicles, limousines and passenger buses used to transport persons for compensation, ambulances, rescue squad vehicles, any other emergency medical vehicle licensed under RCW 18.73.130 that is used to transport patients, and any vehicle identified by the manufacturer as a truck, motor home, or multipurpose passenger vehicle as defined in 49 C.F.R. Sec. 571.3, may have net film sunscreening applied on any window to the rear of the driver that has less than twenty-four percent light transmittance, if the light reflectance is thirty-five percent or less and the vehicle is equipped with outside rearview mirrors on both the right and left.
(c) A person or business tinting windows for profit who tints windows within restricted areas of the glazing system shall supply a sticker to be affixed to the driver's door post, in the area adjacent to the manufacturer's identification tag. Installation of this sticker certifies that the glazing application meets this chapter's standards for light transmission, reflectance, and placement requirements. Stickers must be no smaller than three-quarters of an inch by one and one-half inches, and no larger than two inches by two and one-half inches. The stickers must be of sufficient quality to endure exposure to harsh climate conditions. The business name and state tax identification number of the installer must be clearly visible on the sticker.
(d) A greater degree of light reduction is permitted on all windows and the top six inches of windshields of a vehicle operated by or carrying as a passenger a person who possesses a written verification from a licensed physician that the operator or passenger must be protected from exposure to sunlight for physical or medical reasons.
(e) A greater degree of light reduction is permitted along the top edge of the windshield as long as the product is transparent and does not extend into the AS-1 portion of the windshield or extend more than six inches from the top of the windshield. Clear film sunscreening material that reduces or eliminates ultraviolet light may be applied to windshields.
(f) When film sunscreening material is applied to any window except the windshield, outside mirrors on both the left and right sides shall be located so as to reflect to the driver a view of the roadway, through each mirror, a distance of at least two hundred feet to the rear of the vehicle.
(g) The following types of film sunscreening material are not permitted:
(i) Mirror finish products;
(ii) Red, gold, yellow, or black material; or
(iii) Film sunscreening material that is in liquid preapplication form and brushed or sprayed on.
(6) Subsection (5) of this section does not prohibit:
(a) The use of shaded or heat-absorbing safety glazing material in which the shading or heat-absorbing characteristics have been applied at the time of manufacture of the safety glazing material and which meet federal standards for such safety glazing materials.
(b) The use and placement of federal, state, or local certificates or decals on any window as required by applicable laws or regulations. However, any such certificate or decal must be of a size and placed on the motor vehicle so as not to impair the ability of the driver to safely operate the motor vehicle.
(c) Sunscreening devices to be applied to any window behind the driver provided that the devices reduce the driver's area of vision uniformly and by no more than fifty percent, as measured on a horizontal plane. If sunscreening devices are applied to the rear window, the vehicle must be equipped with outside rearview mirrors on both the left and right.
(d) Recreational products, such as toys, cartoon characters, stuffed animals, signs, and any other vision-reducing article or material to be applied to or placed in windows behind the driver provided that they do not interfere, in their size or position, with the driver's ability to see other vehicles, persons, or objects.
(7) It is a traffic infraction for any person to operate a vehicle for use on the public highways of this state, if the vehicle is equipped with film sunscreening or coloring material in violation of this section.
(8) Owners of vehicles with film sunscreening material applied to windows to the rear of the driver, prior to June 7, 1990, must comply with the requirements of this section and RCW 46.37.435 by July 1, 1993.
(9) The side and rear windows of law enforcement vehicles are exempt from the requirements of subsection (5) of this section. However, when law enforcement vehicles are sold to private individuals the film sunscreening or coloring material must comply with the requirements of subsection (5) of this section or documentation must be provided to the buyer stating that the vehicle windows must comply with the requirements of subsection (5) of this section before operation of the vehicle.
[ 2009 c 142 s 1; 2007 c 168 s 1; 1993 c 384 s 1; 1990 c 95 s 1; 1989 c 210 s 1; 1987 c 330 s 723; 1986 c 113 s 5; 1985 c 304 s 1; 1979 c 158 s 157; 1969 ex.s. c 281 s 47; 1961 c 12 s 46.37.430. Prior: 1955 c 269 s 43; prior: 1947 c 220 s 1; 1937 c 189 s 40; Rem. Supp. 1947 s 6360-40; RCW 46.36.090. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) A person is guilty of unlawful installation of safety glazing or film sunscreening material if he or she knowingly installs safety glazing or film sunscreening material in violation of RCW 46.37.430. Installation includes both the original application of safety glazing or film sunscreening material and the installation of vehicle windows which have already had safety glazing or film sunscreening material applied. Unlawful installation of safety glazing or film sunscreening material is a misdemeanor.
(2) A person is guilty of unlawful purchase or sale of safety glazing or film sunscreening material installation services if he or she provides or receives compensation with the knowledge that such compensation is for the purpose of installing safety glazing or film sunscreening material in violation of RCW 46.37.430. Installation includes both the original application of safety glazing or film sunscreening material and the installation of vehicle windows which have already had safety glazing or film sunscreening material applied. Unlawful purchase or sale of safety glazing or film sunscreening material installation services is a gross misdemeanor.
[ 2019 c 438 s 1; 1990 c 95 s 2. ]
(1) No person may operate any motor truck, passenger bus, truck tractor, motor home, or travel trailer over eighty inches in overall width upon any highway outside the corporate limits of municipalities at any time unless there is carried in such vehicle the following equipment except as provided in subsection (2) of this section:
(a) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet under normal atmospheric conditions at nighttime.
No flare, fusee, electric lantern, or cloth warning flag may be used for the purpose of compliance with this section unless such equipment is of a type which has been submitted to the state patrol and conforms to rules adopted by it. No portable reflector unit may be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within six hundred feet to one hundred feet under normal atmospheric conditions at night when directly in front of lawful upper beams of head lamps, and unless it is of a type which has been submitted to the state patrol and conforms to rules adopted by it;
(b) At least three red-burning fusees unless red electric lanterns or red portable emergency reflectors are carried;
(c) At least two red-cloth flags, not less than twelve inches square, with standards to support such flags.
(2) No person may operate at the time and under conditions stated in subsection (1) of this section any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases or liquefied gases, or any motor vehicle using compressed gas as a fuel unless there is carried in such vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsection (1) of this section, and there shall not be carried in any said vehicle any flares, fusees, or signal produced by flame.
[ 1987 c 330 s 724; 1986 c 113 s 6; 1977 ex.s. c 355 s 38; 1971 ex.s. c 97 s 1; 1961 c 12 s 46.37.440. Prior: 1955 c 269 s 44; prior: 1947 c 267 s 7, part; Rem. Supp. 1947 s 6360-32a, part; RCW 46.40.210, part. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Whenever any motor truck, passenger bus, truck tractor over eighty inches in overall width, trailer, semitrailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside any municipality at any time when lighted lamps are required on vehicles, the driver of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway except as provided in subsection (2) of this section:
(a) A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic.
(b) As soon thereafter as possible but in any event within the burning period of the fusee (fifteen minutes), the driver shall place three liquid-burning flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the traveled portion of the highway in the following order:
(i) One, approximately one hundred feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane.
(ii) One, approximately one hundred feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle.
(iii) One at the traffic side of the disabled vehicle not less than ten feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subdivision (a) of this subsection, it may be used for this purpose.
(2) Whenever any vehicle referred to in this section is disabled within five hundred feet of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than five hundred feet from the disabled vehicle.
(3) Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (1) and (5) of this section shall be placed as follows:
One at a distance of approximately two hundred feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; one at a distance of approximately one hundred feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and one at the traffic side of the vehicle and approximately ten feet from the vehicle in the direction of the nearest approaching traffic.
(4) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside any municipality at any time when the display of fusees, flares, red electric lanterns, or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the vehicle.
(5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this state at any time or place mentioned in subsection (1) of this section, the driver of such vehicle shall immediately display the following warning devices: One red electric lantern or portable red emergency reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors, one placed approximately one hundred feet to the front and one placed approximately one hundred feet to the rear of this disabled vehicle in the center of the traffic lane occupied by such vehicle. Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection.
(6) Whenever any vehicle, other than those described in subsection (1) of this section, is disabled upon the traveled portion of any highway or shoulder thereof outside any municipality, the state patrol or the county sheriff shall, upon discovery of the disabled vehicle, place a reflectorized warning device on the vehicle. The warning device and its placement shall be in accordance with rules adopted by the state patrol. Neither the standards for, placement or use of, nor the lack of placement or use of a warning device under this subsection gives rise to any civil liability on the part of the state of Washington, the state patrol, any county, or any law enforcement agency or officer.
(7) The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of RCW 46.37.440 applicable thereto.
[ 1987 c 330 s 725; 1987 c 226 s 1; 1984 c 119 s 1; 1961 c 12 s 46.37.450. Prior: 1955 c 269 s 45; prior: 1947 c 267 s 7, part; Rem. Supp. 1947 s 6360-32a, part; RCW 46.40.210, part. ]
NOTES:
Reviser's note: This section was amended by 1987 c 226 s 1 and by 1987 c 330 s 725, 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).
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) The fuel system shall be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public. Fuel tanks shall be equipped with approved caps.
(2) There shall be no signs of leakage from the carburetor or the fuel pump or the fuel hoses in the engine compartment or between the fuel tank and the engine compartment.
(3) No person shall operate any motor vehicle upon the public highways of this state unless the fuel tank is securely attached and so located that another vehicle would not be exposed to direct contact with the fuel tank in the event of a rear end collision.
[ 1977 ex.s. c 355 s 39. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Every automobile, truck, motorcycle, motor home, or off-road vehicle that is fueled by an alternative fuel source must bear a reflective placard issued by the national fire protection association indicating that the vehicle is so fueled. Violation of this subsection is a traffic infraction.
(2) As used in this section "alternative fuel source" includes propane, compressed natural gas, liquefied natural gas, liquid petroleum gas, or any chemically similar gas but does not include gasoline or diesel fuel.
(3) If a placard for a specific alternative fuel source has not been issued by the national fire protection association, a placard issued by the chief of the Washington state patrol, through the director of fire protection, is required. The chief of the Washington state patrol, through the director of fire protection, must develop rules for the design, size, and placement of the placard which remains effective until a specific placard is issued by the national fire protection association.
[ 2014 c 216 s 208; 1995 c 369 s 23; 1986 c 266 s 88; 1984 c 145 s 1; 1983 c 237 s 2. ]
NOTES:
Effective date—Findings—Tax preference performance statement—2014 c 216: See notes following RCW 82.38.030.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Legislative finding—1983 c 237: "The legislature finds that vehicles using alternative fuel sources such as propane, compressed natural gas, liquid petroleum gas, or other hydrocarbon gas fuels require firefighters to use a different technique if the vehicles catch fire. A reflective placard on such vehicles would warn firefighters of the danger so they could react properly." [ 1983 c 237 s 1.]
(1) "Air conditioning equipment," as used or referred to in this section, means mechanical vapor compression refrigeration equipment that is used to cool the driver's or passenger compartment of any motor vehicle.
(2) Air conditioning equipment must be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public. Air conditioning equipment may not contain any refrigerant that is toxic to persons or that is flammable, unless the refrigerant is allowed under the department of ecology's motor vehicle emission standards adopted under RCW 70A.30.010.
(3) The state patrol may enforce safety requirements, regulations, and specifications consistent with the requirements of this section applicable to air conditioning equipment which must correlate with and, so far as possible, conform to the current recommended practice or standard applicable to air conditioning equipment approved by the society of automotive engineers.
(4) A person may not sell or equip, for use in this state, a new motor vehicle with any air conditioning equipment unless it complies with the requirements of this section.
(5) A person may not register or license for use on any highway any new motor vehicle equipped with any air conditioning equipment unless the equipment complies with the requirements of this section.
[ 2021 c 65 s 51; 2011 c 224 s 1; 2009 c 256 s 1; 1987 c 330 s 726; 1961 c 12 s 46.37.470. Prior: 1955 c 269 s 47. ]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) No person shall operate any motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio broadcast or playing a sound recording for the purpose of transmitting a sound to the human auditory senses and which headset or earphones muffle or exclude other sounds. This subsection does not apply to students and instructors participating in a Washington state motorcycle safety program.
(2) This section does not apply to authorized emergency vehicles, motorcyclists wearing a helmet with built-in headsets or earphones as approved by the Washington state patrol, or motorists using hands-free, wireless communications systems, as approved by the equipment section of the Washington state patrol.
[ 2021 c 193 s 2; 2011 c 368 s 1; 1996 c 34 s 1; 1991 c 95 s 1; 1988 c 227 s 6; 1987 c 176 s 1; 1977 ex.s. c 355 s 40; 1961 c 12 s 46.37.480. Prior: 1949 c 196 s 11; Rem. Supp. 1949 s 6360-98d. Formerly RCW 46.36.150. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
It shall be unlawful to operate any vehicle upon the public highways of this state without having the load thereon securely fastened and protected by safety chains or other device. The chief of the Washington state patrol is hereby authorized to adopt and enforce reasonable rules and regulations as to what shall constitute adequate and safe chains or other devices for the fastening and protection of loads upon vehicles.
[ 1987 c 330 s 727; 1961 c 12 s 46.37.490. Prior: 1937 c 189 s 43; RRS s 6360-43; 1927 c 309 s 18; RRS s 6362-18. Formerly RCW 46.36.110. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) "Safety chains" means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connecting system, as prescribed by rule of the Washington state patrol.
(2) The term "safety chains" includes chains, cables, or wire ropes, or an equivalent flexible member meeting the strength requirements prescribed by rule of the Washington state patrol.
(3) A tow truck towing a vehicle and a vehicle towing a trailer must use safety chains. Failure to comply with this section is a class 1 civil infraction punishable under RCW 7.80.120.
[ 1995 c 360 s 1. ]
NOTES:
Tow trucks: Chapter 46.55 RCW.
(1) Except as authorized under subsection (2) of this section, no person may operate any motor vehicle, trailer, cargo extension, or semitrailer that is not equipped with fenders, covers, flaps, or splash aprons adequate for minimizing the spray or splash of water or mud from the roadway to the rear of the vehicle. All such devices shall be as wide as the tires behind which they are mounted and extend downward at least to the center of the axle.
(2) A motor vehicle that is not less than forty years old or a street rod vehicle that is owned and operated primarily as a collector's item need not be equipped with fenders when the vehicle is used and driven during fair weather on well-maintained, hard-surfaced roads.
[ 2016 c 22 s 6; 1999 c 58 s 2; 1988 c 15 s 2; 1977 ex.s. c 355 s 41; 1961 c 12 s 46.37.500. Prior: 1947 c 200 s 3, part; 1937 c 189 s 44, part; Rem. Supp. 1947 s 6360-44, part. Formerly RCW 46.36.130 (second paragraph). ]
NOTES:
Intent—Effective date—2016 c 22: See notes following RCW 46.04.094.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
The state patrol shall adopt standards for the performance, design, and installation of passenger restraint systems for children less than five years old and shall approve those systems which meet its standards.
[ 1987 c 330 s 728; 1983 c 215 s 1. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1983 c 215: "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." [ 1983 c 215 s 3.]
Child passenger restraint required: RCW 46.61.687.
(1) No person may sell any automobile manufactured or assembled after January 1, 1964, nor may any owner cause such vehicle to be registered thereafter under the provisions of chapter 46.12 RCW unless such motor car or automobile is equipped with automobile seat belts installed for use on the front seats thereof which are of a type and installed in a manner conforming to rules adopted by the state patrol. Where registration is for transfer from an out-of-state license, the applicant shall be informed of this section by the issuing agent and has thirty days to comply. The state patrol shall adopt and enforce standards as to what constitutes adequate and safe seat belts and for the fastening and installation of them. Such standards shall not be below those specified as minimum requirements by the Society of Automotive Engineers on June 13, 1963.
(2) Every passenger car manufactured or assembled after January 1, 1965, shall be equipped with at least two lap-type safety belt assemblies for use in the front seating positions.
(3) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with a lap-type safety belt assembly for each permanent passenger seating position. This requirement shall not apply to police vehicles.
(4) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with at least two shoulder harness-type safety belt assemblies for use in the front seating positions.
(5) The state patrol shall excuse specified types of motor vehicles or seating positions within any motor vehicle from the requirements imposed by subsections (1), (2), and (3) of this section when compliance would be impractical.
(6) No person may distribute, have for sale, offer for sale, or sell any safety belt or shoulder harness for use in motor vehicles unless it meets current minimum standards and specifications conforming to rules adopted by the state patrol or the United States department of transportation.
[ 1987 c 330 s 729; 1986 c 113 s 7; 1977 ex.s. c 355 s 42; 1963 c 117 s 1. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Safety belts, use required: RCW 46.61.688.
When any motor vehicle was originally equipped with bumpers or any other collision energy absorption or attenuation system, that system shall be maintained in good operational condition, and no person shall remove or disconnect, and no owner shall cause or knowingly permit the removal or disconnection of, any part of that system except temporarily in order to make repairs, replacements, or adjustments.
[ 1977 ex.s. c 355 s 43. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) The body, fenders, and bumpers shall be maintained without protrusions which could be hazardous to pedestrians. In addition, the bumpers shall be so attached and maintained so as to not protrude beyond the original bumper line.
(2) The hood, hood latches, hood fastenings, doors, and door latches shall be maintained in a condition sufficient to ensure proper working equal to that at the time of original vehicle manufacture.
[ 1977 ex.s. c 355 s 44. ]
NOTES:
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
Notwithstanding the requirements of this chapter, hoods and bumpers are optional equipment on street rod vehicles, custom vehicles, and kit vehicles. Street rod vehicles, custom vehicles, and kit vehicles must comply with fender requirements under RCW 46.37.500(2) and the windshield requirement of RCW 46.37.410(1).
[ 2011 c 114 s 9; 1996 c 225 s 12. ]
NOTES:
Effective date—2011 c 114: See note following RCW 46.04.572.
Finding—1996 c 225: See note following RCW 46.04.125.
A street rod or custom vehicle may use blue dot taillights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. For the purposes of this section, "blue dot taillight" means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch in diameter.
[ 2011 c 114 s 8. ]
NOTES:
Effective date—2011 c 114: See note following RCW 46.04.572.
(1) For the purposes of this section:
(a) "Kit vehicle" means a passenger car or light truck assembled from a manufactured kit, and is either (i) a kit consisting of a prefabricated body and chassis used to construct a complete vehicle, or (ii) a kit consisting of a prefabricated body to be mounted on an existing vehicle chassis and drivetrain, commonly referred to as a donor vehicle. "Kit vehicle" does not include a vehicle that has been assembled by a manufacturer.
(b) "Major component part" includes at least each of the following vehicle parts: (i) Engines and short blocks; (ii) frame; (iii) transmission or transfer case; (iv) cab; (v) door; (vi) front or rear differential; (vii) front or rear clip; (viii) quarter panel; (ix) truck bed or box; (x) seat; (xi) hood; (xii) bumper; (xiii) fender; and (xiv) airbag.
(2) A kit vehicle must, prior to inspection, contain the following components:
(a) Brakes on all wheels. The service brakes, upon application, must be capable of stopping the vehicle within a twelve-foot lane and (i) developing an average tire to road retardation force of not less than 52.8 percent of the gross vehicle weight, (ii) decelerating the vehicle at a rate of not less than seventeen feet per second, or (iii) stopping the vehicle within a distance of twenty-five feet from a speed of twenty miles per hour. Tests must be made on a level, dry, concrete or asphalt surface free from loose material;
(b) Brake hoses that comply with 49 C.F.R. Sec. 571.106;
(c) Brake fluids that comply with 49 C.F.R. Sec. 571.119;
(d) A parking brake that must operate on at least two wheels on the same axle, and when applied, must be capable of holding the vehicle on any grade on which the vehicle is operated. The parking brake must be separately actuated so that failure of any part of the service brake actuation system will not diminish the vehicle's parking brake holding capability;
(e) Lighting equipment that complies with 49 C.F.R. Sec. 571.108;
(f) Pneumatic tires that comply with 49 C.F.R. Sec. 571.109;
(g) Glazing material that complies with 49 C.F.R. Sec. 571.205. The driver must be provided with a windshield and side windows or opening that allows an outward horizontal vision capability, ninety degrees each side of a vertical plane passing through the fore and aft centerline of the vehicle. This range of vision must not be interrupted by window framing not exceeding four inches in width at each side location;
(h) Seat belt assemblies that comply with 49 C.F.R. Sec. 571.209;
(i) Defroster and defogging devices capable of defogging and defrosting the windshield area, except vehicles or exact replicas of vehicles manufactured prior to January 1938 are exempt from this requirement;
(j) Door latches that firmly and automatically secure the door when pushed closed and that allow each door to be opened both from the inside and outside, if the vehicle is enclosed with side doors leading directly into a compartment that contains one or more seating accommodations;
(k) A floor plan that is capable of supporting the weight of the number of occupants that the vehicle is designed to carry;
(l) If an enclosed kit vehicle powered by an internal combustion engine, a passenger compartment that must be constructed to prevent the entry of exhaust fumes into the passenger compartment;
(m) Fenders that must be installed on all wheels and cover the entire tread width that comes in contact with the road surface. Coverage of the tire tread circumference must be from at least fifteen degrees in front and to at least seventy-five degrees to the rear of the vertical centerline at each wheel measured from the center of the wheel rotation. The tire must not come in contact with the body, fender, chassis, or suspension of the vehicle. Kit vehicles that are more than forty years old and are owned and operated primarily as collector's vehicles are exempt from this fender requirement if the vehicle is used and driven during fair weather on well-maintained, hard-surfaced roads;
(n) A speedometer that is calibrated to indicate miles per hour, and may also indicate kilometers per hour;
(o) Mirrors as outlined in RCW 46.37.400. Mirror mountings must provide for mirror adjustment by tilting both horizontally and vertically;
(p) An accelerator control system that, in accordance with 49 C.F.R. Sec. 571.124, contains a double spring that returns engine throttle to an idle position when the driver removes the actuating force from the accelerator control. The geometry of the throttle linkage must be designed so that the throttle will not lock in an open position. A vehicle equipped with cruise control is exempt when the cruise control is actuated;
(q) A fuel system that, in accordance with 49 C.F.R. Secs. 571.301 and 571.302, is securely fastened to the vehicle so as not to interfere with the vehicle's operation. The components, such as tank, tubing, hoses, and pump, must be of leak proof design and be securely attached with fasteners designed for that purpose. All fuel system vent lines must extend outside of the passenger compartment and be positioned as not to be in contact with the high temperature surfaces or moving components. If the vehicle is fueled using alternative measures, it must be installed in accordance with any applicable standards set by the United States department of transportation;
(r) A steering wheel as outlined in RCW 46.37.375 and WAC 204-10-034;
(s) A suspension as outlined in WAC 204-10-036;
(t) An exhaust system as outlined in WAC 204-10-038; and
(u) A horn that is capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet. The horn or another warning device must not emit an unreasonably loud or harsh sound or whistle. A bell or siren must not be used as a warning device. The device used to actuate the horn must be easily accessible to the driver when operating the vehicle.
(3) A kit vehicle may also be equipped with hoods and bumpers. If this equipment is present, it must meet the following requirements:
(a) Hood latches must be equipped with a primary and secondary latching system to hold the hood in a closed position if the hood is a front opening hood; and
(b) Bumpers must be 4.5 inches in vertical height, centered on the vehicle's centerline, and extend no less than the width of the respective wheel track distances. Bumpers must be horizontal load veering and attach to the frame to effectively transfer energy when impacted. The bumper must be installed in accordance with the bumper heights outlined in WAC 204-10-022.
[ 2009 c 284 s 3. ]
It shall be unlawful for any person to lease for hire or permit the use of any vehicle with soft tires commonly used upon the beach and referred to as a dune buggy unless such vehicle has been inspected by and approved by the state patrol, which may charge a reasonable fee therefor to go into the motor vehicle fund.
[ 1987 c 330 s 730; 1971 ex.s. c 91 s 4; 1965 ex.s. c 170 s 61. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Every motorcycle and motor-driven cycle shall have its head lamps and tail lamps lighted whenever such vehicle is in motion upon a highway.
[ 1977 ex.s. c 355 s 45. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Every motorcycle and every motor-driven cycle shall be equipped with at least one lamp which shall comply with the requirements and limitations of this section.
(2) Every head lamp upon every motorcycle and motor-driven cycle shall be located at a height of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in RCW 46.37.030(2).
(3) Every motorcycle other than a motor-driven cycle shall be equipped with multiple-beam road-lighting equipment.
(4) Such equipment shall:
(a) Reveal persons and vehicles at a distance of at least three hundred feet ahead when the uppermost distribution of light is selected;
(b) Reveal persons and vehicles at a distance of at least one hundred fifty feet ahead when the lowermost distribution of light is selected, and on a straight, level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
[ 1977 ex.s. c 355 s 46. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
The head lamp or head lamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
(1) Every such head lamp or head lamps on a motor-driven cycle shall be of a sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor-driven cycle is operated at any speed less than twenty-five miles per hour and at a distance of not less than two hundred feet when the motor-driven cycle is operated at a speed of twenty-five or more miles per hour, and at a distance of not less than three hundred feet when the motor-driven cycle is operated at a speed of thirty-five or more miles per hour;
(2) In the event the motor-driven cycle is equipped with a multiple-beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in RCW 46.37.220(1), and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in RCW 46.37.220;
(3) In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, such lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes.
[ 1977 ex.s. c 355 s 47. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) Every motorcycle and motor-driven cycle shall have at least one tail lamp which shall be located at a height of not more than seventy-two nor less than fifteen inches.
(2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
(3) Every motorcycle and motor-driven cycle shall carry on the rear, either as part of the tail lamp or separately, at least one red reflector meeting the requirements of RCW 46.37.060.
(4) Every motorcycle and motor-driven cycle shall be equipped with at least one stop lamp meeting the requirements of RCW 46.37.070.
[ 1977 ex.s. c 355 s 48. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Every motorcycle and motor-driven cycle must comply with the provisions of RCW 46.37.351, except that:
(1) Motorcycles and motor-driven cycles need not be equipped with parking brakes;
(2) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, and the front wheel of a motor-driven cycle need not be equipped with brakes, if such motorcycle or motor-driven cycle is otherwise capable of complying with the braking performance requirements of RCW 46.37.528 and 46.37.529;
(3) Motorcycles shall be equipped with brakes operating on both the front and rear wheels unless the vehicle was originally manufactured without both front and rear brakes: PROVIDED, That a front brake shall not be required on any motorcycle over twenty-five years old which was originally manufactured without a front brake and which has been restored to its original condition and is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show or other such assemblage: PROVIDED FURTHER, That no front brake shall be required on any motorcycle manufactured prior to January 1, 1931.
[ 1982 c 77 s 6; 1977 ex.s. c 355 s 49. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Every motorcycle and motor-driven cycle, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:
(1) Developing a braking force that is not less than forty-three and one-half percent of its gross weight;
(2) Decelerating to a stop from not more than twenty miles per hour at not less than fourteen feet per second per second; and
(3) Stopping from a speed of twenty miles per hour in not more than thirty feet, such distance to be measured from the point at which movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one percent grade), dry, smooth, hard surface that is free from loose material.
[ 1977 ex.s. c 355 s 50. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) The state patrol is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the performance ability standard set forth in RCW 46.37.351, or which in its opinion is equipped with a braking system that is not so designed or constructed as to ensure reasonable and reliable performance in actual use.
(2) The director of licensing may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when the state patrol determines that the braking system thereon does not comply with the provisions of this section.
(3) No person shall operate on any highway any vehicle referred to in this section in the event the state patrol has disapproved the braking system upon such vehicle.
[ 1987 c 330 s 731; 1979 c 158 s 158; 1977 ex.s. c 355 s 51. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) It is unlawful:
(a) For any person to operate a motorcycle, moped, or motor-driven cycle not equipped with mirrors on the left and right sides which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle, moped, or motor-driven cycle: PROVIDED, That mirrors shall not be required on any motorcycle or motor-driven cycle over twenty-five years old originally manufactured without mirrors and which has been restored to its original condition and which is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle, moped, or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;
(c) For any person to operate or ride upon a motorcycle, motor-driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a motorcycle helmet except when the vehicle is an antique motor-driven cycle or when the vehicle is equipped with all of the following:
(i) Steering wheel;
(ii) Seat belts that conform to standards prescribed under 49 C.F.R. Part 571; and
(iii) Partially or completely enclosed seating area for the driver and passenger that is certified by the manufacturer as meeting the standards prescribed under 49 C.F.R. Sec. 571.216.
The motorcycle helmet neck or chin strap must be fastened securely while the motorcycle, moped, or motor-driven cycle is in motion. Persons operating electric-assisted bicycles and motorized foot scooters shall comply with all laws and regulations related to the use of bicycle helmets;
(d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle helmet that does not meet the requirements established by this section.
(2) The state patrol may adopt and amend rules concerning standards for glasses, goggles, and face shields.
(3) For purposes of this section, "motorcycle helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with the manufacturer's certification applied in accordance with 49 C.F.R. Sec. 571.218 indicating that the motorcycle helmet meets standards established by the United States department of transportation.
[ 2009 c 275 s 5; 2003 c 197 s 1; 1997 c 328 s 4; 1990 c 270 s 7. Prior: 1987 c 454 s 1; 1987 c 330 s 732; 1986 c 113 s 8; 1982 c 77 s 7; 1977 ex.s. c 355 s 55; 1971 ex.s. c 150 s 1; 1969 c 42 s 1; 1967 c 232 s 4. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Maximum height for handlebars: RCW 46.61.611.
Riding on motorcycles: RCW 46.61.610.
It is unlawful for any person to rent out motorcycles, motor-driven cycles, or mopeds unless the person also has on hand for rent helmets of a type conforming to rules adopted by the state patrol.
It shall be unlawful for any person to rent a motorcycle, motor-driven cycle, or moped unless the person has in his or her possession a helmet of a type approved by the state patrol, regardless of from whom the helmet is obtained.
[ 1990 c 270 s 8; 1987 c 330 s 733; 1986 c 113 s 9; 1977 ex.s. c 355 s 56; 1967 c 232 s 10. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
License requirement for person renting motorcycle: RCW 46.20.220.
No person shall modify the exhaust system of a motorcycle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motorcycle not equipped as required by this section, or which has been amplified as prohibited by this section.
[ 1977 ex.s. c 355 s 52. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Every motorcycle and every motor-driven cycle shall also comply with the requirements and limitations of:
RCW 46.37.380 on horns and warning devices;
RCW 46.37.390 on mufflers and prevention of noise;
RCW 46.37.400 on mirrors; and
RCW 46.37.420 on tires.
[ 1977 ex.s. c 355 s 53. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(1) The legislature intends to make it illegal for persons to turn forward the odometer on a new car to avoid compliance with the emissions standards required by chapter 295, Laws of 2005.
(2) It shall be unlawful for any person to disconnect, turn back, turn forward, or reset the odometer of any motor vehicle with the intent to change the number of miles indicated on the odometer gauge. A violation of this subsection is a gross misdemeanor.
[ 2005 c 295 s 8; 1983 c 3 s 119; 1969 c 112 s 2. ]
NOTES:
Findings—2005 c 295: See note following RCW 70A.30.010.
Motor vehicle dealers, unlawful acts and practices: RCW 46.70.180.
It shall be unlawful for any person to sell a motor vehicle in this state if such person has knowledge that the odometer on such motor vehicle has been turned back and if such person fails to notify the buyer, prior to the time of sale, that the odometer has been turned back or that he or she had reason to believe that the odometer has been turned back.
[ 2010 c 8 s 9055; 1969 c 112 s 3. ]
It shall be unlawful for any person to sell a motor vehicle in this state if such person has knowledge that the odometer on such motor vehicle has been replaced with another odometer and if such person fails to notify the buyer, prior to the time of sale, that the odometer has been replaced or that he or she believes the odometer to have been replaced.
[ 2010 c 8 s 9056; 1969 c 112 s 4. ]
It shall be unlawful for any person to advertise for sale, to sell, to use, or to install on any part of a motor vehicle or on an odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven. For the purposes of this section the true mileage driven is that driven by the car as registered by the odometer within the manufacturer's designed tolerance.
[ 1969 c 112 s 5. ]
In any suit brought by the purchaser of a motor vehicle against the seller of such vehicle, the purchaser shall be entitled to recover his or her court costs and a reasonable attorney's fee fixed by the court, if: (1) The suit or claim is based substantially upon the purchaser's allegation that the odometer on such vehicle has been tampered with contrary to RCW 46.37.540 and 46.37.550 or replaced contrary to RCW 46.37.560; and (2) it is found in such suit that the seller of such vehicle or any of his or her employees or agents knew or had reason to know that the odometer on such vehicle had been so tampered with or replaced and failed to disclose such knowledge to the purchaser prior to the time of sale.
[ 2010 c 8 s 9057; 1975 c 24 s 1; 1969 c 112 s 7. ]
Whenever an act or omission is declared to be unlawful in chapter 46.37 RCW, if the operator of the vehicle is not the owner or lessee of such vehicle, but is so operating or moving the vehicle with the express or implied permission of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee.
[ 1980 c 104 s 4; 1969 ex.s. c 69 s 3. ]
The state patrol shall adopt rules for wheelchair conveyance safety standards. Operation of a wheelchair conveyance that is in violation of these standards is a traffic infraction.
[ 1987 c 330 s 734; 1983 c 200 s 4. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
operator's license: RCW 46.20.109.
registration: RCW 46.16A.405(3).
public roadways, operating on: RCW 46.61.730.
Effective September 1, 1992, every school bus shall, in addition to any other equipment required by this chapter, be equipped with a crossing arm mounted to the bus that, when extended, will require students who are crossing in front of the bus to walk more than five feet from the front of the bus.
[ 1991 c 166 s 1. ]
A private school bus is subject to the requirements set forth in the National Standards for School Buses established by the national safety council in effect at the time of the bus manufacture, as adopted by rule by reference by the chief of the Washington state patrol. A private school bus manufactured before 1980 must meet the minimum standards set forth in the 1980 edition of the National Standards for School Buses.
[ 1995 c 141 s 3. ]
(1) "Air bag" means an inflatable restraint system or portion of an inflatable restraint system including, but not limited to, the cushion material, cover, sensors, controllers, inflators, and wiring that (a) operates in the event of a crash and (b) is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.
(2) "Counterfeit air bag" means a replacement motor vehicle inflatable occupant restraint system, including all component parts including, but not limited to, the cushion material, cover, sensors, controllers, inflators, and wiring, displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from the manufacturer.
(3) "Nondeployed salvage air bag" means an inflatable restraint system or portion of an inflatable restraint system that has not been previously activated or inflated as a result of a collision or other incident involving the vehicle.
(4) "Nonfunctional air bag" means a replacement motor vehicle inflatable occupant restraint system, including all component parts including, but not limited to, the cushion material, cover, sensors, controllers, inflators, and wiring, which: (a) Was previously deployed or damaged; (b) has an electric fault that is detected by the vehicle air bag diagnostic system after the installation procedure is completed; or (c) includes any part or object including, but not limited to, a counterfeit or repaired air bag cover, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional air bag has been installed.
(5) "Previously deployed air bag" means an inflatable restraint system or portion of the system that has been activated or inflated as a result of a collision or other incident involving the vehicle.
[ 2016 c 213 s 1; 2003 c 33 s 1. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Application of consumer protection act—2016 c 213: "The legislature finds that the practices covered by this act are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this act is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW." [ 2016 c 213 s 6.]
(1)(a) It is unlawful for a person, with criminal negligence, to manufacture or import a motor vehicle air bag, that: (i) Is a counterfeit air bag, (ii) is a nonfunctional air bag, (iii) is a previously deployed or damaged air bag that is part of an inflatable restraint system, or (iv) otherwise does not meet all applicable federal safety standards for an air bag. This subsection does not apply to nondeployed salvage air bags that meet the requirements of RCW 46.37.660(1).
(b) A person in violation of this subsection is guilty of a class C felony if the criminal negligence caused bodily injury as defined in RCW 9A.04.110 or death to another person.
(c) A person in violation of this subsection is guilty of a class C felony, regardless if the criminal negligence caused harm to another.
(2)(a) It is unlawful for a person, in a reckless manner, to sell, offer for sale, install, or reinstall a device in a vehicle for compensation, or distribute as an auto part, or replace a motor vehicle air bag, that: (i) Is a counterfeit air bag, (ii) is a nonfunctional air bag, (iii) is a previously deployed or damaged air bag that is part of an inflatable restraint system, or (iv) otherwise does not meet all applicable federal safety standards for an air bag. This subsection does not apply to nondeployed salvage air bags that meet the requirements of RCW 46.37.660(1).
(b) A person in violation of this subsection is guilty of a class C felony if the reckless manner caused bodily injury as defined in RCW 9A.04.110 or death to another person.
(c) A person in violation of this subsection is guilty of a class C felony, regardless if the reckless manner caused harm to another.
[ 2016 c 213 s 2; 2011 c 96 s 33; 2003 c 33 s 2. ]
NOTES:
Finding—Application of consumer protection act—2016 c 213: See note following RCW 46.37.640.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
(1)(a) Whenever an air bag that is part of a previously deployed inflatable restraint system is replaced by either a new air bag that is part of an inflatable restraint system or a nondeployed salvage air bag that is part of an inflatable restraint system, the air bag must conform to the original equipment manufacturer requirements and the installer must verify that the self-diagnostic system for the inflatable restraint system indicates that the entire inflatable restraint system is operating properly.
(b) A person in violation of this subsection (1) is guilty of a class C felony if the violation caused bodily injury as defined in RCW 9A.04.110 or death to another person.
(c) A person in violation of this subsection (1) is guilty of a class C felony, regardless if the violation caused harm to another.
(2)(a) No person may sell, install, or reinstall in any motor vehicle any device that causes the vehicle's diagnostic system to inaccurately indicate that the vehicle is equipped with a functional air bag when a counterfeit air bag, a nonfunctional air bag, or no air bag is installed. This subsection does not apply to nondeployed salvage air bags that meet the requirements of subsection (1) of this section.
(b) A person in violation of this subsection (2) is guilty of a class C felony if the violation caused bodily injury as defined in RCW 9A.04.110 or death to another person.
(c) A person in violation of this subsection (2) is guilty of a class C felony, regardless if the violation caused harm to another.
[ 2016 c 213 s 3; 2003 c 33 s 3. ]
NOTES:
Finding—Application of consumer protection act—2016 c 213: See note following RCW 46.37.640.
(1) Signal preemption devices shall not be installed or used on or with any vehicle other than an emergency vehicle authorized by the state patrol, an organ transport vehicle, a publicly owned law enforcement or emergency vehicle, a department of transportation, city, or county maintenance vehicle, or a public transit vehicle.
(2) This section does not apply to any of the following:
(a) A law enforcement agency and law enforcement personnel in the course of providing law enforcement services;
(b) A fire station or a firefighter in the course of providing fire prevention or fire extinguishing services;
(c) An emergency medical service or ambulance in the course of providing emergency medical transportation or ambulance services;
(d) An operator, passenger, or owner of an authorized emergency vehicle in the course of his or her emergency duties;
(e) A driver of an organ transport vehicle when a vehicle is transporting a time urgent organ as defined in RCW 68.64.010;
(f) Department of transportation, city, or county maintenance personnel while performing maintenance;
(g) Public transit personnel in the performance of their duties. However, public transit personnel operating a signal preemption device shall have second degree priority to law enforcement personnel, firefighters, emergency medical personnel, and other authorized emergency vehicle personnel, when simultaneously approaching the same traffic control signal;
(h) A mail or package delivery service or employee or agent of a mail or package delivery service in the course of shipping or delivering a signal preemption device;
(i) An employee or agent of a signal preemption device manufacturer or retailer in the course of his or her employment in providing, selling, manufacturing, or transporting a signal preemption device to an individual or agency described in this subsection.
[ 2023 c 290 s 5; 2005 c 183 s 2. ]
(1) It is unlawful to possess a signal preemption device except as authorized in RCW 46.37.670.
(2) A person who violates this section is guilty of a misdemeanor.
[ 2005 c 183 s 3. ]
(1) It is unlawful to:
(a) Use a signal preemption device except as authorized in RCW 46.37.670;
(b) Sell a signal preemption device to a person other than a person described in RCW 46.37.670; or
(c) Purchase a signal preemption device for use other than a duty as described in RCW 46.37.670.
(2) A person who violates this section is guilty of a gross misdemeanor.
[ 2005 c 183 s 4. ]
(1) When an accident that results only in injury to property or injury to a person that does not arise to substantial bodily harm as defined in RCW 9A.04.110 occurs as a proximate result of the operation of a signal preemption device which was not authorized in RCW 46.37.670, the driver is guilty of negligently causing an accident by use of a signal preemption device.
(2) Negligently causing an accident by use of a signal preemption device is a class C felony punishable under chapter 9A.20 RCW.
[ 2005 c 183 s 5. ]
(1) When an accident that results in injury to a person that arises to substantial bodily harm as defined in RCW 9A.04.110 occurs as a proximate result of the operation of a signal preemption device which was not authorized in RCW 46.37.670, the driver is guilty of negligently causing substantial bodily harm by use of a signal preemption device.
(2) Negligently causing substantial bodily harm by use of a signal preemption device is a class B felony punishable under chapter 9A.20 RCW.
[ 2005 c 183 s 6. ]
(1) When an accident that results in death to a person occurs as a proximate result of the operation of a signal preemption device which was not authorized in RCW 46.37.670, the driver is guilty of negligently causing death by use of a signal preemption device.
(2) Negligently causing death by use of a signal preemption device is a class B felony punishable under chapter 9A.20 RCW.
[ 2005 c 183 s 7. ]
(1) All vehicle sound system components, including any supplemental speaker systems or components, must be securely attached to the vehicle regardless of where the components are located, so that the components cannot become dislodged or loose during operation of the vehicle.
(2) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
(3) The Washington state traffic safety commission shall create and implement a statewide educational program regarding the safety risks of unsecured vehicle sound system components, including supplemental speaker systems or components. The educational program shall include information regarding securely attaching sound system components to the vehicle, regardless of where the components are located, so that the components do not become dislodged or loose during the operation of the vehicle. The commission shall create and implement this program within the commission's existing budget.
[ 2005 c 50 s 1. ]
NOTES:
Short title—2005 c 50: "This act shall be known as the Courtney Amisson Act." [ 2005 c 50 s 2.]
(1)(a) It is unlawful for a person to display a license plate on a vehicle that does not match or correspond with the registration of the vehicle unless the vehicle is inventory for a properly licensed vehicle dealer.
(b) It is unlawful for a person to have an installed license plate flipping device on a vehicle, use technology to flip a license plate on a vehicle, or use technology to change the appearance of a license plate on a vehicle.
(c) It is unlawful for a person or entity to sell a license plate flipping device or sell technology that will change the appearance of a license plate in the state of Washington.
(d) For purposes of this section, "license plate flipping device" means a device that enables a license plate on a vehicle to be changed to another license plate either manually or electronically. "License plate flipping device" includes technology that is capable of changing the appearance of a license plate to appear as a different license plate.
(2) A person who switches or flips license plates on a vehicle physically, utilizes technology to flip or change the appearance of a license plate on a vehicle, sells a license plate flipping device or technology that will change the appearance of a license plate, or falsifies a vehicle registration in violation of this section, in addition to any traffic infraction, is guilty of a gross misdemeanor punishable by confinement of up to three hundred sixty-four days in the county jail and a fine of one thousand dollars for the first offense, two thousand five hundred dollars for a second offense, and five thousand dollars for any subsequent offense, which may not be suspended, deferred, or reduced.
(3) A vehicle that is found with an installed license plate flipping device or technology to change the appearance of a license plate may be impounded by a law enforcement officer as evidence.
(4) Citizens are encouraged to notify law enforcement immediately if they observe a vehicle with a license plate flipping device.
[ 2013 c 135 s 1. ]
(1) A manufacturer or distributor of new electric-assisted bicycles, where electric-assisted bicycles are defined in RCW 46.04.169, offered for sale or distribution in Washington state must:
(a) Beginning July 1, 2018, permanently affix, in a prominent location, a label printed in arial font and at least nine-point type that contains the classification number, top assisted speed, and motor wattage;
(b) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States consumer product safety commission.
(2) A person shall not tamper with or modify an electric-assisted bicycle, as defined in RCW 46.04.169, so as to change the speed capability of the electric-assisted bicycle, unless the label in subsection (1)(a) of this section is appropriately replaced.
(3) Except as otherwise provided, an electric-assisted bicycle or a rider of an electric-assisted bicycle is subject to the same provisions of this title as a bicycle or the rider of a bicycle.
[ 2018 c 60 s 3. ]
The total outside width of any vehicle or load thereon must not exceed eight and one-half feet; except that an externally mounted rear vision mirror may extend beyond the width limits of the vehicle body to a point that allows the driver a view to the rear of the vehicle along both sides in conformance with Federal National Safety Standard 111 (49 C.F.R. 571.111), and RCW 46.37.400. Excluded from this calculation of width are certain devices that provide added safety, energy conservation, or are otherwise necessary, and are not designed or used to carry cargo. The width-exclusive devices must be identified in rules adopted by the department of transportation under RCW 46.44.101. A width-exclusive device must not extend more than three inches beyond the width limit of the vehicle body.
[ 2005 c 189 s 1; 1997 c 63 s 1; 1983 c 278 s 1; 1961 c 12 s 46.44.010. Prior: 1947 c 200 s 4; 1937 c 189 s 47; Rem. Supp. 1947 s 6360-47; 1923 c 181 s 4, part; RRS s 6362-8, part. ]
Motor homes, travel trailers, and campers may exceed the maximum width established under RCW 46.44.010 if the excess width is attributable to appurtenances that do not extend beyond the body of the vehicle by more than four inches, or if an awning, by more than six inches. As used in this section, "appurtenance" means an appendage that is installed by a factory or a vehicle dealer and is intended as an integral part of the motor home, travel trailer, or camper. "Appurtenance" does not include an item temporarily affixed or attached to the exterior of a vehicle for the purpose of transporting the item from one location to another. "Appurtenance" does not include an item that obstructs the driver's rearward vision.
[ 2005 c 264 s 1. ]
It is unlawful for any vehicle unladen or with load to exceed a height of fourteen feet above the level surface upon which the vehicle stands. This height limitation does not apply to authorized emergency vehicles or repair equipment of a public utility engaged in reasonably necessary operation. The provisions of this section do not relieve the owner or operator of a vehicle or combination of vehicles from the exercise of due care in determining that sufficient vertical clearance is provided upon the public highways where the vehicle or combination of vehicles is being operated; and no liability may attach to the state or to any county, city, town, or other political subdivision by reason of any damage or injury to persons or property by reason of the existence of any structure over or across any public highway where the vertical clearance above the roadway is fourteen feet or more; or, where the vertical clearance is less than fourteen feet, if impaired clearance signs of a design approved by the state department of transportation are erected and maintained on the right side of any such public highway in accordance with the manual of uniform traffic control devices for streets and highways as adopted by the state department of transportation under chapter 47.36 RCW. If any structure over or across any public highway is not owned by the state or by a county, city, town, or other political subdivision, it is the duty of the owner thereof when billed therefor to reimburse the state department of transportation or the county, city, town, or other political subdivision having jurisdiction over the highway for the actual cost of erecting and maintaining the impaired clearance signs, but no liability may attach to the owner by reason of any damage or injury to persons or property caused by impaired vertical clearance above the roadway.
[ 1984 c 7 s 52; 1977 c 81 s 1; 1975-'76 2nd ex.s. c 64 s 7; 1971 ex.s. c 248 s 1; 1965 c 43 s 1; 1961 c 12 s 46.44.020. Prior: 1959 c 319 s 26; 1955 c 384 s 1; 1953 c 125 s 1; 1951 c 269 s 20; 1937 c 189 s 48; RRS s 6360-48. ]
NOTES:
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
(1) It is unlawful for any person to operate upon the public highways of this state any vehicle having an overall length, with or without load, in excess of 40 feet. This restriction does not apply to (a) a municipal transit vehicle, (b) auto stage, private carrier bus, school bus, fifth-wheel travel trailer, travel trailer, or motor home with an overall length not to exceed 46 feet, (c) an articulated auto stage with an overall length not to exceed 61 feet, excluding a bike rack up to four feet in length, or (d) an auto recycling carrier up to 42 feet in length manufactured prior to 2005.
(2)(a) It is unlawful for any person to operate upon the public highways of this state any combination consisting of a tractor and semitrailer that has a semitrailer length in excess of 53 feet or a combination consisting of a tractor and two trailers in which the combined length of the trailers exceeds 61 feet, with or without load.
(b) The restriction under this subsection does not apply to two trailers or semitrailers with a total weight that does not exceed 26,000 pounds and when the two trailers or semitrailers do not carry property but constitute inventory property of a manufacturer, distributor, or dealer of such trailers. The total combination under this subsection (2)(b) may not exceed 82 feet of overall length.
(3) It is unlawful for any person to operate on the highways of this state any combination consisting of a truck and trailer, or log truck and stinger-steered pole trailer, with an overall length, with or without load, in excess of 75 feet. "Stinger-steered," as used in this section, means the coupling device is located behind the tread of the tires of the last axle of the towing vehicle.
(4)(a) The length limitations under this section do not apply to vehicles transporting poles, pipe, machinery, or other objects of a structural nature that cannot be dismembered and operated by a public utility when required for emergency repair of public service facilities or properties, but in respect to night transportation every such vehicle and load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.
(b) Excluded from the calculation of length under this section are certain devices that provide added safety, energy conservation, or are otherwise necessary, and are not designed or used to carry cargo. The length-exclusive devices must be identified in rules adopted by the department of transportation under RCW 46.44.101.
(c) For the purposes of calculating the overall length of a fifth-wheel travel trailer, the measurement is the distance between the centermost point of the kingpin and the rearmost point of the vehicle, generally referred to as the rear bumper or rear cap.
(5) For purposes of this section:
(a) "Fifth-wheel travel trailer" means a vehicle primarily designed for recreational camping or travel use that does not have its own motive power and is primarily mounted on or hitched within the bed of a pickup truck;
(b) "Kingpin" means a metal pin protruding from the bottom of the front of a fifth-wheel travel trailer that is designed to create a pivot point for steering, stability, and connecting the truck and fifth-wheel travel trailer.
[ 2026 c 65 s 1; 2020 c 110 s 1; 2018 c 105 s 1; 2017 c 76 s 2; 2012 c 79 s 1; 2005 c 189 s 2; 2000 c 102 s 1; 1995 c 26 s 1; 1994 c 59 s 2; 1993 c 301 s 1; 1991 c 113 s 1; 1990 c 28 s 1; 1985 c 351 s 1; 1984 c 104 s 1; 1983 c 278 s 2; 1979 ex.s. c 113 s 4; 1977 ex.s. c 64 s 1; 1975-'76 2nd ex.s. c 53 s 1; 1974 ex.s. c 76 s 2; 1971 ex.s. c 248 s 2; 1967 ex.s. c 145 s 61; 1963 ex.s. c 3 s 52; 1961 ex.s. c 21 s 36; 1961 c 12 s 46.44.030. Prior: 1959 c 319 s 25; 1957 c 273 s 14; 1951 c 269 s 22; prior: 1949 c 221 s 1, part; 1947 c 200 s 5, part; 1941 c 116 s 1, part; 1937 c 189 s 49, part; Rem. Supp. 1949 s 6360-49, part. ]
NOTES:
Effective date—1995 c 26: "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 June 1, 1995." [ 1995 c 26 s 2.]
(1) The load, or any portion of any vehicle, operated alone upon the public highway of this state, or the load, or any portion of the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front wheels of such vehicle, or the front bumper, if equipped with front bumper. This subsection does not apply to a (a) front-loading garbage truck or recycling truck while on route and actually engaged in the collection of solid waste or recyclables at speeds of twenty miles per hour or less or (b) public transit vehicle equipped with a bike rack up to four feet in length.
(2) No vehicle shall be operated upon the public highways with any part of the permanent structure or load extending in excess of fifteen feet beyond the center of the last axle of such vehicle. This subsection does not apply to "specialized equipment" designated under 49 U.S.C. Sec. 2311 that is operated on the interstate highway system, those designated portions of the federal-aid primary system, and routes constituting reasonable access from such highways to terminals and facilities for food, fuel, repairs, and rest.
[ 2017 c 76 s 1; 1997 c 191 s 1; 1991 c 143 s 1; 1961 c 12 s 46.44.034. Prior: 1957 c 273 s 15; 1951 c 269 s 24; prior: 1949 c 221 s 1, part; 1947 c 200 s 5, part; 1941 c 116 s 1, part; 1937 c 189 s 49, part; Rem. Supp. 1949 s 6360-49, part. ]
Except as provided in RCW 46.44.037, it is unlawful for any person to operate upon the public highways of this state any combination of vehicles consisting of more than two vehicles. For the purposes of this section a truck tractor-semitrailer or pole trailer combination will be considered as two vehicles but the addition of another axle to the tractor of a truck tractor-semitrailer or pole trailer combination in such a way that it supports a proportional share of the load of the semitrailer or pole trailer shall not be deemed a separate vehicle but shall be considered a part of the truck tractor. For the purposes of this section a converter gear used in converting a semitrailer to a full trailer shall not be deemed a separate vehicle but shall be considered a part of the trailer.
[ 1975-'76 2nd ex.s. c 64 s 8; 1961 c 12 s 46.44.036. Prior: 1955 c 384 s 2; 1951 c 269 s 23; prior: 1949 c 221 s 1, part; 1947 c 200 s 5, part; 1941 c 116 s 1, part; 1937 c 189 s 49, part; Rem. Supp. 1949 s 6360-49, part. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
Notwithstanding the provisions of RCW 46.44.036 and subject to such rules and regulations governing their operation as may be adopted by the state department of transportation, operation of the following combinations is lawful:
(1) A combination consisting of a truck tractor, a semitrailer, and another semitrailer or a full trailer. In this combination a converter gear used to convert a semitrailer into a full trailer shall be considered to be a part of the full trailer and not a separate vehicle. A converter gear being pulled without load and not used to convert a semitrailer into a full trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination;
(2) A combination consisting of a truck tractor carrying a freight compartment no longer than eight feet, a semitrailer, and another semitrailer or full trailer that meets the legal length requirement for a truck and trailer combination set forth in RCW 46.44.030;
(3) A motor home or travel trailer with a cargo extension, provided that there are no trailers or secondary cargo extensions or units attached to the cargo extension.
[ 2016 c 22 s 7; 2011 c 230 s 1; 1991 c 143 s 2; 1985 c 351 s 2; 1984 c 7 s 53; 1979 ex.s. c 149 s 3; 1975-'76 2nd ex.s. c 64 s 9; 1965 ex.s. c 170 s 37; 1963 ex.s. c 3 s 53; 1961 c 12 s 46.44.037. Prior: 1957 c 273 s 16; 1955 c 384 s 3. ]
NOTES:
Intent—Effective date—2016 c 22: See notes following RCW 46.04.094.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.
The following table is based on the following formula: W = 500((LN/N-1)+12N+36). W is the maximum weight in pounds (to the nearest 500 pounds) carried on any group of two (2) or more consecutive axles. L is the distance in feet between the extremes of any group of two (2) or more consecutive axles. N is the number of axles under consideration.
| Distance in feet between the extremes of any group of 2 or more consecutive axles | | Maximum load in pounds carried on any group of 2 or more consecutive axles | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 2 | 3 | 4 | 5 | | 6 | | 7 | | 8 | | 9 | | axles | axles | axles | axles | | axles | | axles | | axles | | axles | | | 4 | 34,000 | | | | | | | | | | | | 5 | 34,000 | | | | | | | | | | | | 6 | 34,000 | | | | | | | | | | | | 7 | 34,000 | | | | | | | | | | | | 8 & less | 34,000 | 34,000 | | | | | | | | | | | more than 8 | 38,000 | 42,000 | | | | | | | | | | | 9 | 39,000 | 42,500 | | | | | | | | | | | 10 | 40,000 | 43,500 | | | | | | | | | | | 11 | | 44,000 | 49,000 | | | | | | | | | | 12 | | 45,000 | 50,000 | | | | | | | | | | 13 | | 45,500 | 50,500 | | | | | | | | | | 14 | | 46,500 | 51,500 | 56,500 | | | | | | | | | 15 | | 47,000 | 52,000 | 57,000 | | | | | | | | | 16 | | 48,000 | 52,500 | 58,000 | | | | | | | | | 17 | | 48,500 | 53,500 | 58,500 | | | | | | | | | 18 | | 49,500 | 54,000 | 59,000 | 64,500 | | | | | | | | 19 | | 50,000 | 54,500 | 60,000 | 65,000 | | | | | | | | 20 | | 51,000 | 55,500 | 60,500 | 66,000 | | | | | | | | 21 | | 51,500 | 56,000 | 61,000 | 66,500 | 72,000 | | | | | | | 22 | | 52,500 | 56,500 | 61,500 | 67,000 | 72,500 | | | | | | | 23 | | 53,000 | 57,500 | 62,500 | 68,000 | 73,000 | | | | | | | 24 | | 54,000 | 58,000 | 63,000 | 68,500 | 74,000 | | | | | | | 25 | | 54,500 | 58,500 | 63,500 | 69,000 | 74,500 | 80,000 | | | | | | 26 | | 55,500 | 59,500 | 64,000 | 69,500 | 75,000 | 80,500 | | | | | | 27 | | 56,000 | 60,000 | 65,000 | 70,000 | 75,500 | 81,000 | | | | | | 28 | | 57,000 | 60,500 | 65,500 | 71,000 | 76,500 | 82,000 | 87,500 | | | | | 29 | | 57,500 | 61,500 | 66,000 | 71,500 | 77,000 | 82,500 | 88,000 | | | | | 30 | | 58,500 | 62,000 | 66,500 | 72,000 | 77,500 | 83,000 | 88,500 | | | | | 31 | | 59,000 | 62,500 | 67,500 | 72,500 | 78,000 | 83,500 | 89,000 | | | | | 32 | | 60,000 | 63,500 | 68,000 | 73,000 | 78,500 | 84,500 | 90,000 | | | | | 33 | | | 64,000 | 68,500 | 74,000 | 79,000 | 85,000 | 90,500 | | | | | 34 | | | 64,500 | 69,000 | 74,500 | 80,000 | 85,500 | 91,000 | | | | | 35 | | | 65,500 | 70,000 | 75,000 | 80,500 | 86,000 | 91,500 | | | | | 36 | | | 66,000 | 70,500 | 75,500 | 81,000 | 86,500 | 92,000 | | | | | 37 | | | 66,500 | 71,000 | 76,000 | 81,500 | 87,000 | 93,000 | | | | | 38 | | | 67,500 | 71,500 | 77,000 | 82,000 | 87,500 | 93,500 | | | | | 39 | | | 68,000 | 72,500 | 77,500 | 82,500 | 88,500 | 94,000 | | | | | 40 | | | 68,500 | 73,000 | 78,000 | 83,500 | 89,000 | 94,500 | | | | | 41 | | | 69,500 | 73,500 | 78,500 | 84,000 | 89,500 | 95,000 | | | | | 42 | | | 70,000 | 74,000 | 79,000 | 84,500 | 90,000 | 95,500 | | | | | 43 | | | 70,500 | 75,000 | 80,000 | 85,000 | 90,500 | 96,000 | | | | | 44 | | | 71,500 | 75,500 | 80,500 | 85,500 | 91,000 | 96,500 | | | | | 45 | | | 72,000 | 76,000 | 81,000 | 86,000 | 91,500 | 97,500 | | | | | 46 | | | 72,500 | 76,500 | 81,500 | 87,000 | 92,500 | 98,000 | | | | | 47 | | | 73,500 | 77,500 | 82,000 | 87,500 | 93,000 | 98,500 | | | | | 48 | | | 74,000 | 78,000 | 83,000 | 88,000 | 93,500 | 99,000 | | | | | 49 | | | 74,500 | 78,500 | 83,500 | 88,500 | 94,000 | 99,500 | | | | | 50 | | | 75,500 | 79,000 | 84,000 | 89,000 | 94,500 | 100,000 | | | | | 51 | | | 76,000 | 80,000 | 84,500 | 89,500 | 95,000 | 100,500 | | | | | 52 | | | 76,500 | 80,500 | 85,000 | 90,500 | 95,500 | 101,000 | | | | | 53 | | | 77,500 | 81,000 | 86,000 | 91,000 | 96,500 | 102,000 | | | | | 54 | | | 78,000 | 81,500 | 86,500 | 91,500 | 97,000 | 102,500 | | | | | 55 | | | 78,500 | 82,500 | 87,000 | 92,000 | 97,500 | 103,000 | | | | | 56 | | | 79,500 | 83,000 | 87,500 | 92,500 | 98,000 | 103,500 | | | | | 57 | | | 80,000 | 83,500 | 88,000 | 93,000 | 98,500 | 104,000 | | | | | 58 | | | | 84,000 | 89,000 | 94,000 | 99,000 | 104,500 | | | | | 59 | | | | 85,000 | 89,500 | 94,500 | 99,500 | 105,500 | | | | | 60 | | | | 85,500 | 90,000 | 95,000 | 100,500 | 105,500 | | | | | 61 | | | | 86,000 | 90,500 | 95,500 | 101,000 | 105,500 | | | | | 62 | | | | 86,500 | 91,000 | 96,000 | 101,500 | 105,500 | | | | | 63 | | | | 87,500 | 92,000 | 96,500 | 102,000 | 105,500 | | | | | 64 | | | | 88,000 | 92,500 | 97,500 | 102,500 | 105,500 | | | | | 65 | | | | 88,500 | 93,000 | 98,000 | 103,000 | 105,500 | | | | | 66 | | | | 89,000 | 93,500 | 98,500 | 103,500 | 105,500 | | | | | 67 | | | | 90,000 | 94,000 | 99,000 | 104,500 | 105,500 | | | | | 68 | | | | 90,500 | 95,000 | 99,500 | 105,000 | 105,500 | | | | | 69 | | | | 91,000 | 95,500 | 100,000 | 105,500 | 105,500 | | | | | 70 | | | | 91,500 | 96,000 | 101,000 | 105,500 | 105,500 | | | | | 71 | | | | 92,500 | 96,500 | 101,500 | 105,500 | 105,500 | | | | | 72 | | | | 93,000 | 97,000 | 102,000 | 105,500 | 105,500 | | | | | 73 | | | | 93,500 | 98,000 | 102,500 | 105,500 | 105,500 | | | | | 74 | | | | 94,000 | 98,500 | 103,000 | 105,500 | 105,500 | | | | | 75 | | | | 95,000 | 99,000 | 103,500 | 105,500 | 105,500 | | | | | 76 | | | | 95,500 | 99,500 | 104,500 | 105,500 | 105,500 | | | | | 77 | | | | 96,000 | 100,000 | 105,000 | 105,500 | 105,500 | | | | | 78 | | | | 96,500 | 101,000 | 105,500 | 105,500 | 105,500 | | | | | 79 | | | | 97,500 | 101,500 | 105,500 | 105,500 | 105,500 | | | | | 80 | | | | 98,000 | 102,000 | 105,500 | 105,500 | 105,500 | | | | | 81 | | | | 98,500 | 102,500 | 105,500 | 105,500 | 105,500 | | | | | 82 | | | | 99,000 | 103,000 | 105,500 | 105,500 | 105,500 | | | | | 83 | | | | 100,000 | 104,000 | 105,500 | 105,500 | 105,500 | | | | | 84 | | | | | 104,500 | 105,500 | 105,500 | 105,500 | | | | | 85 | | | | | 105,000 | 105,500 | 105,500 | 105,500 | | | | | 86 or more | | | | | 105,500 | 105,500 | 105,500 | 105,500 | | |
When inches are involved: Under six inches take lower, six inches or over take higher. The maximum load on any axle in any group of axles shall not exceed the single axle or tandem axle allowance as set forth in the table above.
The maximum axle and gross weights specified in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law.
Loads of not more than eighty thousand pounds which may be legally hauled in the state bordering this state which also has a sales tax, are legal in this state when moving to a port district within four miles of the bordering state except on the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor and three trailers.
Notwithstanding anything contained herein, a vehicle or combination of vehicles in operation on January 4, 1975, may operate upon the public highways of this state, including the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations, and procedures in effect in this state on January 4, 1975.
[ 2016 c 24 s 1; 1997 c 198 s 1; 1995 c 171 s 1. Prior: 1993 c 246 s 1; 1993 c 102 s 3; prior: 1988 c 229 s 1; 1988 c 6 s 2; 1985 c 351 s 3; 1977 c 81 s 2; 1975-'76 2nd ex.s. c 64 s 22. ]
NOTES:
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
Subject to the maximum gross weights specified in RCW 46.44.041, it is unlawful to operate any vehicle upon the public highways with a gross weight, including load, upon any tire concentrated upon the surface of the highway in excess of six hundred pounds per inch width of such tire. An axle manufactured after July 31, 1993, carrying more than ten thousand pounds gross weight must be equipped with four or more tires. An axle carrying more than ten thousand pounds gross weight must have four or more tires, regardless of date of manufacture. Instead of the four or more tires per axle requirements of this section, an axle may be equipped with two tires limited to five hundred pounds per inch width of tire. This section does not apply to vehicles operating under oversize or overweight permits, or both, issued under RCW 46.44.090, while carrying a nonreducible load.
The following equipment may operate at six hundred pounds per inch width of tire: (1) A nonliftable steering axle or axles on the power unit; (2) a tiller axle on firefighting apparatus; (3) a rear booster trailing axle equipped with two tires on a ready-mix concrete transit truck; and (4) a straddle trailer manufactured before January 1, 1996, equipped with single-tire axles or a single axle using a walking beam supported by two in-line single tires and used exclusively for the transport of fruit bins between field, storage, and processing. A straddle trailer manufactured after January 1, 1996, meeting this use criteria may carry five hundred fifteen pounds per inch width of tire on sixteen and one-half inch wide tires.
For the purpose of this section, the width of tire in case of solid rubber or hollow center cushion tires, so long as the use thereof may be permitted by the law, shall be measured between the flanges of the rim. For the purpose of this section, the width of tires in case of pneumatic tires shall be the maximum overall normal inflated width as stipulated by the manufacturer when inflated to the pressure specified and without load thereon.
The department of transportation, by rule with respect to state highways, and a local authority, with respect to a public highway under its jurisdiction, may extend the weight table in RCW 46.44.041 to one hundred fifteen thousand pounds. However, the extension must be in compliance with federal law, and vehicles operating under the extension must be in full compliance with the 1997 axle and tire requirements under this section.
[ 2006 c 334 s 15; 1996 c 116 s 1; 1993 c 103 s 1; 1985 c 351 s 4; 1975-'76 2nd ex.s. c 64 s 10; 1961 c 12 s 46.44.042. Prior: 1959 c 319 s 27; 1951 c 269 s 27; prior: 1949 c 221 s 2, part; 1947 c 200 s 6, part; 1941 c 116 s 2, part; 1937 c 189 s 50, part; Rem. Supp. 1949 s 6360-50, part; 1929 c 180 s 3, part; 1927 c 309 s 8, part; 1923 c 181 s 4, part; 1921 c 96 s 20, part; RRS s 6362-8, part. ]
NOTES:
Effective date—2006 c 334: See note following RCW 47.01.051.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
The switch that controls the raising and lowering of the retractable rear booster or tag axle on a ready-mix cement truck may be located within the reach of the driver's compartment as long as the variable control, used to adjust axle loadings by regulating air pressure or by other means, is out of the reach of the driver's compartment.
[ 1994 c 305 s 1. ]
A three axle truck tractor and a two axle pole trailer combination engaged in the operation of hauling logs may exceed by not more than six thousand eight hundred pounds the legal gross weight of the combination of vehicles when licensed, as permitted by law, for sixty-eight thousand pounds: PROVIDED, That the distance between the first and last axle of the vehicles in combination shall have a total wheelbase of not less than thirty-seven feet, and the weight upon two axles spaced less than seven feet apart shall not exceed thirty-three thousand six hundred pounds.
Such additional allowances shall be permitted by a special permit to be issued by the department of transportation valid only on state primary or secondary highways authorized by the department and under such rules, regulations, terms, and conditions prescribed by the department. The fee for such special permit shall be fifty dollars for a twelve-month period beginning and ending on April 1st of each calendar year. Permits may be issued at any time, but if issued after July 1st of any year the fee shall be thirty-seven dollars and fifty cents. If issued on or after October 1st the fee shall be twenty-five dollars, and if issued on or after January 1st the fee shall be twelve dollars and fifty cents. A copy of such special permit covering the vehicle involved shall be carried in the cab of the vehicle at all times. Upon the third offense within the duration of the permit for violation of the terms and conditions of the special permit, the special permit shall be canceled. The vehicle covered by such canceled special permit shall not be eligible for a new special permit until thirty days after the cancellation of the special permit issued to said vehicle. The fee for such renewal shall be at the same rate as set forth in this section which covers the original issuance of such special permit. Each special permit shall be assigned to a three-axle truck tractor in combination with a two-axle pole trailer. When the department issues a duplicate permit to replace a lost or destroyed permit and where the department transfers a permit, a fee of fourteen dollars shall be charged for each such duplicate issued or each such transfer.
All fees collected hereinabove shall be deposited with the state treasurer and credited to the motor vehicle fund.
Permits involving city streets or county roads or using city streets or county roads to reach or leave state highways, authorized for permit by the department may be issued by the city or county or counties involved. A fee of five dollars for such city or county permit may be assessed by the city or by the county legislative authority which shall be deposited in the city or county road fund. The special permit provided for herein shall be known as a "log tolerance permit" and shall designate the route or routes to be used, which shall first be approved by the city or county engineer involved. Authorization of additional route or routes may be made at the discretion of the city or county by amending the original permit or by issuing a new permit. Said permits shall be issued on a yearly basis expiring on March 31st of each calendar year. Any person, firm, or corporation who uses any city street or county road for the purpose of transporting logs with weights authorized by state highway log tolerance permits, to reach or leave a state highway route, without first obtaining a city or county permit when required by the city or the county legislative authority shall be subject to the penalties prescribed by RCW 46.44.105. For the purpose of determining gross weight the actual scale weight taken by the officer shall be prima facie evidence of such total gross weight. In the event the gross weight is in excess of the weight permitted by law, the officer may, within his or her discretion, permit the operator to proceed with his or her vehicles in combination.
The chief of the state patrol, with the advice of the department, may make reasonable rules and regulations to aid in the enforcement of the provisions of this section.
[ 2010 c 8 s 9058; 1994 c 172 s 1; 1979 ex.s. c 136 s 74; 1975-'76 2nd ex.s. c 64 s 11; 1973 1st ex.s. c 150 s 2; 1971 ex.s. c 249 s 2; 1961 ex.s. c 21 s 35; 1961 c 12 s 46.44.047. Prior: 1955 c 384 s 19; 1953 c 254 s 10; 1951 c 269 s 31. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
The department of transportation may make and enter into agreements with the federal government or any state or group of states or agencies thereof, or any nonprofit association, on a joint or cooperative basis, to study, analyze, or test the effects of weight on highway construction. The studies or tests may be made either by designating existing highways or the construction of test strips including natural resource roads to the end that a proper solution of the many problems connected with the imposition on highways of motor vehicle weights may be determined.
The studies may include the determination of values to be assigned various highway-user groups according to their gross weight or use.
[ 1984 c 7 s 54; 1961 c 12 s 46.44.049. Prior: 1951 c 269 s 47. ]
It shall be unlawful to operate any vehicle upon public highways with a wheelbase between any two axles thereof of less than three feet, six inches when weight exceeds that allowed for one axle under RCW 46.44.042 or 46.44.041. It shall be unlawful to operate any motor vehicle upon the public highways of this state with a wheelbase between the frontmost axle and the rearmost axle of less than three feet, six inches.
For the purposes of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles designated.
[ 2009 c 275 s 6; 1979 ex.s. c 213 s 7; 1975-'76 2nd ex.s. c 64 s 12; 1961 c 12 s 46.44.050. Prior: 1941 c 116 s 3; 1937 c 189 s 51; Rem. Supp. 1941 s 6360-51; 1929 c 180 s 3, part; 1927 c 309 s 8, part; 1923 c 181 s 4, part; RRS s 6362-8, part. ]
NOTES:
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
No passenger type vehicle shall be operated on any public highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof.
[ 1961 c 12 s 46.44.060. Prior: 1937 c 189 s 52; RRS s 6360-52; 1929 c 180 s 5, part; 1927 c 309 s 10, part; RRS s 6362-10, part. ]
The drawbar or other connection between vehicles in combination shall be of sufficient strength to hold the weight of the towed vehicle on any grade where operated. No trailer shall whip, weave or oscillate or fail to follow substantially in the course of the towing vehicle. When a disabled vehicle is being towed by means of bar, chain, rope, cable or similar means and the distance between the towed vehicle and the towing vehicle exceeds fifteen feet there shall be fastened on such connection in approximately the center thereof a white flag or cloth not less than twelve inches square.
[ 1961 c 12 s 46.44.070. Prior: 1937 c 189 s 53; RRS s 6360-53; 1929 c 180 s 5, part; 1927 c 309 s 10, part; RRS s 6362-10, part; 1923 c 181 s 4, part. ]
Local authorities with respect to public highways under their jurisdiction may prohibit the operation thereon of motor trucks or other vehicles or may impose limits as to the weight thereof, or any other restrictions as may be deemed necessary, whenever any such public highway by reason of rain, snow, climatic or other conditions, will be seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted or the permissible weights thereof reduced: PROVIDED, That whenever a highway has been closed generally to vehicles or specified classes of vehicles, local authorities shall by general rule or by special permit authorize the operation thereon of school buses, emergency vehicles, and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents under such weight and speed restrictions as the local authorities deem necessary to protect the highway from undue damage: PROVIDED FURTHER, That the governing authorities of incorporated cities and towns shall not prohibit the use of any city street designated a part of the route of any primary state highway through any such incorporated city or town by vehicles or any class of vehicles or impose any restrictions or reductions in permissible weights unless such restriction, limitation, or prohibition, or reduction in permissible weights be first approved in writing by the department of transportation.
The local authorities imposing any such restrictions or limitations, or prohibiting any use or reducing the permissible weights shall do so by proper ordinance or resolution and shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution in each end of the portion of any public highway affected thereby, and no such ordinance or resolution shall be effective unless and until such signs are erected and maintained.
The department shall have the same authority as hereinabove granted to local authorities to prohibit or restrict the operation of vehicles upon state highways. The department shall give public notice of closure or restriction. The department may issue special permits for the operation of school buses and motor trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents under specified weight and speed restrictions as may be necessary to protect any state highway from undue damage.
[ 2006 c 334 s 16; 1977 ex.s. c 151 s 29; 1973 2nd ex.s. c 15 s 1; 1961 c 12 s 46.44.080. Prior: 1937 c 189 s 54; RRS s 6360-54. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Highway and street closures authorized—Notice: Chapter 47.48 RCW.
The department of transportation, pursuant to its rules with respect to state highways, and local authorities, with respect to public highways under their jurisdiction, may, upon application in writing and good cause being shown therefor, issue a special permit in writing, or electronically, authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight of vehicle, or load exceeding the maximum set forth in RCW 46.44.010, 46.44.020, 46.44.030, 46.44.034, and 46.44.041 upon any public highway under the jurisdiction of the authority granting such permit and for the maintenance of which such authority is responsible.
[ 2006 c 334 s 17; 2001 c 262 s 1; 1977 ex.s. c 151 s 30; 1975-'76 2nd ex.s. c 64 s 13; 1961 c 12 s 46.44.090. Prior: 1951 c 269 s 34; prior: 1949 c 221 s 3, part; 1947 c 200 s 7, part; 1945 c 177 s 1, part; 1937 c 189 s 55, part; Rem. Supp. 1949 s 6360-55, part. ]
NOTES:
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
(1) Except as otherwise provided in subsections (3) and (4) of this section, no special permit shall be issued for movement on any state highway or route of a state highway within the limits of any city or town where the gross weight, including load, exceeds the following limits:
(a) Twenty-two thousand pounds on a single axle or on dual axles with a wheelbase between the first and second axles of less than three feet six inches;
(b) Forty-three thousand pounds on dual axles having a wheelbase between the first and second axles of not less than three feet six inches but less than seven feet;
(c) On any group of axles or in the case of a vehicle employing two single axles with a wheel base between the first and last axle of not less than seven feet but less than ten feet, a weight in pounds determined by multiplying six thousand five hundred times the distance in feet between the center of the first axle and the center of the last axle of the group;
(d) On any group of axles with a wheel base between the first and last axle of not less than ten feet but less than thirty feet, a weight in pounds determined by multiplying two thousand two hundred times the sum of twenty and the distance in feet between the center of the first axle and the center of the last axle of the group;
(e) On any group of axles with a wheel base between the first and last axle of thirty feet or greater, a weight in pounds determined by multiplying one thousand six hundred times the sum of forty and the distance in feet between the center of the first axle and the center of the last axle of the group.
(2) The total weight of a vehicle or combination of vehicles allowable by special permit under subsection (1) of this section shall be governed by the lesser of the weights obtained by using the total number of axles as a group or any combination of axles as a group.
(3) The weight limitations pertaining to single axles may be exceeded to permit the movement of equipment operating upon single pneumatic tires having a rim width of twenty inches or more and a rim diameter of twenty-four inches or more or dual pneumatic tires having a rim width of sixteen inches or more and a rim diameter of twenty-four inches or more and specially designed vehicles manufactured and certified for special permits prior to July 1, 1975.
(4) Permits may be issued for weights in excess of the limitations contained in subsection (1) of this section on highways or sections of highways which have been designed and constructed for weights in excess of such limitations, or for any shipment duly certified as necessary by military officials, or by officials of public or private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary movement or action: PROVIDED, That in the judgment of the department of transportation the structures and highway surfaces on the routes involved are capable of sustaining weights in excess of such limitations and it is not reasonable for economic or operational considerations to transport such excess weights by rail or water for any substantial distance of the total mileage applied for.
(5) Application shall be made in writing on special forms provided by the department of transportation and shall be submitted at least thirty-six hours in advance of the proposed movement. An application for a special permit for a gross weight of any combination of vehicles exceeding two hundred thousand pounds shall be submitted in writing to the department of transportation at least thirty days in advance of the proposed movement.
[ 2001 c 262 s 2; 1989 c 52 s 1; 1977 ex.s. c 151 s 31; 1975-'76 2nd ex.s. c 64 s 14; 1975 1st ex.s. c 168 s 1; 1969 ex.s. c 281 s 30; 1961 c 12 s 46.44.091. Prior: 1959 c 319 s 28; 1953 c 254 s 12; 1951 c 269 s 35; prior: 1949 c 221 s 3, part; 1947 c 200 s 7, part; 1945 c 177 s 1, part; 1937 c 189 s 55, part; Rem. Supp. 1949 s 6360-55, part. ]
NOTES:
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
Effective date—1975 1st ex.s. c 168: "This 1973 [1975] amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [ 1975 1st ex.s. c 168 s 4.]
(1)(a) Except as provided in (b) and (c) of this subsection, the department of transportation, with respect to state highways maintained within port district property, may, at the request of a port commission, make and enter into agreements with port districts and adjacent jurisdictions or agencies of the districts, for the purpose of identifying, managing, and maintaining short heavy haul industrial corridors within port district property for the movement of overweight sealed containers used in international trade.
(b) The department of transportation shall designate that portion of state route number 97 from the Canadian border to milepost 331.12 as a heavy haul industrial corridor for the movement of overweight vehicles to and from the Oroville railhead. The department may issue special permits to vehicles operating in the heavy haul industrial corridor to carry weight in excess of weight limits established in RCW 46.44.041, but not to exceed a gross vehicle weight of 139,994 pounds.
(c) The department of transportation shall designate that portion of state route number 128 from the Idaho border from milepost .51 to 2.24 and continuing on to state route number 193 from milepost .51 to 2.32 ending at the Port of Wilma as a heavy haul industrial corridor for the movement of overweight vehicles. The department may issue special permits to vehicles operating in the heavy haul industrial corridor to carry weight in excess of weight limits established in RCW 46.44.041, but not to exceed a gross vehicle weight of 129,000 pounds. Such vehicles operating in the heavy haul industrial corridor must comply with the federal bridge gross weight formula in 23 C.F.R. Part 658 as it existed on January 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this subsection (1)(c), with axle and tire size weight limitations established in RCW 46.44.042 and length limitations established in RCW 46.44.030 and 46.44.0941.
(2) Except as provided in subsection (1)(b) and (c) of this section, the department may issue special permits to vehicles operating in a heavy haul industrial corridor to carry weight in excess of weight limits established in RCW 46.44.041. However, the excess weight on a single axle, tandem axle, or any axle group must not exceed that allowed by RCW 46.44.091 (1) and (2), weight per tire must not exceed six hundred pounds per inch width of tire, and gross vehicle weight must not exceed one hundred five thousand five hundred pounds.
(3) The entity operating or hiring vehicles under subsection (1)(b) of this section or moving overweight sealed containers used in international trade must pay a fee for each special permit of one hundred dollars per month or one thousand dollars annually, beginning from the date of issue, for all movements under the special permit made on state highways within a heavy haul industrial corridor. Within a port district property, under no circumstances are the for hire carriers or rail customers responsible for the purchase or cost of the permits. All funds collected, except the amount retained by authorized agents of the department under RCW 46.44.096, must be forwarded to the state treasurer and deposited in the motor vehicle fund.
(4) For purposes of this section, an overweight sealed container used in international trade, including its contents, is considered nondivisible when transported within a heavy haul industrial corridor defined by the department.
(5) Any agreement entered into by the department as authorized under this section with a port district adjacent to Puget Sound and located within a county that has a population of more than seven hundred thousand, but less than one million, must limit the applicability of any established heavy haul corridor to that portion of state route no. 509 beginning at milepost 0.25 in the vicinity of East 'D' Street and ending at milepost 5.7 in the vicinity of Norpoint Way Northeast.
(6) The department of transportation may adopt reasonable rules to implement this section.
[ 2016 c 26 s 1; 2013 c 115 s 1; 2012 c 86 s 804; 2011 c 115 s 1; 2008 c 89 s 1; 2005 c 311 s 1. ]
NOTES:
Effective date—2016 c 26: "This act takes effect January 1, 2017." [ 2016 c 26 s 2.]
Effective date—2013 c 115: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013." [ 2013 c 115 s 2.]
Effective date—2012 c 86: See note following RCW 47.76.360.
Special permits may not be issued for movements on any state highway outside the limits of any city or town in excess of the following widths:
On two-lane highways, fourteen feet;
On multiple-lane highways where a physical barrier serving as a median divider separates opposing traffic lanes, twenty feet;
On multiple-lane highways without a physical barrier serving as a median divider, thirty-two feet.
These limits apply except under the following conditions:
(1) In the case of buildings, the limitations referred to in this section for movement on any two lane state highway other than the national system of interstate and defense highways may be exceeded under the following conditions: (a) Controlled vehicular traffic shall be maintained in one direction at all times; (b) the maximum distance of movement shall not exceed five miles; additional contiguous permits shall not be issued to exceed the five-mile limit: PROVIDED, That when the department of transportation determines a hardship would result, this limitation may be exceeded upon approval of the department of transportation; (c) prior to issuing a permit a qualified transportation department employee shall make a visual inspection of the building and route involved determining that the conditions listed herein shall be complied with and that structures or overhead obstructions may be cleared or moved in order to maintain a constant and uninterrupted movement of the building; (d) special escort or other precautions may be imposed to assure movement is made under the safest possible conditions, and the Washington state patrol shall be advised when and where the movement is to be made;
(2) Permits may be issued for widths of vehicles in excess of the preceding limitations on highways or sections of highways which have been designed and constructed for width in excess of such limitations;
(3) Permits may be issued for vehicles with a total outside width, including the load, of nine feet or less when the vehicle is equipped with a mechanism designed to cover the load pursuant to RCW 46.61.655;
(4) These limitations may be rescinded when certification is made by military officials, or by officials of public or private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary movement or action: PROVIDED FURTHER, That in the judgment of the department of transportation the structures and highway surfaces on the routes involved are capable of sustaining widths in excess of such limitation;
(5) These limitations shall not apply to movement during daylight hours on any two lane state highway where the gross weight, including load, does not exceed eighty thousand pounds and the overall width of load does not exceed sixteen feet: PROVIDED, That the minimum and maximum speed of such movements, prescribed routes of such movements, the times of such movements, limitation upon frequency of trips (which limitation shall be not less than one per week), and conditions to assure safety of traffic may be prescribed by the department of transportation or local authority issuing such special permit.
The applicant for any special permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular state highways for which permit to operate is requested and whether such permit is requested for a single trip or for continuous operation.
[ 2006 c 334 s 18; 1989 c 398 s 2; 1981 c 63 s 1; 1977 ex.s. c 151 s 32; 1975-'76 2nd ex.s. c 64 s 15; 1970 ex.s. c 9 s 1; 1969 ex.s. c 281 s 60; 1965 ex.s. c 170 s 39; 1963 ex.s. c 3 s 54; 1961 c 12 s 46.44.092. Prior: 1959 c 319 s 29; 1955 c 146 s 2; 1951 c 269 s 36; prior: 1949 c 221 s 3, part; 1947 c 200 s 7, part; 1945 c 177 s 1, part; 1937 c 189 s 55, part; Rem. Supp. 1949 s 6360-55, part. ]
NOTES:
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
The department of transportation or the local authority is authorized to issue or withhold such special permit at its discretion, although where a mobile home is being moved, the verification of a valid license under chapter 46.70 RCW as a mobile home dealer or manufacturer, or under chapter 46.76 RCW as a transporter, shall be done by the department or local government. If the permit is issued, the department or local authority may limit the number of trips, establish seasonal or other time limitations within which the vehicle described may be operated on the public highways indicated, or otherwise limit or prescribe conditions of operation of the vehicle or vehicles when necessary to assure against undue damage to the road foundation, surfaces, or structures or safety of traffic and may require such undertaking or other security as may be deemed necessary to compensate for injury to any roadway or road structure.
[ 1988 c 239 s 3; 1984 c 7 s 55; 1961 c 12 s 46.44.093. Prior: 1951 c 269 s 37; prior: 1949 c 221 s 3, part; 1947 c 200 s 7, part; 1945 c 177 s 1, part; 1937 c 189 s 55, part; Rem. Supp. 1949 s 6360-55, part. ]
The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected, except the amount retained by authorized agents of the department as provided in RCW 46.44.096, shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single
trip. . . .$ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
30 days. . . .$ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed 30 days. . . .$ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds 53 feet and is not
more than 56 feet in length, for
a period of one year. . . .$ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed 61 feet and
are not more than 68 feet in
length, for a period of one year. . . .$ 100.00
Continuous operation of a combination of
vehicles having two trailing units
hauling fluid/liquid nondivisible milk,
which together exceed 61 feet and
are not more than 85 feet in length, for
a period of one year. . . .$ 300.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to exceed 30 days. . . .$ 70.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
30 days. . . .$ 90.00
Continuous movement of a mobile home or manufactured
home having nonreducible features not to
exceed 85 feet in total length and
14 feet in width, for a period of
one year. . . .$ 150.00
Continuous operation of a class C tow truck or a
class E tow truck with a class C rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year. . . .$ 150.00
Continuous operation of a class B tow truck or a
class E tow truck with a class B rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year. . . .$ 75.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional 6,000
pounds more than the weight authorized in
RCW 46.16A.455 on the rear axle of a two-axle
truck or 8,000 pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system. . . .$ 42.00
per thousand pounds
The department may issue any of the above-listed permits that involve height, length, or width for an expanded period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period. . . .$ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year. . . .$ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period. . . .$ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year. . . .$ 100.00
| Overweight Fee Schedule | | | | | --- | --- | --- | --- | | Excess weight over legal capacity, as provided in RCW 46.44.041. | Cost per mile. | | | | 0- 9,999 pounds | . . . . | $ | .07 | | 10,000-14,999 pounds | . . . . | $ | .14 | | 15,000-19,999 pounds | . . . . | $ | .21 | | 20,000-24,999 pounds | . . . . | $ | .28 | | 25,000-29,999 pounds | . . . . | $ | .35 | | 30,000-34,999 pounds | . . . . | $ | .49 | | 35,000-39,999 pounds | . . . . | $ | .63 | | 40,000-44,999 pounds | . . . . | $ | .79 | | 45,000-49,999 pounds | . . . . | $ | .93 | | 50,000-54,999 pounds | . . . . | $ | 1.14 | | 55,000-59,999 pounds | . . . . | $ | 1.35 | | 60,000-64,999 pounds | . . . . | $ | 1.56 | | 65,000-69,999 pounds | . . . . | $ | 1.77 | | 70,000-74,999 pounds | . . . . | $ | 2.12 | | 75,000-79,999 pounds | . . . . | $ | 2.47 | | 80,000-84,999 pounds | . . . . | $ | 2.82 | | 85,000-89,999 pounds | . . . . | $ | 3.17 | | 90,000-94,999 pounds | . . . . | $ | 3.52 | | 95,000-99,999 pounds | . . . . | $ | 3.87 | | 100,000 pounds | . . . . | $ | 4.25 |
The fee for weights in excess of 100,000 pounds is $4.25 plus 50 cents for each 5,000 pound increment or portion thereof exceeding 100,000 pounds.
PROVIDED: (a) The minimum fee for any overweight permit shall be $14.00, (b) the fee for issuance of a duplicate permit shall be $14.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an amount less than even dollars the fee shall be carried to the next full dollar if 50 cents or over and shall be reduced to the next full dollar if 49 cents or under.
The fees levied in this section and RCW 46.44.095 do not apply to vehicles owned and operated by the state of Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government.
[ 2023 c 281 s 1; 2010 c 161 s 1117; 2004 c 109 s 1; 1995 c 171 s 2. Prior: 1994 c 172 s 2; 1994 c 59 s 1; 1993 c 102 s 4; 1990 c 42 s 107; 1989 c 398 s 1; 1985 c 351 s 5; 1983 c 278 s 3; 1979 ex.s. c 113 s 5; 1975-'76 2nd ex.s. c 64 s 16; 1975 1st ex.s. c 168 s 2; 1973 1st ex.s. c 1 s 3; 1971 ex.s. c 248 s 3; 1967 c 174 s 8; 1965 c 137 s 2. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
Effective date—1975 1st ex.s. c 168: See note following RCW 46.44.091.
When a combination of vehicles has been licensed to a total gross weight of 80,000 pounds or when a three or more axle single unit vehicle has been licensed to a total gross weight of 40,000 pounds, a temporary additional tonnage permit to haul loads in excess of these limits may be issued. This permit is valid for periods of not less than five days at two dollars and eighty cents per day for each two thousand pounds or fraction thereof. The fee may not be prorated. The permits shall authorize the movement of loads not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042.
[ 1993 c 102 s 5; 1990 c 42 s 108; 1989 c 398 s 3; 1988 c 55 s 1; 1983 c 68 s 2; 1979 c 158 s 159; 1977 ex.s. c 151 s 33; 1975-'76 2nd ex.s. c 64 s 17; 1974 ex.s. c 76 s 1; 1973 1st ex.s. c 150 s 3; 1969 ex.s. c 281 s 55; 1967 ex.s. c 94 s 15; 1967 c 32 s 51; 1965 ex.s. c 170 s 38; 1961 ex.s. c 7 s 15; 1961 c 12 s 46.44.095. Prior: 1959 c 319 s 31; 1957 c 273 s 18; 1955 c 185 s 1; 1953 c 254 s 13; 1951 c 269 s 39; prior: 1949 c 221 s 3, part; 1947 c 200 s 7, part; 1945 c 177 s 1, part; 1937 c 189 s 55, part; Rem. Supp. 1949 s 6360-55, part. ]
NOTES:
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
In determining fees according to RCW 46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of the department of transportation, and the gross weight of the vehicle or vehicles, including load, shall be declared by the applicant. Overweight on which fees shall be paid will be gross loadings in excess of loadings authorized by law or axle loadings in excess of loadings authorized by law, whichever is the greater. Loads which are overweight and oversize shall be charged the fee for the overweight permit without additional fees being assessed for the oversize features.
Special permits issued under RCW 46.44.047, 46.44.0941, or 46.44.095, may be obtained from offices of the department of transportation, ports of entry, or other agents appointed by the department.
The department may appoint agents for the purposes of selling special motor vehicle permits, temporary additional tonnage permits, and log tolerance permits. Agents so appointed may retain three dollars and fifty cents for each permit sold to defray expenses incurred in handling and selling the permits. If the fee is collected by the department of transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the motor vehicle fund.
The department may select a third party contractor, by means of competitive bid, to perform the department's permit issuance function, as provided under RCW 46.44.090. Factors the department shall consider, but is not limited to, in the selection of a third party contractor are economic benefit to both the department and the motor carrier industry, and enhancement of the overall level of permit service. For purposes of this section, "third party contractor" means a business entity that is authorized by the department to issue special permits. The department of transportation may adopt rules specifying the criteria that a business entity must meet in order to qualify as a third party contractor under this section.
Fees established in RCW 46.44.0941 shall be paid to the political body issuing the permit if the entire movement is to be confined to roads, streets, or highways for which that political body is responsible. When a movement involves a combination of state highways, county roads, and/or city streets the fee shall be paid to the department of transportation. When a movement is confined within the city limits of a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town involved. A permit will not be required from city or town authorities for a move involving a combination of city or town streets and state highways when the move through a city or town is being confined to the route of the state highway. When a move involves a combination of county roads and city streets the fee shall be paid to the county authorities, but the fee shall not be collected nor the county permit issued until valid permits are presented showing that the city or town authorities approve of the move in question. When the movement involves only county roads the fees collected shall be paid to the county involved. Fees established shall be paid to the political body issuing the permit if the entire use of the vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political body is responsible.
[ 2006 c 334 s 19; 1996 c 92 s 1; 1993 c 102 s 6; 1989 c 398 s 4; 1984 c 7 s 56; 1975-'76 2nd ex.s. c 64 s 18; 1971 ex.s. c 248 s 4; 1969 ex.s. c 281 s 31; 1961 c 12 s 46.44.096. Prior: 1955 c 185 s 2; 1951 c 269 s 40; prior: 1949 c 221 s 3, part; 1947 c 200 s 7, part; 1945 c 177 s 1, part; 1937 c 189 s 55, part; Rem. Supp. 1949 s 6360-55, part. ]
NOTES:
Effective date—2006 c 334: See note following RCW 47.01.051.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
If the congress of the United States further amends section 127, Title 23 of the United States Code, authorizing increased sizes and weights, the Washington state department of transportation may authorize the operation of vehicles and combinations of vehicles upon completed portions of the interstate highway system and other designated state highways if determined to be capable of accommodating the increased sizes and weights in excess of those prescribed in RCW 46.44.041, or as provided in RCW 46.44.010 and 46.44.037. The permitted increases shall not in any way exceed the federal limits which would jeopardize the state's allotment of federal funds.
[ 1984 c 7 s 57; 1975-'76 2nd ex.s. c 64 s 19; 1965 c 38 s 1. ]
NOTES:
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
The department of transportation may, within the provisions set forth in this chapter, adopt rules for size and weight criteria relating to vehicles considered to be specialized equipment by the federal highway administration for interstate travel or as determined by the department for intrastate travel.
[ 2005 c 189 s 3. ]
(1)(a) Except as provided in (c) of this subsection, a violation of any of the provisions of this chapter is a traffic infraction, and upon the first finding thereof shall be assessed a basic penalty of not less than fifty dollars; and upon a second finding thereof shall be assessed a basic penalty of not less than seventy-five dollars; and upon a third or subsequent finding shall be assessed a basic penalty of not less than one hundred dollars.
(b)(i) Except as provided in (c) of this subsection, in addition to the penalties imposed in (a) of this subsection, any person violating RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 shall be assessed a penalty for each pound overweight, as follows:
(A) One pound through four thousand pounds overweight is three cents for each pound;
(B) Four thousand one pounds through ten thousand pounds overweight is one hundred twenty dollars plus twelve cents per pound for each additional pound over four thousand pounds overweight;
(C) Ten thousand one pounds through fifteen thousand pounds overweight is eight hundred forty dollars plus sixteen cents per pound for each additional pound over ten thousand pounds overweight;
(D) Fifteen thousand one pounds through twenty thousand pounds overweight is one thousand six hundred forty dollars plus twenty cents per pound for each additional pound over fifteen thousand pounds overweight;
(E) Twenty thousand one pounds and more is two thousand six hundred forty dollars plus thirty cents per pound for each additional pound over twenty thousand pounds overweight.
(ii) Upon a first violation in any calendar year, the court may suspend the penalty for five hundred pounds of excess weight for each axle on any vehicle or combination of vehicles, not to exceed a two thousand pound suspension. Except as specified in (c) of this subsection, in no case may the basic penalty assessed in (a) of this subsection or the additional penalty assessed in (b) of this subsection, except as provided for the first violation, be suspended.
(c)(i) The penalties in (a) and (b) of this subsection are not applicable and a written warning must be issued when a traffic infraction for a violation of RCW 46.44.041 occurs and the following applies:
(A) A vehicle or combination of vehicles carrying farm products, as defined in RCW 7.48.310, from the field where the farm product was grown or harvested, exceeds the gross vehicle weight limits in RCW 46.44.041 by five percent or less; and
(B) The driver of the vehicle has not been issued a traffic infraction or has received no more than one written warning for a violation of RCW 46.44.041 within the calendar year in which the violation occurs.
(ii) The state patrol must track the issuance of written warnings issued for RCW 46.44.041 for the purposes of determining whether a violation of RCW 46.44.041 is the first in a calendar year.
(2) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same power unit, suspend the certificate of license registration for not less than thirty days.
(3) It is unlawful for the driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section. It is unlawful for a driver of a commercial motor vehicle as defined in RCW 46.32.005, other than the driver of a bus as defined in RCW 46.32.005(3) or a vehicle with a gross vehicle weight rating or gross combination weight rating of 7,257 kilograms or less (16,000 pounds or less) and not transporting hazardous materials in accordance with RCW 46.32.005(4), to fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open. However, unladen tow trucks regardless of weight and farm vehicles carrying farm produce with a gross vehicle weight rating or gross combination weight rating of 11,794 kilograms or less (26,000 pounds or less) may fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open.
Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing either by means of a portable or stationary scale and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted by law. If the vehicle is loaded with grain or other perishable commodities, the driver shall be permitted to proceed without removing any of the load, unless the gross weight of the vehicle and load exceeds by more than ten percent the limit permitted by this chapter. The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator.
Any vehicle whose driver or owner represents that the vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by any police officer. The owner or driver shall be directed that upon completion of repairs, the vehicle shall submit to weighing with the load and markings and/or seal intact and undisturbed. Failure to report for weighing, appearing for weighing with the seal broken or the markings disturbed, or removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined one thousand dollars, and in addition the certificate of license registration shall be suspended for not less than thirty days.
(4) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.
(5) For the purpose of determining additional penalties as provided by subsection (1)(b) of this section, "overweight" means the poundage in excess of the maximum allowable gross weight or axle/axle grouping weight prescribed by RCW 46.44.041, 46.44.042, 46.44.047, 46.44.091, and 46.44.095.
(6) The penalties provided in subsection (1)(a) and (b) of this section shall be remitted as provided in chapter 3.62 RCW or RCW 10.82.070. For the purpose of computing the basic penalties and additional penalties to be imposed under subsection (1)(a) and (b) of this section, the convictions shall be on the same vehicle or combination of vehicles within a twelve-month period under the same ownership.
(7) Any state patrol officer or any weight control officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of transportation which may return it to the permittee or revoke, cancel, or suspend it without refund. The department of transportation shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transportation shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before the department of transportation or person designated by that department. After the hearing the department of transportation may reinstate any permit or revise its previous action.
Every permit issued as provided for in this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting such a permit.
Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued under RCW 46.44.095, the permit shall be canceled, and the canceled permit shall be immediately transmitted by the court or the arresting officer to the department of transportation. The vehicle covered by the canceled permit is not eligible for a new permit for a period of thirty days.
(8) For the purposes of determining gross weights the actual scale weight taken by the arresting officer is prima facie evidence of the total gross weight.
(9) It is a traffic infraction to direct the loading of a vehicle with knowledge that it violates the requirements in RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 and that it is to be operated on the public highways of this state.
(10) The chief of the state patrol, with the advice of the department, may adopt reasonable rules to aid in the enforcement of this section.
[ 2019 c 439 s 1; 2007 c 419 s 13. Prior: 2006 c 297 s 1; 2006 c 50 s 4; 2002 c 254 s 1; 1999 c 23 s 1; 1996 c 92 s 2; 1993 c 403 s 4; 1990 c 217 s 1; 1985 c 351 s 6; 1984 c 258 s 327; 1984 c 7 s 58; 1979 ex.s. c 136 s 75; 1975-'76 2nd ex.s. c 64 s 23. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
(1) Any person operating any vehicle or moving any object or conveyance upon any public highway in this state or upon any bridge or elevated structure that is a part of any such public highway is liable for all damages that the public highway, bridge, elevated structure, or other state property may sustain, as well as payment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, as a result of any illegal operation of the vehicle or the moving of any such object or conveyance or as a result of the operation or moving of any vehicle, object, or conveyance weighing in excess of the legal weight limits allowed by law.
(2) This section applies to any person operating any vehicle or moving any object or contrivance in any illegal or negligent manner or without a special permit as provided by law for vehicles, objects, or contrivances that are overweight, overwidth, overheight, or overlength. Any person operating any vehicle is liable for any damage to any public highway, bridge, elevated structure, or other state property sustained, as well as payment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, as the result of any negligent operation thereof. When the operator is not the owner of the vehicle, object, or contrivance but is operating or moving it with the express or implied permission of the owner, the owner and the operator are jointly and severally liable for any such damage.
(3)(a) Such damage to any state highway, structure, or other state property may be recovered in a civil action instituted in the name of the state of Washington by the department of transportation or other affected state agency. Any measure of damage determined by the department of transportation to its highway, bridge, elevated structure, or other property under this section is prima facie the amount of damage caused thereby and is presumed to be the amount recoverable in any civil action therefor. The damages available under this section include the incident response costs, including traffic control, incurred by the department of transportation.
(b) Costs attributable to vehicle recovery, impound, and storage charges for any registered tow truck operator dispatched by law enforcement or other state or local agency may be recovered in a civil action instituted by the registered tow truck operator. The amount of nonpayment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency under this section is presumed to be the amount recoverable in any civil action therefor and must not exceed the amounts established under the fee schedule adopted pursuant to RCW 46.55.118.
[ 2024 c 320 s 1; 2009 c 393 s 1; 1984 c 7 s 59; 1961 c 12 s 46.44.110. Prior: 1937 c 189 s 57; RRS 6360-57. ]
Whenever an act or omission is declared to be unlawful in chapter 46.44 RCW, the owner or lessee of any motor vehicle involved in such act or omission is responsible therefor. Any person knowingly and intentionally participating in creating an unlawful condition of use, is also subject to the penalties provided in this chapter for such unlawful act or omission.
If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee.
[ 1980 c 104 s 2; 1971 ex.s. c 148 s 1; 1969 ex.s. c 69 s 1. ]
The limitations of RCW 46.44.010, 46.44.020, 46.44.030, and 46.44.041 shall not apply to the movement of farm implements of less than forty-five thousand pounds gross weight, a total length of seventy feet or less, and a total outside width of fourteen feet or less when being moved while patrolled, flagged, lighted, signed, and at a time of day in accordance with rules hereby authorized to be adopted by the department of transportation and the statutes. Violation of a rule adopted by the department as authorized by this section or a term of this section is a traffic infraction.
[ 1979 ex.s. c 136 s 76; 1975-'76 2nd ex.s. c 64 s 20; 1975 1st ex.s. c 168 s 3; 1973 1st ex.s. c 1 s 1. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455.
Effective date—1975 1st ex.s. c 168: See note following RCW 46.44.091.
In addition to any other special permits authorized by law, special permits may be issued by the department of transportation for a quarterly or annual period upon such terms and conditions as it finds proper for the movement of (1) farm implements used for the cutting or threshing of mature crops; or (2) other farm implements that may be identified by rule of the department of transportation. Any farm implement moved under this section must comply with RCW 46.44.091, have a gross weight of less than sixty-five thousand pounds, and have a total outside width of less than twenty feet while being moved, and such movement must be patrolled, flagged, lighted, signed, at a time of day, and otherwise in accordance with rules hereby authorized to be adopted by the department of transportation for the control of such movements.
Applications for and permits issued under this section shall provide for a description of the farm implements to be moved, the approximate dates of movement, and the routes of movement so far as they are reasonably known to the applicant at the time of application, but the permit shall not be limited to these circumstances but shall be general in its application except as limited by the statutes and rules adopted by the department of transportation.
A copy of the governing permit shall be carried on the farm implement being moved during the period of its movement. The department shall collect a fee as provided in RCW 46.44.0941.
Violation of a term or condition under which a permit was issued, of a rule adopted by the department of transportation as authorized by this section, or of a term of this section is a traffic infraction.
[ 2008 c 76 s 1; 1984 c 7 s 60; 1979 ex.s. c 136 s 77; 1973 1st ex.s. c 1 s 2. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The state, county, or city authority having responsibility for the reconstruction or improvement of any public highway may, subject to prescribed conditions and limitations, authorize vehicles employed in such highway reconstruction or improvement to exceed the gross weight limitations contained in RCW 46.44.041 and 46.44.042 without a special permit or additional fees as prescribed by chapter 46.44 RCW, but only while operating within the boundaries of project limits as defined in the public works contract or plans.
[ 1983 c 3 s 121; 1975 1st ex.s. c 63 s 1. ]
(1) Any person moving a mobile home as defined in RCW 46.04.302 or a park model trailer as defined in RCW 46.04.622 upon public highways of the state must obtain:
(a) A special permit from the department of transportation and local authorities pursuant to RCW 46.44.090 and 46.44.093 and must pay the proper fee as prescribed by RCW 46.44.0941 and 46.44.096; and
(b) For mobile homes constructed before June 15, 1976, and already situated in the state: (i) A certification from the department of labor and industries that the mobile home was inspected for fire safety; or (ii) an affidavit in the form prescribed by the department of commerce signed by the owner at the county treasurer's office at the time of the application for the movement permit stating that the mobile home is being moved by the owner for his or her continued occupation or use; or (iii) a copy of the certificate of title together with an affidavit signed under penalty of perjury by the certified owner stating that the mobile home is being transferred to a wrecking yard or similar facility for disposal. In addition, the destroyed mobile home must be removed from the assessment rolls of the county and any outstanding taxes on the destroyed mobile home must be removed by the county treasurer.
(2) A special permit issued as provided in subsection (1) of this section for the movement of any mobile home or a park model trailer that is assessed for purposes of property taxes is not valid until the county treasurer of the county in which the mobile home or park model trailer is located must endorse or attach his or her certificate that all property taxes which are a lien or which are delinquent, or both, upon the mobile home or park model trailer being moved have been satisfied. Further, any mobile home or park model trailer required to have a special movement permit under this section must display an easily recognizable decal. However, endorsement or certification by the county treasurer and the display of the decal is not required:
(a) When a mobile home or park model trailer is to enter the state or is being moved from a manufacturer or distributor to a retail sales outlet or directly to the purchaser's designated location or between retail and sales outlets;
(b) When a signed affidavit of destruction is filed with the county assessor and the mobile home or park model trailer is being moved to a disposal site by a landlord as defined in RCW 59.20.030 after (i) the mobile home or park model trailer has been abandoned as defined in RCW 59.20.030; or (ii) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the mobile home or park model trailer and title has been lawfully transferred to the landlord. The mobile home or park model trailer will be removed from the tax rolls and, upon notification by the assessor, any outstanding taxes on the destroyed mobile home or park model trailer will be removed by the county treasurer; or
(c) When a signed affidavit of destruction is filed with the county assessor by any mobile home or park model trailer owner or any property owner with an abandoned mobile home or park model trailer, the same must be removed from the tax rolls and upon notification by the assessor, any outstanding taxes on the destroyed mobile home or park model trailer must be removed by the county treasurer.
(3) Except as provided in RCW 84.56.335(1), if the landlord of a manufactured/mobile home park takes ownership of a manufactured/mobile home or park model trailer with the intent to resell or rent the same under RCW 59.20.030 after (a) the manufactured/mobile home or park model trailer has been abandoned as defined in RCW 59.20.030; or (b) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the manufactured/mobile home or park model trailer and title has been lawfully transferred to the landlord, the outstanding taxes become the responsibility of the landlord.
(4) It is the responsibility of the owner of the mobile home or park model trailer subject to property taxes or the agent to obtain the endorsement and decal from the county treasurer before a mobile home or park model trailer is moved.
(5) This section does not prohibit the issuance of vehicle license plates for a mobile home or park model trailer subject to property taxes, but plates may not be issued unless the mobile home or park model trailer subject to property taxes for which plates are sought has been listed for property tax purposes in the county in which it is principally located and the appropriate fee for the license has been paid.
(6) The department of transportation, the department of labor and industries, and local authorities are authorized to adopt reasonable rules for implementing the provisions of this section. The department of transportation must adopt rules specifying the design, reflective characteristics, annual coloration, and for the uniform implementation of the decal required by this section. The department of labor and industries must adopt procedures for notifying destination local jurisdictions concerning the arrival of mobile homes that failed safety inspections.
[ 2013 c 198 s 2; 2010 c 161 s 1118; 2005 c 399 s 1; 2004 c 79 s 4; 2003 c 61 s 1; 2002 c 168 s 6; 1986 c 211 s 4. Prior: 1985 c 395 s 1; 1985 c 22 s 1; 1980 c 152 s 1; 1977 ex.s. c 22 s 2. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
(1) Upon validation of a special permit as provided in RCW 46.44.170, the county treasurer shall forward notice of movement of the mobile home or park model trailer subject to property taxes to the treasurer's own county assessor and to the county assessor of the county in which the mobile home or park model trailer will be located.
(2) When a single trip special permit not requiring tax certification is issued, the department of transportation or the local authority shall notify the assessor of the county in which the mobile home or park model trailer is to be located. When a continuous trip special permit is used to transport a mobile home or park model trailer not requiring tax certification, the transporter shall notify the assessor of the county in which the mobile home or park model trailer is to be located. Notification is not necessary when the destination of a mobile home or park model trailer is a manufacturer, distributor, retailer, or location outside the state.
(3) A notification under this section shall state the specific, residential destination of the mobile home or park model trailer.
[ 2002 c 168 s 7; 1984 c 7 s 61; 1977 ex.s. c 22 s 3. ]
NOTES:
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
(1) Failure of any person or agent acting for a person who causes to be moved or moves a mobile home as defined in RCW 46.04.302 upon public highways of this state and failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for which a penalty of not less than one hundred dollars or more than five hundred dollars shall be assessed. In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days.
(2) Any person who shall alter, reuse, transfer, or forge the decal required by RCW 46.44.170, or who shall display a decal knowing it to have been forged, reused, transferred, or altered, shall be guilty of a gross misdemeanor.
(3) Any person or agent who is denied a special permit or whose special permit is suspended may upon request receive a hearing before the department of transportation or the local authority having jurisdiction. The department or the local authority after such hearing may revise its previous action.
[ 2003 c 53 s 239; 1995 c 38 s 11; 1994 c 301 s 15; 1985 c 22 s 2; 1979 ex.s. c 136 s 78; 1977 ex.s. c 22 s 4. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Acts of municipal officers ratified and confirmed—1995 c 38: See note following RCW 3.02.045.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
(1) It is unlawful for a person, other than an employee of a dealer or other principal licensed to transport mobile homes within this state acting within the course of employment with the principal, to operate a pilot vehicle accompanying a mobile home, as defined in RCW 46.04.302, being transported on the public highways of this state, without maintaining insurance for the pilot vehicle in the minimum amounts of:
(a) One hundred thousand dollars for bodily injury to or death of one person in any one accident;
(b) Three hundred thousand dollars for bodily injury to or death of two or more persons in any one accident; and
(c) Fifty thousand dollars for damage to or destruction of property of others in any one accident.
(2) Satisfactory evidence of the insurance shall be carried at all times by the operator of the pilot vehicle, which evidence shall be displayed upon demand by a police officer.
(3) Failure to maintain the insurance as required by this section is a gross misdemeanor.
(4) Failure to carry or disclose the evidence of the insurance as required by this section is a misdemeanor.
[ 2003 c 53 s 240; 1980 c 153 s 3. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) As used in this section, "firefighting apparatus" means a vehicle or combination of vehicles, owned by a regularly organized fire suppression agency, designed, maintained, and used exclusively for fire suppression and rescue or for fire prevention activities. These vehicles and associated loads or equipment are necessary to protect the public safety and are considered nondivisible loads. A vehicle or combination of vehicles that is not designed primarily for fire suppression including, but not limited to, a hazardous materials response vehicle, bus, mobile kitchen, mobile sanitation facility, and heavy equipment transport vehicle is not a firefighting apparatus for purposes of this section.
(2) Firefighting apparatus must comply with all applicable federal and state vehicle operating and safety criteria, including rules adopted by agencies within each jurisdiction.
(3) All owners and operators of firefighting apparatus shall comply with current information, provided by the department, regarding the applicable load restrictions of state and local bridges within the designated fire service area, including any automatic or mutual aid agreement areas.
(4) Firefighting apparatus operating within a fire district or municipal department boundary of the owner of the apparatus, including any automatic or mutual aid agreement areas, may operate without a permit if:
(a) The weight does not exceed:
(i) 600 pounds per inch width of tire;
(ii) 24,000 pounds on a single axle;
(iii) 43,000 pounds on a tandem axle set;
(iv) 67,000 pounds gross vehicle weight, subject to the gross weight limits of RCW 46.44.091(1) (c), (d), and (e);
(v) The tire manufacturer's tire load rating.
(b) There is no tridem axle set.
(c) The dimensions do not exceed:
(i) 8 feet, 6 inches wide;
(ii) 14 feet high;
(iii) 65 feet overall length;
(iv) 15 foot front overhang;
(v) Rear overhang not exceeding the length of the wheel base.
(5) Operators of firefighting apparatus that exceed the weight limits in subsection (4) of this section must apply for an overweight permit with the department. The maximum weight a firefighting apparatus may weigh is 50,000 pounds on the tandem axle set and 31,000 pounds on a single drive axle, and may not exceed 670 pounds per inch width of tire. The maximum weight limit must include the weight of a full water tank, if applicable, all equipment necessary for operation, and the normal number of personnel usually assigned to be on board, or four personnel, whichever is greater. At least four personnel must be physically present at the time the apparatus is weighed.
(6) When applying for a permit, a current weight slip from a certified scale must be attached to the department's application form. Upon receiving an application, the department shall transmit it to the local jurisdictions in which the firefighting apparatus will be operating, so that the local jurisdictions can make a determination on the need for local travel and route restrictions within the operating area. The department shall issue a permit within twenty days of receiving a permit application and shall issue the permit on an annual basis for the apparatus to operate on the state highway system, with reference made to applicable load restrictions and any other limitations stipulated on the permit, including limitations placed by local jurisdictions.
(7) Firefighting apparatus in operation in this state before June 13, 2002, and privately owned industrial firefighting apparatus used for purposes of providing emergency response and mutual aid are each exempt from subsections (4) and (5) of this section. However, operators of the exempt firefighting apparatus must still obtain an annual permit under subsection (6) of this section.
(8) Firefighting apparatus without the proper overweight permits are prohibited from being operated on city, county, or state roadways until the apparatus is within legal weight limits and a current permit has been issued by the department. When the permit is issued, the fire district must notify the Washington state patrol that the apparatus is in compliance with overweight permit regulations.
(9) The Washington state patrol may conduct random spot checks of firefighting apparatus to ensure compliance with overweight permit regulations. If a firefighting apparatus is found to be not in compliance with overweight permit regulations, the state patrol shall issue a violation notice to the fire department stating this fact and prohibiting operation of the apparatus on city, county, and state roadways.
(10) It is a traffic infraction to continue to operate a firefighting apparatus on the roadways after a violation notice has been issued. The following penalties apply:
(a) For a first offense, the penalty will be no less than fifty dollars but no more than fifty dollars;
(b) For a second offense, the penalty will be no less than seventy-five dollars;
(c) For a third or subsequent offense, the penalty will be no less than one hundred dollars.
(11) No individual liability attaches to an employee or volunteer of the penalized fire department.
[ 2015 c 16 s 1; 2002 c 231 s 1; 2001 c 262 s 3. ]
(1) Upon entering the state, any vehicle or combination of vehicles with a gross vehicle weight rating of more than forty thousand pounds and transporting cattle must immediately stop at a port of entry, which is operated by the Washington state patrol.
(2) The requirement of subsection (1) of this section does not apply to the operator of a vehicle in possession of a pasture permit or cattle consigned to a public auction or sales yard. Nothing in this subsection shall be construed to authorize a vehicle to bypass an open weigh station or port of entry.
(3) Operation of any vehicle or combination of vehicles in violation of this section is prima facie evidence that the owner of the vehicle or combination of vehicles caused or permitted the vehicle or combination of vehicles to be so operated, and the owner is liable for any penalties imposed under this section.
(4) The penalty for failure to comply with this section is one thousand dollars. All fines collected under this section must be deposited in the motor vehicle fund established under RCW 46.68.070 to be used for road maintenance purposes.
(5) The requirements and penalties in this section apply only in a county located east of the crest of the Cascade mountains with a population of at least four hundred fifty thousand and an adjacent county with a population of at least thirteen thousand but less than fifteen thousand.
(6) The Washington state patrol must provide a one-time written notification of the requirements of this section to affected carriers known to have previously entered the state of Washington in the counties described in subsection (5) of this section. The notification requirement is not a defense for a driver from enforcement action if found in violation of this section. Notification must be provided by August 1, 2011.
[ 2011 c 242 s 1. ]
(1) The Washington state patrol acting by and through the chief of the Washington state patrol has the authority to adopt and enforce the regulations promulgated by the United States department of transportation, 49 C.F.R. Parts 100 through 199, transportation of hazardous materials, as these regulations apply to motor carriers offering, accepting, storing, or transporting hazardous materials and to persons that inspect, certify, test, or repair cargo tank motor vehicles. "Motor carrier" means any person engaged in the transportation of passengers or property operating interstate and intrastate upon the public highways of this state, except certain agricultural operations as outlined in 49 C.F.R. Sec. 173.5.
(2) The chief of the Washington state patrol may confer with the emergency management council under RCW 38.52.040 and may make rules and regulations pertaining thereto, sufficient to protect persons and property from unreasonable risk of harm or damage. The chief of the Washington state patrol may establish such additional rules not inconsistent with 49 C.F.R. Parts 100 through 199, transportation of hazardous materials, which for compelling reasons make necessary the reduction of risk associated with the transportation of hazardous materials.
(3) No such rules may lessen a standard of care; however, the chief of the Washington state patrol may, after conferring with the emergency management council, establish a rule imposing a more stringent standard of care. The chief of the Washington state patrol must appoint the necessary qualified personnel to carry out the provisions of this chapter.
[ 2014 c 154 s 2; 1988 c 81 s 19; 1980 c 20 s 1; 1961 c 12 s 46.48.170. Prior: 1951 c 102 s 1; 1949 c 101 s 1; Rem. Supp. 1949 s 6360-63a. ]
Each violation of any rules and/or regulations made pursuant to RCW 46.48.170 or 81.80.290 pertaining to vehicle equipment on motor carriers transporting hazardous material shall be a misdemeanor.
Bail for such a violation shall be set at a minimum of one hundred dollars. The fine for such a violation shall be not less than two hundred dollars nor more than five hundred dollars. Compliance with the provisions of this chapter is the primary responsibility of the owner or lessee of the vehicle or any vehicle used in combination that is cited in the violation.
[ 1980 c 104 s 1; 1961 c 12 s 46.48.175. Prior: 1951 c 102 s 2. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
The chief of the Washington state patrol shall direct the necessary qualified personnel to inspect the cargo of any motor carriers vehicle transporting hazardous material, inspect for proper securing, and inspect for the combined loading of cargo which would be inconsistent with the provisions of Title 49 C.F.R., parts 100 through 199. Authorized personnel inspecting loads of hazardous material shall do so in the presence of a representative of the motor carrier. Seal and locking devices may be removed as necessary to facilitate the inspection. The seals or locking devices removed shall be replaced by the Washington state patrol with a written form approved by the chief to certify seal or locking device removal for inspection of the cargo.
[ 1980 c 20 s 3. ]
(1) The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident resulting only in damage to property fixed or placed upon or adjacent to any public highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator and owner of the vehicle striking such property, or shall leave in a conspicuous place upon the property struck a written notice, giving the name and address of the operator and of the owner of the vehicle so striking the property, and such person shall further make report of such accident as in the case of other accidents upon the public highways of this state.
(3) Any person violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 241; 1979 ex.s. c 136 s 79; 1961 c 12 s 46.52.010. Prior: 1937 c 189 s 133; RRS s 6360-133; 1927 c 309 s 50, part; RRS s 6362-50, part. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100.
(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.
(2)(a) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.
(b) A law enforcement officer or representative of the department of transportation may cause a motor vehicle, cargo, or debris to be moved from the roadway; and neither the department of transportation representative, nor anyone acting under the direction of the officer or the department of transportation representative is liable for damage to the motor vehicle, cargo, or debris caused by reasonable efforts of removal.
(3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.
(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.
(b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, is punishable according to chapter 9A.20 RCW.
(c) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident involving striking the body of a deceased person is guilty of a gross misdemeanor.
(d) This subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying with this section.
(5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.
(6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.
(7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.
[ 2002 c 194 s 1; 2001 c 145 s 1; 2000 c 66 s 1; 1990 c 210 s 2; 1980 c 97 s 1; 1979 ex.s. c 136 s 80; 1975-'76 2nd ex.s. c 18 s 1. Prior: 1975 1st ex.s. c 210 s 1; 1975 c 62 s 14; 1967 c 32 s 53; 1961 c 12 s 46.52.020; prior: 1937 c 189 s 134; RRS s 6360-134; 1927 c 309 s 50, part; RRS s 6362-50, part. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 97: "This 1980 act shall take effect on July 1, 1980." [ 1980 c 97 s 3.]
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1975 c 62: See note following RCW 36.75.010.
Arrest of person violating duty in case of injury to or death of person or damage to attended vehicle: RCW 10.31.100.
(1) Unless a report is to be made by a law enforcement officer under subsection (3) of this section, the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within four days after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits accident reports from being filed by drivers where damage to property is less than the minimum amount or where a law enforcement officer has submitted a report.
(2) The original of the report shall be immediately forwarded by the authority receiving the report to the chief of the Washington state patrol at Olympia, Washington. The Washington state patrol shall give the department of licensing full access to the report.
(3) Any law enforcement officer who investigates an accident for which a report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 46.52.070.
(4) The chief of the Washington state patrol may require any driver of any vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report in the chief's opinion is insufficient, and may likewise require witnesses of any such accident to render reports. For this purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department, coroner, sheriff, and any other suitable agency or individual, sample forms of accident reports required hereunder, which reports shall be upon a form devised by the chief of the Washington state patrol and shall call for sufficiently detailed information to disclose all material facts with reference to the accident to be reported thereon, including the location, the circumstances, the conditions then existing, the persons and vehicles involved, the insurance information required under RCW 46.30.030, personal injury or death, if any, the amounts of property damage claimed, the total number of vehicles involved, whether the vehicles were legally parked, legally standing, or moving, whether such vehicles were occupied at the time of the accident, and whether any driver involved in the accident was distracted at the time of the accident. Distractions contributing to an accident must be reported on the accident form and include at least the following minimum reporting options: Not distracted; operating a handheld electronic telecommunication device; operating a hands-free wireless telecommunication device; other electronic devices (including, but not limited to, PDA's, laptop computers, navigational devices, etc.); adjusting an audio or entertainment system; smoking; eating or drinking; reading or writing; grooming; interacting with children, passengers, animals, or objects in the vehicle; other inside distractions; outside distractions; and distraction unknown. Every required accident report shall be made on a form prescribed by the chief of the Washington state patrol and each authority charged with the duty of receiving such reports shall provide sufficient report forms in compliance with the form devised. The report forms shall be designated so as to provide that a copy may be retained by the reporting person.
(5) The chief of the Washington state patrol shall adopt rules establishing the accident-reporting threshold for property damage accidents. Beginning October 1, 1987, the accident-reporting threshold for property damage accidents shall be five hundred dollars. The accident-reporting threshold for property damage accidents shall be revised when necessary, but not more frequently than every two years. The revisions shall only be for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the time period since the last revision.
[ 2005 c 171 s 1; 1997 c 248 s 1; 1996 c 183 s 1; 1989 c 353 s 5; 1987 c 463 s 2; 1981 c 30 s 1; 1979 c 158 s 160; 1979 c 11 s 2. Prior: 1977 ex.s. c 369 s 2; 1977 ex.s. c 68 s 1; 1969 ex.s. c 40 s 2; 1967 c 32 s 54; 1965 ex.s. c 119 s 1; 1961 c 12 s 46.52.030; prior: 1943 c 154 s 1; 1937 c 189 s 135; RRS s 6360-135. ]
NOTES:
Effective date—2005 c 171: "This act takes effect January 1, 2006." [ 2005 c 171 s 3.]
Effective date—1997 c 248: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 2, 1997]." [ 1997 c 248 s 2.]
Effective date—1996 c 183: "This act takes effect July 1, 1996." [ 1996 c 183 s 3.]
Effective date—1989 c 353: See RCW 46.30.901.
The director may suspend the license or permit to drive and any nonresident operating privileges of any person failing to report an accident as provided in RCW 46.52.030 until such report has been filed.
[ 1988 c 8 s 1; 1965 ex.s. c 119 s 2. ]
Whenever the driver of the vehicle involved in any accident, concerning which accident report is required, is physically incapable of making the required accident report and there is another occupant other than a passenger for hire therein, in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report. Upon recovery such driver shall make such report in the manner required by law.
[ 1967 c 32 s 55; 1961 c 12 s 46.52.040. Prior: 1937 c 189 s 136; RRS s 6360-136. ]
Every coroner or other official performing like functions shall on or before the tenth day of each month, report in writing to the sheriff of the county in which he or she holds office and to the chief of the Washington state patrol the death of any person within his or her jurisdiction during the preceding calendar month as a result of an accident involving any vehicle, together with the circumstances of such accident.
[ 2010 c 8 s 9059; 1961 c 12 s 46.52.050. Prior: 1937 c 189 s 137; RRS s 6360-137. ]
It shall be the duty of the chief of the Washington state patrol to file, tabulate, and analyze all accident reports and to publish annually, immediately following the close of each fiscal year, and monthly during the course of the year, statistical information based thereon showing the number of accidents, the location, the frequency, whether any driver involved in the accident was distracted at the time of the accident and the circumstances thereof, and other statistical information which may prove of assistance in determining the cause of vehicular accidents. Distractions contributing to an accident to be reported must include at least the following: Not distracted; operating a handheld electronic telecommunication device; operating a hands-free wireless telecommunication device; other electronic devices (including, but not limited to, PDA's, laptop computers, navigational devices, etc.); adjusting an audio or entertainment system; smoking; eating or drinking; reading or writing; grooming; interacting with children, passengers, animals, or objects in the vehicle; other inside distractions; outside distractions; and distraction unknown.
Such accident reports and analysis or reports thereof shall be available to the director of licensing, the department of transportation, the utilities and transportation commission, the traffic safety commission, and other public entities authorized by the chief of the Washington state patrol, or their duly authorized representatives, for further tabulation and analysis for pertinent data relating to the regulation of highway traffic, highway construction, vehicle operators and all other purposes, and to publish information so derived as may be deemed of publication value.
[ 2005 c 171 s 2; 1998 c 169 s 1; 1979 c 158 s 161; 1977 c 75 s 67; 1967 c 32 s 56; 1961 c 12 s 46.52.060. Prior: 1937 c 189 s 138; RRS s 6360-138. ]
NOTES:
Effective date—2005 c 171: See note following RCW 46.52.030.
Every coroner or other official performing like functions shall submit to the state toxicologist a blood sample taken from all drivers and all pedestrians who are killed in any traffic accident where the death occurred within four hours after the accident. Blood samples shall be taken and submitted in the manner prescribed by the state toxicologist. The state toxicologist shall analyze these blood samples to determine the concentration of alcohol and, where feasible, the presence of drugs or other toxic substances. The reports and records of the state toxicologist relating to analyses made pursuant to this section shall be confidential: PROVIDED, That the results of these analyses shall be reported to the state patrol and made available to the prosecuting attorney or law enforcement agency having jurisdiction: PROVIDED FURTHER, That the results of these analyses may be admitted in evidence in any civil or criminal action where relevant and shall be made available to the parties to any such litigation on application to the court.
[ 1977 ex.s. c 50 s 1; 1971 ex.s. c 270 s 1. ]
(1) Any police officer of the state of Washington or of any county, city, town, or other political subdivision, present at the scene of any accident or in possession of any facts concerning any accident whether by way of official investigation or otherwise shall make report thereof in the same manner as required of the parties to such accident and as fully as the facts in his or her possession concerning such accident will permit.
(2) The police officer shall report to the department, on a form prescribed by the director: (a) When a collision has occurred that results in a fatality; and (b) the identity of the operator of a vehicle involved in the collision when the officer has reasonable grounds to believe the operator caused the collision.
(3) The police officer shall report to the department, on a form prescribed by the director: (a) When a collision has occurred that results in substantial bodily harm as defined in RCW 9A.04.110(4)(b); (b) the identity of the operator of a vehicle involved in the collision when the officer has reasonable grounds to believe the operator who caused the substantial bodily harm may not be competent to operate a motor vehicle; and (c) the reason or reasons for the officer's belief.
[ 2023 c 29 s 1; 2010 c 8 s 9060; 1999 c 351 s 2; 1998 c 165 s 8; 1967 c 32 s 57; 1961 c 12 s 46.52.070. Prior: 1937 c 189 s 139; RRS s 6360-139. ]
NOTES:
Effective date—1998 c 165 ss 8-14: "Sections 8 through 14 of this act take effect January 1, 1999." [ 1998 c 165 s 15.]
Short title—1998 c 165: See note following RCW 43.59.010.
All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the county prosecuting attorney and chief of police or county sheriff, as the case may be, and the director of licensing and the chief of the Washington state patrol, and other officer or commission as authorized by law, except that any such officer shall disclose the names and addresses of persons reported as involved in an accident or as witnesses thereto, the vehicle license plate numbers and descriptions of vehicles involved, and the date, time and location of an accident, to any person who may have a proper interest therein, including the driver or drivers involved, or the legal guardian thereof, the parent of a minor driver, any person injured therein, the owner of vehicles or property damaged thereby, or any authorized representative of such an interested party, or the attorney or insurer thereof. No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the chief of the Washington state patrol solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law: PROVIDED, That the reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of RCW 46.52.088.
[ 1979 c 158 s 162; 1975 c 62 s 15; 1967 c 32 s 58; 1965 ex.s. c 119 s 3; 1961 c 12 s 46.52.080. Prior: 1937 c 189 s 140; RRS s 6360-140. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
All of the factual data submitted in report form by the officers, together with the signed statements of all witnesses, except the reports signed by the drivers involved in the accident, shall be made available upon request to the interested parties named in RCW 46.52.080.
[ 1965 ex.s. c 119 s 4. ]
Any information authorized for release under RCW 46.52.080 and 46.52.083 may be furnished in written form for a fee sufficient to meet, but not exceed, the costs incurred. All fees received by the Washington state patrol for such copies shall be deposited in the motor vehicle fund.
[ 1979 c 34 s 1; 1971 ex.s. c 91 s 5; 1965 ex.s. c 119 s 5. ]
A person shall not give information in oral or written reports as required in chapter 46.52 RCW knowing that such information is false.
[ 1975 c 62 s 16. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) Any person, firm, corporation, or association engaged in the business of repairs of any kind to vehicles or any person, firm, corporation, or association which may at any time engage in any kind of major repair, restoration, or substantial alteration to a vehicle required to be licensed or registered under this title shall maintain verifiable records regarding the source of used major component parts used in such repairs, restoration, or alteration. Satisfactory records include but are not limited to personal identification of the seller if such parts were acquired from other than a vehicle wrecker licensed under chapter 46.80 RCW, signed work orders, and bills of sale signed by the seller whose identity and address has been verified describing parts acquired, and the make, model, and vehicle identification number of a vehicle from which the following parts are removed: (a) Engines and short blocks, (b) frames, (c) transmissions and transfer cases, (d) cabs, (e) doors, (f) front or rear differentials, (g) front or rear clips, (h) quarter panels or fenders, (i) bumpers, (j) truck beds or boxes, (k) seats, and (l) hoods.
(2) The records required under subsection (1) of this section shall be kept for a period of four years and shall be made available for inspection by a law enforcement officer during ordinary business hours.
(3) It is a gross misdemeanor to: (a) Acquire a part without a substantiating bill of sale or invoice from the parts supplier or fail to comply with any rules adopted under this section; (b) fail to obtain the vehicle identification number for those parts requiring that it be obtained; or (c) fail to keep records for four years or to make such records available during normal business hours to a law enforcement officer.
(4) The chief of the Washington state patrol shall adopt rules for the purpose of regulating recordkeeping and parts acquisition by vehicle repairers, restorers, rebuilders, or those who perform substantial vehicle alterations.
(5) The provisions of this section do not apply to major repair, restoration, or alteration of a vehicle thirty years of age or older.
[ 2003 c 53 s 242; 1983 c 142 s 1; 1967 c 32 s 59; 1961 c 12 s 46.52.090. Prior: 1937 c 189 s 141; RRS s 6360-141. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) Every district court, municipal court, and clerk of a superior court shall keep or cause to be kept a record of every traffic complaint, traffic citation, notice of infraction, or other legal form of traffic charge deposited with or presented to the court or a traffic violations bureau, and shall keep a record of every official action by the court or its traffic violations bureau regarding the charge, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, finding that a traffic infraction has been committed, dismissal of a notice of infraction, and the amount of fine, forfeiture, or penalty resulting from every traffic charge deposited with or presented to the court or traffic violations bureau. In the case of a record of a conviction for a violation of RCW 46.61.502 or 46.61.504, and notwithstanding any other provision of law, the court shall maintain the record permanently.
(2) After the conviction, forfeiture of bail, or finding that a traffic infraction was committed for a violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, the clerk of the court in which the conviction was had, bail was forfeited, or the finding of commission was made shall prepare and immediately forward to the director of licensing at Olympia an abstract of the court record covering the case. Report need not be made of a finding involving the illegal parking or standing of a vehicle.
(3) The abstract must be made upon a form or forms furnished by the director and must include the name and address of the party charged, the number, if any, of the party's driver's or chauffeur's license, the registration number of the vehicle involved if required by the director, the nature of the offense, the date of hearing, the plea, the judgment, whether the offense was an alcohol-related offense as defined in RCW 46.01.260(2), whether the incident that gave rise to the offense charged resulted in a fatality, whether bail was forfeited, whether the determination that a traffic infraction was committed was contested, and the amount of the fine, forfeiture, or penalty, as the case may be.
(4) In courts where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the department of licensing, the court may electronically provide the information required in subsections (2), (3), and (5) of this section.
(5) The superior court clerk shall also forward a like report to the director upon the conviction of a person of a felony in the commission of which a vehicle was used.
(6) The director shall keep all abstracts received under this section at the director's office in Olympia. The abstracts must be open to public inspection during reasonable business hours.
(7) The officer, prosecuting attorney, or city attorney signing the charge or information in a case involving a charge of driving under the influence of intoxicating liquor or any drug shall immediately request from the director an abstract of convictions and forfeitures. The director shall furnish the requested abstract.
[ 2006 c 327 s 6; 1999 c 86 s 4. ]
(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident and whether or not the accident resulted in any fatality.
(2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, the director of the Washington traffic safety commission, and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be admitted into evidence in any court, except where relevant to the prosecution or defense of a criminal charge, or in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.
(3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. The director shall also suspend a person's driver's license if the person fails to attend or complete a driver improvement interview or fails to abide by conditions of probation under RCW 46.20.335. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.
[ 2017 c 147 s 9; 2016 c 197 s 4. Prior: 1998 c 218 s 1; 1998 c 165 s 10; 1993 c 501 s 12; 1992 c 32 s 3; 1989 c 178 s 23; 1988 c 38 s 2; 1984 c 99 s 1; 1982 c 52 s 1; 1979 ex.s. c 136 s 83; 1977 ex.s. c 356 s 1; 1967 c 32 s 62; 1961 c 12 s 46.52.120; prior: 1937 c 189 s 144; RRS s 6360-144. ]
NOTES:
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Effective dates—1989 c 178: See RCW 46.25.901.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Upon a proper request, the department may only furnish information contained in an abstract of a person's driving record as permitted under this section.
(1) Contents of abstract of driving record. An abstract of a person's driving record, whenever possible, must include:
(a) An enumeration of motor vehicle accidents in which the person was driving, including:
(i) The total number of vehicles involved;
(ii) Whether the vehicles were legally parked or moving;
(iii) Whether the vehicles were occupied at the time of the accident; and
(iv) Whether the accident resulted in a fatality;
(b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;
(c) The status of the person's driving privilege in this state; and
(d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.
(2) Release of abstract of driving record. Unless otherwise required in this section, the release of an abstract does not require a signed statement by the subject of the abstract. An abstract of a person's driving record may be furnished to the following persons or entities:
(a) Named individuals. (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.
(ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract or that named individual's attorney, provided that the named individual has a pending or open infraction or criminal case in that court. A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge. An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections. A probation clerk or probation officer employed by the court may also provide a copy of the driver's abstract to a treatment agency in accordance with (f) of this subsection. Courts may charge a reasonable fee for the production and copying of the abstract for the individual unless the person is indigent as defined in RCW 10.101.010.
(b) Employers or prospective employers. (i) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or agents acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.
(ii) The department may provide employers or their agents a three-year insurance carrier driving record of existing employees only for the purposes of sharing the driving record with its insurance carrier for underwriting. Employers may not provide the employees' full driving records to its insurance carrier.
(iii) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or the agent(s) acting on behalf of an employer or prospective employer of the named individual for purposes unrelated to driving by the individual when a driving record is required by federal or state law, or the employee or prospective employee will be handling heavy equipment or machinery.
(iv) Release of an abstract of the driving record of an employee or prospective employee requires a statement signed by: (A) The employee or prospective employee that authorizes the release of the record; and (B) the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer. If the employer or prospective employer authorizes agents to obtain this information on their behalf, this must be noted in the statement. The statement must also note that any information contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee may not be used by the employer or prospective employer, or an agent authorized to obtain this information on their behalf, unless required by federal regulation or law. The employer or prospective employer must afford the employee or prospective employee an opportunity to demonstrate that an adjudication contained in the abstract is subject to a court order sealing the juvenile record.
(v) Upon request of the person named in the abstract provided under this subsection, and upon that same person furnishing copies of court records ruling that the person was not at fault in a motor vehicle accident, the department must indicate on any abstract provided under this subsection that the person was not at fault in the motor vehicle accident.
(vi) No employer or prospective employer, nor any agents of an employer or prospective employer, may use information contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee for any purpose unless required by federal regulation or law. The employee or prospective employee must furnish a copy of the court order sealing the juvenile record to the employer or prospective employer, or the agents of the employer or prospective employer, as may be required to ensure the application of this subsection.
(c) Volunteer organizations. (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.
(ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by: (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization. If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
(d) Transit authorities. An abstract of the full driving record maintained by the department may be furnished to an employee or agents of a transit authority checking prospective or existing volunteer vanpool drivers for insurance and risk management needs.
(e) Insurance carriers. (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agents:
(A) That has motor vehicle or life insurance in effect covering the named individual;
(B) To which the named individual has applied; or
(C) That has insurance in effect covering the employer or a prospective employer of the named individual.
(ii) The abstract provided to the insurance company must:
(A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty, or by registered tow truck operators as defined in RCW 46.55.010 in the performance of their occupational duties while at the scene of a roadside impound or recovery so long as they are not issued a citation. This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;
(B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and
(C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.
(iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.
(iv) Any insurance company or its agents, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment. Any insurance company or its agents, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles. For the purposes of this subsection, "commercial motor vehicle" has the same meaning as in RCW 46.25.010(6).
(f) Alcohol/drug assessment or treatment agencies. An abstract of the full driving record maintained by the department may be furnished to an alcohol/drug assessment or treatment agency approved by the department of health to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, and the abstract must:
(i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2); and
(ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.
(g) Attorneys—City attorneys, county prosecuting attorneys, and named individual's attorney of record. An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys, county prosecuting attorneys, or the named individual's attorney of record. City attorneys, county prosecuting attorneys, or the named individual's attorney of record may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.
(h) State colleges, universities, or agencies, or units of local government. An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031, or their agents, for employment and risk management purposes. "Unit of local government" includes an insurance pool established under RCW 48.62.031.
(i) Superintendent of public instruction. (i) An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records. The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.
(ii) The superintendent of public instruction is exempt from paying the fees related to the reviewing of records and the fee required in subsection (5) of this section.
(j) State and federal agencies. An abstract of the driving record maintained by the department may be furnished to state and federal agencies, or their agents, in carrying out its functions.
(k) Transportation network companies. An abstract of the full driving record maintained by the department may be furnished to a transportation network company or its agents acting on its behalf of the named individual for purposes related to driving by the individual as a condition of being a contracted driver.
(l) Research. (i) The department may furnish driving record data to state agencies and bona fide scientific research organizations. The department may require review and approval by an institutional review board. For the purposes of this subsection, "research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other scientific investigation carried out by a state agency, or by a scientific research professional associated with a bona fide scientific research organization with an objective to contribute to scientific knowledge, the solution of social and health problems, or the evaluation of public benefit and service programs. This definition excludes methods of record analysis and data collection that are subjective, do not permit replication, and are not designed to yield reliable and valid results.
(ii) The state agency, or a scientific research professional associated with a bona fide scientific research organization, are exempt from paying the fees related to the reviewing of records and the fee required in subsection (5) of this section. However, the department may charge a cost-recovery fee for the actual cost of providing the data.
(3) Reviewing of driving records. (a) In addition to the methods described herein, the director may enter into a contractual agreement for the purpose of reviewing the driving records of existing employees for changes to the record during specified periods of time. The department shall establish a fee for this service, which must be deposited in the highway safety fund. The fee for this service must be set at a level that does not result in a net revenue loss to the state. Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.
(b) The department may provide reviewing services to the following entities:
(i) Employers for existing employees, or their agents;
(ii) Transit authorities for current vanpool drivers, or their agents;
(iii) Insurance carriers for current policyholders, or their agents;
(iv) State colleges, universities, or agencies, or units of local government, or their agents;
(v) The office of the superintendent of public instruction for school bus drivers statewide; and
(vi) Transportation network companies, or their agents.
(4) Release to third parties prohibited. (a) Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (l) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.
(b) The following release of records to third parties are hereby authorized:
(i) Employers may divulge driving records to regulatory bodies, as defined by the department by rule, such as the United States department of transportation and the federal motor carrier safety administration.
(ii) Employers may divulge a three-year driving record to their insurance carrier for underwriting purposes.
(iii) Employers may divulge driving records to contracted motor carrier consultants for the purposes of ensuring driver compliance and risk management.
(5) Fees. (a) The director shall collect a $15 fee for each abstract of a person's driving record furnished by the department. After depositing $2 of the driver's abstract fee in the move ahead WA flexible account created in RCW 46.68.520, the remainder shall be distributed as follows:
(i) Fifty percent must be deposited in the highway safety fund; and
(ii) Fifty percent must be deposited according to RCW 46.68.038.
(b) Beginning July 1, 2029, the director shall collect an additional $2 fee for each abstract of a person's driving record furnished by the department. The $2 additional driver's abstract fee must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
(c) City attorneys and county prosecuting attorneys are exempt from paying the fees specified in (a) and (b) of this subsection for an abstract of a person's driving record furnished by the department for use in criminal proceedings.
(6) Violation. (a) Any negligent violation of this section is a gross misdemeanor.
(b) Any intentional violation of this section is a class C felony.
(7) Effective July 1, 2019, the contents of a driving abstract pursuant to this section shall not include any information related to sealed juvenile records unless that information is required by federal law or regulation.
[ 2023 c 118 s 1; 2022 c 182 s 206; 2021 c 93 s 8; 2019 c 99 s 1; 2017 c 43 s 2; 2015 2nd sp.s. c 3 s 12; 2015 c 265 s 4. Prior: 2012 c 74 s 6; 2012 c 73 s 1; 2010 c 253 s 1; 2009 c 276 s 1; 2008 c 253 s 1; 2007 c 424 s 3; 2004 c 49 s 1; 2003 c 367 s 1; prior: 2002 c 352 s 20; 2002 c 221 s 1; 2001 c 309 s 1; 1998 c 165 s 11; 1997 c 66 s 12; prior: 1996 c 307 s 4; 1996 c 183 s 2; 1994 c 275 s 16; 1991 c 243 s 1; 1989 c 178 s 24; prior: 1987 1st ex.s c 9 s 2; 1987 c 397 s 2; 1987 c 181 s 1; 1986 c 74 s 1; 1985 ex.s. c 1 s 11; 1979 ex.s. c 136 s 84; 1977 ex.s. c 356 s 2; 1977 ex.s. c 140 s 1; 1973 1st ex.s. c 37 s 1; 1969 ex.s. c 40 s 3; 1967 c 174 s 2; 1967 c 32 s 63; 1963 c 169 s 65; 1961 ex.s. c 21 s 27. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2022 c 182 ss 205, 206, 209, and 210: See note following RCW 46.20.202.
Intent—2022 c 182: See note following RCW 70A.65.240.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—2010 c 253: "This act takes effect October 31, 2010." [ 2010 c 253 s 3.]
Effective date—2008 c 253: "This act takes effect August 1, 2008." [ 2008 c 253 s 2.]
Effective date—2007 c 424: See note following RCW 46.20.293.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Effective date—1996 c 183: See note following RCW 46.52.030.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1989 c 178: See RCW 46.25.901.
Severability—Effective date—1987 1st ex.s. c 9: See notes following RCW 46.29.050.
Intent—1987 c 397: See note following RCW 46.61.410.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective date—1967 c 174: See note following RCW 46.29.050.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining driving records: RCW 46.68.060.
PDFRCW 46.52.130
Abstract of driving record—Access—Fee—Violations. (Effective June 30, 2029.)
Upon a proper request, the department may only furnish information contained in an abstract of a person's driving record as permitted under this section.
(1) Contents of abstract of driving record. An abstract of a person's driving record, whenever possible, must include:
(a) An enumeration of motor vehicle accidents in which the person was driving, including:
(i) The total number of vehicles involved;
(ii) Whether the vehicles were legally parked or moving;
(iii) Whether the vehicles were occupied at the time of the accident; and
(iv) Whether the accident resulted in a fatality;
(b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;
(c) The status of the person's driving privilege in this state; and
(d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.
(2) Release of abstract of driving record. Unless otherwise required in this section, the release of an abstract does not require a signed statement by the subject of the abstract. An abstract of a person's driving record may be furnished to the following persons or entities:
(a) Named individuals. (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.
(ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract or that named individual's attorney, provided that the named individual has a pending or open infraction or criminal case in that court. A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge. An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections. A probation clerk or probation officer employed by the court may also provide a copy of the driver's abstract to a treatment agency in accordance with (f) of this subsection. Courts may charge a reasonable fee for the production and copying of the abstract for the individual unless the person is indigent as defined in RCW 10.101.010.
(b) Employers or prospective employers. (i) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or agents acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.
(ii) The department may provide employers or their agents a three-year insurance carrier driving record of existing employees only for the purposes of sharing the driving record with its insurance carrier for underwriting. Employers may not provide the employees' full driving records to its insurance carrier.
(iii) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or the agent(s) acting on behalf of an employer or prospective employer of the named individual for purposes unrelated to driving by the individual when a driving record is required by federal or state law, or the employee or prospective employee will be handling heavy equipment or machinery.
(iv) Release of an abstract of the driving record of an employee or prospective employee requires a statement signed by: (A) The employee or prospective employee that authorizes the release of the record; and (B) the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer. If the employer or prospective employer authorizes agents to obtain this information on their behalf, this must be noted in the statement. The statement must also note that any information contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee may not be used by the employer or prospective employer, or an agent authorized to obtain this information on their behalf, unless required by federal regulation or law. The employer or prospective employer must afford the employee or prospective employee an opportunity to demonstrate that an adjudication contained in the abstract is subject to a court order sealing the juvenile record.
(v) Upon request of the person named in the abstract provided under this subsection, and upon that same person furnishing copies of court records ruling that the person was not at fault in a motor vehicle accident, the department must indicate on any abstract provided under this subsection that the person was not at fault in the motor vehicle accident.
(vi) No employer or prospective employer, nor any agents of an employer or prospective employer, may use information contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee for any purpose unless required by federal regulation or law. The employee or prospective employee must furnish a copy of the court order sealing the juvenile record to the employer or prospective employer, or the agents of the employer or prospective employer, as may be required to ensure the application of this subsection.
(c) Volunteer organizations. (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.
(ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by: (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization. If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
(d) Transit authorities. An abstract of the full driving record maintained by the department may be furnished to an employee or agents of a transit authority checking prospective or existing volunteer vanpool drivers for insurance and risk management needs.
(e) Insurance carriers. (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agents:
(A) That has motor vehicle or life insurance in effect covering the named individual;
(B) To which the named individual has applied; or
(C) That has insurance in effect covering the employer or a prospective employer of the named individual.
(ii) The abstract provided to the insurance company must:
(A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030 or 41.26A.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty, or by registered tow truck operators as defined in RCW 46.55.010 in the performance of their occupational duties while at the scene of a roadside impound or recovery so long as they are not issued a citation. This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;
(B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and
(C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.
(iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.
(iv) Any insurance company or its agents, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment. Any insurance company or its agents, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles. For the purposes of this subsection, "commercial motor vehicle" has the same meaning as in RCW 46.25.010(6).
(f) Alcohol/drug assessment or treatment agencies. An abstract of the full driving record maintained by the department may be furnished to an alcohol/drug assessment or treatment agency approved by the department of health to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, and the abstract must:
(i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2); and
(ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.
(g) Attorneys—City attorneys, county prosecuting attorneys, and named individual's attorney of record. An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys, county prosecuting attorneys, or the named individual's attorney of record. City attorneys, county prosecuting attorneys, or the named individual's attorney of record may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.
(h) State colleges, universities, or agencies, or units of local government. An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031, or their agents, for employment and risk management purposes. "Unit of local government" includes an insurance pool established under RCW 48.62.031.
(i) Superintendent of public instruction. (i) An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records. The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.
(ii) The superintendent of public instruction is exempt from paying the fees related to the reviewing of records and the fee required in subsection (5) of this section.
(j) State and federal agencies. An abstract of the driving record maintained by the department may be furnished to state and federal agencies, or their agents, in carrying out its functions.
(k) Transportation network companies. An abstract of the full driving record maintained by the department may be furnished to a transportation network company or its agents acting on its behalf of the named individual for purposes related to driving by the individual as a condition of being a contracted driver.
(l) Research. (i) The department may furnish driving record data to state agencies and bona fide scientific research organizations. The department may require review and approval by an institutional review board. For the purposes of this subsection, "research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other scientific investigation carried out by a state agency, or by a scientific research professional associated with a bona fide scientific research organization with an objective to contribute to scientific knowledge, the solution of social and health problems, or the evaluation of public benefit and service programs. This definition excludes methods of record analysis and data collection that are subjective, do not permit replication, and are not designed to yield reliable and valid results.
(ii) The state agency, or a scientific research professional associated with a bona fide scientific research organization, are exempt from paying the fees related to the reviewing of records and the fee required in subsection (5) of this section. However, the department may charge a cost-recovery fee for the actual cost of providing the data.
(3) Reviewing of driving records. (a) In addition to the methods described herein, the director may enter into a contractual agreement for the purpose of reviewing the driving records of existing employees for changes to the record during specified periods of time. The department shall establish a fee for this service, which must be deposited in the highway safety fund. The fee for this service must be set at a level that does not result in a net revenue loss to the state. Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.
(b) The department may provide reviewing services to the following entities:
(i) Employers for existing employees, or their agents;
(ii) Transit authorities for current vanpool drivers, or their agents;
(iii) Insurance carriers for current policyholders, or their agents;
(iv) State colleges, universities, or agencies, or units of local government, or their agents;
(v) The office of the superintendent of public instruction for school bus drivers statewide; and
(vi) Transportation network companies, or their agents.
(4) Release to third parties prohibited. (a) Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (l) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.
(b) The following release of records to third parties are hereby authorized:
(i) Employers may divulge driving records to regulatory bodies, as defined by the department by rule, such as the United States department of transportation and the federal motor carrier safety administration.
(ii) Employers may divulge a three-year driving record to their insurance carrier for underwriting purposes.
(iii) Employers may divulge driving records to contracted motor carrier consultants for the purposes of ensuring driver compliance and risk management.
(5) Fees. (a) The director shall collect a $15 fee for each abstract of a person's driving record furnished by the department. After depositing $2 of the driver's abstract fee in the move ahead WA flexible account created in RCW 46.68.520, the remainder shall be distributed as follows:
(i) Fifty percent must be deposited in the highway safety fund; and
(ii) Fifty percent must be deposited according to RCW 46.68.038.
(b) Beginning July 1, 2029, the director shall collect an additional $2 fee for each abstract of a person's driving record furnished by the department. The $2 additional driver's abstract fee must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
(c) City attorneys and county prosecuting attorneys are exempt from paying the fees specified in (a) and (b) of this subsection for an abstract of a person's driving record furnished by the department for use in criminal proceedings.
(6) Violation. (a) Any negligent violation of this section is a gross misdemeanor.
(b) Any intentional violation of this section is a class C felony.
(7) Effective July 1, 2019, the contents of a driving abstract pursuant to this section shall not include any information related to sealed juvenile records unless that information is required by federal law or regulation.
[ 2026 c 261 s 463; 2023 c 118 s 1; 2022 c 182 s 206; 2021 c 93 s 8; 2019 c 99 s 1; 2017 c 43 s 2; 2015 2nd sp.s. c 3 s 12; 2015 c 265 s 4. Prior: 2012 c 74 s 6; 2012 c 73 s 1; 2010 c 253 s 1; 2009 c 276 s 1; 2008 c 253 s 1; 2007 c 424 s 3; 2004 c 49 s 1; 2003 c 367 s 1; prior: 2002 c 352 s 20; 2002 c 221 s 1; 2001 c 309 s 1; 1998 c 165 s 11; 1997 c 66 s 12; prior: 1996 c 307 s 4; 1996 c 183 s 2; 1994 c 275 s 16; 1991 c 243 s 1; 1989 c 178 s 24; prior: 1987 1st ex.s c 9 s 2; 1987 c 397 s 2; 1987 c 181 s 1; 1986 c 74 s 1; 1985 ex.s. c 1 s 11; 1979 ex.s. c 136 s 84; 1977 ex.s. c 356 s 2; 1977 ex.s. c 140 s 1; 1973 1st ex.s. c 37 s 1; 1969 ex.s. c 40 s 3; 1967 c 174 s 2; 1967 c 32 s 63; 1963 c 169 s 65; 1961 ex.s. c 21 s 27.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2022 c 182 ss 205, 206, 209, and 210: See note following RCW 46.20.202.
Intent—2022 c 182: See note following RCW 70A.65.240.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—2010 c 253: "This act takes effect October 31, 2010." [ 2010 c 253 s 3.]
Effective date—2008 c 253: "This act takes effect August 1, 2008." [ 2008 c 253 s 2.]
Effective date—2007 c 424: See note following RCW 46.20.293.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Effective date—1996 c 183: See note following RCW 46.52.030.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1989 c 178: See RCW 46.25.901.
Severability—Effective date—1987 1st ex.s. c 9: See notes following RCW 46.29.050.
Intent—1987 c 397: See note following RCW 46.61.410.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Effective date—1967 c 174: See note following RCW 46.29.050.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining driving records: RCW 46.68.060.
(1) A registered tow truck operator, as defined in RCW 46.55.010, vehicle wrecker, as defined in RCW 46.80.010, or scrap processor, as defined in RCW 46.79.010, and scrap metal businesses, as defined in RCW 19.290.010, may apply to the department on a form prescribed by the department for cost reimbursement for the towing, transport, storage, dismantling, and disposal of abandoned recreational vehicles from public property.
(2) The department may only use funds under RCW 46.68.175 for cost reimbursement for the towing, transport, storage, dismantling, and disposal of abandoned recreational vehicles. The department may not authorize reimbursements that total more than ten thousand dollars per vehicle for which cost reimbursements are requested.
(3) After consulting with the 2017 stakeholder group, the department may develop rules including, but not limited to, towing, transport, storage, dismantling, and disposal rates, application form and contents, and cost reimbursement and the reimbursement process, to implement this section.
(4) The department shall convene a stakeholder work group every two years, with the first meeting to be held within twelve months of rule adoption, to make recommendations on rule amendments.
(5) For the purposes of this section, an "abandoned recreational vehicle" means a camper, motor home, or travel trailer that has been impounded from public property, abandoned pursuant to chapter 46.55 RCW, and received no bids at auction, or declared an abandoned junk vehicle by a law enforcement officer, pursuant to chapter 46.55 RCW, while on public property.
[ 2018 c 287 s 5. ]
NOTES:
Findings—Implementation—Effective date—2018 c 287: See notes following RCW 46.55.400.
The definitions set forth in this section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for 120 consecutive hours.
(2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
(3) "Immobilize" means the use of a locking wheel boot that, when attached to the wheel of a vehicle, prevents the vehicle from moving without damage to the tire to which the locking wheel boot is attached.
(4) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds—public and private.
(a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
(5) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(6) "Master log" means the document or an electronic facsimile prescribed by the department and the Washington state patrol in which an operator records transactions involving impounded vehicles.
(7) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
(8) "Residential property" means property that has no more than four living units located on it.
(9) "Suspended license impound" means an impound ordered under RCW 46.55.113 because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345.
(10) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
(11) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(12) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
(13) "Tow truck service" means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(14) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
| Subject to removal after: | | | --- | --- | | (a) | Public locations: | | (i) | Constituting an accident or a traffic hazard as defined in RCW 46.55.113 . . . . Immediately | | (ii) | On a highway and tagged as described in RCW 46.55.085 . . . . 24 hours | | (iii) | In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 . . . . Immediately | | (iv) | Within the right-of-way used by a regional transit authority for high capacity transportation where the vehicle constitutes an obstruction to the operation of high capacity transportation vehicles or jeopardizes public safety. . . . Immediately | | (v) | Within the right-of-way used by a city with a population greater than 700,000 for streetcar operations where the vehicle constitutes an obstruction to the operation of streetcar vehicles or jeopardizes public safety . . . . Immediately | | (b) | Private locations: | | (i) | On residential property . . . . Immediately | | (ii) | On private, nonresidential property, properly posted under RCW 46.55.070 . . . . Immediately | | (iii) | On private, nonresidential property, not posted . . . . 24 hours |
[ 2026 c 99 s 1. Prior: 2023 c 326 s 1; 2022 c 186 s 708; 2005 c 88 s 2; 1999 c 398 s 2; 1998 c 203 s 8; 1994 c 176 s 1; 1991 c 292 s 1; 1989 c 111 s 1; prior: 1987 c 330 s 739; 1987 c 311 s 1; 1985 c 377 s 1. ]
NOTES:
Effective date—2026 c 99: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 18, 2026]." [ 2026 c 99 s 3.]
Effective date—2022 c 186: See note following RCW 47.01.071.
Finding—1998 c 203: See note following RCW 46.55.105.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) A person shall not engage in or offer to engage in the activities of a registered tow truck operator without a current registration certificate from the department of licensing authorizing him or her to engage in such activities.
(2) Any person engaging in or offering to engage in the activities of a registered tow truck operator without the registration certificate required by this chapter is guilty of a gross misdemeanor.
(3) A registered operator who engages in a business practice that is prohibited under this chapter may be issued a notice of traffic infraction under chapter 46.63 RCW and is also subject to the civil penalties that may be imposed by the department under this chapter.
(4) A person found to have committed an offense that is a traffic infraction under this chapter is subject to a monetary penalty of at least two hundred fifty dollars.
(5) All traffic infractions issued under this chapter shall be under the jurisdiction of the district court in whose jurisdiction they were issued.
[ 2003 c 53 s 243; 1989 c 111 s 2; 1985 c 377 s 2. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
A vehicle engaging in the business of recovery of disabled vehicles for monetary compensation, from or on a public road or highway must either be operated by a registered tow truck operator, or someone who at a minimum has insurance in a like manner and amount as prescribed in RCW 46.55.030(3), and have had their tow trucks inspected in a like manner as prescribed by RCW 46.55.040(1). The department shall adopt rules to enforce this section. Failure to comply with this section is a class 1 civil infraction punishable under RCW 7.80.120.
[ 1995 c 360 s 2. ]
(1) Application for licensing as a registered tow truck operator shall be made on forms furnished by the department, shall be accompanied by an inspection certification from the Washington state patrol, shall be signed by the applicant or an agent, and shall include the following information:
(a) The name and address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted;
(b) The names and addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation;
(c) The names and addresses of all employees who serve as tow truck drivers;
(d) Proof of minimum insurance required by subsection (3) of this section;
(e) The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered owner;
(f) Any other information the department may require; and
(g) A certificate of approval from the Washington state patrol certifying that:
(i) The applicant has an established place of business and that mail is received at the address shown on the application;
(ii) The address of any storage locations where vehicles may be stored is correctly stated on the application;
(iii) The place of business has an office area that is accessible to the public without entering the storage area; and
(iv) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the department, where vehicles and their contents can be properly stored and protected.
(2) Before issuing a registration certificate to an applicant the department shall require the applicant to file with the department a surety bond in the amount of five thousand dollars running to the state and executed by a surety company authorized to do business in this state. The bond shall be approved as to form by the attorney general and conditioned that the operator shall conduct his or her business in conformity with the provisions of this chapter pertaining to abandoned or unauthorized vehicles, and to compensate any person, company, or the state for failure to comply with this chapter or the rules adopted hereunder, or for fraud, negligence, or misrepresentation in the handling of these vehicles. Any person injured by the tow truck operator's failure to fully perform duties imposed by this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or county is entitled to recover actual damages, including reasonable attorney's fees against the surety and the tow truck operator. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. As a condition of authority to do business, the operator shall keep the bond in full force and effect. Failure to maintain the penalty value of the bond or cancellation of the bond by the surety automatically cancels the operator's registration.
(3) Before the department may issue a registration certificate to an applicant, the applicant shall provide proof of minimum insurance requirements of:
(a) One hundred thousand dollars for liability for bodily injury or property damage per occurrence; and
(b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not limited to fire and theft, from the time a vehicle comes into the custody of an operator until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required by (a) and (b) of this subsection automatically cancels the operator's registration.
(4) The fee for each original registration and annual renewal is one hundred dollars per company, plus fifty dollars per truck. The department shall forward the registration fee to the state treasurer for deposit in the motor vehicle fund.
(5) The applicant must submit an inspection certificate from the state patrol before the department may issue or renew an operator's registration certificate or tow truck permits.
(6) Upon approval of the application, the department shall issue a registration certificate to the registered operator to be displayed prominently at the operator's place of business.
[ 2010 c 8 s 9061; 1989 c 111 s 3; 1987 c 311 s 2; 1985 c 377 s 3. ]
(1) No registered tow truck operator may:
(a) Except as authorized under RCW 46.55.037, ask for or receive any compensation, gratuity, reward, or promise thereof from a person having control or possession of private property or from an agent of the person authorized to sign an impound authorization, for or on account of the impounding of a vehicle;
(b) Be beneficially interested in a contract, agreement, or understanding that may be made by or between a person having control or possession of private property and an agent of the person authorized to sign an impound authorization;
(c) Have a financial, equitable, or ownership interest in a firm, partnership, association, or corporation whose functions include acting as an agent or a representative of a property owner for the purpose of signing impound authorizations;
(d) Enter into any contract or agreement or offer any program that provides an incentive to a person authorized to order a private impound under RCW 46.55.080 that is related to the authorization of an impound or a number of impounds.
(i) The incentives prohibited by this section may be either monetary or nonmonetary things of value, such as gifts or prizes which are contingent on, or as a reward for the authorization of impounds.
(ii) Gifts of de minimis value that are given in the ordinary course of business and are not tied to any specific decision to authorize an impound or impounds are not prohibited. Permitted gifts would include promotional items such as pens, calendars, cups, and other items labeled with the registered tow truck operator's business information, holiday gifts such as cookies or candy, flowers for occasions such as illness or death, or the cost of a single meal for one person when discussing business.
(iii) The provision of the actual physical signs required by this chapter to be posted on private property and the labor and materials for placing them is not a violation of this section.
(2) This section does not prohibit the registered tow truck operator from collecting the costs of towing, storage, tolls or ferry fares paid, or other services rendered during the course of towing, removing, impounding, or storing of an impounded vehicle as provided by RCW 46.55.120.
(3) A violation of this section is a gross misdemeanor.
[ 2012 c 18 s 1; 2010 c 56 s 1; 1992 c 18 s 1; 1989 c 111 s 4. ]
NOTES:
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
A registered tow truck operator may receive compensation from a private property owner or agent for a private impound of an unauthorized vehicle that has an approximate fair market value equal only to the approximate value of the scrap in it. The private property owner or an agent must authorize the impound under RCW 46.55.080. The registered tow truck operator shall process the vehicle in accordance with this chapter and shall deduct any compensation received from the private property owner or agent from the amount of the lien on the vehicle in accordance with this chapter.
[ 1992 c 18 s 2. ]
(1) A registered operator shall apply for and keep current a tow truck permit for each tow truck of which the operator is the registered owner. Application for a tow truck permit shall be accompanied by a report from the Washington state patrol covering a physical inspection of each tow truck capable of being used by the applicant.
(2) Upon receipt of the fee provided in RCW 46.55.030(4) and a satisfactory inspection report from the state patrol, the department shall issue each tow truck an annual tow truck permit or decal. The class of the tow truck, determined according to RCW 46.55.050, shall be stamped on the permit or decal. The permit or decal shall be displayed on the passenger side of the truck's front windshield.
(3) A tow truck number from the department shall be affixed in a permanent manner to each tow truck.
(4) The Washington state patrol shall conduct annual inspections of tow truck operators' equipment and facilities during the operators' normal business hours. Unscheduled inspections may be conducted without notice at the operator's place of business by an inspector to determine the fitness of a tow truck or facilities. At the time of the inspection, the operator shall provide a paper copy of the master log referred to in RCW 46.55.080.
(5) If at the time of the annual or subsequent inspections the equipment does not meet the requirements of this chapter, and the deficiency is a safety related deficiency, or the equipment is necessary to the truck's performance, the inspector shall cause the registered tow truck operator to remove that equipment from service as a tow truck until such time as the equipment has been satisfactorily repaired. A red tag shall be placed on the windshield of a tow truck taken out of service, and the tow truck shall not provide tow truck service until the Washington state patrol recertifies the truck and removes the tag.
[ 1989 c 111 s 5; 1985 c 377 s 4. ]
(1) Tow trucks shall be classified by towing capabilities, and shall meet or exceed all equipment standards set by the state patrol for the type of tow trucks to be used by an operator.
(2) All tow trucks shall display the firm's name, city of address, and telephone number. This information shall be painted on or permanently affixed to both sides of the vehicle in accordance with rules adopted by the department.
(3) Before a tow truck is put into tow truck service, or when the reinspection of a tow truck is necessary, the district commander of the state patrol shall designate a location and time for the inspection to be conducted. When practicable, the inspection or reinspection shall be made within three business days following the request by the operator.
(4) Failure to comply with any requirement of this section or rules adopted under it is a traffic infraction.
[ 1987 c 330 s 740; 1985 c 377 s 5. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
(1) The address that the tow truck operator lists on his or her application shall be the business location of the firm where its files are kept. Each separate business location requires a separate registration under this chapter. The application shall also list all locations of secure areas for vehicle storage and redemption.
(2) Before an additional lot may be used for vehicle storage, it must be inspected and approved by the state patrol. The lot must also be inspected and approved on an annual basis for continued use.
(3) Each business location must have a sign displaying the firm's name that is readable from the street.
(4) At the business locations listed where vehicles may be redeemed, the registered operator shall post in a conspicuous and accessible location:
(a) All pertinent licenses and permits to operate as a registered tow truck operator;
(b) The current towing and storage charges itemized on a form approved by the department;
(c) The vehicle redemption procedure and rights;
(d) Information supplied by the department as to where complaints regarding either equipment or service are to be directed;
(e) Information concerning the acceptance of commercially reasonable tender as defined in RCW 46.55.120(1)(f).
(5) The department shall adopt rules concerning fencing and security requirements of storage areas, which may provide for modifications or exemptions where needed to achieve compliance with local zoning laws.
(6) On any day when the registered tow truck operator holds the towing services open for business, the business office shall remain open with personnel present who are able to release impounded vehicles in accordance with this chapter and the rules adopted under it. The normal business hours of a towing service shall be from 8:00 a.m. to 5:00 p.m. on weekdays, excluding Saturdays, Sundays, and holidays. The business office may be closed for no more than one hour between the hours of 11:00 a.m. and 1:00 p.m. if a notice is clearly visible at the door with a telephone number at which personnel can be reached to return within no more than one-half of an hour to release an impounded vehicle. If the caller does in fact redeem the vehicle when the personnel returns to release the vehicle, the accrual of charges for storage ceases at the time of the call.
(7) A registered tow truck operator shall maintain personnel who can be contacted twenty-four hours a day to release impounded vehicles within a reasonable time.
(8) A registered operator shall provide access to a telephone for any person redeeming a vehicle, at the time of redemption.
[ 2015 c 227 s 1; 1989 c 111 s 6; 1987 c 311 s 3; 1985 c 377 s 6. ]
(1) An operator shall file a fee schedule with the department. All filed fees must be adequate to cover the costs of service provided. No fees may exceed those filed with the department. At least ten days before the effective date of any change in an operator's fee schedule, the registered tow truck operator shall file the revised fee schedule with the department.
(2) Towing contracts with private property owners shall be in written form and state the hours of authorization to impound, the persons empowered to authorize the impounds, and the present charge of a private impound for the classes of tow trucks to be used in the impound, and must be retained in the files of the registered tow truck operator for three years.
(3) A fee that is charged for tow truck service must be calculated on an hourly basis, and after the first hour must be charged to the nearest quarter hour.
(4) Fees that are charged for the storage of a vehicle, or for other items of personal property registered or titled with the department, must be calculated on a twenty-four hour basis and must be charged to the nearest half day from the time when the operator has unloaded the vehicle and completed the necessary paperwork at the secure storage area. The total amount of time to unload the towed vehicle, complete required paperwork, and reasonably prepare the tow truck to return to service may be charged as part of the tow truck service in fifteen-minute increments not to exceed a total of sixty minutes after the return of the tow truck to the secure storage area. If a portion of any fifteen-minute increment exceeds a total of eight minutes, the total minutes must be rounded up to the next highest fifteen-minute period of total time except in the last fifteen minutes of the total sixty minutes. However, items of personal property registered or titled with the department that are wholly contained within an impounded vehicle are not subject to additional storage fees; they are, however, subject to satisfying the underlying lien for towing and storage of the vehicle in which they are contained.
(5) All billing invoices that are provided to the redeemer of the vehicle, or other items of personal property registered or titled with the department, must be itemized so that the individual fees are clearly discernible.
[ 2017 c 94 s 1; 1995 c 360 s 3; 1989 c 111 s 7. ]
(1) If a tow truck, the registered owner of which is a registered tow truck operator, is to conduct transporter business under chapter 46.76 RCW, the license plate that is required to be displayed under RCW 46.16A.030 must contain an indicator tab that the vehicle is licensed to perform transporter services. The fee for an original transporter's license plate indicator tab for a tow truck, the registered owner of which is a registered tow truck operator, is two dollars. Vehicles that are used to conduct transporter business and are not owned by a registered tow truck operator must follow the requirements of chapter 46.76 RCW.
(2) If a tow truck, the registered owner of which is a registered tow truck operator, is used for a hulk hauler or scrap processor business under chapter 46.79 RCW, the license plate that is required under RCW 46.16A.030 must contain an indicator tab that the vehicle is licensed to perform hulk hauler or scrap processor purposes under the laws of the state of Washington. The fee for a hulk hauler or scrap processor business license plate indicator tab is five dollars for the original tab and two dollars for each additional tab. Vehicles that are used to conduct hulk hauler or scrap processor business and are not owned by a registered tow truck operator must follow the requirements of chapter 46.79 RCW.
(3) If a tow truck, the registered owner of which is a registered tow truck operator, is used for a wrecker business under chapter 46.80 RCW, the license plate displayed that is required under RCW 46.16A.030 must contain an indicator tab that the vehicle is licensed to perform wrecker services. The fee for a wrecker license plate indicator tab is five dollars for the original tab and two dollars for each additional tab. Vehicles that are used to conduct wrecker business and are not owned by a registered tow truck operator must follow the requirements of chapter 46.80 RCW.
(4)(a) The license plate indicator tabs must:
(i) Affix to the license plate required to be displayed under RCW 46.16A.030;
(ii) Clearly identify the business purpose of the licensed vehicle;
(iii) Use some combination of letters and numbers to indicate a vehicle is licensed to conduct transporter business under chapter 46.76 RCW, hulk hauler or scrap processor business under chapter 46.79 RCW, or wrecker business under chapter 46.80 RCW; and
(iv) Be approved by the department.
(b) All other requirements concerning registration and display of plates as required under chapter 46.16A RCW may not conflict with this section.
(5) Chapter 135, Laws of 2018 does not allow for the use of indicator tabs, authorized in this section, on a special or personalized license plate authorized in chapter 46.18 RCW.
[ 2019 c 44 s 6; 2018 c 135 s 2. ]
NOTES:
Effective date—2019 c 44 ss 6 and 7: "Sections 6 and 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2019." [ 2019 c 44 s 9.]
Findings—2018 c 135: "(1) The legislature finds that efficiency and public safety is served by consolidating the multiple license plates currently required on the vehicles of registered tow truck operators. These registered tow truck operators currently have up to four separate license plates that are required to be displayed on the vehicle at all times. The operators have the highest training and qualifications of any towing operators in Washington state.
(2) The legislature further finds that a single unified license plate with separate endorsement tabs prevents confusion and allows for easy identification and review of tow trucks by law enforcement and the motoring public. The unified license plate also saves resources by reducing the need for license plate production and reduces fraud by limiting access to these commercial license plates.
(3) A unified license plate for registered tow truck operators serves the purposes of Washington residents, the motoring public, and law enforcement, and saves money as well." [ 2018 c 135 s 1.]
Effective date—2018 c 135: "This act takes effect June 1, 2019." [ 2018 c 135 s 10.]
(1) No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:
(a) The times a vehicle may be impounded as an unauthorized vehicle; and
(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.
(2) The requirements of subsection (1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization.
(3) The department shall adopt rules relating to the size of the sign required by subsection (1) of this section, its lettering, placement, and the number required.
(4) This section applies to all new signs erected after July 1, 1986. All other signs must meet these requirements by July 1, 1989.
[ 1987 c 311 s 4; 1985 c 377 s 7. ]
NOTES:
Vehicle immobilization unlawful: RCW 46.55.300.
(1) The Washington state patrol shall provide by rule for a uniform impound authorization and inventory form. All law enforcement agencies must use this form for all vehicle impounds after June 30, 2001.
(2) By January 1, 2003, the Washington state patrol shall develop uniform impound procedures, which must include but are not limited to defining an impound and a visual inspection. Local law enforcement agencies shall adopt the procedures by July 1, 2003.
[ 2002 c 279 s 5; 1999 c 398 s 3. ]
(1) If a vehicle is in violation of the time restrictions of RCW 46.55.010(14), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer, authorized regional transit authority representative under the conditions described in RCW 46.55.010(14)(a)(iv), authorized city representative under the conditions described in RCW 46.55.010(14)(a)(v), or other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or an agent if it is on private property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.
(2) The person requesting a private impound or a law enforcement officer, authorized regional transit authority representative, authorized city representative, or public official requesting a public impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound. A registered tow truck operator, employee, or his or her agent may not serve as an agent of a property owner for the purposes of signing an impound authorization or, independent of the property owner, identify a vehicle for impound.
(3) In the case of a private impound, the impound authorization shall include the following statement: "A person authorizing this impound, if the impound is found in violation of chapter 46.55 RCW, may be held liable for the costs incurred by the vehicle owner."
(4) A registered tow truck operator shall record and keep in the operator's files the date and time that a vehicle is put in the operator's custody and released. The operator shall make an entry into a master log regarding transactions relating to impounded vehicles. The operator shall make this master log available, upon request, to representatives of the department or the state patrol.
(5) A person who engages in or offers to engage in the activities of a registered tow truck operator may not be associated in any way with a person or business whose main activity is authorizing the impounding of vehicles.
[ 2026 c 99 s 2; 2023 c 326 s 2. Prior: 2022 c 186 s 709; 2018 c 22 s 12; 1999 c 398 s 4; 1989 c 111 s 8; 1987 c 311 s 5; 1985 c 377 s 8. ]
NOTES:
Effective date—2026 c 99: See note following RCW 46.55.010.
Effective date—2022 c 186: See note following RCW 47.01.071.
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
(1) A law enforcement officer discovering an unauthorized vehicle left within a highway right-of-way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense;
(d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have committed the traffic infraction of littering—abandoned vehicle; and
(e) The address and telephone number where additional information may be obtained.
(2) If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his or her department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
(3) If the vehicle is not removed within twenty-four hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle's removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety includes the business location of a registered tow truck operator.
[ 2010 c 8 s 9062; 2002 c 279 s 6; 1993 c 121 s 1; 1987 c 311 s 6. Formerly RCW 46.52.170 and 46.52.180. ]
(1) All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the application filed with the department.
(2) All vehicles and stored personal belongings shall be handled and returned in substantially the same condition as they existed before being towed.
(3) For purposes of this subsection [section], "personal belongings" means personal property and contents in a vehicle, with the exception of those items of personal property that are registered or titled with the department. For a period of twenty days from impound, personal belongings shall be kept intact, and shall be returned to the vehicle's owner or agent during normal business hours upon request and presentation of a driver's license or other sufficient identification. A vehicle's owner or agent may retrieve personal belongings from the vehicle and request that the registered tow truck operator store the personal belongings for a period of thirty days from the date of signing a personal belongings storage request form. If a personal belongings storage request form is not submitted, personal belongings not claimed within twenty days from the date of the impound are considered abandoned and may be disposed of at the registered tow truck operator's discretion. If a personal belongings storage request form is submitted to the registered tow truck operator, personal belongings not claimed within thirty days of the date the personal belongings storage request form is submitted are considered abandoned and may be disposed of at the registered tow truck operator's discretion. Abandoned personal belongings may be sold at auction with the vehicle to fulfill a lien against the vehicle. The department shall adopt rules prescribing the content and format of the personal belongings storage request form.
(4) Tow truck drivers shall have a Washington state driver's license endorsed for the appropriate classification under chapter 46.25 RCW or the equivalent issued by another state.
(5) Any person who shows proof of ownership or written authorization from the impounded vehicle's registered or legal owner or the vehicle's insurer may view the vehicle without charge during normal business hours.
[ 2019 c 401 s 1; 1995 c 360 s 4; 1989 c 178 s 25; 1987 c 311 s 7; 1985 c 377 s 9. ]
NOTES:
Effective dates—1989 c 178: See RCW 46.25.901.
(1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information.
(2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator's possession after the one hundred twenty hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold that is not a suspended license impound. The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold that is not a suspended license impound is no longer in effect.
(3) Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy-two hours.
(4) Within fourteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the department. The vehicle buyer information sent to the department on the abandoned vehicle report relieves the previous owner of the vehicle from any civil or criminal liability for the operation of the vehicle from the date of sale thereafter and transfers full liability for the vehicle to the buyer. By January 1, 2003, the department shall create a system enabling tow truck operators the option of sending the portion of the abandoned vehicle report that contains the vehicle's buyer information to the department electronically.
(5) If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle's or other property's owners.
[ 2002 c 279 s 9; 1999 c 398 s 5; 1998 c 203 s 9; 1995 c 360 s 5; 1991 c 20 s 1; 1989 c 111 s 9; 1987 c 311 s 8; 1985 c 377 s 10. ]
NOTES:
Finding—1998 c 203: See note following RCW 46.55.105.
(1) Except as provided in subsection (4) of this section, the abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(2) If an unauthorized vehicle is found abandoned under subsection (1) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of the traffic infraction of "littering—abandoned vehicle," unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other monetary penalty payable under chapter 46.63 RCW, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner's rights in a civil action or as restitution in a criminal action against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.650 (1) through (3) relieves the last registered owner of liability under subsections (1) and (2) of this section. However, if there is a reason to believe that a report of sale has been filed in which the reported buyer did not know of the alleged transfer or did not accept the vehicle transfer, the liability remains with the last registered owner to prove the vehicle transfer was made pursuant to a legal transfer or accepted by the person reported as the new owner on the report of sale. If the date of sale as indicated on the report of sale is before the date of impoundment, the buyer identified on the latest properly filed report of sale with the department is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction. If the date of sale is after the date of impoundment, the previous registered owner is assumed to be liable for such costs. A licensed vehicle dealer is not liable under subsections (1) and (2) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under RCW 46.12.660. In that case the person to whom the licensed vehicle dealer has sold or transferred the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(5) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.101, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of traffic infraction to the department under RCW 46.63.070(6), a traffic infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking violation.
(6) A notice of infraction for a violation of this section may be filed with a court of limited jurisdiction organized under Title 3, 35, or 35A RCW, or with a violations bureau subject to the court's jurisdiction.
(7)(a) A person named as a buyer in a report of sale filed under RCW 46.12.650(3) in which there was no acceptance of the transfer has a cause of action against the person who filed the report to recover costs associated with towing, storage, auction, or any other damages incurred as a result of being named as the buyer in the report of sale, including reasonable attorneys' fees and litigation costs. The cause of action provided in this subsection (7)(a) is in addition to any other remedy available to the person at law or in equity.
(b) A person named as a seller in a report of sale filed under RCW 46.12.650(3) in which the named buyer falsely alleges that there was no acceptance of the transfer has a cause of action against the named buyer to recover damages incurred as a result of the allegation, including reasonable attorneys' fees and litigation costs. The cause of action in this subsection (7)(b) is in addition to any other remedy available to the person at law or in equity.
[ 2016 c 86 s 2; 2010 c 161 s 1119; 2002 c 279 s 10; 1999 c 86 s 5; 1998 c 203 s 2; 1995 c 219 s 4; 1993 c 314 s 1. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Finding—1998 c 203: "The legislature finds that the license to drive a motor vehicle on the public highways is suspended or revoked in order to protect public safety following a driver's failure to comply with the laws of this state. Over six hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are injured. It is estimated that of the three million four hundred thousand drivers' licenses issued to citizens of Washington, more than two hundred sixty thousand are suspended or revoked at any given time. Suspended drivers are more likely to be involved in causing traffic accidents, including fatal accidents, than properly licensed drivers, and pose a serious threat to the lives and property of Washington residents. Statistics show that suspended drivers are three times more likely to kill or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not having a driver's license, most such drivers also lack required liability insurance, increasing the financial burden upon other citizens through uninsured losses and higher insurance costs for validly licensed drivers. Because of the threat posed by suspended drivers, all registered owners of motor vehicles in Washington have a duty to not allow their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended or revoked license, an estimated seventy-five percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a suspended or revoked license from driving. It is common for suspended drivers to resume driving immediately after being stopped, cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving is pending. More than half of all suspended drivers charged with the crime of driving while suspended or revoked fail to appear for court hearings. Vehicle impoundment will provide an immediate consequence which will increase deterrence and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle impoundment will also provide an appropriate measure of accountability for registered owners who permit suspended drivers to drive their vehicles. Impoundment of vehicles driven by suspended drivers has been shown to reduce future driving while suspended or revoked offenses for up to two years afterwards, and the recidivism rate for drivers whose cars were not impounded was one hundred percent higher than for drivers whose cars were impounded. In order to adequately protect public safety and to enforce the state's driver licensing laws, it is necessary to authorize the impoundment of any vehicle when it is found to be operated by a driver with a suspended or revoked license in violation of RCW 46.20.342 and 46.20.420. The impoundment of a vehicle operated in violation of RCW 46.20.342 or 46.20.420 is intended to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have violated these laws." [ 1998 c 203 s 1.]
Suspension of driver's license for failure to respond to notice of traffic infraction: RCW 46.20.289.
(1)(a) When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound.
(b) The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
(c) The notification must include a notice that the registered tow truck operator will store personal belongings found in the vehicle at no cost if the vehicle's owner or agent is present to retrieve the personal belongings from the vehicle and sign a personal belongings storage request form before the date of auction. If the vehicle's owner calls a registered tow truck operator to inquire about the impounded vehicle, the registered tow truck operator shall inform the owner of the owner's ability to retrieve any personal belongings from the vehicle and to request the registered tow truck operator to store the personal belongings by signing a personal belongings storage request form before the date of auction. Registered tow truck operators shall store personal belongings at no cost for thirty days from the date the personal belongings are removed from the vehicle by the owner and the vehicle's owner or agent has signed a personal belongings storage request form. Registered tow truck operators shall maintain a record of any signed personal belongings storage request form.
(2) In addition, if a suspended license impound has been ordered, the notice must state the length of the impound, the requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle will immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out in RCW 46.55.120(1)(c) regarding the payment of the costs of removal, towing, and storage as well as providing proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
(3) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the legal and registered owners from the department through the abandoned vehicle report, the tow truck operator shall send by first-class mail a notice of custody and sale to the legal and registered owners and of the penalties for the traffic infraction littering—abandoned vehicle. The notice must include a notice that the registered tow truck operator will store personal belongings found in the vehicle at no cost if the vehicle's owner or agent is present to retrieve the personal belongings from the vehicle and sign a personal belongings storage request form before the date of auction. The tow truck operator shall obtain a certificate of mailing from the United States postal service when notice is mailed.
(4) If the date on which a notice required by subsection (3) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(5) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
[ 2019 c 401 s 2; 2017 c 43 s 1; 2002 c 279 s 11; 1999 c 398 s 6; 1998 c 203 s 3; 1995 c 360 s 6; 1989 c 111 s 10; 1987 c 311 s 9; 1985 c 377 s 11. ]
NOTES:
Finding—1998 c 203: See note following RCW 46.55.105.
(1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342 or 46.20.345, the vehicle is subject to summary impoundment, pursuant to the terms and conditions of an applicable local ordinance or state agency rule at the direction of a law enforcement officer.
(2) In addition, a police officer may take custody of a vehicle, at his or her discretion, and provide for its prompt removal to a place of safety under any of the following circumstances:
(a) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(b) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
(d) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
(e) Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504;
(f) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(g) Whenever a vehicle without a special license plate, placard, or decal indicating that the vehicle is being used to transport a person with disabilities under RCW 46.19.010 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
(h) Upon determining that a person is operating a motor vehicle without a valid and, if required, a specially endorsed driver's license or with a license that has been expired for 90 days or more;
(i) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least 24 hours and where the vehicle is interfering with the proper and intended use of the zone. Signage must give notice to the public that a vehicle will be removed if illegally parked in the zone;
(j) When a vehicle with an expired registration of more than 45 days is parked on a public street;
(k) Upon determining that a person restricted to use of only a motor vehicle equipped with a functioning ignition interlock device is operating a motor vehicle that is not equipped with such a device in violation of RCW 46.20.740(2);
(l) Whenever the driver of a vehicle is arrested for illegal racing conduct in violation of RCW 46.61.500 or 46.61.530 or a comparable municipal ordinance.
(3) When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection (1) of this section, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120(1)(b)(ii).
(4) The additional procedures outlined in RCW 46.55.360 apply to any impoundment of a vehicle under subsection (2)(e) of this section.
(5) Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
(6) For purposes of this section "farm transport vehicle" means a motor vehicle owned by a farmer and that is being actively used in the transportation of the farmer's or another farmer's farm, orchard, aquatic farm, or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal, or supplies or commodities to be used on the farm, orchard, aquatic farm, or dairy, and that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.
[ 2023 c 283 s 6. Prior: 2020 c 330 s 13; 2020 c 117 s 2; 2011 c 167 s 6; (2011 c 167 s 5 expired July 1, 2011); 2010 c 161 s 1120; prior: 2007 c 242 s 1; 2007 c 86 s 1; 2005 c 390 s 5; prior: 2003 c 178 s 1; 2003 c 177 s 1; 1998 c 203 s 4; 1997 c 66 s 7; 1996 c 89 s 1; 1994 c 275 s 32; 1987 c 311 s 10. Formerly RCW 46.61.565. ]
NOTES:
Effective date—2023 c 283: See note following RCW 46.04.367.
Finding—Intent—2020 c 117: "The legislature enacted "Hailey's law" in 2011, which requires impoundment of a vehicle when the driver is arrested for driving or being in physical control of the vehicle while under the influence of alcohol or drugs, and also prevents the impaired driver from redeeming the impounded vehicle for a period of twelve hours. In its findings, the legislature reasoned that vehicle impoundment both increases deterrence and prevents an impaired driver from accessing the vehicle for a specified time. In addition, it noted that vehicle impoundment provides an appropriate measure of accountability for registered owners who allow impaired drivers to drive or control their vehicles, but it also allows the registered owners to redeem their vehicles once impounded. The legislature additionally found that any inconvenience on a registered owner is outweighed by the need to protect the public.
The Washington state supreme court recently decided in State v. Villela that the mandatory impoundment component of the statute violates the state Constitution. In coming to this conclusion, the court determined that the Constitution requires that the arresting officer make a discretionary determination that impoundment is reasonable and that there are no reasonable alternatives to impoundment.
The legislature finds that, even without mandatory impoundment in every case, there are still many circumstances in which an officer making an arrest for impaired driving or physical control of a vehicle while under the influence will determine that impoundment is reasonable under the circumstances and within the constitutional limitations. In such cases, it is still appropriate and necessary for the protection of the public to prevent redemption of the impounded vehicle for a minimum of twelve hours. To this end, the legislature intends to clarify that, in cases in which a vehicle is lawfully impounded following the driver's arrest for impaired driving or physical control of a vehicle while under the influence, the twelve hour restriction on redemption of the vehicle still applies." [ 2020 c 117 s 1.]
Effective date—2011 c 167 s 6: "Section 6 of this act takes effect July 1, 2011." [ 2011 c 167 s 8.]
Effective date—2011 c 167 s 5: "Section 5 of this act expires July 1, 2011." [ 2011 c 167 s 9.]
Short title—2011 c 167: See note following RCW 46.55.360.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Finding—1998 c 203: See note following RCW 46.55.105.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Intent—1984 c 154: "The legislature intends to extend special parking privileges to persons with disabilities that substantially impair mobility." [ 1984 c 154 s 1.]
Application—1984 c 154: "This act applies to special license plates, cards, or decals issued after June 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984." [ 1984 c 154 s 9.]
Severability—1984 c 154: "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." [ 1984 c 154 s 10.]
The Washington state patrol, under its authority to remove vehicles from the highway, may remove the vehicles directly, through towing operators appointed by the state patrol and called on a rotational or other basis, through contracts with towing operators, or by a combination of these methods. When removal is to be accomplished through a towing operator on a noncontractual basis, the state patrol may appoint any towing operator for this purpose upon the application of the operator. Each appointment shall be contingent upon the submission of an application to the state patrol and the making of subsequent reports in such form and frequency and compliance with such standards of equipment, performance, pricing, and practices as may be required by rule of the state patrol.
An appointment may be rescinded by the state patrol upon evidence that the appointed towing operator is not complying with the laws or rules relating to the removal and storage of vehicles from the highway. The state patrol may not rescind an appointment merely because a registered tow truck operator negotiates a different rate for voluntary, owner-requested towing than for involuntary towing under this chapter. The costs of removal and storage of vehicles under this section shall be paid by the owner or driver of the vehicle and shall be a lien upon the vehicle until paid, unless the removal is determined to be invalid.
Rules promulgated under this section shall be binding only upon those towing operators appointed by the state patrol for the purpose of performing towing services at the request of the Washington state patrol. Any person aggrieved by a decision of the state patrol made under this section may appeal the decision under chapter 34.05 RCW.
[ 1993 c 121 s 2; 1987 c 330 s 744; 1979 ex.s. c 178 s 22; 1977 ex.s. c 167 s 5. Formerly RCW 46.61.567. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
PDFRCW 46.55.115
State patrol—Appointment of towing operators—Lien for costs—Appeal. (Effective July 1, 2027.)
The Washington state patrol, under its authority to remove vehicles from the highway, may remove the vehicles directly, through towing operators appointed by the state patrol and called on a rotational or other basis, through contracts with towing operators, or by a combination of these methods. When removal is to be accomplished through a towing operator on a noncontractual basis, the state patrol may appoint any towing operator for this purpose upon the application of the operator. Each appointment shall be contingent upon the submission of an application to the state patrol and the making of subsequent reports in such form and frequency and compliance with such standards of equipment, performance, pricing, and practices as may be required by rule of the state patrol.
An appointment may be rescinded by the state patrol upon evidence that the appointed towing operator is not complying with the laws or rules relating to the removal and storage of vehicles from the highway. The state patrol may not rescind an appointment merely because a registered tow truck operator negotiates a different rate for voluntary, owner-requested towing than for involuntary towing under this chapter. The costs of removal and storage of vehicles under this section shall be paid by the owner or driver of the vehicle and shall be a lien upon the vehicle until paid, unless the removal is determined to be invalid or the registered tow truck operator releases the vehicle under the program established in RCW 46.55.700.
Rules promulgated under this section shall be binding only upon those towing operators appointed by the state patrol for the purpose of performing towing services at the request of the Washington state patrol. Any person aggrieved by a decision of the state patrol made under this section may appeal the decision under chapter 34.05 RCW.
[ 2025 c 417 s 1308; 1993 c 121 s 2; 1987 c 330 s 744; 1979 ex.s. c 178 s 22; 1977 ex.s. c 167 s 5. Formerly RCW 46.61.567.]
Reviser's note: The effective date in section 601 was changed from February 1, 2026, to July 1, 2027, by 2026 c 255. 2026 c 255 s 601 took effect March 31, 2026.
Effective date—2026 c 255; 2025 c 417 ss 1307-1309: See note following RCW 46.55.700.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
An impound under RCW 64.44.050 shall not be considered an impound under this chapter. A tow [truck] operator who contracts with a law enforcement agency for transporting a vehicle impounded under RCW 64.44.050 shall only remove the vehicle to a secure public facility, and is not required to store or dispose of the vehicle. The vehicle shall remain in the care, custody, and control of the law enforcement agency to be demolished, disposed of, or decontaminated as provided under RCW 64.44.050. The law enforcement agency shall pay for all costs incurred as a result of the towing if the vehicle owner does not pay within thirty days. The law enforcement agency may seek reimbursement from the owner.
[ 2008 c 201 s 3. ]
(1) For a private impound performed by any registered tow truck operator using tow trucks classified by the Washington state patrol by rule under RCW 46.55.050(1) as class A, class E, or class D only, the following limitations apply:
(a) The maximum towing hourly rate listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred thirty-five percent of the maximum hourly rate for a class A tow truck at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
(b) The maximum daily storage rate listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred thirty-five percent of the maximum daily storage rate for an impound at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
(c) The maximum after-hours release fee listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred percent of the maximum after-hours release fee for an impound at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
(2) The limitations set forth in subsection (1) of this section apply to all registered tow truck operators whether or not they hold, have applied for, or received letters of appointment from the Washington state patrol to respond to state patrol-originated calls.
(3) The limitations set forth in subsection (1) of this section do not apply to:
(a) Any other classes of tow trucks classified by the Washington state patrol by rule under RCW 46.55.050(1); or
(b) Law enforcement impounds or private voluntary towing.
(4) The limitations set forth in subsection (1) of this section only apply if the vehicle is parked and upright, has all its wheels and tires attached, does not have a broken axle, and has not been involved in an accident at the location from which it is being impounded.
(5) This section does not affect the authority of any city, town, or county to enforce, maintain, or amend any ordinance, enacted prior to January 1, 2013, and valid under state law in existence at the time of its enactment, that regulates maximum allowable rates and related charges for private impounds by registered tow truck operators.
[ 2013 c 37 s 2. ]
NOTES:
Findings—2013 c 37: "The legislature finds that the use of a motor vehicle is often a necessity for residents' livelihood and families. Therefore, the legislature finds it is important for the public to know what the charges and fees will be for the private impound of cars and other vehicles parked on private property, and that those charges should be reasonable to ensure that residents may retrieve impounded vehicles." [ 2013 c 37 s 1.]
(1)(a) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed only by the following persons or entities:
(i) The legal owner;
(ii) The registered owner;
(iii) A person authorized in writing by the registered owner;
(iv) The vehicle's insurer or a vendor working on behalf of the vehicle's insurer;
(v) A third-party insurer that has a duty to repair or replace the vehicle, has obtained consent from the registered owner or the owner's agent to move the vehicle, and has documented that consent in the insurer's claim file, or a vendor working on behalf of a third-party insurer that has received such consent; provided, however, that at all times the registered owner must be granted access to and may reclaim possession of the vehicle. For the purposes of this subsection, "owner's agent" means the legal owner of the vehicle, a driver in possession of the vehicle with the registered owner's permission, or an adult member of the registered owner's family;
(vi) A person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department;
(vii) A person who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor; or
(viii) If (a)(i) through (vii) of this subsection do not apply, a person, who is known to the registered or legal owner of a motorcycle or moped, as each are defined in chapter 46.04 RCW, that was towed from the scene of an accident, may redeem the motorcycle or moped as a bailment in accordance with RCW 46.55.125 while the registered or legal owner is admitted as a patient in a hospital due to the accident.
(b) In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under (a) of this subsection satisfies the requirements of (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction. An agency shall issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of the following:
(i) Economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record; or
(ii) The owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release under this subsection or RCW 46.55.113(3).
In order to avoid discriminatory application, other than for the reasons for release set forth in (b)(i) and (ii) of this subsection, an agency shall, under a provision of an applicable state agency rule or local ordinance, deny release in all other circumstances without discretion.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under (a) of this subsection satisfies the requirements of (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(c) If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
(d) Notwithstanding (c) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.
(e) Notwithstanding (c) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9A RCW, including providing redemption rights to the debtor under RCW 62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under chapter 62A.9A RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
(f) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under (c) of this subsection. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345 and was being operated by the registered owner when it was impounded under local ordinance or agency rule, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm cannot determine through the customer's bank or a check verification service that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in (a) of this subsection and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
[ 2017 c 152 s 1; 2013 c 150 s 1; 2009 c 387 s 3; 2004 c 250 s 1; 2003 c 177 s 2; 2000 c 193 s 1. Prior: 1999 c 398 s 7; 1999 c 327 s 5; 1998 c 203 s 5; 1996 c 89 s 2; 1995 c 360 s 7; 1993 c 121 s 3; 1989 c 111 s 11; 1987 c 311 s 12; 1985 c 377 s 12. ]
NOTES:
Short title—2017 c 152: See note following RCW 46.55.125.
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Finding—1998 c 203: See note following RCW 46.55.105.
PDFRCW 46.55.120
Redemption of vehicles—Sale of unredeemed property—Improper impoundment. (Effective July 1, 2027.)
(1)(a) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed only by the following persons or entities:
(i) The legal owner;
(ii) The registered owner;
(iii) A person authorized in writing by the registered owner;
(iv) The vehicle's insurer or a vendor working on behalf of the vehicle's insurer;
(v) A third-party insurer that has a duty to repair or replace the vehicle, has obtained consent from the registered owner or the owner's agent to move the vehicle, and has documented that consent in the insurer's claim file, or a vendor working on behalf of a third-party insurer that has received such consent; provided, however, that at all times the registered owner must be granted access to and may reclaim possession of the vehicle. For the purposes of this subsection, "owner's agent" means the legal owner of the vehicle, a driver in possession of the vehicle with the registered owner's permission, or an adult member of the registered owner's family;
(vi) A person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department;
(vii) A person who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor; or
(viii) If (a)(i) through (vii) of this subsection do not apply, a person, who is known to the registered or legal owner of a motorcycle or moped, as each are defined in chapter 46.04 RCW, that was towed from the scene of an accident, may redeem the motorcycle or moped as a bailment in accordance with RCW 46.55.125 while the registered or legal owner is admitted as a patient in a hospital due to the accident.
(b) In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under (a) of this subsection satisfies the requirements of (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to 30 days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction. An agency shall issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of the following:
(i) Economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record; or
(ii) The owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release under this subsection or RCW 46.55.113(3).
In order to avoid discriminatory application, other than for the reasons for release set forth in (b)(i) and (ii) of this subsection, an agency shall, under a provision of an applicable state agency rule or local ordinance, deny release in all other circumstances without discretion.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to 30 days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to 60 days, and for up to 90 days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under (a) of this subsection satisfies the requirements of (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(c) If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to 24 hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
(d) Notwithstanding (c) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.
(e) Notwithstanding (c) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9A RCW, including providing redemption rights to the debtor under RCW 62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under chapter 62A.9A RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
(f) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under (c) of this subsection. Alternatively, a vehicle must be released when the registered tow truck operator completes the form described in RCW 46.55.700(4) provided that the first part of the form is completed by an individual seeking the release of a vehicle. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345 and was being operated by the registered owner when it was impounded under local ordinance or agency rule, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm cannot determine through the customer's bank or a check verification service that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within 10 days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within 10 days of the date the opportunity was provided for in (a) of this subsection and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within 15 days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within 15 days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction either upon:
(a) Payment of the applicable towing and storage fees; or
(b) The completion of the form specified in RCW 46.55.700.
[ 2025 c 417 s 1309; 2017 c 152 s 1; 2013 c 150 s 1; 2009 c 387 s 3; 2004 c 250 s 1; 2003 c 177 s 2; 2000 c 193 s 1. Prior: 1999 c 398 s 7; 1999 c 327 s 5; 1998 c 203 s 5; 1996 c 89 s 2; 1995 c 360 s 7; 1993 c 121 s 3; 1989 c 111 s 11; 1987 c 311 s 12; 1985 c 377 s 12.]
Reviser's note: The effective date in section 601 was changed from February 1, 2026, to July 1, 2027, by 2026 c 255. 2026 c 255 s 601 took effect March 31, 2026.
Effective date—2026 c 255; 2025 c 417 ss 1307-1309: See note following RCW 46.55.700.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Short title—2017 c 152: See note following RCW 46.55.125.
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Finding—1998 c 203: See note following RCW 46.55.105.
(1) Any person, who is known to the registered or legal owner of a motorcycle or moped that was towed from the scene of an accident, may redeem the motorcycle or moped as a bailment on behalf of the registered or legal owner who is admitted as a patient in a hospital due to the accident subject to the following requirements:
(a) The eligible person must pay the costs of towing, storage, or other services rendered during the course of towing, removal, or storing of the motorcycle or moped.
(b) The eligible person must provide a valid government-issued photo identification, such as a current driver's license or state-issued identification card, military identification, or passport.
(c) The eligible person must sign a declaration on a form furnished by the department that provides:
(i) The person's name, telephone number, and physical address;
(ii) The relationship between the person and the registered or legal owner;
(iii) The name and location of the hospital where the registered or legal owner is admitted;
(iv) The address of the physical location where the motorcycle or moped will be stored for the registered or legal owner at no additional cost to the owner;
(v) A statement that the person agrees to protect the motorcycle or moped and return it to the registered or legal owner in the same form it was received when removed from the registered tow truck operator's premises; and
(vi) A statement that the person knowingly agrees to become the bailee for the motorcycle or moped.
(d) The declaration form under (c) of this subsection must be signed under penalty of perjury.
(2) The registered tow truck operator may refuse an offer to redeem under this section for good cause, which includes, but is not limited to, competing applications for redemption from persons identified under RCW 46.55.120(1)(a) or the person applying to be the bailee has been convicted of a crime of dishonesty or theft. This section does not require a registered tow truck operator to investigate or otherwise determine the criminal history or the honesty of the bailee.
(3) Any registered tow truck operator acting in good faith in compliance with this section that releases a motorcycle or moped to bailment in accordance with the requirements of this section is immune from civil liability arising out of the bailment unless the tow truck operator's act or omission constitutes gross negligence or willful or wanton misconduct.
(4) In addition to any remedies provided by common law for bailments, a person who becomes the bailee of a motorcycle or moped under this section and fails to return the motorcycle or moped to the registered or legal owner may be charged with possession of a stolen vehicle under RCW 9A.56.068.
(5) The department must create a declaration form to be completed by individuals that identifies the required information in subsection (1)(b) and (c) of this section. The department must post the form on its website, and the form must be able to be downloaded from the department's website.
[ 2017 c 152 s 4. ]
NOTES:
Short title—2017 c 152: "This act may be known and cited as the Denise Chew scooter recovery act." [ 2017 c 152 s 5.]
(1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(3) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, a suspended license impound has been directed but no commercially reasonable tender has been paid under RCW 46.55.120, or a person eligible to redeem under RCW 46.55.120(1)(a)(viii) has not come forth providing information that the registered or legal owner of a motorcycle or moped is an admitted patient in a hospital, the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction, and a method to contact the tow truck operator conducting the auction such as a telephone number, email address, or website, in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. For the purposes of this section, a newspaper of general circulation may be a commercial, widely circulated, free, classified advertisement circular not affiliated with the registered tow truck operator and the notice may be listed in a classification delineating "auctions" or similar language designed to attract potential bidders to the auction. The notice shall contain a notification that a public viewing period will be available before the auction and the length of the viewing period. The auction shall be held during daylight hours of a normal business day. The viewing period must be one hour if twenty-five or fewer vehicles are to be auctioned, two hours if more than twenty-five and fewer than fifty vehicles are to be auctioned, and three hours if fifty or more vehicles are to be auctioned. If the registered tow truck operator is notified that the registered or legal owner of the moped or motorcycle is an admitted patient in the hospital as evidenced by a declaration on a form authorized by the department, the registered tow truck operator may delay the auction of the moped or motorcycle for a reasonable time in a good faith effort to provide additional time for the redemption of the vehicle.
(2) The following procedures are required in any public auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
(b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
(d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within forty-five days, sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.
(3) A tow truck operator may refuse to accept a bid at an abandoned vehicle auction under this section for any reason in the operator's posted operating procedures and for any of the following reasons: (a) The bidder is currently indebted to the operator; (b) the operator has knowledge that the bidder has previously abandoned vehicles purchased at auction; or (c) the bidder has purchased, at auction, more than four vehicles in the last calendar year without obtaining title to any or all of the vehicles. In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a) The accumulation of storage charges applied to the lien at auction under RCW 46.55.140 may not exceed fifteen additional days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(3) plus the storage charges accumulated prior to the receipt of the information. However, vehicles redeemed pursuant to RCW 46.55.120 prior to their sale at auction are subject to payment of all accumulated storage charges from the time of impoundment up to the time of redemption.
(b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. However, storage charges begin to accrue again on the date the correct and complete information is provided to the department by the registered tow truck operator.
[ 2017 c 152 s 2; 2011 c 65 s 1; 2006 c 28 s 1; 2002 c 279 s 12; 2000 c 193 s 2; 1998 c 203 s 6; 1989 c 111 s 12; 1987 c 311 s 13; 1985 c 377 s 13. ]
NOTES:
Short title—2017 c 152: See note following RCW 46.55.125.
Finding—1998 c 203: See note following RCW 46.55.105.
(1) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the impounded vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid. The lien does not apply to personal property in or upon the vehicle that is not permanently attached to or is not an integral part of the vehicle except for items of personal property registered or titled with the department. The registered tow truck operator also has a deficiency claim against the registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of five hundred dollars after deduction of the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars after deduction of the amount bid at auction, unless the impound is determined to be invalid. The limitation on towing and storage deficiency claims does not apply to an impound directed by a law enforcement officer. In no case may the cost of the auction or a buyer's fee be added to the amount charged for the vehicle at the auction, the vehicle's lien, or the overage due. A registered owner who has completed and filed with the department the report of sale as provided for in RCW 46.12.650 and has timely and properly filed the report of sale is relieved of liability under this section. The person named as the new owner of the vehicle on the timely and properly filed report of sale shall assume liability under this section.
(2) Any person who tows, removes, or otherwise disturbs any vehicle parked, stalled, or otherwise left on privately owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not comply with the requirements of this chapter.
[ 2010 c 161 s 1121; 1995 c 360 s 8; 1992 c 200 s 1; 1991 c 20 s 2; 1989 c 111 s 13; 1987 c 311 s 14; 1985 c 377 s 14. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The registered tow truck operator shall keep a transaction file on each vehicle, which shall be kept for a minimum of three years. The transaction file shall contain as a minimum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction:
(a) A signed impoundment authorization as required by RCW 46.55.080;
(b) A record of the twenty-four hour written impound notice to a law enforcement agency;
(c) A copy of the impoundment notification to registered and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded;
(d) A copy of the abandoned vehicle report that was sent to and returned by the department;
(e) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction;
(f) A copy of the published notice of public auction;
(g) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale price;
(h) A record of the two highest bid offers on the vehicle, with the names, addresses, and telephone numbers of the two bidders;
(i) A copy of the notice of opportunity for hearing given to those who redeem vehicles;
(j) An itemized invoice of charges against the vehicle; and
(k) Documentation of a bailment in accordance with RCW 46.55.125, if applicable.
(2)(a) The transaction file kept under subsection (1) of this section may be created and stored electronically. If the tow truck operator elects to store records electronically, the method of electronic records storage shall utilize software developed for that business purpose. This method of storage may include the use of cloud storage or another acceptable method that makes storage, retrieval, and access to the records reliable and available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency with jurisdiction.
(b) Any electronic record created for each tow transaction must be maintained in an electronic folder labeled with the date the towing service was performed. The electronic folders must be maintained in chronological order.
[ 2017 c 152 s 3; 2017 c 50 s 1; 1989 c 111 s 14; 1987 c 311 s 15; 1985 c 377 s 15. ]
NOTES:
Reviser's note: This section was amended by 2017 c 50 s 1 and by 2017 c 152 s 3, 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).
Short title—2017 c 152: See note following RCW 46.55.125.
Records, including any electronic records, equipment, and facilities of a registered tow truck operator shall be available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency having jurisdiction.
[ 2017 c 50 s 2; 1985 c 377 s 16. ]
(1) All law enforcement agencies or local licensing agencies that receive complaints involving registered tow truck operators shall forward the complaints, along with any supporting documents including all results from local investigations, to the department.
(2) Complaints involving deficiencies of equipment shall be forwarded by the department to the state patrol.
[ 1987 c 330 s 741; 1985 c 377 s 17. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
The director or the chief of the state patrol may use a hearing officer or administrative law judge for presiding over a hearing regarding licensing provisions under this chapter or rules adopted under it.
[ 1989 c 111 s 15; 1987 c 330 s 742; 1985 c 377 s 18. ]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
The director, in cooperation with the chief of the Washington state patrol, shall adopt rules that carry out the provisions and intent of this chapter.
[ 1985 c 377 s 19. ]
A registered tow truck operator's license may be denied, suspended, or revoked, or the licensee may be ordered to pay a monetary penalty of a civil nature, not to exceed one thousand dollars per violation, or the licensee may be subjected to any combination of license and monetary penalty, whenever the director has reason to believe the licensee has committed, or is at the time committing, a violation of this chapter or rules adopted under it or any other statute or rule relating to the title or disposition of vehicles or vehicle hulks, including but not limited to:
(1) Towing any abandoned vehicle without first obtaining and having in the operator's possession at all times while transporting it, appropriate evidence of ownership or an impound authorization properly executed by the private person or public official having control over the property on which the unauthorized vehicle was found;
(2) Forging the signature of the registered or legal owner on a certificate of title, or forging the signature of any authorized person on documents pertaining to unauthorized or abandoned vehicles or automobile hulks;
(3) Failing to comply with the statutes and rules relating to the processing and sale of abandoned vehicles;
(4) Failing to accept bids on any abandoned vehicle offered at public sale;
(5) Failing to transmit to the state surplus funds derived from the sale of an abandoned vehicle;
(6) Selling, disposing of, or having in his or her possession, without notifying law enforcement officials, a vehicle that he or she knows or has reason to know has been stolen or illegally appropriated without the consent of the owner;
(7) Failing to comply with the statutes and rules relating to the transfer of ownership of vehicles or other procedures after public sale; or
(8) Failing to pay any civil monetary penalty assessed by the director pursuant to this section within ten days after the assessment becomes final.
All orders by the director made under this chapter are subject to the Administrative Procedure Act, chapter 34.05 RCW.
[ 2010 c 8 s 9063; 1989 c 111 s 16; 1985 c 377 s 20. ]
Whenever it appears to the director that any registered tow truck operator or a person offering towing services has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted hereunder, the director may issue an order directing the operator or person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order pending a hearing. The temporary order shall remain in effect until ten days after the hearing is held and shall become final if the person to whom notice is addressed does not request a hearing within fifteen days after the receipt of notice.
[ 1987 c 311 s 17; 1985 c 377 s 21. ]
If an application for a license to conduct business as a registered tow truck operator is filed by any person whose license has previously been canceled for cause by the department, or if the department is of the opinion that the application is not filed in good faith or that the application is filed by some person as a subterfuge for the real person in interest whose license has previously been canceled for cause, the department, after a hearing, of which the applicant has been given twenty days' notice in writing and at which the applicant may appear in person or by counsel and present testimony, may refuse to issue such a person a license to conduct business as a registered tow truck operator.
[ 1987 c 311 s 18; 1985 c 377 s 22. ]
(1)(a) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70A.205.195, or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the parts.
(b) A tow truck operator may authorize the disposal of an abandoned junk vehicle if the vehicle has been abandoned two or more times, the registered ownership information has not changed since the first abandonment, and the registered owner is also the legal owner.
(2) The law enforcement officer or department representative shall provide information on the vehicle's registered and legal owner to the landowner.
(3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.
(4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.
(5) If no information on the vehicle's registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.
(6) It is a gross misdemeanor for a person to abandon a junk vehicle on property. If a junk vehicle is abandoned, the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or jurisdictional health department investigating the incident.
(7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.
(8) A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance.
[ 2021 c 65 s 52; 2002 c 279 s 13; 2001 c 139 s 3; 2000 c 154 s 4; 1991 c 292 s 2; 1987 c 311 s 19; 1985 c 377 s 23. ]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Severability—2000 c 154: See note following RCW 70A.200.030.
(1) A city, town, or county that adopts an ordinance or resolution concerning unauthorized, abandoned, or impounded vehicles shall include the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize other impound situations that may arise locally upon the public right-of-way or other publicly owned or controlled property.
(b) A city, town, or county ordinance shall contain language that establishes a written form of authorization to impound, which may include a law enforcement notice of infraction or citation, clearly denoting the agency's authorization to impound.
(c) A city, town, or county may, by ordinance, provide for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of redemption the legal or registered owner requests a hearing on the validity of the impoundment. If the municipal ordinance directs the release of an impounded vehicle before the payment of the impoundment charges, the municipality is responsible for the payment of those charges to the registered tow truck operator within thirty days of the hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in this section may be conducted by an administrative hearings officer instead of in the district court. A decision made by an administrative hearing officer may be appealed to the district court for final judgment.
(2) A city, town, or county may adopt an ordinance establishing procedures for the abatement and removal as public nuisances of junk vehicles or parts thereof from private property. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.650, or the costs may be assessed against the owner of the property on which the vehicle is stored. A city, town, or county may also provide for the payment to the tow truck operator or wrecker as a part of a neighborhood revitalization program.
(3) Ordinances pertaining to public nuisances shall contain:
(a) A provision requiring notice to the last registered owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, the vehicle will be removed;
(b) A provision requiring that if a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (ii) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130;
(d) A provision that the owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner;
(e) A provision that after notice has been given of the intent of the city, town, or county to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and the department of licensing that the vehicle has been wrecked. The city, town, or county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.
(4) A registered disposer under contract to a city or county for the impounding of vehicles shall comply with any administrative regulations adopted by the city or county on the handling and disposing of vehicles.
[ 2010 c 161 s 1122; 2010 c 8 s 9064; 1994 c 176 s 2; 1991 c 292 s 3; 1989 c 111 s 17; 1987 c 311 s 20; 1985 c 377 s 24. ]
NOTES:
Reviser's note: This section was amended by 2010 c 8 s 9064 and by 2010 c 161 s 1122, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) A property owner shall not immobilize any vehicle owned by a person other than the property owner.
(2) This section does not apply to property owned by the state or any unit of local government.
(3) A violation of this section is a gross misdemeanor.
[ 2005 c 88 s 1. ]
(1)(a) When a driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, or illegal racing conduct under RCW 46.61.500 or 46.61.530 or a comparable municipal ordinance, and the officer directs the impoundment of the vehicle under RCW 46.55.113(2) (e) or (l), the vehicle must be impounded and retained under the process outlined in this section. With the exception of the holds mandated under this section, the procedures for notice, redemption, storage, auction, and sale shall remain the same as for other impounded vehicles under this chapter.
(b) If the police officer directing that a vehicle be impounded under RCW 46.55.113(2) (e) or (l) has:
(i) Waited 30 minutes after the police officer contacted the police dispatcher requesting a registered tow truck operator and the tow truck responding has not arrived, or
(ii) If the police officer is presented with exigent circumstances such as being called to another incident or due to limited available resources being required to return to patrol,
the police officer may place the completed impound order and inventory inside the vehicle and secure the vehicle by closing the windows and locking the doors before leaving.
(c) If a police officer has secured the vehicle and left it pursuant to (b) of this subsection, the police officer and the government or agency employing the police officer shall not be liable for any damages to or theft of the vehicle or its contents that occur between the time the officer leaves and the time that the registered tow truck operator takes custody of the vehicle, or for the actions of any person who takes or removes the vehicle before the registered tow truck operator arrives.
(2)(a) When a vehicle is impounded under RCW 46.55.113(2)(e) and the driver is a registered owner of the vehicle, the impounded vehicle may not be redeemed within a 12-hour period following the time the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that is not the driver of the vehicle. A registered owner who is not the driver of the vehicle or a legal owner who is not the driver of the vehicle may redeem the impounded vehicle after it arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(b) When a vehicle is impounded under RCW 46.55.113(2)(e) and the driver is a registered owner of the vehicle, the police officer directing the impound shall notify the driver that the impounded vehicle may not be redeemed within a 12-hour period following the time the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners or there is a legal owner who is not the driver of the vehicle. The police officer directing the impound shall notify the driver that the impounded vehicle may be redeemed by either a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(c) When a vehicle is impounded under RCW 46.55.113(2)(l), the driver is arrested for racing, and the driver is a registered owner of the vehicle, the impounded vehicle may not be redeemed for a period of 72 hours from the time the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that is not the driver of the vehicle. A registered owner who is not the driver of the vehicle or a legal owner who is not the driver of the vehicle may redeem the impounded vehicle after it arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(d) When a vehicle is impounded under RCW 46.55.113(2)(l), the driver is arrested for racing, and the driver is a registered owner of the vehicle, the police officer directing the impound shall notify the driver that the impounded vehicle may not be redeemed for 72 hours from the time the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners or there is a legal owner who is not the driver of the vehicle. The police officer directing the impound shall notify the driver that the impounded vehicle may be redeemed by either a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(3)(a) When a vehicle is impounded under RCW 46.55.113(2)(e) and the driver is not a registered owner of the vehicle, the impounded vehicle may be redeemed by a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(b) When a vehicle is impounded under RCW 46.55.113(2)(e) and the driver is not a registered owner of the vehicle, the police officer directing the impound shall notify the driver that the impounded vehicle may be redeemed by a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(c) When a vehicle is impounded under RCW 46.55.113(2)(l), the driver is arrested for racing, and the driver is not a registered owner of the vehicle, the impounded vehicle may be redeemed by a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(d) When a vehicle is impounded under RCW 46.55.113(2)(l), the driver is arrested for racing, and the driver is not a registered owner of the vehicle, the police officer directing the impound shall notify the driver that the impounded vehicle may be redeemed by a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.
(e) If the vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is not the owner of the vehicle, prior to determining that no reasonable alternatives to impound exist and directing impoundment of the vehicle under RCW 46.55.113(2) (e) or (l), the police officer must have attempted in a reasonable and timely manner to contact the owner, and release the vehicle to the owner if the owner was reasonably available, not under the influence of alcohol or any drug, and not a party to the racing conduct that subjects the vehicle to impound.
(f) The registered tow truck operator shall notify the agency that ordered that the vehicle be impounded when the vehicle arrives at the registered tow truck operator's storage facility and has been entered into the master log starting any mandatory hold period provided for in this section.
(4) A registered tow truck operator that releases an impounded vehicle pursuant to the requirements stated in this section is not liable for injuries or damages sustained by the operator of the vehicle or sustained by third parties that may result from the vehicle driver's intoxicated state or illegal conduct relating to racing.
(5) For purposes of this section "farm transport vehicle" means a motor vehicle owned by a farmer and that is being actively used in the transportation of the farmer's or another farmer's farm, orchard, aquatic farm, or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal, or supplies or commodities to be used on the farm, orchard, aquatic farm, or dairy, and that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.
[ 2023 c 283 s 7; 2020 c 117 s 3; 2011 c 167 s 3. ]
NOTES:
Reviser's note: As to the constitutionality of this section, see State v. Villela, No. 96183-2 (October 17, 2019).
Effective date—2023 c 283: See note following RCW 46.04.367.
Finding—Intent—2020 c 117: See note following RCW 46.55.113.
Short title—2011 c 167: "This act shall be known and cited as Hailey's Law." [ 2011 c 167 s 1.]
If an impoundment arising from an alleged violation of RCW 46.61.502 or 46.61.504, or illegal racing under RCW 46.61.500 or 46.61.530, or a comparable ordinance is determined to be in violation of this chapter, then the police officer directing the impoundment and the government employing the officer are not liable for damages for loss of use of the vehicle if the officer had reasonable suspicion to believe that the driver of the vehicle was driving the vehicle in violation of RCW 46.61.502 or 46.61.504, or conducting illegal racing in violation of RCW 46.61.500 or 46.61.530, or comparable municipal ordinance.
[ 2023 c 283 s 8; 2011 c 167 s 4. ]
NOTES:
Effective date—2023 c 283: See note following RCW 46.04.367.
Short title—2011 c 167: See note following RCW 46.55.360.
(1) A registered tow truck operator may transport an abandoned recreational vehicle under RCW 46.53.010 without being licensed as a hulk hauler. The transport of an abandoned recreational vehicle by a registered tow truck operator under this chapter must be completed by utilizing a reasonable, direct, and safe route on the date of transport.
(2) A registered tow truck operator must provide a written record of the delivery to a licensed dismantler or authorized disposal site for each abandoned recreational vehicle by use of an abandoned vehicle report or junk vehicle affidavit to be sent to the department. A copy of the report must be maintained in the vehicle transaction file. Completion of the report relieves the registered tow truck operator from any civil or criminal liability for the disposal of a properly processed abandoned recreational vehicle.
[ 2018 c 287 s 2. ]
NOTES:
Findings—2018 c 287: "The legislature finds that:
(1) Registered tow truck operators have continuing problems involving the disposal of recreational vehicles that have been impounded and abandoned pursuant to chapter 46.55 RCW;
(2) Traditional methods of disposal are no longer adequate to meet the increasing problem of abandoned recreational vehicles in Washington state;
(3) Abandoned recreational vehicles continue to be a hazard to the health and safety of citizens, business owners, and the environment; and
(4) Adequate funding is necessary to resolve the problem of abandoned recreational vehicles in a manner that is environmentally friendly and economically sound so that registered tow truck operators may be successful in their duties of public impounding, transporting, and storing unauthorized vehicles." [ 2018 c 287 s 1.]
Implementation—2018 c 287: "The director of licensing may take necessary steps to ensure that this act is implemented on its effective date." [ 2018 c 287 s 10.]
Effective date—2018 c 287: "This act takes effect May 1, 2019." [ 2018 c 287 s 12.]
(1) The department shall create a program to compensate registered tow truck operators for private property impounds or impounds performed at the direction of law enforcement to apply when the owner of the vehicle is indigent, except when the vehicle has been impounded after the vehicle owner has been arrested by a law enforcement officer.
(2) An individual seeking the release of a vehicle under this program must:
(a) Be the legal or registered owner of the vehicle;
(b) Be indigent;
(c) Either not have the ability to pay for the towing service or when making such payment would be a severe hardship;
(d) Not have applied for the release of a vehicle under this program more than once in the preceding year; and
(e) Fill out and certify the first part of the form described in subsection (4)(a) of this section and submit it to the registered tow truck operator.
(3) A registered tow truck operator may seek payment for private property impounds or impounds ordered by a law enforcement agency when the impound was not ordered following an arrest, for vehicles owned by individuals meeting the requirements of subsection (2) of this section. The registered tow truck operator applying for payment must fill out the second part of the form described in subsection (4)(b) of this section and must submit the completed form to the department.
(4) The department shall provide a form to registered tow truck operators that consists of two parts.
(a) The first part of the form is to be completed by individuals seeking the release of a vehicle and must include a requirement that individuals self-certify under penalty of perjury that they meet the requirements of the program and acknowledge that they understand that the department may verify or audit the information and that perjury is a criminal offense.
(b)(i) The second part of the form is to be completed by registered tow truck operators and must include a requirement that registered tow truck operators self-certify under penalty of perjury that they have verified that:
(A) The impound was a private property impound or ordered by a law enforcement agency;
(B) The impound was not ordered following an arrest;
(C) The individual seeking the release of a vehicle is the owner of the vehicle registered or titled with the department; and
(ii) The registered tow truck operators must acknowledge that they understand that the department may verify or audit the information and that perjury is a criminal offense.
(5)(a) Subject to the availability of amounts appropriated for this specific purpose, the department shall disburse excess funds deposited under RCW 46.55.130(2)(h) that are no longer subject to payment for a valid claim under RCW 46.55.130(2)(h) in an amount equal to the cost of the towing, storage, or other services incurred by the registered tow truck operators during the course of the private property impound or law enforcement directed impound to the eligible registered tow truck operators following submission of the form by the registered tow truck operator. Eligibility for payment under this section does not constitute an entitlement for payment. If eligible applications for payment exceed the funds available, the department must create and maintain a waitlist in the order the forms are received pursuant to this section. The department is not civilly or criminally liable and no penalty or cause of action may be brought against it regarding the provision or lack of provision of funds.
(b) After consulting with appropriate stakeholders, the department must develop rules establishing maximum rates of reimbursement for towing, storage, and other services, under this subsection. The department shall convene a stakeholder work group every two years, with the first meeting to be held within 12 months of rule adoption, to make recommendations on amendments to these rules.
(6) The department shall provide an annual report to the appropriate committees of the legislature by October 1st of each year. The annual report must include the total number of law enforcement directed tows not following an arrest, the number of vehicles released under this program, the number of applicants who received payment under this program, the total funds provided to applicants, the number of applicants on the waitlist who did not receive grants, the total amount of grants unpaid due to lack of funds, and the number of ineligible applicants and the reasons for ineligibility.
(7) A registered tow truck operator who releases the vehicle under this section does not have a lien or deficiency claim on the released vehicle.
(8) When an impounding tow truck operator sends notification to the legal and registered owners of a vehicle regarding the impoundment of it as required under RCW 46.55.110 and the vehicle may be eligible under this program, the impounding tow truck operator must include information in the notification about the program established in this section for the release of vehicles to indigent persons.
(9) The registered tow truck operator shall provide to each person who seeks to redeem an impounded vehicle that may be eligible under this program written notice, in a form and manner specified by the department, of the release of vehicles to indigent individuals. The notice must be accompanied by the form described in subsection (4) of this section.
[ 2025 c 417 s 1307. ]
NOTES:
Reviser's note: The effective date in section 601 was changed from February 1, 2026, to July 1, 2027, by 2026 c 255. 2026 c 255 s 601 took effect March 31, 2026.
Effective date—2026 c 255; 2025 c 417 ss 1307-1309: "Sections 1307 through 1309 of this act take effect July 1, 2027." [ 2026 c 255 s 601; 2025 c 417 s 1406.]
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Headings and captions used in this act are not any part of the law.
[ 1985 c 377 s 27. ]
This act shall take effect on January 1, 1986.
[ 1985 c 377 s 31. ]
This chapter does not apply to the state department of transportation to the extent that it may remove vehicles that are traffic hazards from bridges and the mountain passes without prior authorization. If such a vehicle is removed, the department shall immediately notify the appropriate local law enforcement agency, and the vehicle shall be processed in accordance with RCW 46.55.110.
[ 1989 c 111 s 18. ]
The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
(1) Where a different place is specifically referred to in a given section.
(2) The provisions of RCW 46.52.010 through 46.52.090, 46.61.500 through 46.61.525, and 46.61.5249 shall apply upon highways and elsewhere throughout the state.
[ 1997 c 66 s 13; 1990 c 291 s 4; 1965 ex.s. c 155 s 1. ]
(1) No person shall willfully fail or refuse to comply with any lawful order or direction of any duly authorized flagger or any police officer or firefighter invested by law with authority to direct, control, or regulate traffic.
(2) A violation of this section is a misdemeanor.
[ 2003 c 53 s 244; 2000 c 239 s 4; 1995 c 50 s 1; 1975 c 62 s 17; 1965 ex.s. c 155 s 3. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his or her name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his or her certificate of license registration of such vehicle, his or her insurance identification card, or his or her vehicle driver's license or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his or her vehicle driver's license when requested by any court. Any police officer shall on request produce evidence of his or her authorization as such.
(2) A violation of this section is a misdemeanor.
[ 2003 c 53 s 245; 1995 c 50 s 2; 1989 c 353 s 6; 1967 c 32 s 65; 1961 c 12 s 46.56.190. Prior: 1937 c 189 s 126; RRS s 6360-126; 1927 c 309 s 38; RRS s 6362-38. Formerly RCW 46.56.190. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1989 c 353: See RCW 46.30.901.
(1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.
(2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction.
(3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself and give his or her current address.
[ 2006 c 270 s 1; 1997 sp.s. c 1 s 1; 1989 c 353 s 7; 1979 ex.s. c 136 s 4. ]
NOTES:
Effective date—1997 sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [September 17, 1997]." [ 1997 sp.s. c 1 s 2.]
Effective date—1989 c 353: See RCW 46.30.901.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Any person who wilfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer or to comply with RCW 46.61.021(3), is guilty of a misdemeanor.
[ 1979 ex.s. c 136 s 5. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop and who drives his or her vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and the vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must be established by a preponderance of the evidence that: (a) A reasonable person would not believe that the signal to stop was given by a police officer; and (b) driving after the signal to stop was reasonable under the circumstances.
(3) The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing.
[ 2010 c 8 s 9065; 2003 c 101 s 1; 1983 c 80 s 1; 1982 1st ex.s. c 47 s 25; 1979 ex.s. c 75 s 1. ]
NOTES:
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter except those provisions of this chapter which by their very nature can have no application.
[ 1965 ex.s. c 155 s 4. ]
Unless specifically made applicable, the provisions of this chapter except those contained in RCW 46.61.500 through 46.61.520 shall not apply to persons, motor vehicles and other equipment while engaged in work within the right-of-way of any highway but shall apply to such persons and vehicles when traveling to or from such work.
[ 1969 c 76 s 1; 1965 ex.s. c 155 s 5. ]
(1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this chapter;
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(c) Exceed the maximum speed limits so long as he or she does not endanger life or property;
(d) Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of visual signals meeting the requirements of RCW 46.37.190, except that: (a) An authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle; (b) authorized emergency vehicles shall use audible signals when necessary to warn others of the emergency nature of the situation but in no case shall they be required to use audible signals while parked or standing.
(4) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
[ 2010 c 8 s 9066; 1969 c 23 s 1; 1965 ex.s. c 155 s 6. ]
(1) The driver of any vehicle, a person operating a bicycle, and every pedestrian shall obey, and the operation of every personal delivery device shall follow, the instructions of any official traffic control device applicable thereto, and as specified in this chapter, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exception granted the driver of an authorized emergency vehicle in this chapter.
(2) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(4) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
[ 2020 c 66 s 1; 2019 c 214 s 9; 1975 c 62 s 18; 1965 ex.s. c 155 s 7. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2020 c 66: "This act takes effect October 1, 2020." [ 2020 c 66 s 6.]
Effective date—2019 c 214: See note following RCW 46.75.010.
Severability—1975 c 62: See note following RCW 36.75.010.
Bicycle awareness program: RCW 43.43.390.
Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word or legend, and said lights shall indicate and apply to drivers of vehicles, pedestrians, and personal delivery devices, as follows:
(1) Green indication
(a) Vehicle operators facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicle operators turning right or left shall stop to allow other vehicles lawfully within the intersection control area to complete their movements. Vehicle operators turning right or left shall also stop for pedestrians who or personal delivery devices that are lawfully within the intersection control area as required by RCW 46.61.235(1).
(b) Vehicle operators facing a green arrow signal, shown alone or in combination with another indication, may enter the intersection control area only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Vehicle operators shall stop to allow other vehicles lawfully within the intersection control area to complete their movements. Vehicle operators shall also stop for pedestrians who or personal delivery devices that are lawfully within the intersection control area as required by RCW 46.61.235(1).
(c) Unless otherwise directed by a pedestrian control signal, as provided in RCW 46.61.060 as now or hereafter amended, pedestrians or personal delivery devices facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication
(a) Vehicle operators facing a steady circular yellow or yellow arrow signal are thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicle operators shall stop for pedestrians who or personal delivery devices that are lawfully within the intersection control area as required by RCW 46.61.235(1).
(b) Pedestrians or personal delivery devices facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 shall not enter the roadway.
(3) Steady red indication
(a) Vehicle operators facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control area and shall remain standing until an indication to proceed is shown. However, the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who or personal delivery devices that are lawfully within the intersection control area as required by RCW 46.61.235(1).
(b) Unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 as now or hereafter amended, pedestrians or personal delivery devices facing a steady circular red signal alone shall not enter the roadway.
(c) Vehicle operators facing a steady red arrow indication may not enter the intersection control area to make the movement indicated by such arrow, and unless entering the intersection control area to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering a crosswalk on the near side of the intersection control area, or if none, then before entering the intersection control area and shall remain standing until an indication to make the movement indicated by such arrow is shown. However, the vehicle operators facing a steady red arrow indication may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way street or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who or personal delivery devices that are lawfully within the intersection control area as required by RCW 46.61.235(1).
(d) Unless otherwise directed by a pedestrian signal, pedestrians or personal delivery devices facing a steady red arrow signal indication shall not enter the roadway.
(4) If an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
[ 2019 c 214 s 10; 1993 c 153 s 2; 1990 c 241 s 2; 1975 c 62 s 19; 1965 ex.s. c 155 s 8. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
Severability—1975 c 62: See note following RCW 36.75.010.
Whenever pedestrian control signals exhibiting the words "Walk" or the walking person symbol or "Don't Walk" or the hand symbol are operating, the signals shall indicate as follows:
(1) WALK or walking person symbol—Pedestrians or personal delivery devices facing such signal may cross the roadway in the direction of the signal. Vehicle operators shall stop for pedestrians who or personal delivery devices that are lawfully moving within the intersection control area on such signal as required by RCW 46.61.235(1).
(2) Steady or flashing DON'T WALK or hand symbol—Pedestrians or personal delivery devices facing such signal shall not enter the roadway. Vehicle operators shall stop for pedestrians who or personal delivery devices that have begun to cross the roadway before the display of either signal as required by RCW 46.61.235(1).
(3) Pedestrian control signals having the "Wait" legend in use on August 6, 1965, shall be deemed authorized signals and shall indicate the same as the "Don't Walk" legend. Whenever such pedestrian control signals are replaced the legend "Wait" shall be replaced by the legend "Don't Walk" or the hand symbol.
[ 2019 c 214 s 11; 1993 c 153 s 3; 1990 c 241 s 3; 1975 c 62 s 20; 1965 ex.s. c 155 s 9. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(a) FLASHING RED (STOP SIGNAL). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) FLASHING YELLOW (CAUTION SIGNAL). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in RCW 46.61.340.
[ 1975 c 62 s 21; 1965 ex.s. c 155 s 10. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.
[ 1965 ex.s. c 155 s 11. ]
Whenever special traffic control signals exhibit a downward green arrow, a yellow X, or a red X indication, such signal indication shall have the following meaning:
(1) A steady downward green arrow means that a driver is permitted to drive in the lane over which the arrow signal is located.
(2) A steady yellow X or flashing red X means that a driver should prepare to vacate, in a safe manner, the lane over which the signal is located because a lane control change is being made, and to avoid occupying that lane when a steady red X is displayed.
(3) A flashing yellow X means that a driver is permitted to use a lane over which the signal is located for a left turn, using proper caution.
(4) A steady red X means that a driver shall not drive in the lane over which the signal is located, and that this indication shall modify accordingly the meaning of all other traffic controls present. The driver shall obey all other traffic controls and follow normal safe driving practices.
[ 1975 c 62 s 49. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal.
(2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
(3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(4) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
[ 1965 ex.s. c 155 s 12. ]
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
[ 1965 ex.s. c 155 s 13. ]
NOTES:
Interference with traffic-control signals or railroad signs or signals: RCW 47.36.130.
No traffic control signal or device may be erected or maintained upon any city street designated as forming a part of the route of a primary state highway or secondary state highway unless first approved by the state department of transportation.
[ 1984 c 7 s 62; 1965 ex.s. c 155 s 14. ]
NOTES:
Local authorities to provide stop signs at intersections with increased speed highways: RCW 46.61.435.
(1)(a)(i) Until January 1, 2029, the legislative body of a county, city, or town may create a crash prevention zone within its jurisdiction on the portion of U.S. Highway 395 from milepost 23 to milepost 32 between Pasco and Mesa, on highway 12 from Tank Farm Road to A street, and on highway 12 from Attalia East road to Nine Mile Canyon road.
(ii) These crash prevention zones may be dissolved prior to, on, or after January 1, 2029, in accordance with the provisions of subsection (5) of this section.
(iii) A crash prevention zone created under (a)(i) of this subsection must use the process described in (b)(i) of this subsection.
(b) Beginning January 1, 2029:
(i) The legislative body of a county, city, or town may create a crash prevention zone within its jurisdiction by identifying public roads where the incidence of collisions resulting in serious injuries or fatalities is greater than expected for similar roads over the previous five-year period using processes as adopted in the highway safety manual published by the American association of state highway and transportation officials;
(ii) The secretary of the department of transportation may create a crash prevention zone within its jurisdiction by identifying public roads where the incidence of collisions resulting in serious injuries or fatalities is greater than expected for similar highways over the previous five-year period using processes as adopted in the highway safety manual published by the American association of state highway and transportation officials.
(c) A county, city, or town or the department of transportation may consider and implement safety improvement approaches in designated crash prevention zones. A county, with the approval of a city or town, may designate a crash prevention zone that includes public roads within the county and city or town. A county, city, or town may designate a crash prevention zone under (a)(i) and (b)(i) of this subsection that includes roadways managed by the department of transportation with the approval of the department of transportation. The department of transportation may designate a crash prevention zone on a state highway without the approval of a county, city, or town.
(d) Prior to the final establishment of a crash prevention zone, the county, city, or town must hold a public hearing, to which the department of transportation regional administrator must be invited, where members of the public may view and comment on a map of the designated crash prevention zone.
(2) Once a crash prevention zone has been designated, the jurisdiction that established the zone must conduct an engineering and traffic investigation of the public roads in the zone to identify options for safety improvements, including adjustments to the speed limits. A county, city, or town may contract with the department of transportation to have the department conduct an engineering and traffic investigation of the public roads in the zone.
(3)(a) The Washington state patrol and local law enforcement agencies must coordinate within existing resources and to the extent practicable increased [increase] enforcement of traffic laws within the crash prevention zone in a manner intended to reduce collisions in the crash prevention zone.
(b) The department of transportation may use speed reduction methods, approaches, and technologies to reduce speeding within the crash prevention zones.
(4) For each crash prevention zone created by a city, town, or county, a corresponding local account must be created, administered, and maintained by the jurisdiction. Expenditures from the corresponding local account may only be used for engineering and traffic investigations, creation and installation of road signs, and safety improvements in the crash prevention zone.
(5)(a) A crash prevention zone must be dissolved once safety improvements have been implemented.
(b) Until January 1, 2029, a crash prevention zone may also be dissolved at the discretion of the city, town, county, or department of transportation that created the zone.
(c) Beginning January 1, 2029, a crash prevention zone may also be dissolved at the discretion of the city, town, county, or department of transportation that created the zone or by direction of the Washington state legislature.
(6) The designation, establishment, investigation, or dissolution of a crash prevention zone under this section, or any data, reports, maps, county staff comments, public comments, engineering studies, prior testimony, or other materials prepared or used in connection with the creation or management of a crash prevention zone, are not admissible as evidence in any civil action.
[ 2026 c 123 s 1. ]
(1) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(c) Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon;
(d) Upon a street or highway restricted to one-way traffic; or
(e) Upon a highway having three lanes or less, when approaching the following vehicles in the manner described under RCW 46.61.212(2)(b): (i) A stationary authorized emergency vehicle; (ii) a tow truck or other vehicle providing roadside assistance while operating warning lights with three hundred sixty degree visibility; (iii) a police vehicle; or (iv) a stationary or slow moving highway construction vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle that meets the lighting requirements identified in RCW 46.61.212(1).
(2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
(3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high occupancy vehicle lane. A high occupancy vehicle lane is not considered the left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those segments of limited access roadway to be exempt from this subsection due to the operational characteristics of the roadway.
(4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic.
(5) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
[ 2025 c 58 s 2029; 2018 c 18 s 1; 2007 c 83 s 2; 1997 c 253 s 1; 1986 c 93 s 2; 1972 ex.s. c 33 s 1; 1969 ex.s. c 281 s 46; 1967 ex.s. c 145 s 58; 1965 ex.s. c 155 s 15. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Legislative intent—1986 c 93: "It is the intent of the legislature, in this 1985 [1986] amendment of RCW 46.61.100, that the left-hand lane on any state highway with two or more lanes in the same direction be used primarily as a passing lane." [ 1986 c 93 s 1.]
Information on proper use of left-hand lane: RCW 46.20.095, 46.82.430, 47.36.260.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
[ 1975 c 62 s 22; 1965 ex.s. c 155 s 16. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:
(1)(a) The driver of a vehicle overtaking other traffic proceeding in the same direction shall pass to the left of it at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken traffic.
(b)(i) When the vehicle being overtaken is a motorcycle, motor-driven cycle, or moped, a driver of a motor vehicle found to be in violation of (a) of this subsection must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(ii) The additional fine imposed under (b)(i) of this subsection must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
(2)(a) The driver of a vehicle approaching an individual who is traveling as a pedestrian or on a bicycle, riding an animal, or using a farm tractor or implement of husbandry without an enclosed shell, and who is traveling in the right lane of a roadway or on the right-hand shoulder or bicycle lane of the roadway, shall:
(i) On a roadway with two lanes or more for traffic moving in the direction of travel, before passing and until safely clear of the individual, move completely into a lane to the left of the right lane when it is safe to do so;
(ii) On a roadway with only one lane for traffic moving in the direction of travel:
(A) When there is sufficient room to the left of the individual in the lane for traffic moving in the direction of travel, before passing and until safely clear of the individual:
(I) Reduce speed to a safe speed for passing relative to the speed of the individual; and
(II) Pass at a safe distance, where practicable of at least three feet, to clearly avoid coming into contact with the individual or the individual's vehicle or animal; or
(B) When there is insufficient room to the left of the individual in the lane for traffic moving in the direction of travel to comply with (a)(ii)(A) of this subsection, before passing and until safely clear of the individual, move completely into the lane for traffic moving in the opposite direction when it is safe to do so and in compliance with RCW 46.61.120 and 46.61.125.
(b) A driver of a motor vehicle found to be in violation of this subsection (2) must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(c) The additional fine imposed under (b) of this subsection must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
(d) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(e) This subsection (2) does not apply on a shared street as defined in RCW 46.61.197.
(3) Except when overtaking and passing on the right is permitted, overtaken traffic shall give way to the right in favor of an overtaking vehicle on audible signal and shall not increase speed until completely passed by the overtaking vehicle.
[ 2025 c 300 s 4; 2023 c 471 s 4; 2019 c 403 s 3; 2005 c 396 s 1; 1965 ex.s. c 155 s 17. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
[ 1975 c 62 s 23; 1965 ex.s. c 155 s 18. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing other traffic proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160 and 46.61.212 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching traffic.
[ 2007 c 83 s 3; 2005 c 396 s 2; 1965 ex.s. c 155 s 19. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) No vehicle shall be driven on the left side of the roadway under the following conditions:
(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event other traffic might approach from the opposite direction;
(b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
(c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel;
(d) When a bicycle or pedestrian is within view of the driver and is approaching from the opposite direction, or is present, in the roadway, shoulder, or bicycle lane within a distance unsafe to the bicyclist or pedestrian due to the width or condition of the roadway, shoulder, or bicycle lane.
(2) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
[ 2005 c 396 s 3; 1972 ex.s. c 33 s 2; 1965 ex.s. c 155 s 20. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Nothing in RCW 46.61.110, 46.61.120, or 46.61.125 relieves pedestrians and bicyclists of their legal duties while traveling on public highways.
[ 2005 c 396 s 4. ]
(1) The state department of transportation and the local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
(2) Where signs or markings are in place to define a no-passing zone as set forth in subsection (1) of this section, no driver may at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.
(3) This section does not apply under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road, or driveway.
[ 1984 c 7 s 63; 1972 ex.s. c 33 s 3; 1965 ex.s. c 155 s 21. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) The state department of transportation and the local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices.
(2) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.
(3) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
[ 1984 c 7 s 64; 1975 c 62 s 24; 1965 ex.s. c 155 s 22. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
(3) Official traffic-control devices may be erected directing slow moving or other specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
(5) Pursuant to subsection (1) of this section, the operator of a commercial motor vehicle as defined in RCW 46.25.010 may, with due regard for all other traffic, deviate from the lane in which the operator is driving to the extent necessary to approach and drive through a circular intersection.
[ 2020 c 199 s 2; 1965 ex.s. c 155 s 23. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
(4)(a) When the vehicle being followed is a vulnerable user of a public way, a driver of a motor vehicle found to be in violation of this section must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(b) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(5) The additional fine imposed under subsection (4) of this section must be deposited into the vulnerable roadway user education account created in subsection (6) of this section.
(6) The vulnerable roadway user education account is created in the state treasury. All receipts from the additional fine in subsection (4) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the Washington traffic safety commission solely to:
(a) Support programs dedicated to increasing awareness by law enforcement officers, prosecutors, and judges of opportunities for the enforcement of traffic infractions and offenses committed against vulnerable roadway users; and
(b) With any funds remaining once the program support specified in (a) of this subsection has been provided, support programs dedicated to increasing awareness by the public of the risks and penalties associated with traffic infractions and offenses committed against vulnerable roadway users.
[ 2023 c 471 s 5; 2019 c 403 s 4; 1965 ex.s. c 155 s 24. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority.
[ 1972 ex.s. c 33 s 4; 1965 ex.s. c 155 s 25. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority.
[ 1965 ex.s. c 155 s 26. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
The department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited access highway under their respective jurisdictions prohibit the use of any such highway by funeral processions, or by parades, pedestrians, bicycles or other nonmotorized traffic, or by any person operating a motor-driven cycle. Bicyclists may use the right shoulder of limited access highways except where prohibited. The department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited access highway under their respective jurisdictions prohibit the use of the shoulders of any such highway by bicycles within urban areas or upon other sections of the highway where such use is deemed to be unsafe.
The department of transportation or the local authority adopting any such prohibitory regulation shall erect and maintain official traffic control devices on the limited access roadway on which such regulations are applicable, and when so erected no person may disobey the restrictions stated on such devices.
[ 1982 c 55 s 5; 1975 c 62 s 25; 1965 ex.s. c 155 s 27. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of one or more of the following: (a) Public transportation vehicles; (b) motorcycles; (c) private motor vehicles carrying no fewer than a specified number of passengers; (d) organ transport vehicles transporting a time urgent organ or a time sensitive organ or tissue donor as defined in RCW 68.64.010; or (e) 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 or will aid in the conservation of energy resources.
(2)(a) Any transit-only lanes that allow other vehicles to access abutting businesses that are authorized 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 (5) 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) The state department of transportation and the local authorities authorized to reserve all or any portion of any highway under their respective jurisdictions, for exclusive or preferential use, may prohibit the use of a high occupancy vehicle lane 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 lane fails to meet department of transportation standards and falls below 45 miles per hour at least 90 percent of the time during the peak hours, as determined by the department of transportation or the local authority, whichever operates the facility.
(4) Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction. A person who commits a traffic infraction under this section is also subject to additional monetary penalties as defined in this subsection. The additional monetary penalties are separate from the base penalty, fees, and assessments issued for the traffic infraction and are intended to raise awareness, and improve the efficiency, of the high occupancy vehicle lane system.
(a) Whenever a person commits a traffic infraction under this section, an additional monetary penalty of $50 must be collected, and, in the case that a person has already committed a violation under this section within two years of committing this violation, then an additional $150 must be collected.
(b) Any time a person commits a traffic infraction under this section and is using a dummy, doll, or other human facsimile to make it appear that an additional person is in the vehicle, the person must be assessed a $200 penalty, which is in addition to the penalties in (a) of this subsection.
(c) The monetary penalties under (a) and (b) of this subsection are additional, separate, and distinct penalties from the base penalty and are not subject to fees or assessments specified in RCW 46.63.110, 3.62.090, and 2.68.040.
(d)(i) The additional penalties collected under (a) of this subsection must be distributed as follows:
(A) Twenty-five percent must be deposited into the congestion relief and traffic safety account created under RCW 46.68.398; and
(B) Seventy-five percent must be deposited into the motor vehicle fund created under RCW 46.68.070.
(ii) The additional penalty collected under (b) of this subsection must be deposited into the congestion relief and traffic safety account created under RCW 46.68.398.
(e) Violations committed under this section are excluded from eligibility as a moving violation for driver's license suspension under RCW 46.20.289 when a person subsequently fails to respond to a notice of traffic infraction for this moving violation, fails to appear at a requested hearing for this moving violation, violates a written promise to appear in court for a notice of infraction for this moving violation, or fails to comply with the terms of a notice of traffic infraction for this moving violation.
(5)(a) Local authorities, with the approval of the public transportation provider or providers, are encouraged to establish a process for private transportation providers, as described under subsections (1) and (3) of this section, to apply for the use of public transportation facilities reserved for the exclusive or preferential use of public transportation vehicles. Whenever practicable, local authorities should enter into agreements with such private transportation providers to allow for the reasonable use of these facilities.
(b) 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.
(6) 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 of transportation, and is offered by an employer for the benefit of its employees.
[ 2026 c 81 s 2; 2023 c 290 s 7; 2019 c 467 s 3; 2013 c 26 s 2; 2011 c 379 s 1; 1999 c 206 s 1; 1998 c 245 s 90; 1991 sp.s. c 15 s 67; 1984 c 7 s 65; 1974 ex.s. c 133 s 2. ]
NOTES:
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
Conflict with state and federal environmental mitigation requirements—2011 c 379: "If any part of this act is found to be in conflict with mitigation requirements under the state environmental policy act (chapter 43.21C RCW) or the national environmental policy act (42 U.S.C. Secs. 4321 through 4347) or in any other way conflicts with federal requirements that are a condition or part of the allocation of federal funds to the state or local facilities, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or local authorities." [ 2011 c 379 s 5.]
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.
Limited access facilities: RCW 47.52.025.
(1) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(2) The right-of-way rule declared in subsection (1) of this section is modified at arterial highways and otherwise as stated in this chapter.
(3)(a) When the vehicle on the right approaching the intersection is a vulnerable user of a public way, a driver of a motor vehicle found to be in violation of this section must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(b) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(4) The additional fine imposed under subsection (3) of this section must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
[ 2023 c 471 s 6; 2019 c 403 s 5; 1975 c 62 s 26; 1965 ex.s. c 155 s 28. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Severability—1975 c 62: See note following RCW 36.75.010.
Except when directed to proceed by a flagger, police officer, or firefighter, the driver of a vehicle approaching an intersection controlled by a traffic control signal that is temporarily without power on all approaches or is not displaying any green, red, or yellow indication to the approach the vehicle is on, shall consider the intersection to be an all-way stop. After stopping, the driver shall yield the right-of-way in accordance with RCW 46.61.180(1) and 46.61.185.
[ 1999 c 200 s 1. ]
Notwithstanding any provision of law to the contrary, the operator of a bicycle, moped, or street legal motorcycle approaching an intersection, including a left turn intersection, that is controlled by a triggered traffic control signal using a vehicle detection device that is inoperative due to the size or composition of the bicycle, moped, or street legal motorcycle shall come to a full and complete stop at the intersection. If the traffic control signal, including the left turn signal, as appropriate, fails to operate after one cycle of the traffic signal, the operator may, after exercising due care, proceed directly through the intersection or proceed to turn left, as appropriate. It is not a defense to a violation of RCW 46.61.050 that the operator of a bicycle, moped, or motorcycle proceeded under the belief that a traffic control signal used a vehicle detection device or was inoperative due to the size or composition of the bicycle, moped, or motorcycle when the signal did not use a vehicle detection device or that any such device was not in fact inoperative due to the size or composition of the bicycle, moped, or motorcycle. For purposes of this section, "bicycle" includes a bicycle, as defined in RCW 46.04.071, and an electric-assisted bicycle, as defined in RCW 46.04.169.
[ 2015 c 32 s 1; 2014 c 167 s 1. ]
(1) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
(2)(a) When the vehicle approaching from the opposite direction within the intersection or so close that it constitutes an immediate hazard is a vulnerable user of a public way, a driver of a motor vehicle found to be in violation of this section must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(b) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(3) The additional fine imposed under subsection (2) of this section must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
[ 2023 c 471 s 7; 2019 c 403 s 6; 1965 ex.s. c 155 s 29. ]
NOTES:
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
(1) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in RCW 47.36.110.
(2)(a) Except when directed to proceed by a duly authorized flagger, or a police officer, or a firefighter vested by law with authority to direct, control, or regulate traffic, every driver of a vehicle approaching a stop sign shall stop except as provided in (b) of this subsection at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and after having stopped shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
(b)(i) With the exception of (b)(ii) and (iii) of this subsection, a person operating a bicycle approaching a stop sign shall either:
(A) Follow the requirements for approaching a stop sign as specified in (a) of this subsection; or
(B) Follow the requirements for approaching a yield sign as specified in subsection (3) of this section.
(ii) A person operating a bicycle approaching a stop sign located at a highway grade crossing of a railroad must follow the requirements of RCW 46.61.345.
(iii) A person operating a bicycle approaching a "stop" signal in use by a school bus, as required under RCW 46.37.190, must follow the requirements of RCW 46.61.370.
(3) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and then after slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways: PROVIDED, That if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver's failure to yield right-of-way.
(4)(a) When right-of-way has not been yielded in accordance with this section to a vehicle that is a vulnerable user of a public way, a driver of a motor vehicle found to be in violation of this section must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(b) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(5) The additional fine imposed under subsection (4) of this section must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
[ 2023 c 471 s 8; 2020 c 66 s 2; 2019 c 403 s 7; 2000 c 239 s 5; 1975 c 62 s 27; 1965 ex.s. c 155 s 30. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Effective date—2020 c 66: See note following RCW 46.61.050.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
Stop signs, "Yield" signs—Duties of persons using highway: RCW 47.36.110.
All state highways are hereby declared to be arterial highways as respects all other public highways or private ways, except that the state department of transportation has the authority to designate any county road or city street as an arterial having preference over the traffic on the state highway if traffic conditions will be improved by such action.
Those city streets designated by the state department of transportation as forming a part of the routes of state highways through incorporated cities and towns are declared to be arterial highways as respects all other city streets or private ways.
The governing authorities of incorporated cities and towns may designate any street as an arterial having preference over the traffic on a state highway if the change is first approved in writing by the state department of transportation. The local authorities making such a change in arterial designation shall do so by proper ordinance or resolution and shall erect or cause to be erected and maintained standard stop signs, or "Yield" signs, to accomplish this change in arterial designation.
The operator of any vehicle entering upon any arterial highway from any other public highway or private way shall come to a complete stop before entering the arterial highway when stop signs are erected as provided by law.
[ 1984 c 7 s 66; 1963 ex.s. c 3 s 48; 1961 c 12 s 46.60.330. Prior: 1955 c 146 s 5; 1947 c 200 s 14; 1937 c 189 s 105; Rem. Supp. 1947 s 6360-105. Formerly RCW 46.60.330. ]
NOTES:
City streets subject to increased speed, designation as arterials: RCW 46.61.435.
Stop signs, "Yield" signs—Duties of persons using highway: RCW 47.36.110.
(1)(a) A local authority may designate a nonarterial highway, except as provided in (b) of this subsection, to be a shared street under this section, if the local authority has developed procedures for establishing shared streets.
(b) Nonarterial highways that are state highways may not be designated shared streets unless they are the primary roads through a central business district. For the purposes of this subsection, "central business district" means a downtown or neighborhood commercial area with boundaries defined in the local ordinance designating the shared street. A local authority must consult with the department of transportation and obtain the department's approval, consistent with the requirements of RCW 47.24.020, before establishing a shared street on a state highway.
(2) Vehicular traffic traveling along a shared street shall yield the right-of-way to any pedestrian, bicyclist, or operator of a micromobility device on the shared street.
(3) A bicyclist or operator of a micromobility device shall yield the right-of-way to any pedestrian on a shared street.
(4) Any local authority that designates a nonarterial highway to be a shared street as provided by this section must post an annual report on the local authority's website of the number of traffic accidents, including those that involve a pedestrian, bicyclist, or operator of a micromobility device, that occurred on the designated shared street. The report must also include the number of speeding violations and driving under the influence violations that occurred on the designated shared street.
(5) For purposes of this section:
(a) "Micromobility device" means personal or shared nonmotorized scooters, "motorized foot scooters" as defined in RCW 46.04.336, and "electric personal assistive mobility devices" (EPAMD) as defined in RCW 46.04.1695; and
(b) "Shared street" means a city street designated by placement of official traffic control devices where pedestrians, bicyclists, and vehicular traffic share a portion or all of the same street.
[ 2025 c 417 s 904; 2025 c 300 s 1. ]
NOTES:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
In addition to the points of intersection of any public highway with any arterial public highway that is constituted by law or by any proper authorities of this state or any city or town of this state, the state department of transportation with respect to state highways, and the proper authorities with respect to any other public highways, have the power to determine and designate any particular intersection, or any particular highways, roads, or streets or portions thereof, at any intersection with which vehicles shall be required to stop before entering such intersection. Upon the determination and designation of such points at which vehicles will be required to come to a stop before entering the intersection, except as provided in RCW 46.61.190, the proper authorities so determining and designating shall cause to be posted and maintained proper signs of the standard design adopted by the state department of transportation indicating that the intersection has been so determined and designated and that vehicles entering it are required to stop, except as provided in RCW 46.61.190. It is unlawful for any person operating any vehicle when entering any intersection determined, designated, and bearing the required sign to fail and neglect to bring the vehicle to a complete stop before entering the intersection, except as provided in RCW 46.61.190.
[ 2020 c 66 s 3; 1984 c 7 s 67; 1961 c 12 s 46.60.340. Prior: 1937 c 189 s 106; RRS s 6360-106; 1927 c 284 s 1; RRS s 6362-41a. Formerly RCW 46.60.340. ]
NOTES:
Effective date—2020 c 66: See note following RCW 46.61.050.
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic control signal indications to proceed.
[ 2010 c 8 s 9067; 1975 c 62 s 48. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles lawfully approaching on said highway.
(2)(a) When right-of-way has not been yielded in accordance with this section to a vehicle that is a vulnerable user of a public way, a driver of a motor vehicle found to be in violation of this section must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(b) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(3) The additional fine imposed under subsection (2) of this section must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
[ 2023 c 471 s 9; 2019 c 403 s 8; 1990 c 250 s 88; 1965 ex.s. c 155 s 31. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
(1) Upon the immediate approach of an authorized emergency vehicle, or organ transport vehicle transporting a time urgent organ as defined in RCW 68.64.010, making use of audible and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle properly and lawfully making use of an audible signal only the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or organ transport vehicle has passed, except when otherwise directed by a police officer.
(2) This section shall not operate to relieve the driver of an authorized emergency vehicle or organ transport vehicle from the duty to drive with due regard for the safety of all persons using the highway. To the greatest extent practicable, organ transport services as defined in RCW 18.73.030 shall notify the state patrol when an organ transport vehicle is operating under the provisions of this section.
[ 2023 c 290 s 6; 1965 ex.s. c 155 s 32. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) An emergency or work zone is defined as the adjacent lanes of the roadway 200 feet before and after:
(a) A stationary authorized emergency vehicle that is making use of audible and/or visual signals meeting the requirements of RCW 46.37.190;
(b) A tow truck that is making use of visual lights meeting the requirements of RCW 46.37.196;
(c) Other vehicles providing roadside assistance that are making use of warning lights with 360 degree visibility;
(d) A police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights; or
(e) A stationary or slow moving highway construction vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle making use of flashing lights that meet the requirements of RCW 46.37.300 or warning lights with 360 degree visibility.
(2) The driver of any motor vehicle, upon approaching an emergency or work zone, shall:
(a) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution, reduce the speed of the vehicle, and, if the opportunity exists, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by an emergency or work zone vehicle identified in subsection (1) of this section;
(b) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle, and, if the opportunity exists, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway; or
(c) If changing lanes or moving away would be unsafe, proceed with due caution and continue to reduce the speed of the vehicle to at least 10 miles per hour below the posted speed limit, except for when the posted speed limit exceeds 60 miles per hour or more, then reduce the speed of the vehicle to no more than 50 miles per hour.
(3) A person may not drive a vehicle in an emergency or work zone at a speed greater than the posted speed limit or greater than what is permitted under subsection (2)(c) of this section.
(4) A person found to be in violation of this section, or any infraction relating to speed restrictions in an emergency or work zone, must be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(5) A person who drives a vehicle in an emergency or work zone in such a manner as to endanger or be likely to endanger any emergency or work zone worker or property is guilty of reckless endangerment of emergency or work zone workers. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(6) The department shall suspend for 60 days the driver's license, permit to drive, or nonresident driving privilege of a person convicted of reckless endangerment of emergency or work zone workers.
[ 2023 c 33 s 3; 2022 c 279 s 2; 2019 c 106 s 1; 2018 c 18 s 2; 2010 c 252 s 1; 2007 c 83 s 1; 2005 c 413 s 1. ]
NOTES:
Short title—2023 c 33: See note following RCW 46.37.196.
Effective date—2010 c 252: "This act takes effect January 1, 2011." [ 2010 c 252 s 6.]
(1) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway, including highway construction and highway maintenance workers, and flaggers, within any highway construction or maintenance area indicated by official traffic control devices.
(2) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of RCW 46.37.300.
[ 2018 c 18 s 3; 1975 c 62 s 40. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) The driver of a vehicle shall yield the right-of-way to a transit vehicle traveling in the same direction that has signalled and is reentering the traffic flow.
(2) Nothing in this section shall operate to relieve the driver of a transit vehicle from the duty to drive with due regard for the safety of all persons using the roadway.
[ 1993 c 401 s 1. ]
Pedestrians shall be subject to traffic-control signals at intersections as provided in RCW 46.61.060, and at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
[ 1965 ex.s. c 155 s 33. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian, bicycle, or personal delivery device to cross the roadway within an unmarked or marked crosswalk when the pedestrian, bicycle, or personal delivery device is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(2) No pedestrian, bicycle, or personal delivery device shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
(3) Subsection (1) of this section does not apply under the conditions stated in RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian, bicycle, or personal delivery device to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(5)(a) If a person is found to have committed an infraction under this section within a school, playground, or crosswalk speed zone created under RCW 46.61.440, the person must be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. The penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection must be deposited into the school zone safety account.
[ 2019 c 214 s 12; 2010 c 242 s 1; 2000 c 85 s 1; 1993 c 153 s 1; 1990 c 241 s 4; 1965 ex.s. c 155 s 34. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.
Effective date—2010 c 242: See note following RCW 46.61.275.
(1) Every pedestrian or personal delivery device crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(2) Where curb ramps exist at or adjacent to intersections or at marked crosswalks in other locations, persons with disabilities or personal delivery devices may enter the roadway from the curb ramps and cross the roadway within or as closely as practicable to the crosswalk. All other pedestrian rights and duties as defined elsewhere in this chapter remain applicable.
(3) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(4) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
(5) No pedestrian or personal delivery device shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians and personal delivery devices shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
(6) No pedestrian or personal delivery device shall cross a roadway at an unmarked crosswalk where an official sign prohibits such crossing.
(7) This section does not apply on a shared street as defined in RCW 46.61.197.
[ 2025 c 300 s 5; 2019 c 214 s 13; 1990 c 241 s 5; 1965 ex.s. c 155 s 35. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.
(1) Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.
(2)(a) If a person is found to have committed an infraction under this section within a school, playground, or crosswalk speed zone created under RCW 46.61.440, the person must be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. The penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection must be deposited into the school zone safety account.
[ 2010 c 242 s 2; 1965 ex.s. c 155 s 36. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2010 c 242: See note following RCW 46.61.275.
Blind pedestrians: Chapter 70.84 RCW.
(1) Where sidewalks are provided and are accessible, it is unlawful for any pedestrian to walk or otherwise move along and upon an adjacent roadway. Where sidewalks are provided but wheelchair access is not available, persons with disabilities who require such access may walk or otherwise move along and upon an adjacent roadway until they reach an access point in the sidewalk.
(2) Where sidewalks are not provided or are inaccessible, a pedestrian walking or otherwise moving along and upon a highway, and any personal delivery device moving along and upon a highway, shall:
(a) When shoulders are provided and are accessible, walk or move on the shoulder of the roadway as far as is practicable from the edge of the roadway, facing traffic when a shoulder is available in this direction; or
(b) When shoulders are not provided or are inaccessible, walk or move as near as is practicable to the outside edge of the roadway facing traffic, and when practicable, move clear of the roadway upon meeting an oncoming vehicle.
(3) A pedestrian traveling to the nearest emergency reporting device on a one-way roadway of a controlled access highway is not required to travel facing traffic as otherwise required by subsection (2) of this section.
(4) When walking or otherwise moving along and upon an adjacent roadway, a pedestrian shall exercise due care to avoid colliding with any vehicle upon the roadway.
(5) Subsections (1) and (2) of this section do not apply when the roadway is duly closed to vehicular traffic by placement of official traffic control devices for the sole purposes of pedestrian and bicyclist use of the roadway.
(6) Subsections (1), (2), and (4) of this section do not apply on a shared street as defined in RCW 46.61.197.
[ 2025 c 300 s 2; 2022 c 235 s 3. Prior: 2019 c 403 s 9; 2019 c 214 s 14; 1990 c 241 s 6; 1965 ex.s. c 155 s 37. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Effective date—2019 c 214: See note following RCW 46.75.010.
(1) No person shall stand in or on a public roadway or alongside thereof at any place where a motor vehicle cannot safely stop off the main traveled portion thereof for the purpose of soliciting a ride for himself or herself or for another from the occupant of any vehicle.
(2) It shall be unlawful for any person to solicit a ride for himself or herself or another from within the right-of-way of any limited access facility except in such areas where permission to do so is given and posted by the highway authority of the state, county, city, or town having jurisdiction over the highway.
(3) The provisions of subsections (1) and (2) above shall not be construed to prevent a person upon a public highway from soliciting, or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.
(4) No person shall stand in a roadway for the purpose of soliciting employment or business from the occupant of any vehicle.
(5) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(6)(a) Except as provided in (b) of this subsection, the state preempts the field of the regulation of hitchhiking in any form, and no county, city, or town shall take any action in conflict with the provisions of this section.
(b) A county, city, or town may regulate or prohibit hitchhiking in an area in which it has determined that prostitution is occurring and that regulating or prohibiting hitchhiking will help to reduce prostitution in the area.
[ 2010 c 8 s 9068; 1989 c 288 s 1; 1972 ex.s. c 38 s 1; 1965 ex.s. c 155 s 38. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No vehicle shall at any time be driven through or within a safety zone.
[ 1965 ex.s. c 155 s 39. ]
(1) The driver of a vehicle shall yield the right-of-way to any pedestrian, bicycle, or personal delivery device on a sidewalk. The rider of a bicycle shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk. A personal delivery device must yield the right-of-way to a pedestrian or a bicycle on a sidewalk or crosswalk.
(2)(a) If a person is found to have committed an infraction under this section within a school, playground, or crosswalk speed zone created under RCW 46.61.440, the person must be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. The penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection must be deposited into the school zone safety account.
[ 2019 c 214 s 15; 2010 c 242 s 3; 2000 c 85 s 2; 1975 c 62 s 41. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.
Effective date—2010 c 242: See note following RCW 46.61.275.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of RCW 46.37.380(4) and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle meeting the requirements of RCW 46.61.035(3), every pedestrian and every personal delivery device shall yield the right-of-way to the authorized emergency vehicle.
(2) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian or any personal delivery device.
[ 2019 c 214 s 16; 1975 c 62 s 42. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.
Severability—1975 c 62: See note following RCW 36.75.010.
A law enforcement officer may offer to transport a pedestrian who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the pedestrian is to be taken into protective custody under *RCW 70.96A.120.
The law enforcement officer offering to transport an intoxicated pedestrian under this section shall:
(1) Transport the intoxicated pedestrian to a safe place; or
(2) Release the intoxicated pedestrian to a competent person.
The law enforcement officer shall take no action if the pedestrian refuses this assistance. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the pedestrian to accept this assistance.
[ 1990 c 241 s 7; 1987 c 11 s 1; 1975 c 62 s 43. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
*Reviser's note: RCW 70.96A.120 was repealed by 2016 sp.s. c 29 s 301, effective April 1, 2018.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) No pedestrian or personal delivery device shall enter or remain upon any bridge or approach thereto beyond a bridge signal gate, or barrier indicating a bridge is closed to through traffic, after a bridge operation signal indication has been given.
(2) No pedestrian or personal delivery device shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
[ 2019 c 214 s 17; 1975 c 62 s 44. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) A crossing guard who is eighteen years of age or older and observes a violation of RCW 46.61.235(5), 46.61.245(2), or 46.61.261(2) may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred. A crossing guard or school official may deliver the report to a law enforcement officer of the state, county, or municipality in which the violation occurred, but not more than seventy-two hours after the violation occurred. The crossing guard must include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation.
(2) The law enforcement officer may initiate an investigation of the reported violation after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver. If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.235(5), 46.61.245(2), or 46.61.261(2) has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle.
[ 2010 c 242 s 5. ]
NOTES:
Effective date—2010 c 242: "This act takes effect July 1, 2010." [ 2010 c 242 s 6.]
The driver of a vehicle intending to turn shall do so as follows:
(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.
(3) Two-way left turn lanes.
(a) The department of transportation and local authorities in their respective jurisdictions may designate a two-way left turn lane on a roadway. A two-way left turn lane is near the center of the roadway set aside for use by vehicles making left turns in either direction from or into the roadway.
(b) Two-way left turn lanes shall be designated by distinctive uniform roadway markings. The department of transportation shall determine and prescribe standards and specifications governing type, length, width, and positioning of the distinctive permanent markings. The standards and specifications developed shall be filed with the code reviser in accordance with the procedures set forth in the administrative procedure act, chapter 34.05 RCW. On and after July 1, 1971, permanent markings designating a two-way left turn lane shall conform to such standards and specifications.
(c) Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. No vehicle may travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the actual left turn movement is made.
(4) The department of transportation and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and when the devices are so placed no driver of a vehicle may turn a vehicle other than as directed and required by the devices.
[ 1997 c 202 s 1. Prior: 1984 c 12 s 1; 1984 c 7 s 68; 1975 c 62 s 28; 1969 ex.s. c 281 s 61; 1965 ex.s. c 155 s 40. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.
[ 1975 c 62 s 29; 1965 ex.s. c 155 s 41. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
[ 1965 ex.s. c 155 s 42. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
[ 1975 c 62 s 30; 1965 ex.s. c 155 s 43. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (2) hereof.
(2) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles.
[ 1965 ex.s. c 155 s 44. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn. Hand and arm extended horizontally.
(2) Right turn. Hand and arm extended upward.
(3) Stop or decrease speed. Hand and arm extended downward.
[ 1965 ex.s. c 155 s 45. ]
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until the crossing can be made safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;
(b) A crossing gate is lowered or when a human flagger gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;
(c) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
[ 2017 c 87 s 1; 2000 c 239 s 6; 1965 ex.s. c 155 s 46. ]
NOTES:
Captions not law—2000 c 239: See note following RCW 49.17.350.
The state department of transportation and local authorities within their respective jurisdictions are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those crossings. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and shall proceed only upon exercising due care.
[ 1984 c 7 s 69; 1965 ex.s. c 155 s 47. ]
(1)(a) The driver of any of the following vehicles must stop before the stop line, if present, and otherwise within fifty feet but not less than fifteen feet from the nearest rail at a railroad grade crossing unless exempt under subsection (3) of this section:
(i) A school bus or private carrier bus carrying any school child or other passenger;
(ii) A commercial motor vehicle transporting passengers;
(iii) A cargo tank, whether loaded or empty, used for transporting any hazardous material as defined in the hazardous materials regulations of the United States department of transportation in 49 C.F.R. Parts 107 through 180 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section. For the purposes of this section, a cargo tank is any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis;
(iv) A cargo tank, whether loaded or empty, transporting a commodity under exemption in accordance with 49 C.F.R. Part 107, Subpart B as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section;
(v) A cargo tank transporting a commodity that at the time of loading has a temperature above its flashpoint as determined by the United States department of transportation in 49 C.F.R. Sec. 173.120 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section; or
(vi) A commercial motor vehicle that is required to be marked or placarded with any one of the following classifications by the United States department of transportation in 49 C.F.R. Part 172 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section:
(A) Division 1.1, Division 1.2, Division 1.3, or Division 1.4;
(B) Division 2.1, Division 2.2, Division 2.2 oxygen, Division 2.3 poison gas, or Division 2.3 chlorine;
(C) Division 4.1 or Division 4.3;
(D) Division 5.1 or Division 5.2;
(E) Division 6.1 poison;
(F) Class 3 combustible liquid or Class 3 flammable;
(G) Class 7;
(H) Class 8.
(b) While stopped, the driver must listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment. The driver may not proceed until he or she can do so safely.
(2) After stopping at a railroad grade crossing and upon proceeding when it is safe to do so, the driver must cross only in a gear that permits the vehicle to traverse the crossing without changing gears. The driver may not shift gears while crossing the track or tracks.
(3) This section does not apply at any railroad grade crossing where:
(a) Traffic is controlled by a police officer or flagger.
(b) A functioning traffic control signal is transmitting a green light.
(c) The tracks are used exclusively for a streetcar or industrial switching purposes.
(d) The utilities and transportation commission has approved the installation of an "exempt" sign in accordance with the procedures and standards under RCW 81.53.060.
(e) The crossing is abandoned and is marked with a sign indicating it is out-of-service.
(f) The utilities and transportation commission has identified a crossing where stopping is not required under RCW 81.53.060.
(4) For the purpose of this section, "commercial motor vehicle" means: Any vehicle with a manufacturer's seating capacity for eight or more passengers, including the driver, that transports passengers for hire; any private carrier bus; any vehicle used to transport property that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 pounds) or more; and any vehicle used in the transportation of hazardous materials as defined in RCW 46.25.010.
[ 2017 c 87 s 2; 2014 c 154 s 3; 2011 c 151 s 6. Prior: 2010 c 15 s 1; 2010 c 8 s 9069; 1977 c 78 s 1; 1975 c 62 s 31; 1970 ex.s. c 100 s 7; 1965 ex.s. c 155 s 48. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given to the station agent of such railroad located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such crossing.
(3) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment, and shall not proceed until the crossing can be made safely.
(4) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car or other on-track equipment. If a flagger is provided by the railroad, movement over the crossing shall be under the flagger's direction.
[ 2017 c 87 s 3; 2000 c 239 s 7; 1975 c 62 s 32; 1965 ex.s. c 155 s 49. ]
NOTES:
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian or personal delivery device as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.
[ 2019 c 214 s 18; 1965 ex.s. c 155 s 51. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2019 c 214: See note following RCW 46.75.010.
(1) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
(3) The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
(4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children.
(5) The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops.
(6) Except as provided in subsection (7) of this section, a person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer and disbursed in accordance with RCW 46.61.440(5).
(7) An infraction of subsection (1) of this section detected through the use of an automated school bus safety camera under RCW 46.63.180 is not a part of the registered owner's driving record under RCW 46.52.101 and 46.52.120, and must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the fine issued for a violation of this section detected through the use of an automated school bus safety camera shall not exceed twice the monetary penalty for a violation of this section as provided under RCW 46.63.110.
[ 2011 c 375 s 3; 1997 c 80 s 1; 1990 c 241 s 8; 1965 ex.s. c 155 s 52. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Intent—2011 c 375: See note following RCW 46.63.180.
Bus routes: RCW 28A.160.115.
If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to believe that a violation has occurred, the officer may request the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation occurred. When requested, the owner of the motor vehicle shall identify the driver to the best of the owner's ability. The owner of the vehicle is not required to supply identification information to the law enforcement officer if the owner believes the information is self-incriminating.
[ 1992 c 39 s 1. ]
(1) The driver of a school bus who observes a violation of RCW 46.61.370 may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred. The driver of the school bus or a school official may deliver the report to a law enforcement officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the violation occurred. The driver shall include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation.
(2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver. Failure to investigate within the ten working day period does not prohibit further investigation or prosecution. If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.370 has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle.
[ 1992 c 39 s 2. ]
(1) The driver of a vehicle upon overtaking or meeting from either direction any private carrier bus which has stopped on the roadway for the purpose of receiving or discharging any passenger shall stop the vehicle before reaching such private carrier bus when there is in operation on said bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such bus resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers.
(3) The driver of a vehicle upon a highway with three or more lanes need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers.
(4) The driver of a private carrier bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging passengers.
(5) The driver of a private carrier bus may stop a private carrier bus completely off the roadway for the purpose of receiving or discharging passengers only when the passengers do not have to cross the roadway. The private carrier bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading passengers at such stops.
[ 1990 c 241 s 9; 1970 ex.s. c 100 s 8. ]
(1) The state superintendent of public instruction shall adopt and enforce rules not inconsistent with the law of this state to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in this state for the transportation of school children.
(2) School districts shall not be prohibited from placing or displaying a flag of the United States on a school bus when it does not interfere with the vehicle's safe operation. The state superintendent of public instruction shall adopt and enforce rules not inconsistent with the law of this state to govern the size, placement, and display of the flag of the United States on all school buses referenced in subsection (1) of this section.
(3) Rules shall by reference be made a part of any such contract or other agreement with the school district. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district is subject to such rules. It is unlawful for any officer or employee of any school district or for any person operating any school bus under contract with any school district to violate any of the provisions of such rules.
[ 2002 c 29 s 1; 1995 c 269 s 2501; 1984 c 7 s 70; 1961 c 12 s 46.48.150. Prior: 1937 c 189 s 131; RRS s 6360-131. Formerly RCW 46.48.150. ]
NOTES:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.
School buses
generally: Chapter 28A.160 RCW.
signs: RCW 46.37.193.
stop signal and lamps: RCW 46.37.190.
The superintendent of public instruction, through the superintendent of schools of any school district, or other officer or board performing like functions with respect to the schools of any other educational administrative district, may cause to be appointed voluntary adult recruits as supervisors and, from the student body of any public or private school or institution of learning, students, who shall be known as members of the "school patrol" and who shall serve without compensation and at the pleasure of the authority making the appointment.
The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of the school patrol when in performance of their duties, and they may display "stop" or other proper traffic directional signs or signals at school crossings or other points where school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.
School districts, at their discretion, may hire sufficient numbers of adults to serve as supervisors. Such adults shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.
Any school district having a school patrol may purchase uniforms and other appropriate insignia, traffic signs and other appropriate materials, all to be used by members of such school patrol while in performance of their duties, and may pay for the same out of the general fund of the district.
It shall be unlawful for the operator of any vehicle to fail to stop his or her vehicle when directed to do so by a school patrol sign or signal displayed by a member of the school patrol engaged in the performance of his or her duty and wearing or displaying appropriate insignia, and it shall further be unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his or her duties as such.
School districts may expend funds from the general fund of the district to pay premiums for life and accident policies covering the members of the school patrol in their district while engaged in the performance of their school patrol duties.
Members of the school patrol shall be considered as employees for the purposes of RCW 28A.400.370.
[ 2010 c 8 s 9070; 1990 c 33 s 585; 1974 ex.s. c 47 s 1; 1961 c 12 s 46.48.160. Prior: 1953 c 278 s 1; 1937 c 189 s 130; RRS s 6360-130; 1927 c 309 s 42; RRS s 6362-42. Formerly RCW 46.48.160. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.
(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
[ 1965 ex.s. c 155 s 54; 1963 c 16 s 1. Formerly RCW 46.48.011. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Saving of existing orders, etc., establishing speed limits—1963 c 16: "This act shall not repeal or invalidate existing orders and resolutions of the state highway commission or existing resolutions and ordinances of local authorities establishing speed limits within their respective jurisdictions." [ 1963 c 16 s 7. Formerly RCW 46.48.016.]
(1) Whenever the secretary of transportation shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater than is reasonable or safe with respect to a state highway under the conditions found to exist at any intersection or upon any other part of the state highway system or at state ferry terminals, or that a general reduction of any maximum speed set forth in RCW 46.61.400 is necessary in order to comply with a national maximum speed limit, the secretary may determine and declare a reasonable and safe lower maximum limit or a lower maximum limit which will comply with a national maximum speed limit, for any state highway, the entire state highway system, or any portion thereof, which shall be effective when appropriate signs giving notice thereof are erected. The secretary may also fix and regulate the speed of vehicles on any state highway within the maximum speed limit allowed by this chapter for special occasions including, but not limited to, local parades and other special events. Any such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the said signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective (a) when posted upon appropriate fixed or variable signs or (b) if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective 30 days after written notice thereof is mailed in the manner provided in RCW 46.61.410(4), as now or hereafter amended.
(2) The secretary of transportation may establish a maximum speed limit of 20 miles per hour on a nonarterial state highway, or part of a nonarterial state highway, without a determination made on the basis of an engineering and traffic investigation, subject to the conditions described in RCW 46.61.415(3).
[ 2022 c 235 s 2; 1987 c 397 s 3; 1977 ex.s. c 151 s 34; 1974 ex.s. c 103 s 1; 1970 ex.s. c 100 s 2; 1967 c 25 s 1; 1963 c 16 s 2. Formerly RCW 46.48.012. ]
NOTES:
Intent—1987 c 397: See note following RCW 46.61.410.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
(1)(a) Subject to subsection (2) of this section the secretary may increase the maximum speed limit on any highway or portion thereof to not more than seventy-five miles per hour in accordance with the design speed thereof (taking into account all safety elements included therein), or whenever the secretary determines upon the basis of an engineering and traffic investigation that such greater speed is reasonable and safe under the circumstances existing on such part of the highway.
(b) The greater maximum limit established under (a) of this subsection shall be effective when appropriate signs giving notice thereof are erected, or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
(c) Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon said signs or in the case of auto stages, as indicated in said written notice; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
(2) The maximum speed limit for vehicles over ten thousand pounds gross weight and vehicles in combination except auto stages shall not exceed sixty miles per hour and may be established at a lower limit by the secretary as provided in RCW 46.61.405.
(3) The word "trucks" used by the department on signs giving notice of maximum speed limits means vehicles over ten thousand pounds gross weight and all vehicles in combination except auto stages.
(4) Whenever the secretary establishes maximum speed limits for auto stages lower than the maximum limits for automobiles, the secretary shall cause to be mailed notice thereof to each auto transportation company holding a certificate of public convenience and necessity issued by the Washington utilities and transportation commission. The notice shall be mailed to the chief place of business within the state of Washington of each auto transportation company or if none then its chief place of business without the state of Washington.
[ 2015 c 58 s 2; 1996 c 52 s 1; 1987 c 397 s 4; 1977 ex.s. c 151 s 35; 1974 ex.s. c 103 s 2; 1970 ex.s. c 100 s 1; 1969 ex.s. c 12 s 1; 1965 ex.s. c 155 s 55; 1963 c 16 s 3. Formerly RCW 46.48.013. ]
NOTES:
Intent—1987 c 397: "It is the intent of the legislature to increase the speed limit to sixty-five miles per hour on those portions of the rural interstate highway system where the increase would be safe and reasonable and is allowed by federal law. It is also the intent of the legislature that the sixty-five miles per hour speed limit be strictly enforced." [ 1987 c 397 s 1.]
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
(1) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under RCW 46.61.400 or 46.61.440 is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which[:]
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than 60 miles per hour; or
(c) Decreases the limit but not to less than 20 miles per hour.
(2) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon, which may be greater or less than the maximum speed permitted under RCW 46.61.400(2) but shall not exceed 60 miles per hour.
(3)(a) Local authorities in their respective jurisdictions may establish a maximum speed limit of 20 miles per hour on a nonarterial highway or part of a nonarterial highway or a maximum speed limit of 10 miles per hour on a shared street as defined in RCW 46.61.197.
(b) A speed limit established under this subsection by a local authority does not need to be determined on the basis of an engineering and traffic investigation if the local authority has developed procedures regarding establishing a maximum speed limit under this subsection. Any speed limit established under this subsection may be canceled within one year of its establishment, and the previous speed limit reestablished, without an engineering and traffic investigation. This subsection does not otherwise affect the requirement that local authorities conduct an engineering and traffic investigation to determine whether to increase speed limits.
(c) When establishing speed limits under this subsection, local authorities shall consult the manual on uniform traffic control devices as adopted by the Washington state department of transportation.
(4) The secretary of transportation is authorized to establish speed limits on county roads and city and town streets as shall be necessary to conform with any federal requirements, which are a prescribed condition for the allocation of federal funds to the state.
(5) Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon such signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(6) Any alteration of maximum limits on state highways within incorporated cities or towns by local authorities shall not be effective until such alteration has been approved by the secretary of transportation.
[ 2025 c 300 s 3; 2022 c 235 s 1; 2013 c 264 s 1; 1977 ex.s. c 151 s 36; 1974 ex.s. c 103 s 3; 1963 c 16 s 4. Formerly RCW 46.48.014. ]
NOTES:
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.34, 64.32, or 64.38 RCW if:
(1) A majority of the homeowner's association's, association of apartment owners', or condominium association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the homeowner's association, association of apartment owners, or condominium association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;
(3) The homeowner's association, association of apartment owners, or condominium association has provided written notice to all of the homeowners, apartment owners, or unit owners describing the new authority to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at all vehicle entrances to the community.
PDFRCW 46.61.419
Private roads—Speed enforcement. (Effective January 1, 2028.)
State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.90 RCW if:
(1) A majority of the unit owners association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the unit owners association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;
(3) The unit owners association has provided written notice to all of the unit owners describing the new authority to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at all vehicle entrances to the common interest community.
[ 2024 c 321 s 406; 2013 c 269 s 1; 2003 c 193 s 1.]
[ 2013 c 269 s 1; 2003 c 193 s 1. ]
NOTES:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
(2) Whenever the secretary of transportation or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway unreasonably impede the normal movement of traffic, the secretary or such local authority may determine and declare a minimum speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle slower than such minimum speed limit except when necessary for safe operation or in compliance with law.
[ 1977 ex.s. c 151 s 37; 1969 c 135 s 1; 1967 c 25 s 2; 1963 c 16 s 6. Formerly RCW 46.48.015. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow moving vehicle, behind which five or more vehicles are formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the vehicles following to proceed. As used in this section a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
[ 1973 c 88 s 1. ]
(1) The state department of transportation and local authorities are authorized to determine those portions of any two-lane highways under their respective jurisdictions on which drivers of slow-moving vehicles may safely drive onto improved shoulders for the purpose of allowing overtaking vehicles to pass and may by appropriate signs indicate the beginning and end of such zones.
(2) Where signs are in place to define a driving-on-shoulder zone as set forth in subsection (1) of this section, the driver of a slow-moving vehicle may drive onto and along the shoulder within the zone but only for the purpose of allowing overtaking vehicles to pass and then shall return to the roadway.
(3) Signs erected to define a driving-on-shoulder zone take precedence over pavement markings for the purpose of allowing the movements described in subsection (2) of this section.
[ 1984 c 7 s 71; 1977 ex.s. c 39 s 1. ]
Notwithstanding any law to the contrary or inconsistent herewith, the secretary of transportation shall have the power and the duty to fix and regulate the speed of vehicles within the maximum speed limit allowed by law for state highways, designated as limited access facilities, regardless of whether a portion of said highway is within the corporate limits of a city or town. No governing body or authority of such city or town or other political subdivision may have the power to pass or enforce any ordinance, rule, or regulation requiring a different rate of speed, and all such ordinances, rules, and regulations contrary to or inconsistent therewith now in force are void and of no effect.
[ 1977 ex.s. c 151 s 38; 1974 ex.s. c 103 s 4; 1961 c 12 s 46.48.041. Prior: 1955 c 177 s 5. Formerly RCW 46.48.041. ]
NOTES:
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
The governing body or authority of any such city or town or political subdivision shall place and maintain upon each and every highway intersecting a highway where an increased speed is permitted, as provided in this chapter, appropriate stop or yield signs, sufficient to be read at any time by any person upon approaching and entering the highway upon which such increased speed is permitted and such city street or such portion thereof as is subject to the increased speed shall be an arterial highway.
[ 1975 c 62 s 33; 1961 c 12 s 46.48.046. Prior: 1951 c 28 s 4; prior: 1937 c 189 s 66, part; RRS s 6360-66, part; 1927 c 309 s 5, part; 1921 c 96 s 41, part; 1919 c 59 s 13, part; 1917 c 155 s 20, part; 1915 c 142 s 34, part; RRS s 6362-5, part. Formerly RCW 46.48.046. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
Designation of city streets as arterials, stopping on entering: RCW 46.61.195.
Traffic control signals or devices upon city streets forming part of state highways: RCW 46.61.085.
(1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.
(2) A county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground, in which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per hour. The school or playground speed zone may extend three hundred feet from the border of the school or playground property; however, the speed zone may only include area consistent with active school or playground use.
(3) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) School districts may erect signs that comply with the uniform state standards adopted and designated by the department of transportation under RCW 47.36.030, informing motorists of the increased monetary penalties assessed for violations of RCW 46.61.235, 46.61.245, or 46.61.261 within a school, playground, or crosswalk speed zone created under subsection (1) or (2) of this section.
(5) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (3) of this section and the moneys collected under RCW 46.61.235(5), 46.61.245(2), or 46.61.261(2) shall be deposited into the account. Expenditures from the account may be used only by the Washington traffic safety commission solely to fund projects in local communities to improve school zone safety, pupil transportation safety, and student safety in school bus loading and unloading areas. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures until July 1, 1999, after which date moneys in the account may be spent only after appropriation.
[ 2010 c 242 s 4; 2003 c 192 s 1; 1997 c 80 s 2; 1996 c 114 s 1; 1975 c 62 s 34; 1963 c 16 s 5; 1961 c 12 s 46.48.023. Prior: 1951 c 28 s 9; 1949 c 196 s 6, part; 1947 c 200 s 8, part; 1937 c 189 s 64, part; Rem. Supp. 1949 s 6360-64, part; 1927 c 309 s 3, part; 1923 c 181 s 6, part; 1921 c 96 s 27, part; 1917 c 155 s 16, part; 1915 c 142 s 24, part; RRS s 6362-3, part; 1909 c 249 s 279, part; Rem. & Bal. s 2531, part. Formerly RCW 46.48.023. ]
NOTES:
Effective date—2010 c 242: See note following RCW 46.61.275.
Effective date—1996 c 114: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 20, 1996]." [ 1996 c 114 s 2.]
Severability—1975 c 62: See note following RCW 36.75.010.
Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.
[ 1961 c 12 s 46.48.025. Prior: 1951 c 28 s 11; 1949 c 196 s 6, part; 1947 c 200 s 8, part; 1937 c 189 s 64, part; Rem. Supp. 1949 s 6360-64, part; 1927 c 309 s 3, part; 1923 c 181 s 6, part; 1921 c 96 s 27, part; 1917 c 155 s 16, part; 1915 c 142 s 24, part; RRS s 6362-3, part; 1909 c 249 s 279, part; Rem. & Bal. 2531, part. Formerly RCW 46.48.025. ]
NOTES:
Duty to use due care: RCW 46.61.400(1).
It shall be unlawful for any person to operate a vehicle or any combination of vehicles over any bridge or other elevated structure or through any tunnel or underpass constituting a part of any public highway at a rate of speed or with a gross weight or of a size which is greater at any time than the maximum speed or maximum weight or size which can be maintained or carried with safety over any such bridge or structure or through any such tunnel or underpass when such bridge, structure, tunnel, or underpass is sign posted as hereinafter provided. The secretary of transportation, if it be a bridge, structure, tunnel, or underpass upon a state highway, or the governing body or authorities of any county, city, or town, if it be upon roads or streets under their jurisdiction, may restrict the speed which may be maintained or the gross weight or size which may be operated upon or over any such bridge or elevated structure or through any such tunnel or underpass with safety thereto. The secretary or the governing body or authorities of any county, city, or town having jurisdiction shall determine and declare the maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate and shall cause suitable signs stating such maximum speed or maximum gross weight, or size, or either, to be erected and maintained on the right hand side of such highway, road, or street and at a distance of not less than one hundred feet from each end of such bridge, structure, tunnel, or underpass and on the approach thereto: PROVIDED, That in the event that any such bridge, elevated structure, tunnel, or underpass is upon a city street designated by the department of transportation as forming a part of the route of any state highway through any such incorporated city or town the determination of any maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate shall not be enforceable at any speed, weight, or size less than the maximum allowed by law, unless with the approval in writing of the secretary. Upon the trial of any person charged with a violation of this section, proof of either violation of maximum speed or maximum weight, or size, or either, and the distance and location of such signs as are required, shall constitute conclusive evidence of the maximum speed or maximum weight, or size, or either, which can be maintained or carried with safety over such bridge or elevated structure or through such tunnel or underpass.
[ 2006 c 334 s 20; 1977 ex.s. c 151 s 39; 1961 c 12 s 46.48.080. Prior: 1937 c 189 s 70; RRS s 6360-70. Formerly RCW 46.48.080. ]
NOTES:
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Except for vehicles equipped with temporary-use spare tires that meet federal standards, it shall be unlawful to operate any vehicle equipped or partly equipped with solid rubber tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly equipped with solid rubber tires or hollow center cushion tires, so long as solid rubber tires or hollow center cushion tires may be used under the provisions of this title, upon any public highway of this state at a greater rate of speed than ten miles per hour: PROVIDED, That the temporary-use spare tires are installed and used in accordance with the manufacturer's instructions.
[ 1990 c 105 s 3; 1961 c 12 s 46.48.110. Prior: 1947 c 200 s 11; 1937 c 189 s 73; Rem. Supp. 1947 s 6360-73. Formerly RCW 46.48.110. ]
No person shall operate any motor-driven cycle at any time mentioned in RCW 46.37.020 at a speed greater than thirty-five miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead.
[ 1965 ex.s. c 155 s 57. ]
The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof.
[ 1961 c 12 s 46.48.026. Prior: 1951 c 28 s 12; 1949 c 196 s 6, part; 1947 c 200 s 8, part; 1937 c 189 s 64, part; Rem. Supp. 1949 s 6360-64, part; 1927 c 309 s 3, part; 1923 c 181 s 6, part; 1921 c 96 s 27, part; 1917 c 155 s 16, part; 1915 c 142 s 24, part; RRS s 6362-3, part; 1909 c 249 s 279, part; Rem. & Bal. s2531, part. Formerly RCW 46.48.026. ]
(1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap.
(2) Evidence shall be admissible against any person arrested or issued a notice of a traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either: (a) The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or (b) a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle.
(3) The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than one-fourth mile.
[ 1981 c 105 s 1; 1961 c 12 s 46.48.120. Prior: 1937 c 189 s 74; RRS s 6360-74; 1927 c 309 s 7; RRS s 6362-7. Formerly RCW 46.48.120. ]
(1) Tribal authorities, within their reservation boundaries, may determine based on an engineering and traffic investigation that the maximum speed permitted under RCW 46.61.400 or 46.61.405 is greater or less than is reasonable or safe under the conditions found to exist upon a nonlimited access state highway or part of a nonlimited access state highway. Then, the tribal authority may determine and declare a reasonable and safe maximum limit thereon which:
(a) Decreases the limit at intersections;
(b) Increases the limit, not exceeding sixty miles per hour; or
(c) Decreases the limit, not lower than twenty miles per hour.
(2) Any alteration by tribal authorities of maximum limits on a nonlimited access state highway is not effective until the alteration has been approved by the secretary of transportation and appropriate signs giving notice of the alteration have been posted. In the case of an alteration by tribal authorities of maximum limits on a nonlimited access state highway that is also part of a city or town street or county road within tribal reservation boundaries, the alteration is not effective until that alteration has also been approved by the applicable local authority.
[ 2009 c 383 s 1. ]
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars.
(2)(a) Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.
(b) When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident. In the case of a person whose day-for-day credit is for a period equal to or greater than the period of suspension required under this section, the department shall provide notice of full credit, shall provide for no further suspension under this section, and shall impose no additional reissue fees for this credit. During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.
(3)(a) Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.
(b) A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.
[ 2020 c 330 s 14; 2012 c 183 s 11. Prior: 2011 c 293 s 4; 2011 c 96 s 34; 1990 c 291 s 1; 1979 ex.s. c 136 s 85; 1967 c 32 s 67; 1965 ex.s. c 155 s 59. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.
PDFRCW 46.61.500
Reckless driving—Penalty—Probation. (Effective January 1, 2029.)
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Except as provided in subsection (4) of this section, violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to 364 days and by a fine of not more than $5,000.
(2)(a) Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than 30 days.
(b) When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident. In the case of a person whose day-for-day credit is for a period equal to or greater than the period of suspension required under this section, the department shall provide notice of full credit, shall provide for no further suspension under this section, and shall impose no additional reissue fees for this credit. During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.
(3)(a) Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.
(b) A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.
(4)(a) Following the period of suspension under subsection (2) of this section, the department must establish a period of probation for 150 days. During the period of probation, the person may not operate a vehicle upon which a properly functioning intelligent speed assistance device has not been installed.
(b) The operation of a vehicle without such a properly functioning intelligent speed assistance device following the suspension as provided in (a) of this subsection is a traffic infraction.
(c) Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension or revocation to run consecutively with any suspension already being served.
(d) A person who is required to operate a motor vehicle with an intelligent speed assistance device under this subsection (4) remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
[ 2025 c 228 s 14; 2020 c 330 s 14; 2012 c 183 s 11. Prior: 2011 c 293 s 4; 2011 c 96 s 34; 1990 c 291 s 1; 1979 ex.s. c 136 s 85; 1967 c 32 s 67; 1965 ex.s. c 155 s 59.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.
(1) A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, cannabis, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, cannabis, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of cannabis after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by cannabis in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class B felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has three or more prior offenses within 15 years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
[ 2024 c 306 s 30; 2022 c 16 s 40; 2017 c 335 s 1; 2016 c 87 s 1; 2013 c 3 s 33 (Initiative Measure No. 502, approved November 6, 2012); 2011 c 293 s 2; 2008 c 282 s 20; 2006 c 73 s 1; 1998 c 213 s 3; 1994 c 275 s 2; 1993 c 328 s 1; 1987 c 373 s 2; 1986 c 153 s 2; 1979 ex.s. c 176 s 1. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2024 c 306: See note following RCW 9.94A.661.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—2006 c 73: "This act takes effect July 1, 2007." [ 2006 c 73 s 19.]
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—1987 c 373: "The legislature finds the existing statutes that establish the criteria for determining when a person is guilty of driving a motor vehicle under the influence of intoxicating liquor or drugs are constitutional and do not require any additional criteria to ensure their legality. The purpose of this act is to provide an additional method of defining the crime of driving while intoxicated. This act is not an acknowledgment that the existing breath alcohol standard is legally improper or invalid." [ 1987 c 373 s 1.]
Severability—1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 373 s 8.]
Severability—1979 ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 176 s 8.]
Business operation of vessel or vehicle while intoxicated: RCW 9.91.020.
Criminal history and driving record: RCW 46.61.513.
Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68.220.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040.
(1) Notwithstanding any other provision of this title, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol or cannabis if the person operates or is in physical control of a motor vehicle within this state and the person:
(a) Is under the age of twenty-one; and
(b) Has, within two hours after operating or being in physical control of the motor vehicle, either:
(i) An alcohol concentration of at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(ii) A THC concentration above 0.00 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's blood made under RCW 46.61.506.
(2) It is an affirmative defense to a violation of subsection (1) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol or cannabis after the time of driving or being in physical control and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol or THC concentration to be in violation of subsection (1) of this section within two hours after driving or being in physical control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(3) No person may be convicted under this section for being in physical control of a motor vehicle and it is an affirmative defense to any action pursuant to RCW 46.20.308 to suspend, revoke, or deny the privilege to drive, if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving or being in physical control may be used as evidence that within two hours of the alleged driving or being in physical control, a person had an alcohol or THC concentration in violation of subsection (1) of this section.
(5) A violation of this section is a misdemeanor.
[ 2022 c 16 s 41; 2015 2nd sp.s. c 3 s 14; 2013 c 3 s 34 (Initiative Measure No. 502, approved November 6, 2012). Prior: 1998 c 213 s 4; 1998 c 207 s 5; 1998 c 41 s 8; 1995 c 332 s 2; 1994 c 275 s 10. Formerly RCW 46.20.309. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section and it is an affirmative defense to any action pursuant to RCW 46.20.308 to suspend, revoke, or deny the privilege to drive if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of cannabis after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by cannabis in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has three or more prior offenses within 15 years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.502(6).
[ 2024 c 306 s 32; 2022 c 16 s 42; 2017 c 335 s 2; 2015 2nd sp.s. c 3 s 24; 2013 c 3 s 35 (Initiative Measure No. 502, approved November 6, 2012); 2011 c 293 s 3; 2008 c 282 s 21; 2006 c 73 s 2; 1998 c 213 s 5; 1994 c 275 s 3; 1993 c 328 s 2; 1987 c 373 s 3; 1986 c 153 s 3; 1979 ex.s. c 176 s 2. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2024 c 306: See note following RCW 9.94A.661.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Criminal history and driving record: RCW 46.61.513.
(1)(a) In addition to penalties set forth in *RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a two hundred fifty dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and, subject to subsection (5) of this section, one hundred seventy-five dollars of the fee must be distributed as follows:
(a) Forty percent shall be subject to distribution under RCW ** 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(3) Twenty-five dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to reduce statewide collisions caused by persons driving under the influence of alcohol or drugs. Grants awarded under this subsection may be for projects that encourage collaboration with other community, governmental, and private organizations, and that utilize innovative approaches based on best practices or proven strategies supported by research or rigorous evaluation. Grants recipients may include, for example:
(a) DUI courts;
(b) Jurisdictions implementing the victim impact panel registries under RCW 46.61.5152 and 10.01.230; and
(c) Pilot programs in King and Spokane counties that are designed for persons with two or more prior offenses in seven years and include evidence-based assessment, enhanced intensive outpatient substance use disorder treatment, monitoring, and, when needed, priority entry into voluntary or involuntary detoxification services or residential substance use disorder treatment, if state funding is provided specifically for this purpose.
(4) Fifty dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to organizations within counties targeted for programs to reduce driving under the influence of alcohol or drugs. A minimum of three hundred thousand dollars of these grant funds shall support pilot programs in King and Spokane counties that are designed for persons with two or more prior offenses in seven years, as described in subsection (3)(c) of this section.
(5) If the court has suspended payment of part of the fee pursuant to subsection (1)(b) of this section, amounts collected shall be distributed proportionately.
(6) This section applies to any offense committed on or after July 1, 1993, and only to adult offenders.
[ 2017 c 336 s 13; 2015 c 265 s 32; 2011 c 293 s 12. Prior: 1995 c 398 s 15; 1995 c 332 s 13; 1994 c 275 s 7. ]
NOTES:
Reviser's note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053 were repealed by 1995 c 332 s 21, effective September 1, 1995.
**(2) RCW 3.46.120 was repealed by 2008 c 227 s 12, effective July 1, 2008.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
(1) No prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 24 consecutive hours nor more than 364 days. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court, in its discretion, may order not less than 15 days of electronic home monitoring or a 90-day period of 24/7 sobriety program monitoring. The court may consider the offender's pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device or other separate alcohol monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $350 nor more than $5,000. $350 of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 48 consecutive hours nor more than 364 days. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court, in its discretion, may order not less than 30 days of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring. The court may consider the offender's pretrial 24/7 sobriety program testing as fulfilling a portion of posttrial sentencing. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer or other separate alcohol monitoring device, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $500 nor more than $5,000. $500 of the fine may not be suspended unless the court finds the offender to be indigent.
(2) One prior offense in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 30 days nor more than 364 days and 60 days of electronic home monitoring. Thirty days of imprisonment and 60 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory term of imprisonment and electronic home monitoring under this subsection (2)(a)(i), the court may order a minimum of either 180 days of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The court may consider the offender's pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $500 nor more than $5,000. $500 of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 45 days nor more than 364 days and 90 days of electronic home monitoring. Forty-five days of imprisonment and 90 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory minimum term of imprisonment and electronic home monitoring under this subsection (2)(b)(i), the court may order a minimum of either six months of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The court may consider the offender's pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $750 nor more than $5,000. $750 of the fine may not be suspended unless the court finds the offender to be indigent.
(3) Two prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two prior offenses within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 90 days nor more than 364 days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and 120 days of electronic home monitoring. Ninety days of imprisonment and 120 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory minimum term of 90 days of imprisonment and 120 days of electronic home monitoring, the court may order 360 days of electronic home monitoring or a 360-day period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $1,000 nor more than $5,000. $1,000 of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 120 days nor more than 364 days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and 150 days of electronic home monitoring. One hundred twenty days of imprisonment and 150 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory minimum term of 120 days of imprisonment and 150 days of electronic home monitoring, the court may order 360 days of electronic home monitoring or a 360-day period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The offender shall pay for the cost of the electronic monitoring. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $1,500 dollars nor more than $5,000. $1,500 of the fine may not be suspended unless the court finds the offender to be indigent.
(4) Three or more prior offenses in 15 years. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished under chapter 9.94A RCW if:
(a) The person has three or more prior offenses within 15 years; or
(b) The person has ever previously been convicted of:
(i) A violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(ii) A violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).
(5) Monitoring. (a) Ignition interlock device. The court shall require any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.
(b) Monitoring devices. If the court orders that a person refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system. The person shall pay for the cost of the monitoring, unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court. The county or municipality where the penalty is being imposed shall determine the cost.
(c) 24/7 sobriety program monitoring. In any county or city where a 24/7 sobriety program is available and verified by the Washington association of sheriffs and police chiefs, the court shall:
(i) Order the person to install and use a functioning ignition interlock or other device in lieu of such period of 24/7 sobriety program monitoring;
(ii) Order the person to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section; or
(iii) Order the person to install and use a functioning ignition interlock or other device in addition to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section.
(6) Penalty for having a minor passenger in vehicle. If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while one or more passengers under the age of 16 were in the vehicle, the court shall:
(a) Order the use of an ignition interlock or other device for an additional 12 months for each passenger under the age of 16 when the person is subject to the penalties under subsection (1)(a), (2)(a), or (3)(a) of this section; and order the use of an ignition interlock device for an additional 18 months for each passenger under the age of 16 when the person is subject to the penalties under subsection (1)(b), (2)(b), (3)(b), or (4) of this section;
(b) In any case in which the person has no prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional 24 hours of imprisonment to be served consecutively for each passenger under the age of 16, and a fine of not less than $1,000 and not more than $5,000 for each passenger under the age of 16. $1,000 of the fine for each passenger under the age of 16 may not be suspended unless the court finds the offender to be indigent;
(c) In any case in which the person has one prior offense within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional five days of imprisonment to be served consecutively for each passenger under the age of 16, and a fine of not less than $2,000 and not more than $5,000 for each passenger under the age of 16. One thousand dollars of the fine for each passenger under the age of 16 may not be suspended unless the court finds the offender to be indigent;
(d) In any case in which the person has two prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional ten days of imprisonment to be served consecutively for each passenger under the age of 16, and a fine of not less than $3,000 and not more than $10,000 for each passenger under the age of 16. $1,000 of the fine for each passenger under the age of 16 may not be suspended unless the court finds the offender to be indigent.
(7) Other items courts must consider while setting penalties. In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
(a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property;
(b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers;
(c) Whether the driver was driving in the opposite direction of the normal flow of traffic on a multiple lane highway, as defined by RCW 46.04.350, with a posted speed limit of 45 miles per hour or greater; and
(d) Whether a child passenger under the age of 16 was an occupant in the driver's vehicle.
(8) Treatment and information school. An offender punishable under this section is subject to the substance use disorder assessment and treatment provisions of RCW 46.61.5056.
(9) Driver's license privileges of the defendant. (a) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
(i) Penalty for alcohol concentration less than 0.15. If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(A) Where there has been no prior offense within seven years, be suspended or denied by the department for 90 days or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a 90-day period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for fewer than two days;
(B) Where there has been one prior offense within seven years, be revoked or denied by the department for two years or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a six-month period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for less than one year; or
(C) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
(ii) Penalty for alcohol concentration at least 0.15. If the person's alcohol concentration was at least 0.15:
(A) Where there has been no prior offense within seven years, be revoked or denied by the department for one year or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a one hundred twenty day period of 24/7 sobriety program monitoring. In no circumstances shall the license revocation be for fewer than four days;
(B) Where there has been one prior offense within seven years, be revoked or denied by the department for 900 days; or
(C) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
(iii) Penalty for refusing to take test. If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:
(A) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;
(B) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
(C) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.
(b)(i) The department shall grant credit on a day-for-day basis for a suspension, revocation, or denial imposed under this subsection (9) for any portion of a suspension, revocation, or denial already served under RCW 46.20.3101 arising out of the same incident.
(ii) If a person has already served a suspension, revocation, or denial under RCW 46.20.3101 for a period equal to or greater than the period imposed under this subsection (9), the department shall provide notice of full credit, shall provide for no further suspension or revocation under this subsection provided the person has completed the requirements under RCW 46.20.311 and paid the probationary license fee under RCW 46.20.355 by the date specified in the notice under RCW 46.20.245, and shall impose no additional reissue fees for this credit.
(c) Upon receipt of a notice from the court under RCW 36.28A.390 that a participant has been removed from a 24/7 sobriety program, the department must resume any suspension, revocation, or denial that had been terminated early under this subsection due to participation in the program, granting credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under RCW 46.20.3101 or this section arising out of the same incident.
(d) Upon its own motion or upon motion by a person, a court may find, on the record, that notice to the department under RCW 46.20.270 has been delayed for three years or more as a result of a clerical or court error. If so, the court may order that the person's license, permit, or nonresident privilege shall not be revoked, suspended, or denied for that offense. The court shall send notice of the finding and order to the department and to the person. Upon receipt of the notice from the court, the department shall not revoke, suspend, or deny the license, permit, or nonresident privilege of the person for that offense.
(e) For purposes of this subsection (9), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
(10) Probation of driving privilege. After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(11) Conditions of probation. (a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to 364 days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive; (ii) not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020; (iii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving; (iv) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug; and (v) not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer's motor vehicle, substance use disorder treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall order the convicted person to be confined for 30 days, which shall not be suspended or deferred.
(c)(i) Except as provided in (c)(ii) of this subsection, for each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for 30 days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by 30 days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection. The person may apply for an ignition interlock driver's license under RCW 46.20.385 during the suspension period.
(ii) For each incident involving a violation of RCW 46.20.342(1)(c), the court has discretion not to impose a suspension when the person provides the court with proof that the violation has been cured within 30 days. The court is not required to notify the department of the violation unless it is not cured within 30 days.
(12) Waiver of electronic home monitoring. A court may waive the electronic home monitoring requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system. However, if a court determines that an alcohol monitoring device utilizing wireless reporting technology is reasonably available, the court may require the person to obtain such a device during the period of required electronic home monitoring;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, use of an ignition interlock device, the 24/7 sobriety program monitoring, additional jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed 364 days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed 364 days.
(13) Extraordinary medical placement. An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(1)(c).
(14) Definitions. For purposes of this section and RCW 46.61.502 and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.25.110 or an equivalent local ordinance;
(iv) A conviction for a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
(v) A conviction for a violation of RCW 79A.60.040(1) or an equivalent local ordinance committed in a reckless manner if the conviction is the result of a charge that was originally filed as a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
(vi) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance committed while under the influence of intoxicating liquor or any drug;
(vii) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance committed in a careless or reckless manner if the conviction is the result of a charge that was originally filed as a violation of RCW 47.68.220 or an equivalent local ordinance while under the influence of intoxicating liquor or any drug;
(viii) A conviction for a violation of RCW 46.09.470(2) or an equivalent local ordinance;
(ix) A conviction for a violation of RCW 46.10.490(2) or an equivalent local ordinance;
(x) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.520 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(xi) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.522 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(xii) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xiii) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (x), (xi), or (xii) of this subsection if committed in this state;
(xiv) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance;
(xv) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xvi) A deferred prosecution granted in another state for a violation of driving or having physical control of a vehicle while under the influence of intoxicating liquor or any drug if the out-of-state deferred prosecution is equivalent to the deferred prosecution under chapter 10.05 RCW, including a requirement that the defendant participate in a chemical dependency treatment program; or
(xvii) A deferred sentence imposed in a prosecution for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the charge under which the deferred sentence was imposed was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or a violation of RCW 46.61.520 or 46.61.522;
If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in this subsection (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing;
(b) "Treatment" means substance use disorder treatment licensed or certified by the department of health;
(c) "Within seven years" means that the arrest for a prior offense occurred within seven years before or after the arrest for the current offense; and
(d) "Within 15 years" means that the arrest for a prior offense occurred within 15 years before or after the arrest for the current offense.
(15) All fines imposed by this section apply to adult offenders only.
[ 2024 c 306 s 31; 2020 c 330 s 15; 2018 c 201 s 9009. Prior: 2017 c 336 s 6; 2017 c 335 s 3; prior: 2016 sp.s. c 29 s 530; 2016 c 203 s 17; 2015 2nd sp.s. c 3 s 9; 2015 c 265 s 33; 2014 c 100 s 1; 2013 2nd sp.s. c 35 s 13; prior: 2012 c 183 s 12; 2012 c 42 s 2; 2012 c 28 s 1; prior: 2011 c 293 s 7; 2011 c 96 s 35; 2010 c 269 s 4; 2008 c 282 s 14; 2007 c 474 s 1; 2006 c 73 s 3; 2004 c 95 s 13; 2003 c 103 s 1. Prior: 1999 c 324 s 5; 1999 c 274 s 6; 1999 c 5 s 1; prior: 1998 c 215 s 1; 1998 c 214 s1; 1998 c 211 s 1; 1998 c 210 s 4; 1998 c 207 s 1; 1998 c 206 s 1; prior: 1997 c 229 s 11; 1997 c 66 s 14; 1996 c 307 s 3; 1995 1st sp.s. c 17 s 2; 1995 c 332 s 5. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—2007 c 474: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 474 s 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—1999 c 5: "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." [ 1999 c 5 s 2.]
Effective date—1999 c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 16, 1999]." [ 1999 c 5 s 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999." [ 1998 c 214 s 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999." [ 1998 c 211 s 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999." [ 1998 c 207 s 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW 46.20.355.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
(1) A person subject to substance use disorder assessment and treatment under RCW 46.61.5055 shall be required by the court to complete a course in an alcohol and drug information school licensed or certified by the department of health or to complete more intensive treatment in a substance use disorder treatment program licensed or certified by the department of health, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by a substance use disorder treatment program licensed or certified by the department of health or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the court and the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol and drug information school licensed or certified by the department of health or more intensive treatment in an approved substance use disorder treatment program licensed or certified by the department of health.
(3) Standards for approval for substance use disorder treatment programs shall be prescribed by the department of health. The department of health shall periodically review the costs of alcohol and drug information schools and treatment programs.
(4) Any agency that provides treatment ordered under RCW 46.61.5055, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of health of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of health. Upon three such failures by an agency within one year, the department of health shall revoke the agency's license or certification under this section.
(5) The department of licensing and the department of health may adopt such rules as are necessary to carry out this section.
[ 2020 c 330 s 16; 2018 c 201 s 9010; 2016 sp.s. c 29 s 531; 2011 c 293 s 13; 1995 c 332 s 14; 1994 c 275 s 9. ]
NOTES:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
(1) A defendant who is charged with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol or cannabis as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, shall be required to appear in person before a judicial officer within one judicial day after the arrest if the defendant is served with a citation or complaint at the time of the arrest. A court may by local court rule waive the requirement for appearance within one judicial day if it provides for the appearance at the earliest practicable day following arrest and establishes the method for identifying that day in the rule.
(2) A defendant who is charged with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol or cannabis as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, and who is not served with a citation or complaint at the time of the incident, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3) At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.
(4) Appearances required by this section are mandatory and may not be waived.
(5) If electronic monitoring or alcohol abstinence monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring or abstinence monitoring.
[ 2022 c 16 s 43; 2015 3rd sp.s. c 35 s 2; 2013 c 3 s 36 (Initiative Measure No. 502, approved November 6, 2012); 2000 c 52 s 1; 1999 c 114 s 1; 1998 c 214 s 5. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—1998 c 214: See note following RCW 46.61.5055.
(1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance, if such person has a prior offense within seven years as defined in RCW 46.61.5055, and where the person has been provided written notice that any transfer, sale, or encumbrance of such person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and
(c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.
(2) On conviction for a violation of either RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance where the person convicted has a prior offense within seven years as defined in RCW 46.61.5055, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, the court shall consider at sentencing whether the vehicle shall be seized and forfeited pursuant to this section if a seizure or forfeiture has not yet occurred.
(3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture, which proceedings are governed by chapter 7.120 RCW.
(5) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1)(a) or (c) of this section.
(6) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
(7) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
[ 2025 c 306 s 11; 2022 c 162 s 2; 2013 2nd sp.s. c 35 s 18; 2009 c 479 s 38; 1998 c 207 s 2; 1995 c 332 s 6; 1994 c 139 s 1. ]
NOTES:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.
Effective date—2022 c 162: See note following RCW 69.50.505.
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.08 or the person's THC concentration is less than 5.00, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2)(a) The breath analysis of the person's alcohol concentration shall be based upon grams of alcohol per 210 liters of breath.
(b) The blood analysis of the person's THC concentration shall be based upon nanograms per milliliter of whole blood.
(c) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3)(a) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed by either:
(i) An individual employing methods approved by the state toxicologist and possessing a valid permit issued by the state toxicologist for this purpose, as described in (b) of this subsection; or
(ii) A laboratory certified or accredited pursuant to the international organization for standardization and the international electrotechnical commission's ISO/IEC 17025 standard for forensic toxicology testing. Local governments may accept donations from private nongovernmental entities to facilitate the analysis of blood or breath under this subsection. Local governments have no duty to fund the analysis of blood or breath under this subsection.
(b) The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4)(a) A city or county that wishes to request previously submitted evidence from the state toxicological laboratory for the purpose of testing under subsection (3)(a)(ii) of this section must contract with the Washington state patrol to reimburse the Washington state patrol's costs.
(b) The contract must provide for reimbursement by the requesting city or county for the costs associated with packaging, handling, and transporting the evidence and related materials to the requesting city or county.
(c) The state toxicological laboratory is not required to release or return evidence under this subsection unless a contract is in place.
(d) A city or county that uses a laboratory under subsection (3)(a)(ii) of this section must contract with the laboratory prior to submitting evidence to the laboratory for analysis of a person's blood or breath. The contract must include:
(i) A requirement that laboratory personnel who perform the blood or breath analysis will be available for a defense interview at no cost to the defendant, provided that the defense requests the interview at least 30 days prior to the scheduled trial date. If the laboratory report is disclosed fewer than 30 days before trial, the interview request must be made within 10 days of disclosure. The interview may be conducted virtually, telephonically, or by other means mutually agreed to by the parties; and
(ii) A requirement that laboratory personnel who perform the blood or breath analysis agree to accept electronic service of pleadings, discovery, and subpoena requests pursuant to applicable court rules.
(5)(a) A breath test performed by any instrument approved by the state toxicologist shall be admissible at trial or in an administrative proceeding if the prosecution or department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least 15 minutes prior to administration of the test;
(iii) The person being tested did not have any foreign substances, not to include dental work or piercings, fixed or removable, in his or her mouth at the beginning of the 15-minute observation period;
(iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was 34 degrees centigrade plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message "verified";
(vi) The two breath samples agree to within plus or minus 10 percent of their mean to be determined by the method approved by the state toxicologist;
(vii) The result of the test of the liquid simulator solution external standard or dry gas external standard result did lie between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence" is evidence of sufficient circumstances that would support a logical and reasonable inference of the facts sought to be proved. In assessing whether there is sufficient evidence of the foundational facts, the court or administrative tribunal is to assume the truth of the prosecution's or department's evidence and all reasonable inferences from it in a light most favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the subject of the test from challenging the reliability or accuracy of the test, the reliability or functioning of the instrument, or any maintenance procedures. Such challenges, however, shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the requirements contained in (a) of this subsection. Instead, such challenges may be considered by the trier of fact in determining what weight to give to the test result.
(6) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed only by a physician licensed under chapter 18.71 RCW; an osteopathic physician licensed under chapter 18.57 RCW; a registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; a physician assistant licensed under chapter 18.71A RCW; an advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or a medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, a person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or a forensic phlebotomist certified under chapter 18.360 RCW. When the blood test is performed outside the state of Washington, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed by any person who is authorized by the out-of-state jurisdiction to perform venous blood draws. Proof of qualification to draw blood may be established through the department of health's provider credential search. This limitation shall not apply to the taking of breath specimens.
(7) When a venous blood sample is performed by a forensic phlebotomist certified under chapter 18.360 RCW, it must be done under the following conditions:
(a) If taken at the scene, it must be performed in an ambulance or aid service vehicle licensed by the department of health under chapter 18.73 RCW.
(b) The collection of blood samples must not interfere with the provision of essential medical care.
(c) The blood sample must be collected using sterile equipment and the skin area of puncture must be thoroughly cleansed and disinfected.
(d) The person whose blood is collected must be seated, reclined, or lying down when the blood is collected.
(8) The person tested may have a licensed or certified health care provider listed in subsection (6) of this section, or a qualified technician, chemist, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The test will be admissible if the person establishes the general acceptability of the testing technique or method. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(9) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
[ 2026 c 108 s 1; 2020 c 80 s 33; 2017 c 336 s 7; 2016 c 203 s 8; 2015 2nd sp.s. c 3 s 22; 2013 c 3 s 37 (Initiative Measure No. 502, approved November 6, 2012); 2010 c 53 s 1; 2004 c 68 s 4; 1998 c 213 s 6; 1995 c 332 s 18; 1994 c 275 s 26; 1987 c 373 s 4; 1986 c 153 s 4; 1979 ex.s. c 176 s 5; 1975 1st ex.s. c 287 s 1; 1969 c 1 s 3 (Initiative Measure No. 242, approved November 5, 1968). ]
NOTES:
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution tests—CrRLJ 6.13.
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Expiration date—2026 c 108 s 1: "Section 1 of this act expires June 30, 2027." [ 2026 c 108 s 3.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100.
PDFRCW 46.61.506
Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests. (Effective June 30, 2027.)
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.08 or the person's THC concentration is less than 5.00, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2)(a) The breath analysis of the person's alcohol concentration shall be based upon grams of alcohol per 210 liters of breath.
(b) The blood analysis of the person's THC concentration shall be based upon nanograms per milliliter of whole blood.
(c) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3)(a) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed by either:
(i) An individual employing methods approved by the state toxicologist and possessing a valid permit issued by the state toxicologist for this purpose, as described in (b) of this subsection; or
(ii) A laboratory certified or accredited pursuant to the international organization for standardization and the international electrotechnical commission's ISO/IEC 17025 standard for forensic toxicology testing. Local governments may accept donations from private nongovernmental entities to facilitate the analysis of blood or breath under this subsection. Local governments have no duty to fund the analysis of blood or breath under this subsection.
(b) The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4)(a) A city or county that wishes to request previously submitted evidence from the state toxicological laboratory for the purpose of testing under subsection (3)(a)(ii) of this section must contract with the Washington state patrol to reimburse the Washington state patrol's costs.
(b) The contract must provide for reimbursement by the requesting city or county for the costs associated with packaging, handling, and transporting the evidence and related materials to the requesting city or county.
(c) The state toxicological laboratory is not required to release or return evidence under this subsection unless a contract is in place.
(d) A city or county that uses a laboratory under subsection (3)(a)(ii) of this section must contract with the laboratory prior to submitting evidence to the laboratory for analysis of a person's blood or breath. The contract must include:
(i) A requirement that laboratory personnel who perform the blood or breath analysis will be available for a defense interview at no cost to the defendant, provided that the defense requests the interview at least 30 days prior to the scheduled trial date. If the laboratory report is disclosed fewer than 30 days before trial, the interview request must be made within 10 days of disclosure. The interview may be conducted virtually, telephonically, or by other means mutually agreed to by the parties; and
(ii) A requirement that laboratory personnel who perform the blood or breath analysis agree to accept electronic service of pleadings, discovery, and subpoena requests pursuant to applicable court rules.
(5)(a) A breath test performed by any instrument approved by the state toxicologist shall be admissible at trial or in an administrative proceeding if the prosecution or department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least 15 minutes prior to administration of the test;
(iii) The person being tested did not have any foreign substances, not to include dental work or piercings, fixed or removable, in his or her mouth at the beginning of the 15-minute observation period;
(iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was 34 degrees centigrade plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message "verified";
(vi) The two breath samples agree to within plus or minus 10 percent of their mean to be determined by the method approved by the state toxicologist;
(vii) The result of the test of the liquid simulator solution external standard or dry gas external standard result did lie between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence" is evidence of sufficient circumstances that would support a logical and reasonable inference of the facts sought to be proved. In assessing whether there is sufficient evidence of the foundational facts, the court or administrative tribunal is to assume the truth of the prosecution's or department's evidence and all reasonable inferences from it in a light most favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the subject of the test from challenging the reliability or accuracy of the test, the reliability or functioning of the instrument, or any maintenance procedures. Such challenges, however, shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the requirements contained in (a) of this subsection. Instead, such challenges may be considered by the trier of fact in determining what weight to give to the test result.
(6) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed only by a physician licensed under chapter 18.71 RCW; an osteopathic physician licensed under chapter 18.57 RCW; a registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; a physician assistant licensed under chapter 18.71A RCW; an advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or a medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, a person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or a forensic phlebotomist certified under chapter 18.360 RCW. When the blood test is performed outside the state of Washington, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed by any person who is authorized by the out-of-state jurisdiction to perform venous blood draws. Proof of qualification to draw blood may be established through the department of health's provider credential search. This limitation shall not apply to the taking of breath specimens.
(7) When a venous blood sample is performed by a forensic phlebotomist certified under chapter 18.360 RCW, it must be done under the following conditions:
(a) If taken at the scene, it must be performed in an ambulance or aid service vehicle licensed by the department of health under chapter 18.73 RCW.
(b) The collection of blood samples must not interfere with the provision of essential medical care.
(c) The blood sample must be collected using sterile equipment and the skin area of puncture must be thoroughly cleansed and disinfected.
(d) The person whose blood is collected must be seated, reclined, or lying down when the blood is collected.
(8) The person tested may have a licensed or certified health care provider listed in subsection (6) of this section, or a qualified technician, chemist, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The test will be admissible if the person establishes the general acceptability of the testing technique or method. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(9) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
[ 2026 c 108 s 2; 2025 c 58 s 5097; 2020 c 80 s 33; 2017 c 336 s 7; 2016 c 203 s 8; 2015 2nd sp.s. c 3 s 22; 2013 c 3 s 37 (Initiative Measure No. 502, approved November 6, 2012); 2010 c 53 s 1; 2004 c 68 s 4; 1998 c 213 s 6; 1995 c 332 s 18; 1994 c 275 s 26; 1987 c 373 s 4; 1986 c 153 s 4; 1979 ex.s. c 176 s 5; 1975 1st ex.s. c 287 s 1; 1969 c 1 s 3 (Initiative Measure No. 242, approved November 5, 1968).]
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution tests—CrRLJ 6.13.
Effective date—2026 c 108 s 2: "Section 2 of this act takes effect June 30, 2027." [ 2026 c 108 s 4.]
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100.
(1) Any law enforcement agency utilizing oral fluid roadside information as part of the enforcement of driving under the influence laws must ensure the following:
(a) The oral fluid test instrument or instruments to be used are valid and reliable;
(b) Any peace officer who may administer an oral fluid test is properly trained in the administration of the test;
(c) Prior to administering the test, the administering peace officer advises the subject of the following information:
(i) The test is voluntary, and does not constitute compliance with the implied consent requirement of RCW 46.20.308;
(ii) Test results may not be used against the person in a court of law; and
(iii) Submission to the test is not an alternative to any evidentiary breath or blood test; and
(d) The law enforcement agency establishes policies to protect personally identifying information from unnecessary and improper dissemination including, but not limited to:
(i) Destruction of biological samples from oral fluid tests as soon as practicable after collection of test results; and
(ii) Prohibitions against entering DNA samples or results from such tests into any database.
(2) Any law enforcement agency administering an oral fluid roadside test as authorized in this section or RCW 9.94A.661 is strictly liable for (a) any failure to destroy biological samples from such tests within 24 hours or (b) unlawful entry of DNA samples or results from such tests into any database.
[ 2024 c 306 s 33. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
(1) In every case where a person is arrested for a violation of RCW 46.61.502 or 46.61.504, the law enforcement officer shall make a clear notation if a child under the age of sixteen was present in the vehicle.
(2) A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, legal custodian, or sibling or half-sibling and that person is being arrested for a drug or alcohol-related driving offense. This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050.
(3) For purposes of this section, "child" means any person under sixteen years of age.
[ 2012 c 42 s 1; 2010 c 214 s 1. ]
NOTES:
Reviser's note: The same language introduced by 2010 c 214 s 1 was codified under RCW 26.44.250 pursuant to 2010 c 214 s 2. However, the amendments made to this section pursuant to 2012 c 42 s 1 were not duplicated in RCW 26.44.250.
No physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or forensic phlebotomist certified under chapter 18.360 RCW, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant, a waiver of the search warrant requirement, exigent circumstances, or any other authority of law: PROVIDED, That nothing in this section shall relieve such licensed or certified health care provider, hospital or duly licensed clinical laboratory, or forensic phlebotomist from civil liability arising from the use of improper procedures or failing to exercise the required standard of care.
[ 2020 c 80 s 34; 2017 c 336 s 8; 2015 2nd sp.s. c 3 s 23; 1977 ex.s. c 143 s 1. ]
NOTES:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
PDFRCW 46.61.508
Liability of medical personnel withdrawing blood. (Effective June 30, 2027.)
No physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or forensic phlebotomist certified under chapter 18.360 RCW, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant, a waiver of the search warrant requirement, exigent circumstances, or any other authority of law: PROVIDED, That nothing in this section shall relieve such licensed or certified health care provider, hospital or duly licensed clinical laboratory, or forensic phlebotomist from civil liability arising from the use of improper procedures or failing to exercise the required standard of care.
[ 2025 c 58 s 5098; 2020 c 80 s 34; 2017 c 336 s 8; 2015 2nd sp.s. c 3 s 23; 1977 ex.s. c 143 s 1.]
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
(1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.
(2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.
(3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
[ 1998 c 211 s 5. ]
NOTES:
Effective date—1998 c 211: See note following RCW 46.61.5055.
A sentencing court may allow a person convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 to fulfill the terms of the sentence provided in RCW 46.61.5055 in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under RCW 46.61.5055 shall be served consecutively unless suspended or deferred as otherwise provided by law.
[ 2006 c 73 s 18; 1995 c 332 s 15; 1994 c 275 s 39; 1983 c 165 s 33. ]
NOTES:
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
In addition to penalties that may be imposed under RCW 46.61.5055, the court may require a person who is convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a nonfelony violation of RCW 46.61.502 or 46.61.504, to attend an educational program, such as a victim impact panel, focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants. The victim impact panel program must meet the minimum standards established under RCW 10.01.230.
[ 2011 c 293 s 14; 2006 c 73 s 17; 1998 c 41 s 9; 1994 c 275 s 40; 1992 c 64 s 1. ]
NOTES:
Effective date—2006 c 73: See note following RCW 46.61.502.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
A qualified probation department means a probation department for a district or municipal court that has a sufficient number of qualified alcohol assessment officers who meet the requirements of a qualified alcoholism counselor as provided by rule of the department of social and health services, except that the required hours of supervised work experience in an alcoholism agency may be satisfied by completing an equivalent number of hours of supervised work doing alcohol assessments within a probation department.
[ 1983 c 150 s 2. ]
The refusal of a person to submit to a test of the alcohol or drug concentration in the person's breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial. The refusal of a person to submit to a test of the person's blood is admissible into evidence at a subsequent criminal trial when a search warrant, or an exception to the search warrant, authorized the seizure.
[ 2017 c 336 s 10; 2001 c 142 s 1; 1987 c 373 s 5; 1986 c 64 s 2; 1985 c 352 s 21; 1983 c 165 s 27. ]
NOTES:
Finding—2017 c 336: See note following RCW 9.96.060.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1985 c 352: See note following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
(1) It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his or her possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.
(3) It is a traffic infraction for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.
(4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for hire vehicle licensed under city, county, or state law, or to a privately owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his or her usual employment transporting passengers at the employer's direction: PROVIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway.
[ 2010 c 8 s 9071; 1989 c 178 s 26; 1984 c 274 s 1; 1983 c 165 s 28. ]
NOTES:
Effective dates—1989 c 178: See RCW 46.25.901.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.
Nothing in RCW 46.61.519 or RCW 46.61.5191 prohibits any city or town from enacting a local ordinance that proscribes the acts proscribed by those sections and that provides penalties equal to or greater than the penalties provided in those sections.
[ 1984 c 274 s 2. ]
(1) It is a traffic infraction to incorrectly label the original container of an alcoholic beverage and to then violate RCW 46.61.519.
(2) It is a traffic infraction to place an alcoholic beverage in a container specifically labeled by the manufacturer of the container as containing a nonalcoholic beverage and to then violate RCW 46.61.519.
[ 1984 c 274 s 3. ]
NOTES:
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.
(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
[ 1998 c 211 s 2; 1996 c 199 s 7; 1991 c 348 s 1; 1983 c 164 s 1; 1975 1st ex.s. c 287 s 3; 1973 2nd ex.s. c 38 s 2; 1970 ex.s. c 49 s 5; 1965 ex.s. c 155 s 63; 1961 c 12 s 46.56.040. Prior: 1937 c 189 s 120; RRS s 6360-120. Formerly RCW 46.56.040. ]
NOTES:
Effective date—1998 c 211: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective date—1991 c 348: "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 348 s 5.]
Severability—1973 2nd ex.s. c 38: See note following RCW 69.50.101.
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.
Suspension or revocation of license upon conviction of vehicular homicide or assault: RCW 46.20.285, 46.20.291.
(1) A person is guilty of vehicular assault if he or she operates or drives any vehicle:
(a) In a reckless manner and causes substantial bodily harm to another; or
(b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and causes substantial bodily harm to another; or
(c) With disregard for the safety of others and causes substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable under chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has the same meaning as in RCW 9A.04.110.
[ 2001 c 300 s 1; 1996 c 199 s 8; 1983 c 164 s 2. ]
NOTES:
Severability—1996 c 199: See note following RCW 9.94A.505.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.
As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522. The department shall determine the eligibility of a person convicted of vehicular homicide under RCW 46.61.520(1)(a) or vehicular assault under RCW 46.61.522(1)(b) to receive a license based upon the report provided by the designated substance use disorder treatment facility or probation department designated pursuant to RCW 9.94A.703(4)(b), and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified.
[ 2020 c 330 s 17; 2008 c 231 s 46; 2006 c 73 s 16; 2001 c 64 s 7; 2000 c 28 s 40; 1991 c 348 s 2. ]
NOTES:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—2000 c 28: See RCW 9.94A.921.
Effective date—1991 c 348: See note following RCW 46.61.520.
(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or cannabis or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.
(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed any drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.
(c) Negligent driving in the first degree is a misdemeanor.
(2) For the purposes of this section:
(a) "Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
(b) "Exhibiting the effects of having consumed liquor, cannabis, or any drug" means that a person has the odor of liquor, cannabis, or any drug on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, cannabis, or any drug, and either:
(i) Is in possession of or in close proximity to a container that has or recently had liquor, cannabis, or any drug in it; or
(ii) Is shown by other evidence to have recently consumed liquor, cannabis, or any drug.
(c) "Exhibiting the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects" means that a person by speech, manner, appearance, behavior, or lack of coordination or otherwise exhibits that he or she has inhaled or ingested a chemical and either:
(i) Is in possession of the canister or container from which the chemical came; or
(ii) Is shown by other evidence to have recently inhaled or ingested a chemical for its intoxicating or hallucinatory effects.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
(4) A person convicted of negligent driving in the first degree who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person.
[ 2022 c 16 s 44; 2013 2nd sp.s. c 35 s 16; 2012 c 183 s 13; 2011 c 293 s 5; 1997 c 66 s 4. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Criminal history and driving record: RCW 46.61.513.
(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.
(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
[ 1997 c 66 s 5; 1996 c 307 s 1; 1979 ex.s. c 136 s 86; 1967 c 32 s 69; 1961 c 12 s 46.56.030. Prior: 1939 c 154 s 1; RRS s 6360-118 1/2. Formerly RCW 46.56.030. ]
NOTES:
Rules of court: Negligent driving cases—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040.
(1) A person commits negligent driving with a vulnerable user victim in the first degree if he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death of a vulnerable user of a public way.
(2) Violation of this section is a gross misdemeanor, which shall be punished by:
(a) Up to 364 days of imprisonment;
(b) A fine of $5,000, which may not be reduced to an amount less than $1,000; and
(c) Suspension of driving privileges for 90 days.
(3) If a person is convicted of an offense under this section, then the court shall notify the department, and the department shall suspend the person's driving privileges.
(4) For the purposes of this section:
(a) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
(b) "Vulnerable user of a public way" means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating or riding any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle;
(G) A motorized foot scooter; or
(H) A motorcycle.
[ 2023 c 471 s 1. ]
NOTES:
Effective date—2023 c 471: "This act takes effect January 1, 2025." [ 2023 c 471 s 12.]
(1) A person commits negligent driving with a vulnerable user victim in the second degree if, under circumstances not constituting negligent driving with a vulnerable user victim in the first degree under RCW 46.61.5259 or negligent driving in the first degree under RCW 46.61.5249, he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes great bodily harm or substantial bodily harm of a vulnerable user of a public way.
(2) The law enforcement officer or prosecuting authority issuing the notice of infraction for an offense under this section shall state on the notice of infraction that the offense was a proximate cause of great bodily harm or substantial bodily harm, as defined in RCW 9A.04.110, of a vulnerable user of a public way.
(3) Persons under the age of 16 who commit an infraction under this section are subject to the provisions of RCW 13.40.250.
(4) A person found to have committed negligent driving in the second degree with a vulnerable user victim shall be required to:
(a) Pay a monetary penalty of $5,000, which may not be reduced to an amount less than $1,000; and
(b) Have his or her driving privileges suspended for 90 days.
(5) In lieu of the penalties imposed under subsection (4) of this section, a person found to have committed negligent driving with a vulnerable user victim in the second degree who requests and personally appears for a hearing pursuant to RCW 46.63.070 (1) or (2) may elect to:
(a) Pay a penalty of $250;
(b) Attend traffic school for a number of days to be determined by the court pursuant to chapter 46.83 RCW;
(c) Perform community service for a number of hours to be determined by the court, which may not exceed 100 hours, and which must include activities related to driver improvement and providing public education on traffic safety; and
(d) Submit certification to the court establishing that the requirements of this subsection have been met within one year of the hearing.
(6) If a person found to have committed a violation of this section elects the penalties imposed under subsection (5) of this section, the court may impose the penalties under subsection (5) of this section and the court may assess costs as the court deems appropriate for administrative processing.
(7) Except as provided in (b) of this subsection, if a person found to have committed a violation of this section elects the penalties under subsection (5) of this section but does not complete all requirements of subsection (5) of this section within one year of the hearing:
(a)(i) The court shall impose a monetary penalty in the amount of $5,000, which may not be reduced to an amount less than $1,000; and
(ii) The person's driving privileges shall be suspended for 90 days.
(b) For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (5) of this section before any of the penalties provided in this subsection are imposed.
(8) An offense under this section is a traffic infraction. To the extent not inconsistent with this section, the provisions of chapter 46.63 RCW shall apply to infractions under this section. Procedures for the conduct of all hearings provided for in this section may be established by rule of the supreme court.
(9) If a person is penalized under subsection (4) of this section, then the court shall notify the department, and the department shall suspend the person's driving privileges. If a person fails to meet the requirements of subsection (5) of this section, the court shall notify the department that the person has failed to meet the requirements of subsection (5) of this section and the department shall suspend the person's driving privileges. Notice provided by the court under this subsection must be in a form specified by the department.
(10) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
(11) For the purposes of this section:
(a) "Great bodily harm" and "substantial bodily harm" have the same meaning as provided in RCW 9A.04.110.
(b) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
(c) "Vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
[ 2023 c 471 s 2; 2020 c 146 s 1; 2011 c 372 s 1. ]
NOTES:
Effective date—2023 c 471: See note following RCW 46.61.5259.
Application—2011 c 372: "This act applies to infractions committed on or after July 1, 2012." [ 2011 c 372 s 4.]
Effective date—2011 c 372: "This act takes effect July 1, 2012." [ 2011 c 372 s 5.]
(1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway. For the purpose of the pilot program referenced in section 218(2), chapter 470, Laws of 2009, during the 2009-2011 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors are not present but where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on or adjacent to any public roadway pursuant to ongoing construction.
(2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices.
(3) A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades, or intentionally strikes a traffic safety or control device is guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(5) The department shall suspend for sixty days the license or permit to drive or a nonresident driving privilege of a person convicted of reckless endangerment of roadway workers.
[ 2009 c 470 s 713; 1994 c 141 s 1. ]
NOTES:
Effective date—2009 c 470: See note following RCW 46.68.170.
Effective date—1994 c 141: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 28, 1994]." [ 1994 c 141 s 3.]
(1) It shall be unlawful for any person or persons to race any motor vehicle or motor vehicles upon any public highway of this state as defined in RCW 46.04.197, or upon any off-street facility as defined in RCW 46.04.367. Any person or persons who willfully compare or contest relative speeds by operation of one or more motor vehicles or who willfully demonstrates, exhibits, or compares speed, maneuverability, or the power of one or more motor vehicles, including "drifting," shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500 subjecting the violator to the penalties provided for under RCW 46.61.500 unless otherwise provided for in this section, whether or not such speed is in excess of the maximum speed prescribed by law: PROVIDED HOWEVER, That any comparison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing. Nothing in this section prohibits a person from being charged under other provisions of the law for other acts, results, incidents, damages, injuries, or deaths that occur as a result of, or in addition to, their participation in racing.
(2) Any person who knowingly aids and abets racing under subsection (1) of this section may be charged and prosecuted as an accomplice in accordance with RCW 46.64.048.
(3) The offenses described in this section may be deemed to have been committed either at the time and location from which the person charged initiated his or her efforts, or at the time and location where the completed traffic infraction or crime occurred regardless of whether the person charged under this section was ever actually present at the time and location of the completed traffic infraction or crime.
[ 2023 c 283 s 4; 1979 ex.s. c 136 s 87; 1961 c 12 s 46.48.050. Prior: 1937 c 189 s 67; RRS s 6360-67; 1921 c 96 s 32; 1915 c 142 s 25; RRS s 6344. Formerly RCW 46.48.050. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2023 c 283: See note following RCW 46.04.367.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in racing of vehicles: RCW 10.31.100.
It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this state when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of the provisions of this section shall be prima facie evidence of reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided.
[ 1979 ex.s. c 136 s 88; 1961 c 12 s 46.48.060. Prior: 1937 c 189 s 68; RRS s 6360-68. Formerly RCW 46.48.060. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The word "drugs," as used in RCW 46.61.500 through 46.61.535, shall include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW and any chemical inhaled or ingested for its intoxicating or hallucinatory effects.
[ 2012 c 183 s 14; 1975 1st ex.s. c 287 s 5. ]
NOTES:
Effective date—2012 c 183: See note following RCW 9.94A.475.
(1) Outside of incorporated cities and towns no person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway.
(2) Subsection (1) of this section and RCW 46.61.570 and 46.61.575 do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle as required by RCW 46.61.590.
(3) Subsection (1) of this section does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone approved by the state department of transportation or a county upon highways under their respective jurisdictions. However, public transportation service providers, including private, nonprofit transportation providers regulated under chapter 81.66 RCW, may allow the driver of a transit vehicle to stop upon the roadway momentarily to receive or discharge passengers at an unmarked stop zone only under the following circumstances: (a) The driver stops the vehicle in a safe and practicable position; (b) the driver activates four-way flashing lights; and (c) the driver stops at a portion of the highway with an unobstructed view, for an adequate distance so as to not create a hazard, for other drivers.
(4) Subsection (1) of this section and RCW 46.61.570 and 46.61.575 do not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge of the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in the collection of solid waste or recyclables, or both, under chapters 81.77, 35.21, and 35A.21 RCW or by contract under RCW 36.58.040.
[ 2009 c 274 s 1; 1991 c 319 s 408; 1984 c 7 s 72; 1979 ex.s. c 178 s 20; 1977 c 24 s 2; 1965 ex.s. c 155 s 64. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
Limited access highways: RCW 47.52.120.
Unattended motor vehicles: RCW 46.61.600.
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;
(vi) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
(vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway including crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto, except that a city or county may, by ordinance or resolution, allow residential property owners within their jurisdiction to park, or allow another to park, across the point of ingress or egress of the driveway entering on to the residential property, provided that the driveway is no longer than 50 feet and that such parking does not obstruct a sidewalk, another driveway, or the roadway;
(ii) Within 15 feet of a fire hydrant;
(iii) Within 20 feet of a crosswalk;
(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
(v) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; or
(vi) At any place where official signs prohibit standing.
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
(i) Within 50 feet of the nearest rail of a railroad crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner provided by law at all other places except a time limit may be imposed or parking restricted at other places but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.
[ 2025 c 137 s 1; 1977 ex.s. c 151 s 40; 1975 c 62 s 35; 1965 ex.s. c 155 s 66. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. This subsection does not apply to the parking of motorcycles, unless a local jurisdiction prohibits angle parking as permitted under subsection (3)(a)(i) of this section and does not otherwise specify the manner in which a motorcycle must park.
(3)(a)(i) Every motorcycle stopped or parked on a one-way or two-way highway shall be so stopped or parked parallel or at an angle to the curb or edge of the highway with at least one wheel or fender within twelve inches of the curb nearest to which the motorcycle is parked or as close as practicable to the edge of the shoulder nearest to which the motorcycle is parked. A motorcycle may not be parked in such a manner that it extends into the roadway.
(ii) A county, city, or town may by ordinance prohibit the angle stopping or parking of a motorcycle as specified in (a)(i) of this subsection, but must post visible signage in a location to provide notice of the prohibition on angle stopping or parking for the prohibition to apply to that location.
(b)(i) More than one motorcycle may occupy a parking space, provided that the parked motorcycles occupying the parking space do not exceed the boundaries of that parking space.
(ii) All motor vehicle parking laws and penalties for the unlawful parking of a motor vehicle apply to each motorcycle parked in a parking space when multiple motorcycles are parked in that space to the same extent that motor vehicle parking laws apply to a single motor vehicle when it is the sole motor vehicle parked in a parking space. When proof of payment is required to be displayed by each motor vehicle parking at a location, all motorcycles must display such proof of payment, even if more than one motorcycle is parked in the same parking space. However, parking spaces that are metered by the space may not require payment multiple times for the use of a single parking space by multiple motorcycles during the same period of time.
(4) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. The angle parking of motorcycles, which is governed under subsection (3) of this section, is not subject to this determination by the secretary of transportation.
(5) The secretary with respect to highways under his or her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where the secretary has determined by order, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices.
[ 2020 c 163 s 1; 1977 ex.s. c 151 s 41; 1975 c 62 s 36; 1965 ex.s. c 155 s 67. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1975 c 62: See note following RCW 36.75.010.
The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other parking facilities operated by the department of transportation, including time limits for the parking of vehicles.
[ 1981 c 185 s 1. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
A parking space or stall for a person with a disability shall be indicated by a vertical sign with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120. The sign may include additional language such as, but not limited to, an indication of the amount of the monetary penalty defined in RCW 46.19.050 for parking in the space without a valid permit.
Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction.
[ 2010 c 161 s 1123; 2005 c 390 s 1; 1998 c 294 s 2; 1988 c 74 s 1; 1984 c 154 s 4. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Application—Severability—1984 c 154: See notes following RCW 46.55.113.
Accessible parking spaces required: RCW 70.92.140.
Special parking for persons with disabilities—Unauthorized use: RCW 46.19.050.
(1) Any person who meets the criteria for special parking privileges under RCW 46.19.010 must be allowed free of charge to park a vehicle being used to transport the holder of such special parking privileges for unlimited periods of time in parking zones or areas, including zones or areas with parking meters that are otherwise restricted as to the length of time parking is permitted, except zones in which parking is limited pursuant to RCW 46.19.050(5). The person must obtain and display a parking placard or special license plate under RCW 46.19.010 and 46.19.030 to be eligible for the privileges under this section.
(2) This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or that are reserved for special types of vehicles.
[ 2014 c 124 s 7; 2011 c 171 s 80; 2010 c 161 s 1124; 1991 c 339 s 25; 1984 c 154 s 5. ]
NOTES:
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Application—Severability—1984 c 154: See notes following RCW 46.55.113.
A special license plate or card issued by another state or country that indicates an occupant of the vehicle has a disability entitles the vehicle on or in which it is displayed and being used to transport the person with disabilities to the same parking privileges granted under this chapter to a vehicle with a similar special license plate or card issued by this state.
[ 2014 c 124 s 8; 1991 c 339 s 26; 1984 c 51 s 2. ]
NOTES:
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless such vehicle displays, in accordance with regulations adopted by the parks and recreation commission, a special winter recreational area parking permit or permits.
[ 1990 c 49 s 4; 1975 1st ex.s. c 209 s 5. ]
NOTES:
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.
Winter recreational parking areas: RCW 79A.05.225 through 79A.05.255.
Any violation of RCW 79A.05.240 or 46.61.585 or any rule adopted by the parks and recreation commission to enforce the provisions thereof is a civil infraction as provided in chapter 7.84 RCW.
[ 1999 c 249 s 501; 1984 c 258 s 329; 1977 c 57 s 1; 1975 1st ex.s. c 209 s 6. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1999 c 249: See note following RCW 79A.05.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.
It is unlawful for the operator of a vehicle to leave the vehicle unattended within the limits of any highway unless the operator of the vehicle arranges for the prompt removal of the vehicle.
[ 1979 ex.s. c 178 s 1. ]
NOTES:
Severability—1979 ex.s. c 178: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 178 s 23.]
Towing and impoundment: Chapter 46.55 RCW.
(1) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
(2) The most recent driver of a motor vehicle which the driver has left standing unattended, who learns that the vehicle has become set in motion and has struck another vehicle or property, or has caused injury to any person, shall comply with the requirements of:
(a) RCW 46.52.010 if his or her vehicle strikes an unattended vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020 if his or her vehicle causes damage to an attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b) of this section shall be subject to the sanctions set forth in RCW 46.52.020.
[ 2010 c 8 s 9072; 1980 c 97 s 2; 1965 ex.s. c 155 s 68. ]
NOTES:
Effective date—1980 c 97: See note following RCW 46.52.020.
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway.
[ 1965 ex.s. c 155 s 69. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
[ 1975 c 62 s 45. ]
NOTES:
Severability—1975 c 62: See note following RCW 36.75.010.
(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. However, this subsection shall not apply when the operator of a motorcycle overtakes and passes a pedestrian or bicyclist while maintaining a safe passing distance of at least three feet.
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties.
[ 2013 c 139 s 1; 1975 c 62 s 46. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. However, the motorcycle must contain foot pegs or be equipped with an additional bucket seat and seat belt meeting standards prescribed under 49 C.F.R. Part 571 for each person such motorcycle is designed to carry.
[ 2009 c 275 s 7; 1975 c 62 s 37; 1967 c 232 s 5; 1965 ex.s. c 155 s 70. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles, motor-driven cycles, mopeds, or electric-assisted bicycles: RCW 46.37.530, 46.37.535.
Mopeds: RCW 46.16A.405, 46.61.710, 46.61.720.
No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than thirty inches higher than the seat or saddle for the operator.
[ 1999 c 275 s 1; 1967 c 232 s 6. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle.
[ 1967 c 232 s 7. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
The provisions of RCW 46.37.530 and 46.61.610 through 46.61.612 are temporarily suspended with respect to the operation of motorcycles on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction.
[ 2011 c 332 s 1; 2010 c 8 s 9073; 1967 c 232 s 8. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle on a roadway.
[ 2010 c 8 s 9074; 1975 c 62 s 47. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle.
[ 2010 c 8 s 9075; 1965 ex.s. c 155 s 71. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.
[ 1965 ex.s. c 155 s 72. ]
(1) No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.
(2) Except as provided in subsection (3) of this section, no person or persons may occupy a vehicle while it is being towed by a tow truck as defined in RCW 46.55.010.
(3)(a) A tow truck operator may allow passengers to ride in a vehicle that is carried on the deck of a flatbed tow truck only when the following conditions are met:
(i) The number of people that need to be transported exceeds the seating capacity of the tow truck or a person needing to be transported has a disability that limits that person's ability to enter the tow truck;
(ii) All passengers in the carried vehicle and in the tow truck comply with RCW 46.61.687 and 46.61.688;
(iii) Any passenger under sixteen years of age is accompanied by an adult riding in the same vehicle; and
(iv) There is a way for the passengers in the carried vehicle to immediately communicate, either verbally, audibly, or visually, with the tow truck operator in case of an emergency.
(b) No passenger of such a carried vehicle may exit the carried vehicle, ride outside of the passenger compartment of the carried vehicle, or exhibit dangerous or distracting behaviors while in the carried vehicle.
[ 2013 c 155 s 1; 1999 c 398 s 9; 1995 c 360 s 10; 1965 ex.s. c 155 s 73. ]
(1) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.
(2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
[ 1965 ex.s. c 155 s 74. ]
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm.
[ 1975 c 62 s 38; 1965 ex.s. c 155 s 75. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
[ 1965 ex.s. c 155 s 76. ]
(1) Any person who drops, or permits to be dropped or thrown, upon any highway any material shall immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
[ 2003 c 337 s 5; 1965 ex.s. c 155 s 77. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—2003 c 337: See note following RCW 70A.200.060.
Lighted material, disposal of: RCW 76.04.455.
Littering: Chapter 70A.200 RCW.
(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.
(2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
(4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
(b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
(5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
(6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
(7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
(ii) Failure to secure a load in the first degree is a gross misdemeanor.
(b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
(ii) Failure to secure a load in the second degree is a misdemeanor.
(c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.
[ 2005 c 431 s 1; 1990 c 250 s 56; 1986 c 89 s 1; 1971 ex.s. c 307 s 22; 1965 ex.s. c 52 s 1; 1961 c 12 s 46.56.135. Prior: 1947 c 200 s 3, part; 1937 c 189 s 44, part; Rem. Supp. 1947 s 6360-44, part. Formerly RCW 46.56.135. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Littering: Chapter 70A.200 RCW.
Transporting waste to landfills: RCW 70A.200.120.
It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure be provided and so attached as to protect such animal from falling or being thrown therefrom. It shall be unlawful for any person to transport any persons upon the running board, fenders, hood or other outside part of any vehicle, except that this provision shall not apply to authorized emergency vehicles or to solid waste collection vehicles that are engaged in collecting solid waste or recyclables on route at speeds of twenty miles per hour or less.
[ 1997 c 190 s 1; 1961 c 12 s 46.56.070. Prior: 1937 c 189 s 115; RRS s 6360-115. Formerly RCW 46.56.070. ]
It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.
[ 1979 ex.s. c 136 s 89; 1961 c 12 s 46.56.100. Prior: 1937 c 189 s 117; RRS s 6360-117; 1927 c 309 s 49; RRS s 6362-49. Formerly RCW 46.56.100. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
It shall be unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all of the wheels off the roadway thereof, except as permitted by RCW 46.61.428 or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof.
[ 1977 ex.s. c 39 s 2; 1961 c 12 s 46.56.130. Prior: 1937 c 189 s 96; RRS s 6360-96. Formerly RCW 46.56.130. ]
(1) A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine as provided in RCW 46.63.110(3).
(2) Subsection (1) of this section does not apply to:
(a) A driver who is using a personal electronic device to contact emergency services;
(b) The use of a system by a transit system employee for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;
(c) An individual employed as a commercial motor vehicle driver who uses a personal electronic device within the scope of such individual's employment if such use is permitted under 49 U.S.C. Sec. 31136 as it existed on July 23, 2017; and
(d) A person operating an authorized emergency vehicle.
(3) The state preempts the field of regulating the use of personal electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a personal electronic device by the operator of a motor vehicle.
(4) A second or subsequent offense under this section is subject to two times the penalty amount under RCW 46.63.110.
(5) If a person is found to have committed an infraction under this section within a crash prevention zone created under RCW 46.61.090, the base penalty amount imposed under RCW 46.63.110(3) for such an infraction must be doubled. The total penalty amount, including statutory assessments, may not be waived, reduced, or suspended. Fifty percent of the moneys collected under this subsection must be deposited into the highway safety fund for infractions committed in crash prevention zones established by the department of transportation, and may only be used for engineering and traffic investigations, creation and installation of road signs, and safety improvements in the crash prevention zone.
(6) For purposes of this section:
(a) "Driving" means to operate a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include when the vehicle has pulled over to the side of, or off of, an active roadway and has stopped in a location where it can safely remain stationary.
(b) "Personal electronic device" means any portable electronic device that is capable of wireless communication or electronic data retrieval and is not manufactured primarily for hands-free use in a motor vehicle. "Personal electronic device" includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game. "Personal electronic device" does not include two-way radio, citizens band radio, or amateur radio equipment.
(c) "Use" or "uses" means:
(i) Holding a personal electronic device in either hand or both hands;
(ii) Using your hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; however, this does not preclude the minimal use of a finger to activate, deactivate, or initiate a function of the device;
(iii) Watching video on a personal electronic device.
[ 2026 c 123 s 2; 2017 c 334 s 1. ]
(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed a base penalty of thirty dollars.
(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.
(c) For the purposes of this section, "dangerously distracted" means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.
(2) The additional monetary penalty imposed under this section must be deposited into the distracted driving prevention account created in subsection (3) of this section.
(3) The distracted driving prevention account is created in the state treasury. All receipts from the base penalty in subsection (1) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to support programs dedicated to reducing distracted driving and improving driver education on distracted driving.
[ 2017 c 334 s 3. ]
It shall be unlawful for the owner, or any other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner contrary to the law.
[ 1961 c 12 s 46.56.200. Prior: 1937 c 189 s 148; RRS s 6360-148. Formerly RCW 46.56.200. ]
It is unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of such passenger vehicle other than the wheels has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel the tire on which is in contact with such roadway.
Violation of the provisions of this section is a traffic infraction.
[ 1979 ex.s. c 136 s 90; 1961 c 151 s 1. Formerly RCW 46.56.220. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle.
(2) Any person violating this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator's license of such person.
[ 2003 c 53 s 246; 1990 c 250 s 57; 1961 c 151 s 2. Formerly RCW 46.56.230. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Leaving children unattended in parked automobile while entering tavern, etc.: RCW 9.91.060.
(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle or medium-speed electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:
(a) A child under the age of two years must be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(b) A child who is not properly secured in a rear-facing child restraint system in accordance with (a) of this subsection and who is under the age of four years must be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(c) A child who is not properly secured in a child restraint system in accordance with (a) or (b) of this subsection and who is under four feet nine inches tall must be properly secured in a child booster seat. A child may continue to be properly secured in a child booster seat until the vehicle lap and shoulder seat belts fit properly, typically when the child is between the ages of eight and twelve years of age, as recommended by the American academy of pediatrics, or must be properly secured with the motor vehicle's safety belt properly adjusted and fastened around the child's body.
(d) The child restraint system used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child restraint system manufacturer.
(e) The child booster seat used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child booster seat manufacturer to position a child to sit properly in a federally approved safety seat belt system.
(f) The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a child restraint system must ensure that the child restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers.
(3) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.
(5) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.
(6) As used in this section:
(a) "Child booster seat" is a type of child restraint system; a backless child restraint system or a belt positioning system is a child booster seat provided it meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(b) "Child restraint system" means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(7) The requirements of subsection (1)(c) of this section do not apply in any seating position where there is only a lap belt available.
(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child restraint systems.
[ 2019 c 59 s 1; 2007 c 510 s 4. Prior: 2005 c 415 s 1; 2005 c 132 s 1; 2003 c 353 s 5; 2000 c 190 s 2; 1994 c 100 s 1; 1993 c 274 s 1; 1987 c 330 s 745; 1983 c 215 s 2. ]
NOTES:
Effective date—2019 c 59: "This act takes effect January 1, 2020." [ 2019 c 59 s 3.]
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2005 c 132 s 1: "Section 1 of this act takes effect June 1, 2007." [ 2005 c 132 s 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—2000 c 190: "The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board's recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature's intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles." [ 2000 c 190 s 1.]
Short title—2000 c 190: "This act may be known and cited as the Anton Skeen Act." [ 2000 c 190 s 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002." [ 2000 c 190 s 6.]
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.
A person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[ 2005 c 132 s 2. ]
(1) For the purposes of this section, "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
(b) "Medium-speed electric vehicle" meaning a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than thirty miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500;
(c) "Motorcycle," meaning a three-wheeled motor vehicle that is designed (i) so that the driver rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and (ii) to be steered with a steering wheel;
(d) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(e) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under 49 C.F.R. Sec. 571.500;
(f) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
(g) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
(2)(a) This section only applies to:
(i) Motor vehicles that meet the manual seat belt safety standards as set forth in 49 C.F.R. Sec. 571.208;
(ii) Motorcycles, when equipped with safety belts that meet the standards set forth in 49 C.F.R. Part 571; and
(iii) Neighborhood electric vehicles and medium-speed electric vehicles that meet the seat belt standards as set forth in 49 C.F.R. Sec. 571.500.
(b) This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required under 49 C.F.R. Part 571 are occupied.
(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device.
(5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
(7) This section does not apply to an operator or passenger, except for an operator or passenger operating a commercial motor vehicle as defined in RCW 46.32.005, who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.
[ 2019 c 173 s 1. Prior: 2009 c 275 s 8; 2007 c 510 s 5; 2003 c 353 s 4; 2002 c 328 s 2; (2002 c 328 s 1 expired July 1, 2002); 2000 c 190 s 3; 1990 c 250 s 58; 1986 c 152 s 1. ]
NOTES:
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2003 c 353: See note following RCW 46.04.320.
Expiration date—2002 c 328 s 1: "Section 1 of this act expires July 1, 2002." [ 2002 c 328 s 3.]
Effective date—2002 c 328 s 2: "Section 2 of this act takes effect July 1, 2002." [ 2002 c 328 s 4.]
Intent—Short title—Effective date—2000 c 190: See notes following RCW 46.61.687.
Study of effectiveness—1986 c 152: "The traffic safety commission shall undertake a study of the effectiveness of section 1 of this act and shall report its finding to the legislative transportation committee by January 1, 1989." [ 1986 c 152 s 3.]
Physicians—Immunity from liability regarding safety belts: RCW 4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510.
The traffic safety commission shall conduct an educational campaign using all available methods to raise public awareness of the importance of properly restraining child passengers and the value of seat belts to adult motorists. The traffic safety commission shall report to the transportation committees of the legislature on the campaign and results observed on the highways. The first report is due December 1, 2000, and annually thereafter.
[ 2000 c 190 s 4. ]
NOTES:
Intent—Short title—Effective date—2000 c 190: See notes following RCW 46.61.687.
(1) Any person who uses a toll bridge, toll tunnel, toll road, or toll ferry, and the approaches thereto, operated by the state of Washington, the department of transportation, a political subdivision or municipal corporation empowered to operate toll facilities, or an entity operating a toll facility under a contract with the department of transportation, a political subdivision, or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and vehicular traffic that it is entering a toll facility or its approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction if:
(a) The person does not pay, refuses to pay, evades, or attempts to evade the payment of such tolls, or uses or attempts to use any spurious, counterfeit, or stolen ticket, coupon, token, or electronic device for payment of any such tolls;
(b) The person turns, or attempts to turn, the vehicle around in the bridge, tunnel, loading terminal, approach, or toll plaza where signs have been erected forbidding such turns;
(c) The person refuses to move a vehicle through the toll facility after having come within the area where signs have been erected notifying traffic that it is entering the area where toll is collectible or where vehicles may not turn around and where vehicles are required to pass through the toll facility for the purpose of collecting tolls; or
(d) The driver of the vehicle displays any vehicle license number plate or plates that have been, in any manner, changed, altered, obscured, or disfigured, or have become illegible.
(2) Subsection (1)(a) of this section does not apply to toll nonpayment detected through the use of photo toll systems under RCW 46.63.160.
[ 2010 c 249 s 9; 2004 c 231 s 1; 1983 c 247 s 1; 1979 ex.s. c 136 s 91; 1961 c 259 s 1. Formerly RCW 46.56.240. ]
NOTES:
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1961 c 259: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1961 c 259 s 2.]
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
[ 1965 ex.s. c 155 s 78. ]
NOTES:
Reviser's note: This section was enacted just before sections about the operation of bicycles and play vehicles and was accordingly so codified in 1965. Other sections enacted later have been codified under the numbers remaining between RCW 46.61.700 and 46.61.750. The section appears in the Uniform Vehicle Code (1962) as part of the first section of Article XII—Operation of Bicycles and Play Vehicles.
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.024.
(1) A person may operate an off-road motorcycle upon a public road, street, or highway of this state if the person:
(a) Files a motorcycle highway use declaration, as provided under RCW 46.16A.435, with the department certifying conformance with all applicable federal motor vehicle safety standards and state standards;
(b) Obtains and has in full force and effect a current and proper ORV registration or temporary ORV use permit under chapter 46.09 RCW; and
(c) Obtains a valid driver's license and motorcycle endorsement issued to Washington residents in compliance with chapter 46.20 RCW for a motorcycle.
(2) Any off-road motorcycle operated under this section must have:
(a) A head lamp meeting the requirements of RCW 46.37.523 and 46.37.524, and used in accordance with RCW 46.37.522;
(b) A tail lamp meeting the requirements of RCW 46.37.525;
(c) A stop lamp meeting the requirements of RCW 46.37.525;
(d) Reflectors meeting the requirements of RCW 46.37.525;
(e) Brakes meeting the requirements of RCW 46.37.527, 46.37.528, and 46.37.529;
(f) A mirror on both the left and right handlebar meeting the requirements of RCW 46.37.530;
(g) A windshield meeting the requirements of RCW 46.37.530, unless the driver wears glasses, goggles, or a face shield while operating the motorcycle, of a type conforming to rules adopted by the state patrol;
(h) A horn or warning device meeting the requirements of RCW 46.37.380;
(i) Tires meeting the requirements of RCW 46.37.420 and 46.37.425;
(j) Turn signals meeting the requirements of RCW 46.37.200; and
(k) Fenders adequate for minimizing the spray or splash of water, rocks, or mud from the roadway. Fenders must be as wide as the tires behind which they are mounted and extend downward at least half way to the center of the axle.
(3) Every person operating an off-road motorcycle under this section is granted all rights and is subject to all duties applicable to the driver of a motorcycle under RCW 46.37.530 and chapter 46.61 RCW.
(4) Any person who violates this section commits a traffic infraction.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are an off-road motorcycle.
[ 2011 c 121 s 2. ]
NOTES:
Effective date—2011 c 121: See note following RCW 46.04.363.
A person may operate a motorcycle, that previously had been converted to a snow bike, upon a public road, street, or highway of this state if:
(1) The person files a motorcycle highway use declaration, as provided under RCW 46.16A.460, with the department certifying conformance with all applicable federal motor vehicle safety standards and state standards while in use as a motorcycle upon public roads, streets, or highways;
(2) The person obtains a valid driver's license and motorcycle endorsement issued to Washington residents in compliance with chapter 46.20 RCW for a motorcycle; and
(3) The motorcycle conforms to all applicable federal motor vehicle safety standards and state standards.
[ 2019 c 262 s 3. ]
NOTES:
Effective date—2019 c 262: See note following RCW 46.16A.460.
(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with RCW 46.16A.405(2).
(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive mobility device, or motorized foot scooter on a fully controlled limited access highway is unlawful. Operation of a personal delivery device on any part of a highway other than a sidewalk or crosswalk is unlawful, except as provided in RCW 46.61.240(2) and 46.61.250(2). Operation of a moped on a sidewalk is unlawful. Operation of a motorized foot scooter or class 3 electric-assisted bicycle on a sidewalk is unlawful, unless there is no alternative for a motorized foot scooter or a class 3 electric-assisted bicycle to travel over a sidewalk as part of a bicycle or pedestrian path, or if authorized by local ordinance, as provided in RCW 46.61.715.
(4) Removal of any muffling device or pollution control device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles.
(6) Electric-assisted bicycles and motorized foot scooters may have access to highways of the state and may be parked to the same extent as bicycles, subject to RCW 46.61.160.
(7) Subject to subsection (10) of this section, class 1 and class 2 electric-assisted bicycles and motorized foot scooters may be operated on a shared-use path or any part of a highway designated for the use of bicycles, but local jurisdictions or state agencies may restrict or otherwise limit the access of electric-assisted bicycles and motorized foot scooters, and local jurisdictions or state agencies may regulate the use of class 1 and class 2 electric-assisted bicycles and motorized foot scooters on facilities, properties, and rights-of-way under their jurisdiction and control. Local regulation of the operation of class 1 or class 2 electric-assisted bicycles, upon a shared use path designated for the use of bicycles that crosses jurisdictional boundaries of two or more local jurisdictions, must be consistent for the entire shared use path in order for the local regulation to be enforceable; however, this does not apply to local regulations of a shared use path in effect as of January 1, 2018.
(8) Class 3 electric-assisted bicycles may be operated on facilities that are within or adjacent to a highway. Class 3 electric-assisted bicycles may not be operated on a shared-use path, except where local jurisdictions may allow the use of class 3 electric-assisted bicycles. State agencies or local jurisdictions may regulate the use of class 3 electric-assisted bicycles on facilities and properties under their jurisdiction and control. Local regulation of the operation of class 3 electric-assisted bicycles, upon a shared use path designated for the use of bicycles that crosses jurisdictional boundaries of two or more local jurisdictions, must be consistent for the entire shared use path in order for the local regulation to be enforceable; however, this does not apply to local regulations of a shared use path in effect as of January 1, 2018.
(9) Except as otherwise provided in this section, an individual shall not operate an electric-assisted bicycle or motorized foot scooter on a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. A local authority or agency of this state having jurisdiction over a trail described in this subsection may allow the operation of an electric-assisted bicycle or motorized foot scooter on that trail.
(10) Subsections (1) and (4) of this section do not apply to motorized foot scooters. Subsection (2) of this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or hiking or recreational trail was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built or maintained with federal highway transportation funds may be used by persons operating motorized foot scooters only when signed to allow motorized foot scooter use.
(11) A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
(12) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation may prohibit the operation of an EPAMD on public highways within their respective jurisdictions where the speed limit is greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city engineer or designee of the municipality. Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.
[ 2019 c 214 s 19; 2019 c 170 s 3; 2018 c 60 s 5; 2011 c 171 s 81; 2009 c 275 s 9; 2003 c 353 s 10; 2002 c 247 s 7; 1997 c 328 s 5; 1979 ex.s. c 213 s 8. ]
NOTES:
Reviser's note: This section was amended by 2019 c 170 s 3 and by 2019 c 214 s 19, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2019 c 214: See note following RCW 46.75.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
(1) A local authority may regulate the operation of motorized foot scooters and shared scooters within its jurisdiction which may include, but is not limited to, the following:
(a) Determining if shared scooters may be operated within the local authority's jurisdiction, and if allowed, where they may be operated;
(b) Requiring scooter share programs to pay reasonable fees and taxes;
(c) Requiring that shared scooters be staged in a manner compliant with the Americans with disabilities act, to ensure clear passage of pedestrian traffic on sidewalks; and
(d) Adopting and assessing penalties for moving or parking violations involving shared scooters to the person responsible for such violation.
(2) A contract offered by a scooter share program to a prospective scooter share contractor must make the following written disclosures to a prospective scooter share contractor:
WHILE YOU ARE LOCATING AND RETURNING SCOOTERS, PROVIDING TRANSPORT, BATTERY CHARGE, OR REPAIR SERVICES, YOU MAY BE ENGAGED IN COMMERCIAL ACTIVITY. YOUR PRIVATE PASSENGER AUTOMOBILE, HOMEOWNERS, CONDOMINIUM, OR RENTERS INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR YOU, DEPENDING ON THE TERMS OF YOUR POLICY.
(3) For the purposes of this section:
(a) "Scooter share program" means a person offering shared scooters for hire. All scooter share programs must carry the following insurance coverage:
(i) Commercial general liability insurance coverage with a limit of at least one million dollars for each occurrence and five million dollars aggregate;
(ii) Automobile liability insurance coverage with a combined single limit of at least one million dollars; and
(iii) If a local authority authorizes operation of a motorized foot scooter by persons under sixteen years of age, the local authority may require all scooter share programs offering shared scooters for hire to such persons under sixteen years of age to carry insurance coverage at greater amounts negotiated between the programs and the local authority.
(b) "Scooter share contractor" means a person other than an employee of a scooter share program retained under an independent contract to provide scooter location or transport and/or scooter battery charging or repair services to a scooter share program.
(c) "Shared scooter" means any motorized foot scooter offered for hire. All shared scooters must bear a single unique alphanumeric identification visible from a distance of five feet, which shall not be obfuscated by branding or other markings, which shall be used throughout the state, including by local authorities, to identify the shared scooter.
[ 2019 c 170 s 5. ]
Mopeds shall comply with those federal motor vehicle safety standards established under the national traffic vehicle safety act of 1966 (15 U.S.C. Sec. 1381, et seq.) which are applicable to a motor-driven cycle, as that term is defined in such federal standards.
[ 1979 ex.s. c 213 s 9. ]
NOTES:
Mopeds
drivers' licenses, motorcycle endorsement, moped exemption: RCW 46.20.500.
registration: RCW 46.16A.405(2).
(1) Except as provided in subsection (3) of this section, a person may operate a medium-speed electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, if:
(a) The person does not operate a medium-speed electric vehicle upon state highways that are listed in chapter 47.17 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) The person does not operate a medium-speed electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW. The department must track medium-speed electric vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a medium-speed electric vehicle upon a highway of this state without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a medium-speed electric vehicle subject to registration under chapter 46.16A RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a medium-speed electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, or forty-five miles per hour as provided in subsection (4) of this section, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, and occurs at an intersection of approximately ninety degrees, except that the operator of a medium-speed electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of medium-speed electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with this title, except that:
(a) Local authorities may not authorize the operation of medium-speed electric vehicles on streets and highways that are part of the state highway system subject to Title 47 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) Local authorities may not prohibit the operation of medium-speed electric vehicles upon highways of this state having a speed limit of thirty-five miles per hour or less; and
(c) Local authorities may not establish requirements for the registration of medium-speed electric vehicles.
(4) In counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate a medium-speed electric vehicle upon a highway of this state having a speed limit of forty-five miles per hour or less. A person operating a medium-speed electric vehicle as authorized under this subsection must not cross a roadway with a speed limit in excess of forty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of forty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a medium-speed electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a medium-speed electric vehicle.
[ 2016 c 17 s 1; 2011 c 171 s 82; 2010 c 144 s 2; 2007 c 510 s 3. ]
NOTES:
Effective date—2016 c 17: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2016." [ 2016 c 17 s 3.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2007 c 510: See note following RCW 46.04.320.
(1) Absent prohibition by local authorities authorized under this section and except as prohibited elsewhere in this section, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, if:
(a) The person does not operate a neighborhood electric vehicle upon state highways that are listed in chapter 47.17 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) The person does not operate a neighborhood electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW. The department must track neighborhood electric vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a neighborhood electric vehicle upon a highway of this state without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a neighborhood electric vehicle subject to registration under chapter 46.16A RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a neighborhood electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, or forty-five miles per hour as provided in subsection (4) of this section, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of neighborhood electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:
(a) Local authorities may not authorize the operation of neighborhood electric vehicles on streets and highways that are part of the state highway system subject to the provisions of Title 47 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) Local authorities may not prohibit the operation of neighborhood electric vehicles upon highways of this state having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any requirements for the registration of neighborhood electric vehicles.
(4) In counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of forty-five miles per hour or less. A person operating a neighborhood electric vehicle as authorized under this subsection must not cross a roadway with a speed limit in excess of forty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of forty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a neighborhood electric vehicle.
[ 2016 c 17 s 2; 2011 c 171 s 83; 2010 c 144 s 3; 2003 c 353 s 3. ]
NOTES:
Effective date—2016 c 17: See note following RCW 46.61.723.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2003 c 353: See note following RCW 46.04.320.
(1) No person may operate a wheelchair conveyance on any public roadway with a posted speed limit in excess of thirty-five miles per hour.
(2) No person other than a wheelchair-bound person may operate a wheelchair conveyance on a public roadway.
(3) Every wheelchair-bound person operating a wheelchair conveyance upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle by this chapter, except those provisions that by their nature can have no application.
(4) A violation of this section is a traffic infraction.
[ 1983 c 200 s 5. ]
NOTES:
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definitions: RCW 46.04.710.
operator's license: RCW 46.20.109.
registration: RCW 46.16A.405(3).
safety standards: RCW 46.37.610.
For the purposes of this chapter, "personal delivery device" has the same meaning as in RCW 46.75.010.
[ 2019 c 214 s 8. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
When sentencing a person convicted of any criminal offense under this chapter or a violation of any other provision of law that constitutes a misdemeanor, gross misdemeanor, or felony, the court may impose, as a condition of probation, a requirement regarding the installation and use of a functioning intelligent speed assistance device installed on all motor vehicles operated by the person. If the court finds that the person engaged in excessive speeding during the commission of the offense, the court shall impose the use of a functioning intelligent speed assistance device installed on all motor vehicles operated by the person for a period of not less than six months.
[ 2025 c 228 s 8. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
(1) It is a traffic infraction for a driver of a motor vehicle intending to board a Washington state ferry, to: (a) Block a residential driveway while waiting to board the ferry; or (b) move in front of another vehicle in a queue already waiting to board the ferry, without the authorization of a state ferry system employee. Vehicles qualifying for preferential loading privileges under rules adopted by the department of transportation are exempt from this section. In addition to any other penalty imposed for a violation of this section, the driver will be directed to immediately move the motor vehicle to the end of the queue of vehicles waiting to board the ferry. Violations of this section are not part of the vehicle driver's driving record under RCW 46.52.101 and 46.52.120.
(2) Subsection (1) of this section does not apply to a driver of a motor vehicle intending to board the Keller Ferry on state route No. 21.
[ 2007 c 423 s 1. ]
(1) Any person who refuses to pay or evades payment for motor vehicle fuel that is pumped into a motor vehicle is guilty of theft of motor vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) The court shall order the department to suspend the person's license, permit, or nonresident privilege to drive for a period specified by the court of up to six months.
[ 2001 c 325 s 1. ]
(1)(a) It is a traffic infraction:
(i) For the registered owner of a motor vehicle, or the driver if the registered owner is not then present, or passengers in the vehicle, to keep cannabis in a motor vehicle when the vehicle is upon a highway, unless it is (A) in the trunk of the vehicle, (B) in some other area of the vehicle not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a trunk, or (C) in a package, container, or receptacle that has not been opened or the seal broken or contents partially removed. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers;
(ii) To consume cannabis in any manner including, but not limited to, smoking or ingesting in a motor vehicle when the vehicle is upon the public highway; or
(iii) To place cannabis in a container specifically labeled by the manufacturer of the container as containing a noncannabis substance and to then violate (a)(i) of this subsection.
(b) There is a rebuttable presumption that it is a traffic infraction if the original container of cannabis is incorrectly labeled and there is a subsequent violation of (a)(i) of this subsection.
(2) As used in this section, "cannabis" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
[ 2022 c 16 s 45; 2015 2nd sp.s. c 3 s 8. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Subject to funds appropriated for this purpose, law enforcement agencies are encouraged to undertake a public education campaign to inform the public of the unlawful nature of illegal racing; the dangers such events pose to attendants, participants, and the general public; and the penalties violators may suffer if they participate in or promote illegal racing, including the possible impoundment and forfeiture of vehicles used to participate in illegal racing. Agencies are encouraged to use multiple strategies in their public education campaigns depending upon available funds, including posts through social media or other web-based platforms, developing and disseminating printed materials or mailings, and creating and posting signs at various locations within the agency's jurisdiction.
[ 2023 c 283 s 3. ]
NOTES:
Effective date—2023 c 283: See note following RCW 46.04.367.
(1) A vehicle used to commit the crime of racing is subject to impoundment as provided for in chapter 46.55 RCW.
(2) If an operator has previously had a vehicle impounded due to illegal racing conduct, regardless of whether a criminal charge or a conviction resulted from that conduct, and the operator is convicted of a subsequent offense that was originally charged under RCW 46.61.500 or 46.61.530 or a comparable municipal ordinance, the vehicle operated by the operator is subject to forfeiture as follows:
(a) No property may be forfeited under this section until after the operator is convicted of the crime of racing under RCW 46.61.530 and a finding is made that the operator used the vehicle to commit such crime.
(b) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party neither had knowledge of nor consented to the commission of the offense.
(c) A vehicle subject to forfeiture under this section may be seized by any law enforcement officer of this state upon process issued by any court having jurisdiction over the property. However, seizure of the vehicle may be made without process if:
(i) The seizure is incident to an arrest or a search under a search warrant; or
(ii) The vehicle subject to seizure has been the subject of a prior judgment in favor of the seizing agency in a forfeiture proceeding based on this section; or
(iii) A law enforcement officer has probable cause to believe that the vehicle was used or is intended to be used in the commission of a felony.
(d) In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule including, but not limited to, service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15-day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(e) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within 60 days of the seizure, the item seized shall either be deemed forfeited if the operator is convicted as provided for in this section, or the vehicle shall be returned to the owner of record if the operator is not convicted as provided for in (a) of this subsection.
(f) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized property within 60 days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within 45 days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the municipal court of the municipality that operates the seizing agency, or if there is no such municipal court, the district court when the aggregate value of the property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the property involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. The seizing law enforcement agency shall promptly return the property to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.
(g) When property is forfeited under this chapter, after satisfying any court-ordered victim restitution, the seizing law enforcement agency may:
(i) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the criminal law;
(ii) Sell that which is not required to be destroyed by law and which is not harmful to the public, and use the proceeds to fund personnel, programs, services, and equipment related to the enforcement and processing of street racing violations, or to address and improve general traffic safety, within the seizing agency's jurisdiction.
[ 2023 c 283 s 5. ]
NOTES:
Effective date—2023 c 283: See note following RCW 46.04.367.
(1) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780.
(2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein.
[ 1982 c 55 s 6; 1979 ex.s. c 136 s 92; 1965 ex.s. c 155 s 79. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Bicycle awareness program: RCW 43.43.390.
"Bicycle" defined: RCW 46.04.071.
(1) Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in RCW 46.61.750 through 46.61.780, except as provided in RCW 46.61.190, and except as to those provisions of this chapter which by their nature can have no application.
(2) Every person riding a bicycle upon a sidewalk or crosswalk must be granted all of the rights and is subject to all of the duties applicable to a pedestrian by this chapter.
[ 2020 c 66 s 4; 2000 c 85 s 3; 1965 ex.s. c 155 s 80. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2020 c 66: See note following RCW 46.61.050.
All hand signals required of persons operating bicycles shall be given in the following manner:
(1) Left turn. Left hand and arm extended horizontally beyond the side of the bicycle;
(2) Right turn. Left hand and arm extended upward beyond the side of the bicycle, or right hand and arm extended horizontally to the right side of the bicycle;
(3) Stop or decrease speed. Left hand and arm extended downward beyond the side of the bicycle.
The hand signals required by this section shall be given before initiation of a turn.
[ 1982 c 55 s 8. ]
(1) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(2) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
[ 1965 ex.s. c 155 s 81. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
[ 2010 c 8 s 9076; 1965 ex.s. c 155 s 82. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except:
(a) While preparing to make or while making turning movements at an intersection or into a private road or driveway;
(b) When approaching an intersection where right turns are permitted and there is a dedicated right turn lane, in which case a person may operate a bicycle in this lane even if the operator does not intend to turn right;
(c) While overtaking and passing another bicycle or vehicle proceeding in the same direction; and
(d) When reasonably necessary to avoid unsafe conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicyclists, pedestrians, animals, and surface hazards.
(2) A person operating a bicycle upon a roadway or highway other than a limited access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe.
(3) A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane.
(4) When the operator of a bicycle is using the travel lane of a roadway with only one lane for traffic moving in the direction of travel and it is wide enough for a bicyclist and a vehicle to travel safely side-by-side within it, the bicycle operator shall operate far enough to the right to facilitate the movement of an overtaking vehicle unless other conditions make it unsafe to do so or unless the bicyclist is preparing to make a turning movement or while making a turning movement.
(5) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
(6) This section does not apply on a shared street as defined in RCW 46.61.197.
[ 2025 c 300 s 6; 2019 c 403 s 10; 1982 c 55 s 7; 1974 ex.s. c 141 s 14; 1965 ex.s. c 155 s 83. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Use of bicycles on limited access highways: RCW 46.61.160.
No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.
[ 1965 ex.s. c 155 s 84. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(1) Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
[ 1998 c 165 s 17; 1987 c 330 s 746; 1975 c 62 s 39; 1965 ex.s. c 155 s 85. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1975 c 62: See note following RCW 36.75.010.
(1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the bicycle rider is to be taken into protective custody under *RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe place; or
(b) Release the intoxicated bicycle rider to a competent person.
(2) The law enforcement officer shall not provide the assistance offered if the bicycle rider refuses to accept it. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the bicycle rider to accept this assistance.
(3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer determines that impoundment is necessary to reduce a threat to public safety, and there are no reasonable alternatives to impoundment. The bicyclist will be given a written notice of when and where the impounded bicycle may be reclaimed. The bicycle may be reclaimed by the bicycle rider when the bicycle rider no longer appears to be intoxicated, or by an individual who can establish ownership of the bicycle. The bicycle must be returned without payment of a fee. If the bicycle is not reclaimed within thirty days, it will be subject to sale or disposal consistent with agency procedures.
[ 2000 c 85 s 4. ]
NOTES:
*Reviser's note: RCW 70.96A.120 was repealed by 2016 sp.s. c 29 s 301, effective April 1, 2018.
It is the legislative intent in the adoption of this chapter in decriminalizing certain traffic offenses to promote the public safety and welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions.
[ 1979 ex.s. c 136 s 1. ]
NOTES:
Effective date—1979 ex.s. c 136: "The provisions of chapter 136, Laws of 1979 ex. sess. and this 1980 act shall take effect on January 1, 1981, and shall apply to violations of the traffic laws committed on or after January 1, 1981." [ 1980 c 128 s 9; 1979 ex.s. c 136 s 111.]
Severability—1979 ex.s. c 136: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 136 s 110.]
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;
(2) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(3) RCW 46.09.480 relating to operation of nonhighway vehicles;
(4) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(5) RCW 46.10.495 relating to the operation of snowmobiles;
(6) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
(7) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
(8) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
(9) RCW 46.16A.320 relating to vehicle trip permits;
(10) RCW 46.19.050(1) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
(11) RCW 46.19.050(8) relating to illegally obtaining a parking placard, special license plate, special year tab, or identification card;
(12) RCW 46.19.050(9) relating to sale of a parking placard, special license plate, special year tab, or identification card;
(13) RCW 46.20.005 relating to driving without a valid driver's license;
(14) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(15) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(16) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(17) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
(18) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
(19) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
(20) RCW 46.20.750 relating to circumventing an ignition interlock device;
(21) RCW 46.25.170 relating to commercial driver's licenses;
(22) Chapter 46.29 RCW relating to financial responsibility;
(23) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(24) RCW 46.35.030 relating to recording device information;
(25) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(26) RCW 46.37.650 relating to the manufacture, importation, sale, distribution, or installation of a counterfeit air bag, nonfunctional air bag, or previously deployed or damaged air bag;
(27) RCW 46.37.660 relating to the sale or installation of a device that causes a vehicle's diagnostic system to inaccurately indicate that the vehicle has a functional air bag when a counterfeit air bag, nonfunctional air bag, or no air bag is installed;
(28) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
(29) RCW 46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;
(30) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(31) RCW 46.48.175 relating to the transportation of dangerous articles;
(32) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(33) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(34) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
(35) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(36) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(37) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(38) RCW 46.55.300 relating to vehicle immobilization;
(39) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
(40) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(41) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(42) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(43) RCW 46.61.212(5) relating to reckless endangerment of emergency or work zone workers;
(44) RCW 46.61.500 relating to reckless driving;
(45) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
(46) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(47) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(48) RCW 46.61.522 relating to vehicular assault;
(49) RCW 46.61.5249 relating to first degree negligent driving;
(50) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(51) RCW 46.61.530 relating to racing of vehicles on highways;
(52) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
(53) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(54) RCW 46.61.740 relating to theft of motor vehicle fuel;
(55) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(56) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(57) Chapter 46.65 RCW relating to habitual traffic offenders;
(58) RCW 46.68.010 relating to false statements made to obtain a refund;
(59) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(60) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(61) RCW 46.72A.060 relating to limousine carrier insurance;
(62) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(63) RCW 46.72A.080 relating to false advertising by a limousine carrier;
(64) Chapter 46.80 RCW relating to motor vehicle wreckers;
(65) Chapter 46.82 RCW relating to driver's training schools;
(66) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(67) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW;
(68) RCW 46.61.5259 relating to negligent driving with a vulnerable user victim in the first degree.
[ 2023 c 471 s 10; 2018 c 18 s 4; 2016 c 213 s 4; 2014 c 124 s 9; 2013 2nd sp.s. c 23 s 21; 2013 c 135 s 2; 2010 c 252 s 3; 2010 c 161 s 1125; 2010 c 8 s 9077; 2009 c 485 s 6; 2008 c 282 s 11. Prior: 2005 c 431 s 2; 2005 c 323 s 3; 2005 c 183 s 10; 2004 c 95 s 14; 2003 c 33 s 4; 2001 c 325 s 4; 1999 c 86 s 6; 1998 c 294 s 3; prior: 1997 c 229 s 13; 1997 c 66 s 8; prior: 1996 c 307 s 6; 1996 c 287 s 7; 1996 c 93 s 3; 1996 c 87 s 21; 1996 c 31 s 3; prior: 1995 1st sp.s. c 16 s 1; 1995 c 332 s 16; 1995 c 256 s 25; prior: 1994 c 275 s 33; 1994 c 141 s 2; 1993 c 501 s 8; 1992 c 32 s 4; 1991 c 339 s 27; prior: 1990 c 250 s 59; 1990 c 95 s 3; prior: 1989 c 353 s 8; 1989 c 178 s 27; 1989 c 111 s 20; prior: 1987 c 388 s 11; 1987 c 247 s 6; 1987 c 244 s 55; 1987 c 181 s 2; 1986 c 186 s 3; prior: 1985 c 377 s 28; 1985 c 353 s 2; 1985 c 302 s 7; 1983 c 164 s 6; 1982 c 10 s 12; prior: 1981 c 318 s 2; 1981 c 19 s 1; 1980 c 148 s 7; 1979 ex.s. c 136 s 2. ]
NOTES:
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Application of consumer protection act—2016 c 213: See note following RCW 46.37.640.
Finding—Intent—Effective date—2014 c 124: See notes following RCW 46.19.010.
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Effective date—2010 c 252: See note following RCW 46.61.212.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2010 c 8 s 9077: "Section 9077 of this act takes effect July 1, 2010." [ 2010 c 8 s 20001.]
Effective date—2009 c 485: See note following RCW 46.35.010.
Effective date—2008 c 282: See note following RCW 46.20.308.
Declaration and intent—Effective date—Application—2005 c 323: See notes following RCW 46.16A.030.
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect September 1, 1995." [ 1995 1st sp.s. c 16 s 2.]
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective date—1994 c 141: See note following RCW 46.61.527.
Effective date—1989 c 353: See RCW 46.30.901.
Effective dates—1989 c 178: See RCW 46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Effective date—1985 c 377: See RCW 46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 19 s 7.]
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) A law enforcement officer has the authority to issue a notice of traffic infraction:
(a) When the infraction is committed in the officer's presence, except as provided in RCW 46.09.485;
(b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;
(c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;
(d) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.220 through 46.63.260. A trained and authorized civilian employee of a general authority Washington law enforcement agency, as defined in RCW 10.93.020, or an employee of a local public works or transportation department performing under the supervision of a qualified traffic engineer and as designated by a city or county, has the authority to review infractions detected through the use of an automated traffic safety camera under RCW 46.63.220 through 46.63.260 and to issue notices of infraction consistent with RCW 46.63.220(9). These employees must be sufficiently trained and certified in reviewing infractions and issuing notices of infraction by qualified peace officers or by traffic engineers employed in the jurisdiction's public works or transportation department. Nothing in this subsection impairs decision and effects collective bargaining rights under chapter 41.56 RCW;
(e) When the infraction is detected through the use of an automated school bus safety camera under RCW 46.63.180. A trained and authorized civilian employee of a general authority Washington law enforcement agency, as defined in RCW 10.93.020, or an employee of a local public works or transportation department performing under the supervision of a qualified traffic engineer and as designated by a city or county, has the authority to review infractions detected through the use of an automated school bus safety camera under RCW 46.63.180 and to issue notices of infraction consistent with RCW 46.63.180(1)(b). These employees must be sufficiently trained and certified in reviewing infractions and issuing notices of infraction by qualified peace officers or by traffic engineers employed in the jurisdiction's public works or transportation department. Nothing in this subsection impairs decision and effects collective bargaining rights under chapter 41.56 RCW; or
(f) When the infraction is detected through the use of a speed safety camera system under RCW 46.63.200.
(2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105. The notice must be entitled "Littering—Abandoned Vehicle" and give notice of the monetary penalty. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.
[ 2024 c 307 s 8; 2023 c 17 s 1; 2013 2nd sp.s. c 23 s 23; 2011 c 375 s 5; 2011 c 375 s 4; 2010 c 249 s 5; 2007 c 101 s 1; 2005 c 167 s 2; 2004 c 231 s 2; 2002 c 279 s 14; 1995 c 219 s 5; 1994 c 176 s 3; 1987 c 66 s 2; 1980 c 128 s 10; 1979 ex.s. c 136 s 3. ]
NOTES:
Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.
Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09.310.
Contingent effective date—2011 c 375 ss 5, 7, and 9: "Sections 5, 7, and 9 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 5, 7, and 9 of this act are null and void." [ 2011 c 375 s 10.] A notice of certification was filed with the code reviser on December 2, 2011, becoming effective December 3, 2011 (see WSR 11-24-042).
Intent—2011 c 375: See note following RCW 46.63.180.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.
(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.
(4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.
(5) Any district or municipal court may refer juveniles age sixteen or seventeen who are enrolled in school to a youth court, as defined in RCW 3.72.005 or 13.40.020, for traffic infractions.
(6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560.
[ 2002 c 237 s 20; 1984 c 258 s 137; 1983 c 221 s 2; 1979 ex.s. c 136 s 6. ]
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
All judges and court commissioners adjudicating traffic infractions shall complete such training requirements as are promulgated by the supreme court.
[ 1979 ex.s. c 136 s 7. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:
(a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration;
(c) A statement of the specific traffic infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the traffic infraction;
(e)(i) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(ii) One of the options must allow a person to admit responsibility for the infraction and attest that the person does not have the current ability to pay the infraction in full. The person must receive information on how to submit evidence of inability to pay, obtain a payment plan pursuant to RCW 46.63.190, and be informed that failure to pay or enter into a payment plan may result in collection action, including garnishment of wages or other assets;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; and
(h) A statement that the person must respond to the notice as provided in this chapter within 30 days or the person's driver's license or driving privilege may be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and
(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied.
[ 2021 c 240 s 1; 2013 c 170 s 1; 2011 c 233 s 1; 2006 c 270 s 2; 1993 c 501 s 9; 1984 c 224 s 2; 1982 1st ex.s. c 14 s 2; 1980 c 128 s 1; 1979 ex.s. c 136 s 8. ]
NOTES:
Effective date—2021 c 240: "This act takes effect January 1, 2023." [ 2021 c 240 s 16.]
Severability—Effective date—1984 c 224: See notes following RCW 46.16A.120.
Effective date—1982 1st ex.s. c 14: "This act shall take effect on July 1, 1984, and shall apply to violations of traffic laws committed on or after July 1, 1984." [ 1982 1st ex.s. c 14 s 7.]
Severability—1982 1st ex.s. c 14: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 1st ex.s. c 14 s 6.]
Effective date—1980 c 128: "Sections 1 through 8 and 10 through 16 of this act shall take effect on January 1, 1981, and shall apply to violations of the traffic laws committed on or after January 1, 1981. Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [ 1980 c 128 s 18.]
Severability—1980 c 128: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1980 c 128 s 17.]
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within 30 days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response, unless the person selects the option attesting that the person does not have the current ability to pay the infraction in full. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
(5)(a) Except as provided in (b), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.
(d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.
[ 2021 c 240 s 2; 2011 c 372 s 3; 2006 c 327 s 7; 2004 c 187 s 10; 2000 c 110 s 1; 1993 c 501 s 10; 1984 c 224 s 3; 1982 1st ex.s. c 14 s 3; 1980 c 128 s 2; 1979 ex.s. c 136 s 9. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
Application—Effective date—2011 c 372: See notes following RCW 46.61.526.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: See note following RCW 46.20.308.
Severability—Effective date—1984 c 224: See notes following RCW 46.16A.120.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) In the event a traffic infraction is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft.
Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. If appropriate under the circumstances, a renter identified under (a) of this subsection is responsible for an infraction. For the purpose of this subsection, a "traffic infraction based on a vehicle's identification" includes, but is not limited to, parking infractions, high occupancy toll lane violations, and violations recorded by automated traffic safety cameras.
(2) In the event a parking infraction is issued by a private parking facility and is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the parking facility shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the parking facility by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft.
Timely mailing of this statement to the parking facility relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. For the purpose of this subsection, a "parking infraction based on a vehicle's identification" is limited to parking infractions occurring on a private parking facility's premises.
[ 2015 c 189 s 2; 2007 c 372 s 1; 2005 c 331 s 2. ]
(1) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under RCW 46.63.220 through 46.63.260, detected through the use of a speed safety camera system under RCW 46.63.200, or detected through the use of an automated school bus safety camera under RCW 46.63.180, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.220 through 46.63.260 or RCW 46.63.200 and 46.63.180, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.
[ 2024 c 307 s 10; 2023 c 17 s 2; 2012 c 83 s 6; 2011 c 375 s 7; 2011 c 375 s 6; 2010 c 249 s 7; 2005 c 167 s 3; 2004 c 231 s 3. ]
NOTES:
Contingent effective date—2011 c 375 ss 5, 7, and 9: See note following RCW 46.63.030.
Intent—2011 c 375: See note following RCW 46.63.180.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
(1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the state, county, city, or town may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary.
[ 1981 c 19 s 2; 1979 ex.s. c 136 s 10. ]
NOTES:
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
(2) The court may consider the notice of traffic infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.
(3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.
(5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.
[ 1980 c 128 s 3; 1979 ex.s. c 136 s 11. ]
NOTES:
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.
(3) There may be no appeal from the court's determination or order.
[ 1979 ex.s. c 136 s 12. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or agree not to file an infraction in exchange for a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit:
(1) Contribution, donation, or payment to any specific fund authorized by state statute;
(2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or
(3) Dismissal following payment that is authorized by any other statute.
[ 2007 c 367 s 2. ]
(1)(a) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed $250 for each offense unless authorized by this chapter or title.
(b) The court may waive or remit any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction unless the specific monetary obligation in question is prohibited from being waived or remitted by state law.
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is $250 for each offense; (b) RCW 46.61.210(1) is $500 for each offense. No penalty assessed under this subsection (2) may be reduced.
(3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
(4) There shall be a penalty of $25 for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed $25 for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines that a person is not able to pay a monetary obligation in full, the court shall enter into a payment plan with the person in accordance with RCW 46.63.190 and standards that may be set out in court rule.
(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
(a) A fee of $5 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
(b) A fee of $10 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the general fund; and
(c) A fee of $10 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060.
(8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 or 46.61.212 shall be assessed an additional penalty of $24. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
(b) $12.50 of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as follows: $8.50 in the state general fund and $4 in the driver licensing technology support account created under RCW 46.68.067. The moneys deposited into the driver licensing technology support account must be used to support information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
(9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the person may request a payment plan pursuant to RCW 46.63.190.
(10) The monetary penalty for violating RCW 46.37.395 is: (a) $250 for the first violation; (b) $500 for the second violation; and (c) $750 for each violation thereafter.
(11) The additional monetary penalty for a violation of RCW 46.20.500 is not subject to assessments or fees provided under this section.
(12) The additional monetary fine for a violation of RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205 is not subject to assessments or fees provided under this section.
(13) The additional monetary penalties for a violation of RCW 46.61.165 are not subject to assessments or fees provided under this section.
(14) The monetary penalty for a violation of RCW 46.63.200 is not subject to assessments or fees provided under this section.
[ 2025 c 364 s 2; 2024 c 308 s 3; 2023 c 388 s 2; 2021 c 240 s 3. Prior: 2019 c 467 s 4; 2019 c 403 s 13; 2019 c 181 s 1; 2019 c 65 s 7; 2012 c 82 s 1; 2010 c 252 s 5; 2009 c 479 s 39; prior: 2007 c 356 s 8; 2007 c 199 s 28; prior: 2005 c 413 s 2; 2005 c 320 s 2; 2005 c 288 s 8; 2003 c 380 s 2; prior: 2002 c 279 s 15; 2002 c 175 s 36; 2001 c 289 s 2; 1997 c 331 s 3; 1993 c 501 s 11; 1986 c 213 s 2; 1984 c 258 s 330; prior: 1982 1st ex.s. c 14 s 4; 1982 1st ex.s. c 12 s 1; 1982 c 10 s 13; prior: 1981 c 330 s 7; 1981 c 19 s 6; 1980 c 128 s 4; 1979 ex.s. c 136 s 13. ]
NOTES:
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Finding—2025 c 364: "The legislature finds that individuals living with traumatic brain injuries face significant barriers to accessing necessary support services, community integration programs, and peer-led recovery opportunities. The legislature acknowledges that traumatic brain injuries can lead to long-term cognitive, emotional, and physical challenges, often resulting in social isolation, difficulty in maintaining employment, and limited access to rehabilitation services. Additionally, family members and caregivers of individuals with a traumatic brain injury require ongoing support and guidance to navigate the complexities of available resources. Recent trends indicate that allocations have disproportionately favored virtual education and state-affiliated programs, leaving direct peer-to-peer groups and community-based support underfunded. The disappearance of many in-person support groups, due to financial constraints, has severely limited opportunities for individuals with a traumatic brain injury to connect, build essential life skills, and engage in meaningful recovery-focused activities.
The legislature recognizes the urgent need to rebalance funding priorities to ensure that in-person support groups and community integration programs are adequately supported." [ 2025 c 364 s 1.]
Findings—Intent—2023 c 388: "The Washington auto theft prevention authority account was created in 2007 to provide dedicated funding from traffic infraction collections to support programs designed to prevent and prosecute motor vehicle theft. The legislature finds that over the years, funding from the account has been diverted to other nonauto theft uses such as department of corrections' operations and youth gang prevention programs. The legislature further finds that revenues from traffic infractions have decreased as more drivers access diversion and deferral programs designed to assist people with retaining their licenses. Fund diversions and decreasing traffic infraction revenue threaten the viability of motor vehicle theft prevention programs at a time when the number of motor vehicle thefts have increased 88 percent between the year 2021 and 2022. In order to provide more secure funding to combat and prevent motor vehicle theft, the legislature intends each fiscal year to deposit into the Washington auto theft prevention authority account $7,000,000 of insurance premium tax collections that would otherwise be deposited to the general fund and to have this deposit grow by inflation. The legislature further intends for moneys collected from the traffic infraction surcharge in RCW 46.63.110(7)(b) to be deposited into the state general fund." [ 2023 c 388 s 1.]
Effective date—2023 c 388: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2023." [ 2023 c 388 s 5.]
Effective date—2021 c 240: See note following RCW 46.63.060.
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Effective date—Contingency—2012 c 82: "Except for section 4 of this act, this act takes effect June 1, 2013. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the transportation appropriations act, this act is null and void." [ 2012 c 82 s 6.] Funding was provided in the transportation appropriations act (section 208(15), chapter 86, Laws of 2012).
Effective date—2010 c 252: See note following RCW 46.61.212.
Effective date—2009 c 479: See note following RCW 2.56.030.
Short title—2007 c 356: See note following RCW 74.31.005.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2005 c 288: See note following RCW 46.20.245.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Additional statutory assessments: RCW 3.62.090, 46.64.055.
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.
[ 2002 c 175 s 37; 1979 ex.s. c 136 s 14. ]
NOTES:
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Notwithstanding any other provisions of law governing service of process in civil cases, a court of limited jurisdiction having jurisdiction over an alleged traffic infraction may issue process anywhere within the state.
[ 1980 c 128 s 5. ]
NOTES:
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
(1) In any traffic infraction case involving a violation of this title or equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of traffic infraction was stopping, standing, or parking in violation of any such provision of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.
(2) The foregoing stated presumption shall apply only when the procedure prescribed in RCW 46.63.030(3) has been followed.
[ 1980 c 128 s 11. ]
NOTES:
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Each party to a traffic infraction case is responsible for costs incurred by that party. No costs or attorney fees may be awarded to either party in a traffic infraction case, except as provided for in RCW 46.30.020(2).
[ 1991 sp.s. c 25 s 3; 1981 c 19 s 4. ]
NOTES:
Severability—1981 c 19: See note following RCW 46.63.020.
(1) This section applies only to civil penalties for nonpayment of tolls detected through use of photo toll systems.
(2) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
(3) A notice of civil penalty may be issued by the department of transportation when a toll is assessed through use of a photo toll system and the toll is not paid by the toll payment due date, which is 80 days from the date the vehicle uses the toll facility and incurs the toll charge.
(4) Any registered owner or renter of a vehicle traveling upon a toll facility operated under chapter 47.56 or 47.46 RCW is subject to a civil penalty governed by the administrative procedures set forth in this section when the vehicle incurs a toll charge and the toll is not paid by the toll payment due date, which is 80 days from the date the vehicle uses the toll facility and incurs the toll charge.
(5)(a) The department shall develop rules to allow an individual who has been issued a notice of civil penalty to present evidence of mitigating circumstances as to why a toll bill was not timely paid. If an individual is able to present verifiable evidence to the department that a civil penalty was incurred due to hospitalization, military deployment, eviction, homelessness, death of the alleged violator or of an alleged violator's immediate family member, failure to receive the toll bill due to an incorrect email or physical address that has since been corrected, a prepaid electronic toll account error that has since been corrected, an error made by the department or an agent of the department, or other mitigating circumstances as determined by the department, the department may dismiss or reduce the civil penalty and associated fees.
(b)(i) Consistent with chapter 34.05 RCW, the department of transportation shall develop an administrative adjudication process to review appeals of civil penalties issued by the department of transportation for toll nonpayment detected through the use of a photo toll system under this section. The department of transportation shall submit to the transportation committees of the legislature an annual report on the number of times adjudicators reduce or dismiss the civil penalty as provided in (b)(ii) of this subsection and the total amount of the civil penalties dismissed. The report must be submitted by December 1st of each year.
(ii) During the adjudication process, the alleged violator must have an opportunity to explain mitigating circumstances as to why the toll bill was not timely paid. Hospitalization, a divorce decree or legal separation agreement resulting in a transfer of the vehicle, an active duty member of the military or national guard covered by the federal service members civil relief act, 50 U.S.C. Sec. 501 et seq., or state service members' civil relief act, chapter 38.42 RCW, eviction, homelessness, the death of the alleged violator or of an immediate family member, being switched to a different method of toll payment, if the alleged violator did not receive a toll charge bill or notice of civil penalty, or other mitigating circumstances as determined by the adjudicator are deemed valid mitigating circumstances. All of the reasons that constitute mitigating circumstances must have occurred within a reasonable time of the alleged toll violation. In response to these circumstances, the adjudicator may reduce or dismiss the civil penalty and associated administrative fees.
(6) The use of a photo toll system is subject to the following requirements:
(a) Photo toll systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only.
(b) A notice of civil penalty must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo toll system, stating the facts supporting the notice of civil penalty. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding established under subsection (5) of this section. The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the toll nonpayment civil penalty must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the civil penalty.
(c)(i) By June 30, 2016, prior to issuing a notice of civil penalty to a registered owner of a vehicle listed on an active prepaid electronic toll account, the department of transportation must:
(A) Send an email notice to the email address provided in the prepaid electronic toll account of unpaid pay-by-mail toll bills at least 10 days prior to a notice of civil penalty being issued for the associated pay-by-mail toll. The notice must be separate from any regular notice sent by the department; and
(B) Call the phone numbers provided in the account to provide notice of unpaid pay-by-mail toll bills at least 10 days prior to a notice of civil penalty being issued for the associated pay-by-mail toll.
(ii) The department is relieved of its obligation to provide notice as required by this section if the customer has declined to receive communications from the department through such methods.
(d) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, other recorded images, or other records identifying a specific instance of travel prepared under this section are for the exclusive use of the tolling agency for toll collection and enforcement purposes and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a civil penalty under this section. No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under this section. Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies.
(e) All locations where a photo toll system is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where tolls are assessed and enforced by a photo toll system.
(f) Within existing resources, the department of transportation shall conduct education and outreach efforts at least six months prior to activating an all-electronic photo toll system. Methods of outreach shall include a department presence at community meetings in the vicinity of a toll facility, signage, and information published in local media. Information provided shall include notice of when all electronic photo tolling shall begin and methods of payment. Additionally, the department shall provide quarterly reporting on education and outreach efforts and other data related to the issuance of civil penalties.
(g) The envelope or electronic message containing a toll charge bill or related notice issued pursuant to RCW 47.46.105 or 47.56.795, or a notice of civil penalty issued under this section, must prominently indicate that the contents are time sensitive and related to a toll violation.
(7) Civil penalties for toll nonpayment detected through the use of photo toll systems must be issued to the registered owner of the vehicle identified by the photo toll system, but are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120.
(8) The civil penalty for toll nonpayment detected through the use of a photo toll system is $40 plus the photo toll and associated fees.
(9) Except as provided otherwise in this subsection, all civil penalties, including the photo toll and associated fees, collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed. However, through June 30, 2013, civil penalties deposited into the Tacoma Narrows toll bridge account created under RCW 47.56.165 that are in excess of amounts necessary to support the toll adjudication process applicable to toll collection on the Tacoma Narrows bridge must first be allocated toward repayment of operating loans and reserve payments provided to the account from the motor vehicle fund under section 1005(15), chapter 518, Laws of 2007. Additionally, all civil penalties, resulting from nonpayment of tolls on the state route number 520 corridor, shall be deposited into the state route number 520 civil penalties account created under section 4, chapter 248, Laws of 2010 but only if chapter 248, Laws of 2010 is enacted by June 30, 2010.
(10) If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a toll bill is issued, provide a written notice to the rental car business that a toll bill may be issued to the rental car business if the rental car business does not, within 30 days of the mailing of the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the toll was assessed; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the toll was assessed because the vehicle was stolen at the time the toll was assessed. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing agency relieves a rental car business of any liability under this section for the payment of the toll.
(11) It is the intent of the legislature that the department provide an educational opportunity when vehicle owners incur fees and penalties associated with late payment of tolls for the first time. As part of this educational opportunity, the department may waive penalties and fees if the issue that resulted in the toll not being timely paid has been resolved and the vehicle owner establishes an electronic toll account, if practicable. To aid in collecting tolls in a timely manner, the department may waive or reduce the outstanding amounts of fees and penalties assessed when tolls are not timely paid.
(12)(a) By June 30, 2016, the department of transportation must update its website, and accommodate access to the website from mobile platforms, to allow toll customers to efficiently manage all their tolling accounts, regardless of method of payment.
(b)(i) By June 30, 2016, the department of transportation must make available to the public a point of access that allows a third party to develop an application for mobile technologies that (A) securely accesses a user's toll account information and (B) allows the user to manage his or her toll account to the same extent possible through the department's website.
(ii) If the department determines that it would be cost-effective and in the best interests of the citizens of Washington, it may also develop an application for mobile technologies that allows toll customers to manage all of their tolling accounts from a mobile platform.
(13) When acquiring a new photo toll system, the department of transportation must enable the new system to:
(a) Connect with the department of licensing's vehicle record system so that a prepaid electronic toll account can be updated automatically when a toll customer's vehicle record is updated, if the customer has consented to such updates; and
(b) Document when any toll is assessed for a vehicle listed in a prepaid electronic toll account in the monthly statement that is made available to the electronic toll account holder regardless of whether the method of payment for the toll is via pay-by-mail or prepaid electronic toll account.
(14) Consistent with chapter 34.05 RCW, the department of transportation shall develop rules to implement this section.
(15) For the purposes of this section:
(a) "Photo toll system" means the system defined in RCW 47.56.010 and 47.46.020.
(b) "Prepaid electronic toll account" means a prepaid toll account linked to a pass or license plate number, including "Good to Go!".
(16) If a customer's toll charge or civil penalty is waived pursuant to this section due to an error made by the department, or an agent of the department, in reading the customer's license plate, the secretary of transportation must send a letter to the customer apologizing for the error.
[ 2026 c 255 s 1001; 2015 c 292 s 1; 2013 c 226 s 1; 2011 c 367 s 705; 2010 c 249 s 6; (2010 c 161 s 1126 repealed by 2012 c 83 s 8); 2009 c 272 s 1. Prior: 2007 c 372 s 2; 2007 c 101 s 2; 2004 c 231 s 6. ]
NOTES:
Intent—2026 c 255: See note following RCW 82.08.020.
Contingent effective date—2011 c 367 ss 705 and 722: "Sections 705 and 722 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 705 and 722 of this act are null and void." [ 2011 c 367 s 1104.] A notice of certification was filed with the code reviser on December 2, 2011, becoming effective December 3, 2011 (see WSR 11-24-042).
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Report to legislature—2009 c 272: "The department shall report to the transportation committees of the legislature by December 1, 2009, with recommendations regarding implementing a time period for the payment of tolls after crossing the Tacoma Narrows bridge in which individuals without a transponder could pay the toll due prior to the issuance of an infraction." [ 2009 c 272 s 2.]
(1) School districts may install and operate automated school bus safety cameras on school buses to be used for the detection of violations of RCW 46.61.370(1) if the use of the cameras is approved by a vote of the school district board of directors. School districts are not required to take school buses out of service if the buses are not equipped with automated school bus safety cameras or functional automated safety cameras. Further, school districts shall be held harmless from and not liable for any criminal or civil liability arising under the provisions of this section.
(a) Automated school bus safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.
(b) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (2)(a)(i) of this section. The notice of infraction must also include a certificate or facsimile of the notice, based upon inspection of photographs, microphotographs, or electronic images produced by an automated school bus safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated school bus safety camera may respond to the notice by mail.
(c) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (2) of this section. If appropriate under the circumstances, a renter identified under subsection (2)(a)(i) of this section is responsible for an infraction.
(d) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(e), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.
(e) If a school district installs and operates an automated school bus safety camera under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. Further, any repair, replacement, or administrative work costs related to installing or repairing automated school bus safety cameras must be solely paid for by the manufacturer or vendor of the cameras. Before entering into a contract with the manufacturer or vendor of the equipment used under this subsection (1)(e), the school district must follow the competitive bid process as outlined in RCW 28A.335.190(1).
(f) Any revenue collected from infractions detected through the use of automated school bus safety cameras, less the administration and operating costs of the cameras, must be remitted to school districts for school zone safety projects as determined by the school district using the automated school bus safety cameras. The administration and operating costs of the cameras includes infraction enforcement and processing costs that are incurred by local law enforcement or local courts. During the 2013-2015 fiscal biennium, the infraction revenue may also be used for school bus safety projects by those school districts eligible to apply for funding from the school zone safety account appropriation in section 201, chapter 306, Laws of 2013.
(2)(a) If the registered owner of the vehicle is a rental car business, the issuing agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
(i) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;
(ii) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection (2)(a)(ii) must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(iii) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
(b) Timely mailing of a statement under this subsection to the issuing agency relieves a rental car business of any liability under this chapter for the notice of infraction.
(3) For purposes of this section, "automated school bus safety camera" means a device that is affixed to a school bus that is synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a vehicle at the time the vehicle is detected for an infraction identified in RCW 46.61.370(1).
[ 2024 c 307 s 9; 2013 c 306 s 716; 2011 c 375 s 2. ]
NOTES:
Effective date—2013 c 306: See note following RCW 47.64.170.
Intent—2011 c 375: "The legislature recognizes that the safe transportation of children to and from school is a shared responsibility of the school district and the driving public. In order to increase public awareness of their responsibility, it is the intent of the legislature that the state superintendent of public instruction coordinate with school districts and any other relevant agencies who voluntarily choose to participate in a national stop arm violation day annually between March 1st and May 15th." [ 2011 c 375 s 1.]
(1)(a) A person may request a payment plan at any time for the payment of any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction. If the person does not have the ability to pay the monetary obligation in full, the person has not previously been granted a payment plan for the same monetary obligation, and the court has not authorized its collections agency to take civil legal enforcement action, the court shall enter into a payment plan with the individual. Where the court has authorized its collections agency to take civil legal enforcement action, the court may, at its discretion, enter into a payment plan.
(b) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
(2) The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
(3) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation for civil enforcement until all monetary obligations have been paid and court authorized community restitution has been completed, or until the court has entered into a new payment plan or community restitution agreement with the person.
(4)(a) If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full, no sooner than 90 days from the date of the infraction the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation to a collections agency until all monetary obligations have been paid or until the person has entered into a payment plan under this section.
(b) If a person responded to a traffic infraction for a moving violation attesting that the person did not have the ability to pay the infraction in full, the court must attempt to enter into a payment plan with the person prior to referring the monetary obligation to a collections agency.
(5) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed $10 per infraction or $25 per payment plan, whichever is less.
(6) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
(7) The court may modify a payment plan at any time.
(8) The court may require a person who fails to make payment as required under a payment plan to appear and provide evidence of ability to pay.
(9) For the purposes of this section, "payment plan" means a plan that requires reasonable payments based on the financial ability of the person to pay as determined by court rule.
[ 2021 c 240 s 4. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
(1) This section applies to the use of speed safety camera systems in state highway work zones.
(2) Nothing in this section prohibits a law enforcement officer from issuing a notice of infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
(3)(a) The department of transportation is responsible for all actions related to the operation and administration of speed safety camera systems in state highway work zones including, but not limited to, the procurement and administration of contracts necessary for the implementation of speed safety camera systems, the mailing of notices of infraction, and the development and maintenance of a public-facing website for the purpose of educating the traveling public about the use of speed safety camera systems in state highway work zones. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the department of transportation, in consultation with the Washington state patrol, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
(b) The Washington state patrol is responsible for all actions related to the enforcement and adjudication of speed violations under this section including, but not limited to, notice of infraction verification and issuance authorization, and determining which types of emergency vehicles are exempt from being issued notices of infraction under this section. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the Washington state patrol, in consultation with the department of transportation, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
(c) When establishing rules under this subsection (3), the department of transportation and the Washington state patrol may also consult with other public and private agencies that have an interest in the use of speed safety camera systems in state highway work zones.
(4)(a) No person may drive a vehicle in a state highway work zone at a speed greater than that allowed by traffic control devices.
(b) A notice of infraction may only be issued under this section if a speed safety camera system captures a speed violation in a state highway work zone when workers are present.
(5) The penalty for a speed safety camera system violation is: (a) $125 for the first violation; and (b) $248 for the second violation, and for each violation thereafter.
(6) During the 30-day period after the first speed safety camera system is put in place, the department is required to conduct a public awareness campaign to inform the public of the use of speed safety camera systems in state highway work zones.
(7)(a) A notice of infraction issued under this section may be mailed to the registered owner of the vehicle within 30 days of the violation, or to the renter of a vehicle within 30 days of establishing the renter's name and address. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by a speed safety camera stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the violation.
(b) A notice of infraction represents a determination that an infraction has been committed, and the determination will be final unless contested as provided under this section.
(c) A person receiving a notice of infraction based on evidence detected by a speed safety camera system must, within 30 days of receiving the notice of infraction: (i) Remit payment in the amount of the penalty assessed for the violation; (ii) contest the determination that the infraction occurred by following the instructions on the notice of infraction; or (iii) admit to the infraction but request a hearing to explain mitigating circumstances surrounding the infraction.
(d) If a person fails to respond to a notice of infraction, a final order shall be entered finding that the person committed the infraction and assessing monetary penalties required under subsection (5) of this section.
(e) If a person contests the determination that the infraction occurred or requests a mitigation hearing, the notice of infraction shall be referred to the office of administrative hearings for adjudication consistent with chapter 34.05 RCW.
(f) At a hearing to contest an infraction, the agency issuing the infraction has the burden of proving, by a preponderance of the evidence, that the infraction was committed.
(g) A person may request a payment plan at any time for the payment of any penalty or other monetary obligation associated with an infraction under this section. The agency issuing the infraction shall provide information about how to submit evidence of inability to pay, how to obtain a payment plan, and that failure to pay or enter into a payment plan may result in collection action or nonrenewal of the vehicle registration. The office of administrative hearings may authorize a payment plan if it determines that a person is not able to pay the monetary obligation, and it may modify a payment plan at any time.
(8)(a) Speed safety camera systems may only take photographs, microphotographs, or electronic images of the vehicle and vehicle license plate and only while a speed violation is occurring. The photograph, microphotograph, or electronic image must not reveal the face of the driver or any passengers in the vehicle. The department of transportation shall consider installing speed safety camera systems in a manner that minimizes the impact of camera flash on drivers.
(b) The registered owner of a vehicle is responsible for a traffic infraction under RCW 46.63.030 unless the registered owner overcomes the presumption in RCW 46.63.075 or, in the case of a rental car business, satisfies the conditions under (f) of this subsection. If appropriate under the circumstances, a renter identified under (f)(i) of this subsection is responsible for the traffic infraction.
(c) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of the Washington state patrol and department of transportation in the discharge of duties under this section and are not open to the public and may not be used in court in a pending action or proceeding unless the action or proceeding relates to a speed violation under this section. This data may be used in administrative appeal proceedings relative to a violation under this section.
(d) All locations where speed safety camera systems are used must be clearly marked before activation of the camera system by placing signs in locations that clearly indicate to a driver that they are entering a state highway work zone where posted speed limits are monitored by a speed safety camera system. Additionally, where feasible and constructive, radar speed feedback signs will be placed in advance of the speed safety camera system to assist drivers in complying with posted speed limits. Signs placed in these locations must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW.
(e) Imposition of a penalty for a speed violation detected through the use of speed safety camera systems shall not be deemed a conviction as defined in RCW 46.25.010, and shall not be part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of speed safety camera systems under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 46.16A.120 and 46.20.270(2).
(f) If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a notice of infraction may be issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 30 days of receiving the written notice, provide to the issuing agency by return mail:
(i)(A) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the speed violation occurred;
(B) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the speed violation occurred because the vehicle was stolen at the time of the violation. A statement provided under this subsection (8)(f)(i)(B) must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(C) In lieu of identifying the vehicle operator, payment of the applicable penalty.
(ii) Timely mailing of a statement to the department of transportation relieves a rental car business of any liability under this chapter for the notice of infraction.
(9) Revenue generated from the deployment of speed safety camera systems must be deposited into the highway safety fund and first used exclusively for the operating and administrative costs under this section. The operation of speed safety camera systems is intended to increase safety in state highway work zones by changing driver behavior. Any revenue generated that exceeds the operating and administrative costs under this section must be transferred to the driver education safety improvement account created in RCW 46.68.540 as designated in the omnibus transportation appropriations act.
(10) The Washington state patrol and department of transportation, in collaboration with the Washington traffic safety commission, must report to the transportation committees of the legislature by July 1, 2025, and biennially thereafter, on the data and efficacy of speed safety camera system use in state highway work zones. The final report due on July 1, 2029, must include a recommendation on whether or not to continue such speed safety camera system use beyond June 30, 2030.
(11) For the purposes of this section:
(a) "Speed safety camera system" means employing the use of speed measuring devices and cameras synchronized to automatically record one or more sequenced photographs, microphotographs, or other electronic images of a motor vehicle that exceeds a posted state highway work zone speed limit as detected by the speed measuring devices.
(b) "State highway work zone" means an area of any highway with construction, maintenance, utility work, or incident response activities authorized by the department of transportation. A state highway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. It extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle.
(12) This section expires June 30, 2030.
[ 2025 c 417 s 304; 2025 c 299 s 19; 2024 c 308 s 4; 2023 c 17 s 3. ]
NOTES:
Reviser's note: This section was amended by 2025 c 299 s 19 and by 2025 c 417 s 304, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 417 ss 304 and 1201-1224: "Sections 304 and 1201 through 1224 of this act take effect July 1, 2026." [ 2025 c 417 s 1409.]
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
The definitions in this section apply throughout this section and RCW 46.63.220 through 46.63.260 unless the context clearly requires otherwise.
(1) "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the front or rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. "Automated traffic safety camera" also includes a device used to detect stopping at intersection or crosswalk violations; stopping when traffic obstructed violations; public transportation only lane violations; stopping or traveling in restricted lane violations; and public transportation bus stop zone violations and public transportation only lane violations detected by a public transportation vehicle-mounted system.
(2) "Crash prevention zone" means an area created and designated under RCW 46.61.090.
(3) "Hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of the hospital property (a) consistent with hospital use; and (b) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020.
(4) "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of the public park property (a) consistent with active park use; and (b) where signs are posted to indicate the location is within a public park speed zone.
(5) "Public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes. "Transit authority" has the same meaning as provided in RCW 9.91.025.
(6) "Roadway work zone" means an area of any city roadway, including state highways that are also classified as city streets under chapter 47.24 RCW, or county road as defined in RCW 46.04.150, with construction, maintenance, or utility work with a duration of 30 calendar days or more. A roadway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. A roadway work zone extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle.
(7) "School speed zone" has the same meaning as described in RCW 46.61.440 (1) and (2).
(8) "School walk zone" means a roadway identified under RCW 28A.160.160 or roadways within a one-mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation.
[ 2026 c 123 s 4; 2025 c 417 s 905; 2024 c 307 s 1. ]
NOTES:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
(1) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
(2) Any city or county may authorize the use of automated traffic safety cameras and must adopt an ordinance authorizing such use through its local legislative authority.
(3) The local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located before adding traffic safety cameras to a new location or relocating any existing camera to a new location within the jurisdiction. The analysis must include equity considerations including the impact of the camera placement on livability, accessibility, economics, education, and environmental health when identifying where to locate an automated traffic safety camera. The analysis must also show a demonstrated need for traffic cameras based on one or more of the following in the vicinity of the proposed camera location: Travel by vulnerable road users, evidence of vehicles speeding, rates of collision, reports showing near collisions, and anticipated or actual ineffectiveness or infeasibility of other mitigation measures.
(4) Automated traffic safety cameras may not be used on an on-ramp to a limited access facility as defined in RCW 47.52.010.
(5) A city may use automated traffic safety cameras to enforce traffic ordinances in this section on state highways that are also classified as city streets under chapter 47.24 RCW. A city government must notify the department of transportation when it installs an automated traffic safety camera to enforce traffic ordinances as authorized in this subsection.
(6)(a) At a minimum, a local ordinance adopted pursuant to this section must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties must also post such restrictions and other automated traffic safety camera policies on the city's or county's website. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to adopt an authorizing ordinance.
(b)(i) Cities and counties using automated traffic safety cameras must post an annual report on the city's or county's website of the number of traffic crashes that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera. Beginning January 1, 2026, the annual report must include the percentage of revenues received from fines issued from automated traffic safety camera infractions that were used to pay for the costs of the automated traffic safety camera program and must describe the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program by the city or county.
(ii) The Washington traffic safety commission must provide an annual report to the transportation committees of the legislature, and post the report to its website for public access, beginning July 1, 2026, that includes aggregated information on the use of automated traffic safety cameras in the state that includes an assessment of the impact of their use, information required in city and county annual reports under (b)(i) of this subsection, and information on the number of automated traffic safety cameras in use by type and location, with an analysis of camera placement in the context of area demographics and household incomes. To the extent practicable, the commission must also provide in its annual report the number of traffic accidents, speeding violations, single vehicle accidents, pedestrian accidents, and driving under the influence violations that occurred at each location where an automated traffic safety camera is located in the five years before each camera's authorization and after each camera's authorization. Cities and counties using automated traffic safety cameras must provide the commission with the data it requests for the report required under this subsection in a form and manner specified by the commission.
(7) All locations where an automated traffic safety camera is used on roadways or intersections must be clearly marked by placing signs at least 30 days prior to activation of the camera in locations that clearly indicate to a driver either that: (a) The driver is within an area where automated traffic safety cameras are authorized; or (b) the driver is entering an area where violations are enforced by an automated traffic safety camera. The signs must be readily visible to a driver approaching an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. All public transportation vehicles utilizing a vehicle-mounted system must post a sign on the rear of the vehicle indicating to drivers that the vehicle is equipped with an automated traffic safety camera to enforce bus stop zone violations and public transportation only lane violations.
(8) Automated traffic safety cameras may only record images of the vehicle and vehicle license plate and only while an infraction is occurring. The image must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to record images of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties must consider installing automated traffic safety cameras in a manner that minimizes the impact of camera flash on drivers.
(9) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (17) of this section. The notice of infraction must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.
(10) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (17) of this section. If appropriate under the circumstances, a renter identified under subsection (17)(a) of this section is responsible for an infraction.
(11) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(d), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image, or any other personally identifying data may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. Transit authorities must provide to the appropriate local jurisdiction that has authorized traffic safety camera use under RCW 46.63.260(3) any images or evidence collected establishing that a violation of stopping, standing, or parking in a bus stop zone or traveling, stopping, standing, or parking in a public transportation only lane has occurred for infraction processing purposes consistent with this section.
(12) If a county or city has established an automated traffic safety camera program as authorized under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. If the contract between the city or county and manufacturer or vendor of the equipment does not provide for performance or quality control measures regarding camera images, the city or county must perform a performance audit of the manufacturer or vendor of the equipment every three years to review and ensure that images produced from automated traffic safety cameras are sufficient for evidentiary purposes as described in subsection (9) of this section.
(13)(a) Except as provided in (d) and (e) of this subsection, a county or a city may only use revenue generated by an automated traffic safety camera program as authorized under this section for:
(i) Traffic safety activities related to construction and preservation projects and maintenance and operations purposes including, but not limited to, projects designed to implement the complete streets approach as defined in RCW 47.04.010, changes in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users, including improvements to access and safety for road users with mobility, sight, or other disabilities; and
(ii) The cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions.
(b) Except as provided in (d) of this subsection:
(i) The automated traffic safety camera program revenue used by a county or city with a population of 10,000 or more for purposes described in (a)(i) of this subsection must include the use of revenue in census tracts of the city or county that have household incomes in the lowest quartile determined by the most currently available census data and areas that experience rates of injury crashes that are above average for the city or county. Funding contributed from traffic safety program revenue must be, at a minimum, proportionate to the share of the population of the county or city who are residents of these low-income communities and communities experiencing high injury crash rates. This share must be directed to investments that provide direct and meaningful traffic safety benefits to these communities. Revenue used to administer, install, operate, and maintain automated traffic safety cameras, including the cost of processing infractions, are excluded from determination of the proportionate share of revenues under this subsection (13)(b); and
(ii) The automated traffic safety camera program revenue used by a city or county with a population under 10,000 for traffic safety activities under (a)(i) of this subsection must be informed by the department of health's environmental health disparities map.
(c) Except as provided in (d) of this subsection, beginning four years after an automated traffic safety camera authorized under this section is initially placed and in use after June 6, 2024, 25 percent of the noninterest money received for infractions issued by such cameras in excess of the cost to administer, install, operate, and maintain the cameras, including the cost of processing infractions, must be deposited into the Cooper Jones active transportation safety account created in RCW 46.68.480.
(d)(i)(A) Jurisdictions with an automated traffic safety camera program in effect before January 1, 2024, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 and 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection, by:
(I) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under RCW 46.63.230; and
(II) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under RCW 46.63.250(2)(c).
(B)(I) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under RCW 46.63.230, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under RCW 46.63.230, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection.
(II) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) as of January 1, 2024, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under RCW 46.63.250(2)(c), may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection.
(C) For the purposes of this subsection (13)(d)(i), a location is:
(I) An intersection for automated traffic safety cameras authorized under RCW 46.63.230 where cameras authorized under RCW 46.63.230 are in use; and
(II) A school speed zone for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) where cameras authorized under RCW 46.63.250(2)(c) are in use.
(ii) The revenue distribution requirements under (a) through (d)(i) of this subsection do not apply to automated traffic safety camera programs in effect before January 1, 2024, for which an ordinance in effect as of January 1, 2024, directs the manner in which revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 or 46.63.250(2)(c) must be used.
(e) Revenue generated from an automated traffic safety camera authorized under *RCW 46.63.250(1)(e) must first be used to cover the costs to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions, with any remaining revenue to be deposited into the corresponding local account created under RCW 46.61.090(4) for the purposes as described in RCW 46.61.090(4).
(14) A county or city may adopt the use of an online ability-to-pay calculator to process and grant requests for reduced fines or reduced civil penalties for automated traffic safety camera violations.
(15) Except as provided in this subsection, registered owners of vehicles who receive notices of infraction for automated traffic safety camera-enforced infractions and are recipients of public assistance under Title 74 RCW or participants in the Washington women, infants, and children program, and who request reduced penalties for infractions detected through the use of automated traffic safety camera violations, must be granted reduced penalty amounts of 50 percent of what would otherwise be assessed for a first automated traffic safety camera violation and for subsequent automated traffic safety camera violations issued within 21 days of issuance of the first automated traffic safety camera violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying criterion under this subsection. Registered owners of vehicles who receive notices of infraction must be provided with information on their eligibility and the opportunity to apply for a reduction in penalty amounts through the mail or internet.
(16) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera may not exceed $145, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period, but may be doubled for a school speed zone infraction or crash prevention zone infraction generated through the use of an automated traffic safety camera.
(17) If the registered owner of the vehicle is a rental car business, the issuing agency must, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing agency relieves a rental car business of any liability under this chapter for the notice of infraction.
[ 2026 c 123 s 5; 2025 c 417 s 906; 2024 c 307 s 2. ]
NOTES:
*Reviser's note: The reference to RCW 46.63.250(1)(e) is erroneous. RCW 46.63.250(2)(e) is apparently intended.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
(1) Automated traffic safety cameras may be used to detect stoplight violations, subject to RCW 46.63.220.
(2) Automated traffic safety cameras used to detect stoplight violations are restricted to intersections of two or more arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera.
[ 2024 c 307 s 3. ]
(1) Automated traffic safety cameras may be used to detect railroad grade crossing violations, subject to RCW 46.63.220.
(2) Automated traffic safety cameras at railroad grade crossings may be used only to detect instances when a vehicle fails to stop when facing an activated railroad grade crossing control signal.
[ 2024 c 307 s 4. ]
(1) Automated traffic safety cameras may be used to detect speed violations, subject to RCW 46.63.220.
(2) Automated traffic safety cameras may be used to detect speed violations within the following locations:
(a) Hospital speed zones;
(b) Public park speed zones;
(c) School speed zones;
(d) School walk zones;
(e) Crash prevention zones;
(f) Roadway work zones, except that a notice of infraction may only be issued if an automated traffic safety camera captures a speed violation when workers are present; and
(g) State highways within city limits that are classified as city streets under chapter 47.24 RCW.
(3) In addition to the automated traffic safety cameras that may be authorized for specified zones or roads in subsection (2) of this section, the local legislative authority may authorize the use of one additional automated traffic safety camera per 10,000 population to detect speed violations in locations deemed by the local legislative authority to experience higher crash risks due to excessive vehicle speeds. For automated traffic safety cameras authorized to detect speed violations as part of a pilot program prior to June 6, 2024, the location must be deemed by a local legislative authority to have experienced higher crash risks due to excessive vehicle speeds prior to installation of the automated traffic safety camera.
(4) Notices of infraction for automated traffic safety camera-detected speed violations may not be issued to the registered vehicle owner of:
(a) A marked fire engine equipped with emergency lights and siren; or
(b) An ambulance licensed by the department of health and equipped with emergency lights and siren.
[ 2026 c 123 s 3; 2024 c 307 s 5. ]
(1)(a) Subject to RCW 46.63.220 and as limited in this subsection, automated traffic safety cameras may be used in cities with populations of more than 500,000 residents to detect one or more of the following violations:
(i) Stopping when traffic obstructed violations;
(ii) Stopping at intersection or crosswalk violations;
(iii) Public transportation only lane violations; or
(iv) Stopping or traveling in restricted lane violations.
(b) Use of automated traffic safety cameras as authorized in this subsection (1) is restricted to the following locations only: Intersections as described in RCW 46.63.230(2); railroad grade crossings; school speed zones; school walk zones; public park speed zones; hospital speed zones; and midblock on arterials. The use of such automated traffic safety cameras is further limited to the following:
(i) The portion of state and local roadways in downtown areas of the city used for office and commercial activities, as well as retail shopping and support services, and that may include mixed residential uses;
(ii) The portion of state and local roadways in areas in the city within one-half mile north of the boundary of the area described in (b)(i) of this subsection;
(iii) Portions of roadway systems in the city that travel into and out of (b)(ii) of this subsection that are designated by the Washington state department of transportation as noninterstate freeways for up to four miles; and
(iv) Portions of roadway systems in the city connected to the portions of the noninterstate freeways identified in (b)(iii) of this subsection that are designated by the Washington state department of transportation as arterial roadways for up to one mile from the intersection of the arterial roadway and the noninterstate freeway.
(2) Subject to RCW 46.63.220, automated traffic safety cameras may also be used in cities with a bus rapid transit corridor or routes to detect public transportation only lane violations.
(3) Subject to RCW 46.63.220, automated traffic safety cameras that are part of a public transportation vehicle-mounted system may be used by a transit authority within a county with a population of more than 1,500,000 residents to detect stopping, standing, or parking in bus stop zone violations or traveling, stopping, standing, or parking in a public transportation only lane violations if authorized by the local legislative authority with jurisdiction over the transit authority.
(4) Subject to RCW 46.63.220, and in consultation with the department of transportation, automated traffic safety cameras may be used to detect ferry queue violations under RCW 46.61.735.
(5) A transit authority may not take disciplinary action regarding a warning or infraction issued pursuant to subsections (1) through (3) of this section against an employee who was operating a public transportation vehicle at the time the violation that was the basis of the warning or infraction was detected.
[ 2025 c 417 s 907; 2024 c 307 s 6. ]
NOTES:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
(1) Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of this section, or issued by an electronic device capable of producing a printed copy and electronic copies of the citations. The chief administrative officer of every such traffic enforcement agency shall be responsible for the issuance of such books or electronic devices and shall maintain a record of every such book and each citation contained therein and every such electronic device issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book and electronic device so issued.
(2) Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a printed or electronic copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau. Upon the deposit of the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, the original or copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.
(3) It shall be unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required in this section.
(4) The chief administrative officer of every traffic enforcement agency shall require the return to him or her of a printed or electronic copy of every traffic citation issued by an officer under his or her supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator. Such chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.
(5) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this section, is guilty of a misdemeanor.
(6) Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer of the government agency to which the traffic enforcement agency is responsible.
[ 2004 c 43 s 4; 2003 c 53 s 247; 1961 c 12 s 46.64.010. Prior: 1949 c 196 s 16; 1937 c 189 s 145; Rem. Supp. 1949 s 6360-145. ]
NOTES:
Effective date—2004 c 43: See note following RCW 7.80.150.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Whenever any person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of RCW 46.64.010, and in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense or violation charged, and the time and place where such person shall appear in court. Such spaces shall be filled with the appropriate information by the arresting officer. An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in his or her presence or when a person may be arrested pursuant to RCW 10.31.100, as now or hereafter amended. The detention arising from an arrest under this section may not be for a period of time longer than is reasonably necessary to issue and serve a citation and notice, except that the time limitation does not apply under any of the following circumstances:
(1) Where the arresting officer has probable cause to believe that the arrested person has committed any of the offenses enumerated in RCW 10.31.100(3);
(2) When the arrested person is a nonresident and is being detained for a hearing under RCW 46.64.035.
[ 2006 c 270 s 3; 2004 c 43 s 5; 1987 c 345 s 2; 1985 c 303 s 11; 1979 ex.s. c 28 s 2; 1975-'76 2nd ex.s. c 95 s 2; 1975 c 56 s 1; 1967 c 32 s 70; 1961 c 12 s 46.64.015. Prior: 1951 c 175 s 1. ]
NOTES:
Effective date—2004 c 43: See note following RCW 7.80.150.
Whenever any person fails to respond to a notice of traffic infraction for a moving violation, fails to appear at a hearing for a moving violation, or fails to comply with the terms of a criminal complaint or criminal citation for a moving violation, the court with jurisdiction over the traffic infraction, or traffic-related criminal complaint or criminal citation[,] shall promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant failed to appear or comply is adjudicated, the court hearing the case shall promptly file with the department a certificate showing that the case has been adjudicated.
For the purposes of this section, "moving violation" is defined by rule pursuant to RCW 46.20.2891.
[ 2021 c 240 s 12; 2017 c 336 s 11; 2016 c 203 s 4; 2012 c 82 s 5; 2006 c 270 s 4; 1999 c 86 s 7; 1979 c 158 s 175; 1967 c 32 s 71; 1965 ex.s. c 121 s 23. ]
NOTES:
Effective date—2021 c 240: See note following RCW 46.63.060.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Purpose—Construction—1965 ex.s. c 121: See note following RCW 46.20.021.
The provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern all police officers in making arrests without a warrant for violations of this title for offenses either committed in their presence or believed to have been committed based on probable cause pursuant to RCW 10.31.100, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for other like offenses.
[ 1979 ex.s. c 28 s 3; 1975 c 56 s 2; 1967 c 32 s 72; 1961 c 12 s 46.64.030. Prior: 1937 c 189 s 147; RRS s 6360-147. ]
Any nonresident of the state of Washington who is issued a notice of infraction or a citation for a traffic offense may be required to post either a bond or cash security in the amount of the infraction penalty or to post bail. The court shall by January 1, 1990, accept, in lieu of bond or cash security, valid major credit cards issued by a bank or other financial institution or automobile club card guaranteed by an insurance company licensed to conduct business in the state. If payment is made by credit card the court is authorized to impose, in addition to any penalty or fine, an amount equal to the charge to the court for accepting such cards. If the person cannot post the bond, cash security, or bail, he or she shall be taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply with this section, he or she shall be guilty of a misdemeanor. This section does not apply to residents of states that have entered into a reciprocal agreement as outlined in RCW 46.23.020.
[ 1987 c 345 s 3. ]
(1)(a) A nonresident accepts the rights and privileges conferred by law in the use of the public highways of this state, as evidenced by:
(i) Operation of a vehicle thereon; or
(ii) The operation thereon of the nonresident's vehicle with the nonresident's consent, express or implied.
(b) Acceptance under (a) of this subsection shall be deemed equivalent to and construed to be an appointment by such nonresident of the secretary of state of the state of Washington to be the nonresident's true and lawful attorney upon whom may be served all lawful summons and processes against the nonresident growing out of any accident, collision, or liability in which such nonresident may be involved while operating a vehicle upon the public highways, or while the nonresident's vehicle is being operated thereon with the nonresident's consent, express or implied.
(2) Operation and acceptance under subsection (1) of this section shall be a signification of the nonresident's agreement that any summons or process against the nonresident which is so served shall be of the same legal force and validity as if served on the nonresident personally within the state of Washington.
(3) A resident of this state appoints the secretary of state of the state of Washington as the person's lawful attorney for service of summons or process as provided in this section for nonresidents, if the resident, while operating a motor vehicle on the public highways of this state:
(a) Is involved in any accident, collision, or liability; and
(b) Thereafter at any time within the following three years cannot, after a due and diligent search, be found in this state.
(4) Service of such summons or process under subsections (1) and (3) of this section shall be made by leaving a copy for record and for each address to be served thereof with a fee established by the secretary of state by rule with the secretary of state of the state of Washington, or at the secretary of state's office.
(5) Service under subsection (4) of this section shall be sufficient and valid personal service upon said resident or nonresident provided that:
(a) Notice of such service and a copy of the summons or process is forthwith sent by registered mail with return receipt requested, by plaintiff to the defendant at the last known address of the said defendant; and
(b) The plaintiff's affidavit of compliance herewith are appended to the process, together with:
(i) The affidavit of the plaintiff or plaintiff's attorney that the plaintiff or plaintiff's attorney has with due diligence attempted to serve personal process upon the defendant at all addresses of the defendant known to the plaintiff or attorney;
(ii) A further listing in the plaintiff or plaintiff's attorney's affidavit of the addresses at which the plaintiff or attorney attempted to have process served; and
(iii) If there are no known addresses, a statement to that effect within the plaintiff's or plaintiff's attorney's affidavit.
(6) If process is forwarded by registered mail and the defendant's endorsed receipt is received and entered as a part of the return of process then the affidavit required in subsection (5) of this section need only show that the defendant received personal delivery by mail. However, personal service outside of this state in accordance with the provisions of law relating to personal service of summons outside of this state shall relieve the plaintiff from mailing a copy of the summons or process by registered mail as provided in this section.
(7) The secretary of state shall, within eight business days, send one of such copies provided under subsection (4) of this section by mail, postage prepaid, addressed to the defendant at the defendant's address, if known to the secretary of state.
(8) The court in which the action is brought may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
(9) The fee paid by the plaintiff to the secretary of state shall be taxed as part of the plaintiff's costs if the plaintiff prevails in the action.
(10) The secretary of state shall keep a record of all such summons and processes, which shall show the day of service.
[ 2025 c 40 s 3; 2003 c 223 s 1; 1993 c 269 s 16; 1982 c 35 s 197; 1973 c 91 s 1; 1971 ex.s. c 69 s 1; 1961 c 12 s 46.64.040. Prior: 1959 c 121 s 1; 1957 c 75 s 1; 1937 c 189 s 129; RRS s 6360-129. ]
NOTES:
Rules of court: Cf. CR 12(a).
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
Deposit of fees in secretary of state's revolving fund: RCW 43.07.130.
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a traffic infraction or a crime, whether individually or in connection with one or more other persons or as principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or willfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense.
[ 1990 c 250 s 60; 1961 c 12 s 46.56.210. Prior: 1937 c 189 s 149; RRS s 6360-149. Formerly RCW 46.61.695. ]
It is a traffic infraction for any person to violate any of the provisions of this title unless violation is by this title or other law of this state declared to be a felony, a gross misdemeanor, or a misdemeanor.
Unless another penalty is in this title provided, every person convicted of a misdemeanor for violation of any provisions of this title shall be punished accordingly.
[ 1979 ex.s. c 136 s 93; 1975-'76 2nd ex.s. c 95 s 3; 1961 c 12 s 46.64.050. Prior: (i) 1937 c 189 s 150; RRS s 6360-150; 1927 c 309 s 53; RRS s 6362-53. (ii) 1937 c 188 s 82; RRS s 6312-82; 1921 c 108 s 16; RRS s 6378. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) In addition to any other penalties imposed for conviction of a violation of this title that is a misdemeanor, gross misdemeanor, or felony, the court shall impose an additional penalty of fifty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this section by participation in the community restitution program.
(2) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this section to the state treasurer must be deposited in the state general fund. The balance of the revenue received by the county or city treasurer under this section must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
[ 2009 c 479 s 40; 2002 c 175 s 38; 2001 c 289 s 3. ]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective date—2002 c 175: See note following RCW 7.80.130.
Additional statutory assessments: RCW 3.62.090.
The purpose of RCW 46.64.060 and 46.64.070 is to provide for the exercise of the police power of this state to protect the health and safety of its citizens by assuring that only qualified drivers and vehicles which meet minimum equipment standards shall operate upon the highways of this state.
[ 1967 c 144 s 1. ]
NOTES:
Severability—1967 c 144: "If any provision, clause or word of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision of application, and to this end the provisions of this act are declared to be severable." [ 1967 c 144 s 3.]
To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington state patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.
The powers conferred by RCW 46.64.060 and 46.64.070 are in addition to all other powers conferred by law upon such officers, including but not limited to powers conferred upon them as police officers pursuant to RCW 46.20.349 and powers conferred by chapter 46.32 RCW.
[ 1999 c 6 s 26; 1973 2nd ex.s. c 22 s 1; 1967 c 144 s 2. ]
NOTES:
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1967 c 144: See note following RCW 46.64.060.
It is hereby declared to be the policy of the state of Washington:
(1) To provide maximum safety for all persons who travel or otherwise use the public highways of this state; and
(2) To deny the privilege of operating motor vehicles on such highways to persons who by their conduct and record have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state, the orders of her courts and the statutorily required acts of her administrative agencies; and
(3) To discourage repetition of criminal acts by individuals against the peace and dignity of the state and her political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who have been convicted repeatedly of violations of traffic laws.
[ 1971 ex.s. c 284 s 3. ]
NOTES:
Severability—1971 ex.s. c 284: "If any provision of this 1971 amendatory 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." [ 1971 ex.s. c 284 s 17.]
As used in this chapter, unless a different meaning is plainly required by the context, an habitual offender means any person, resident or nonresident, who has accumulated convictions or findings that the person committed a traffic infraction as defined in RCW 46.20.270, or, if a minor, has violations recorded with the department of licensing, for separate and distinct offenses as described in either subsection (1) or (2) below committed within a five-year period, as evidenced by the records maintained in the department of licensing: PROVIDED, That where more than one described offense is committed within a six-hour period such multiple offenses shall, on the first such occasion, be treated as one offense for the purposes of this chapter:
(1) Three or more convictions, singularly or in combination, of the following offenses:
(a) Vehicular homicide as defined in RCW 46.61.520;
(b) Vehicular assault as defined in RCW 46.61.522;
(c) Driving or operating a motor vehicle while under the influence of intoxicants or drugs;
(d) Driving a motor vehicle while his or her license, permit, or privilege to drive has been suspended or revoked as defined in RCW 46.20.342(1)(b);
(e) Failure of the driver of any vehicle involved in an accident resulting in the injury or death of any person or damage to any vehicle which is driven or attended by any person to immediately stop such vehicle at the scene of such accident or as close thereto as possible and to forthwith return to and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of RCW 46.52.020;
(f) Reckless driving as defined in RCW 46.61.500;
(g) Being in physical control of a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.504; or
(h) Attempting to elude a pursuing police vehicle as defined in RCW 46.61.024;
(2) Twenty or more convictions or findings that the person committed a traffic infraction for separate and distinct offenses, singularly or in combination, in the operation of a motor vehicle that are required to be reported to the department of licensing other than the offenses of driving with an expired driver's license and not having a driver's license in the operator's immediate possession. Such convictions or findings shall include those for offenses enumerated in subsection (1) of this section when taken with and added to those offenses described herein but shall not include convictions or findings for any nonmoving violation. No person may be considered an habitual offender under this subsection unless at least three convictions have occurred within the three hundred sixty-five days immediately preceding the last conviction.
The offenses included in subsections (1) and (2) of this section are deemed to include offenses under any valid town, city, or county ordinance substantially conforming to the provisions cited in subsections (1) and (2) [of this section] or amendments thereto, and any federal law, or any law of another state, including subdivisions thereof, substantially conforming to the aforesaid state statutory provisions.
[ 2010 c 8 s 9078; 1991 c 293 s 7; 1983 c 164 s 7; 1981 c 188 s 1; 1979 ex.s. c 136 s 94; 1979 c 62 s 1; 1971 ex.s. c 284 s 4. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1979 c 62: "If any provision of this 1979 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1979 c 62 s 8.]
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
The director of the department of licensing shall certify a transcript or abstract of the record of convictions and findings of traffic infractions as maintained by the department of licensing of any person whose record brings him or her within the definition of an habitual offender, as defined in RCW 46.65.020, to the hearing officer appointed in the event a hearing is requested. Such transcript or abstract may be admitted as evidence in any hearing or court proceeding and shall be prima facie evidence that the person named therein was duly convicted by the court wherein such conviction or holding was made of each offense shown by such transcript or abstract; and if such person denies any of the facts as stated therein, he or she shall have the burden of proving that such fact is untrue.
[ 1983 c 209 s 1; 1979 ex.s. c 136 s 95; 1979 c 62 s 2; 1971 ex.s. c 284 s 5. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
If the department finds that such person is not an habitual offender under this chapter, the proceeding shall be dismissed, but if the department finds that such person is an habitual offender, the department shall revoke the operator's license for a period of seven years: PROVIDED, That the department may stay the date of the revocation if it finds that the traffic offenses upon which it is based were caused by or are the result of alcoholism and/or drug addiction as evaluated by a program approved by the department of health, and that since his or her last offense he or she has undertaken and followed a course of treatment for alcoholism and/or drug treatment in a program approved by the department of health; such stay shall be subject to terms and conditions as are deemed reasonable by the department. Said stay shall continue as long as there is no further conviction for any of the offenses listed in RCW 46.65.020(1). Upon a subsequent conviction for any offense listed in RCW 46.65.020(1) or violation of any of the terms or conditions of the original stay order, the stay shall be removed and the department shall revoke the operator's license for a period of seven years.
[ 2025 c 23 s 12; 1999 c 274 s 7; 1985 c 101 s 2; 1981 c 188 s 2; 1979 c 62 s 3; 1973 1st ex.s. c 83 s 1; 1971 ex.s. c 284 s 8. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
(1) Whenever a person's driving record, as maintained by the department, brings him or her within the definition of an habitual traffic offender, as defined in RCW 46.65.020, the department shall forthwith notify the person of the revocation in writing at his or her address of record as maintained by the department. If the person is a nonresident of this state, notice shall be sent to the person's last known address. Notices of revocation shall inform the recipient thereof of his or her right to a formal hearing and specify the steps which must be taken in order to obtain a hearing. Within 15 days after the notice has been given, the person may, in writing, request a formal hearing. If such a request is not made within the prescribed time the right to a hearing is waived. A request for a hearing stays the effectiveness of the revocation.
(2) Upon receipt of a request for a hearing, the department shall schedule a hearing, including a remote hearing, and shall give at least 10 days' notice of the hearing to the person.
(3) The scope of the hearings provided by this section is limited to the issues of whether the certified transcripts or abstracts of the convictions, as maintained by the department, show that the requisite number of violations have been accumulated within the prescribed period of time as set forth in RCW 46.65.020 and whether the terms and conditions for granting stays, as provided in RCW 46.65.060, have been met.
(4) Upon receipt of the hearing officer's decision, an aggrieved party may appeal to the superior court of the county in which he or she resides, or, in the case of a nonresident of this state, in the superior court of Thurston county, for review of the revocation. Notice of appeal must be filed within 30 days after receipt of the hearing officer's decision or the right to appeal is waived. Review by the court shall be de novo and without a jury.
(5) The filing of a notice of appeal does not stay the effective date of the revocation.
[ 2025 c 23 s 13; 1989 c 337 s 10; 1979 c 62 s 5. ]
NOTES:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Severability—1979 c 62: See note following RCW 46.65.020.
No license to operate motor vehicles in Washington shall be issued to an habitual offender (1) for a period of seven years from the date of the license revocation except as provided in RCW 46.65.080, and (2) until the privilege of such person to operate a motor vehicle in this state has been restored by the department of licensing as provided in this chapter.
[ 1998 c 214 s 2; 1990 c 250 s 62; 1979 c 62 s 4; 1971 ex.s. c 284 s 9. ]
NOTES:
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
At the end of four years, the habitual offender may petition the department of licensing for the return of his or her operator's license and upon good and sufficient showing, the department of licensing may, wholly or conditionally, reinstate the privilege of such person to operate a motor vehicle in this state.
[ 2010 c 8 s 9079; 1998 c 214 s 3; 1979 c 158 s 181; 1971 ex.s. c 284 s 10. ]
NOTES:
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
At the expiration of seven years from the date of any final order finding a person to be an habitual offender and directing him or her not to operate a motor vehicle in this state, such person may petition the department of licensing for restoration of his or her privilege to operate a motor vehicle in this state. Upon receipt of such petition, and for good cause shown, the department of licensing shall restore to such person the privilege to operate a motor vehicle in this state upon such terms and conditions as the department of licensing may prescribe, subject to the provisions of chapter 46.29 RCW and such other provisions of law relating to the issuance or revocation of operators' licenses.
[ 2010 c 8 s 9080; 1998 c 214 s 4; 1979 c 158 s 182; 1971 ex.s. c 284 s 12. ]
NOTES:
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
Nothing in this chapter shall be construed as amending, modifying, or repealing any existing law of Washington or any existing ordinance of any political subdivision relating to the operation or licensing of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the violation thereof or shall be construed so as to preclude the exercise of regulatory powers of any division, agency, department, or political subdivision of the state having the statutory power to regulate such operation and licensing.
[ 1971 ex.s. c 284 s 14. ]
NOTES:
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
This chapter shall be known and may be cited as the "Washington Habitual Traffic Offenders Act."
[ 1971 ex.s. c 284 s 18. ]
NOTES:
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
(1) The Washington auto theft prevention authority is established. The authority shall consist of the following members, appointed by the governor:
(a) The executive director of the Washington association of sheriffs and police chiefs, or the executive director's designee;
(b) The chief of the Washington state patrol, or the chief's designee;
(c) Two police chiefs;
(d) Two sheriffs;
(e) One prosecuting attorney;
(f) A representative from the insurance industry who is responsible for writing property and casualty liability insurance in the state of Washington;
(g) A representative from the automobile industry; and
(h) One member of the general public.
(2) In addition, the authority may, where feasible, consult with other governmental entities or individuals from the public and private sector in carrying out its duties under this section.
[ 2007 c 199 s 20. ]
(1) The Washington auto theft prevention authority shall initially convene at the call of the executive director of the Washington association of sheriffs and police chiefs, or the executive director's designee, no later than the third Monday in January 2008. Subsequent meetings of the authority shall be at the call of the chair or seven members.
(2) The authority shall annually elect a chairperson and other such officers as it deems appropriate from its membership.
(3) Members of the authority shall serve terms of four years each on a staggered schedule to be established by the first authority. For purposes of initiating a staggered schedule of terms, some members of the first authority may initially serve two years and some members may initially serve four years.
[ 2007 c 199 s 21. ]
(1) The Washington auto theft prevention authority may obtain or contract for staff services, including an executive director, and any facilities and equipment as the authority requires to carry out its duties.
(2) The director may enter into contracts with any public or private organization to carry out the purposes of this section and RCW 46.66.010, 46.66.020, and 46.66.040 through 46.66.080.
(3) The authority shall review and make recommendations to the legislature and the governor regarding motor vehicle theft in Washington state. In preparing the recommendations, the authority shall, at a minimum, review the following issues:
(a) Determine the scope of the problem of motor vehicle theft, including:
(i) Particular areas of the state where the problem is the greatest;
(ii) Annual data reported by local law enforcement regarding the number of reported thefts, investigations, recovered vehicles, arrests, and convictions; and
(iii) An assessment of estimated funds needed to hire sufficient investigators to respond to all reported thefts.
(b) Analyze the various methods of combating the problem of motor vehicle theft;
(c) Develop and implement a plan of operation; and
(d) Develop and implement a financial plan.
(4) The authority is not a law enforcement agency and may not gather, collect, or disseminate intelligence information for the purpose of investigating specific crimes or pursuing or capturing specific perpetrators. Members of the authority may not exercise general authority peace officer powers while acting in their capacity as members of the authority, unless the exercise of peace officer powers is necessary to prevent an imminent threat to persons or property.
(5) The authority shall annually report its activities, findings, and recommendations during the preceding year to the legislature by December 31st.
[ 2007 c 199 s 22. ]
The Washington auto theft prevention authority may solicit and accept gifts, grants, bequests, devises, or other funds from public and private sources to support its activities.
[ 2007 c 199 s 23. ]
The governor may remove any member of the Washington auto theft prevention authority for cause including but not limited to neglect of duty, misconduct, malfeasance or misfeasance in office, or upon written request of two-thirds of the members of the authority under this chapter. Upon the death, resignation, or removal of a member, the governor shall appoint a replacement to fill the remainder of the unexpired term.
[ 2007 c 199 s 24. ]
Members of the Washington auto theft prevention authority who are not public employees shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses incurred in carrying out the duties of the authority in accordance with RCW 43.03.050 and 43.03.060.
[ 2007 c 199 s 25. ]
Any member serving in their official capacity on the Washington auto theft prevention authority, or either their employer or employers, or other entity that selected the members to serve, are immune from a civil action based upon an act performed in good faith.
[ 2007 c 199 s 26. ]
(1) The Washington auto theft prevention authority account is created in the state treasury, subject to appropriation. Revenues consist of deposits to the account under RCW 48.14.020(1)(b) and all receipts from gifts, grants, bequests, devises, or other funds from public and private sources to support the activities of the auto theft prevention authority must be deposited into the account. Expenditures from the account may be used only for activities relating to motor vehicle theft, including education, prevention, law enforcement, investigation, prosecution, and confinement.
(2) The authority shall allocate moneys appropriated from the account to public agencies for the purpose of establishing, maintaining, and supporting programs that are designed to prevent motor vehicle theft, including:
(a) Financial support to prosecution agencies to increase the effectiveness of motor vehicle theft prosecution;
(b) Financial support to a unit of local government or a team consisting of units of local governments to increase the effectiveness of motor vehicle theft enforcement;
(c) Financial support for the procurement of equipment and technologies for use by law enforcement agencies for the purpose of enforcing motor vehicle theft laws; and
(d) Financial support for programs that are designed to educate and assist the public in the prevention of motor vehicle theft.
(3) The costs of administration shall not exceed 10 percent of the moneys in the account in any one year so that the greatest possible portion of the moneys available to the authority is expended on combating motor vehicle theft.
(4) Prior to awarding any moneys from the Washington auto theft prevention authority account for motor vehicle theft enforcement, the auto theft prevention authority must verify that the financial award includes sufficient funding to cover proposed activities.
(5) Moneys expended from the Washington auto theft prevention authority account under subsection (2) of this section shall be used to supplement, not supplant, other moneys that are available for motor vehicle theft prevention.
(6) Grants provided under subsection (2) of this section constitute reimbursement for purposes of RCW 43.135.060(1).
(7) During the 2025-2027 fiscal biennium, moneys in the account may also be transferred into the state general fund.
(8) During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the Washington auto theft prevention authority account to the state general fund.
[ 2025 c 424 s 1909; 2025 c 424 s 964; 2023 c 388 s 3; 2015 3rd sp.s. c 4 s 964; 2013 2nd sp.s. c 4 s 985; 2011 1st sp.s. c 50 s 958; 2011 c 5 s 915; 2009 c 564 s 945; 2007 c 199 s 27. ]
NOTES:
Reviser's note: This section was amended by 2025 c 424 s 964 and by 2025 c 424 s 1909, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 424: See note following RCW 9.46.100.
Findings—Intent—Effective date—2023 c 388: See notes following RCW 46.63.110.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2011 c 5: See note following RCW 43.03.220.
Effective date—2009 c 564: See note following RCW 2.68.020.
See notes following RCW 9A.56.065.
(1) A person who has paid all or part of a vehicle license fee under this title is entitled to a refund if the amount was paid in error or if the vehicle:
(a) Was destroyed before the new registration period began;
(b) Was permanently removed from Washington state before the new registration period began;
(c) Registration was purchased after the owner sold the vehicle;
(d) Was registered in another jurisdiction after the Washington state registration had been purchased. Any full months of Washington vehicle license fees remaining after application for out-of-state registration was made are refundable; or
(e) Registration was purchased before the vehicle was sold and before the new registration period began. The person who paid the fees must return the unused, never-affixed license tabs to the department before the new registration period begins.
(2) The department shall refund overpayments of vehicle license fees and motor vehicle excise taxes under Title 82 RCW that are ten dollars or more. A request for a refund is not required.
(3) The department shall certify refunds to the state treasurer as correct and being claimed in the time required by law. The state treasurer shall mail or deliver the amount of each refund to the person who is entitled to the refund. The department shall not authorize refunds of fees paid in error unless the request is made within three years after the fees were paid.
(4) If due to error the department, county auditor or other agent, or subagent appointed by the director has failed to collect the full amount of the vehicle license fee and excise tax due and the underpayment is in the amount of ten dollars or more, the department shall charge and collect the additional amount to constitute full payment of the tax and fees.
(5) Any person who makes a false statement under which he or she obtains a refund that he or she is not entitled to under this section is guilty of a gross misdemeanor.
[ 2010 c 161 s 801; 2003 c 53 s 248; 1997 c 22 s 1; 1996 c 31 s 1; 1993 c 307 s 2; 1989 c 68 s 1; 1979 c 120 s 1; 1967 c 32 s 73; 1961 c 12 s 46.68.010. Prior: 1937 c 188 s 76; RRS s 6312-76. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The director shall forward all fees for certificates of title or other moneys accruing under chapters 46.12 and 46.17 RCW to the state treasurer, together with a proper identifying detailed report. The state treasurer shall credit these moneys as follows:
| FEE | REQUIRED IN | ESTABLISHED IN | DISTRIBUTION | | --- | --- | --- | --- | | ORV certificate of title fee | RCW 46.09.320 | RCW 46.17.100 | RCW 47.66.070 | | Original certificate of title | RCW 46.12.530 | RCW 46.17.100 | RCW 47.66.070 | | Penalty for late transfer | RCW 46.12.650 | RCW 46.17.140 | RCW 47.66.070 | | Motor change | RCW 46.12.590 | RCW 46.17.100 | RCW 46.68.280 | | Transfer certificate of title | RCW 46.12.650 | RCW 46.17.100 | RCW 46.68.280 | | Security interest changes | RCW 46.12.675 | RCW 46.17.100 | RCW 46.68.280 | | Duplicate certificate of title | RCW 46.12.580 | RCW 46.17.100 | RCW 46.68.280 | | Stolen vehicle check | RCW 46.12.570 | RCW 46.17.120 | RCW 46.68.070 | | Vehicle identification number assignment | RCW 46.12.560 | RCW 46.17.135 | RCW 46.68.070 |
[ 2011 c 171 s 84; 2010 c 161 s 802; 2004 c 200 s 3; 2003 c 264 s 8; 2002 c 352 s 21; 1961 c 12 s 46.68.020. Prior: 1955 c 259 s 3; 1947 c 164 s 7; 1937 c 188 s 11; Rem. Supp. 1947 s 6312-11. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2004 c 200: "This act takes effect July 1, 2004." [ 2004 c 200 s 4.]
Effective dates—2002 c 352: See note following RCW 46.09.410.
(1) The quick title service fee imposed under RCW 46.17.160 must be distributed as follows:
(a) If the fee is paid to the director, the fee must be deposited to the motor vehicle fund established under RCW 46.68.070.
(b) If the fee is paid to the participating county auditor or other agent appointed by the director, twenty-five dollars must be deposited to the motor vehicle fund established under RCW 46.68.070. The remainder must be retained by the county treasurer in the same manner as other fees collected by the county auditor.
(c) If the fee is paid to a subagent appointed by the director, twenty-five dollars must be deposited to the motor vehicle fund established under RCW 46.68.070. The remaining twenty-five dollars must be distributed as follows: Twelve dollars and fifty cents must be retained by the county treasurer in the same manner as other fees collected by the county auditor and twelve dollars and fifty cents must be retained by the subagent.
(2) For the purposes of this section, "quick title" has the same meaning as in RCW 46.12.555.
[ 2015 2nd sp.s. c 1 s 1; 2011 c 326 s 3. ]
NOTES:
Effective date—2015 2nd sp.s. c 1: "This act takes effect January 1, 2016." [ 2015 2nd sp.s. c 1 s 3.]
Application—Effective date—2011 c 326: See notes following RCW 46.12.555.
(1) The director shall forward all fees for vehicle registrations under chapters 46.16A and 46.17 RCW, unless otherwise specified by law, to the state treasurer with a proper identifying detailed report. The state treasurer shall credit these moneys to the motor vehicle fund created in RCW 46.68.070.
(2) Proceeds from vehicle license fees and renewal vehicle license fees must be deposited by the state treasurer as follows:
(a) $23.60 of each initial or renewal vehicle license fee must be deposited in the state patrol highway account in the motor vehicle fund, hereby created. Vehicle license fees, renewal vehicle license fees, and all other funds in the state patrol highway account must be for the sole use of the Washington state patrol for highway activities of the Washington state patrol, subject to proper appropriations and reappropriations.
(b) $2.02 of each initial vehicle license fee and $0.93 of each renewal vehicle license fee must be deposited each biennium in the Puget Sound ferry operations account.
(c) Any remaining amounts of vehicle license fees and renewal vehicle license fees that are not distributed otherwise under this section must be deposited in the motor vehicle fund.
(3) During the 2015-2017 fiscal biennium, the legislature may transfer from the state patrol highway account to the connecting Washington account such amounts as reflect the excess fund balance of the state patrol highway account.
(4) During the 2017-2019 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the state patrol highway account to the connecting Washington account.
[ 2017 c 313 s 706; 2016 c 28 s 2; 2015 3rd sp.s. c 43 s 601; 2011 c 171 s 85; 2010 c 161 s 803; 2002 c 352 s 22; 1990 c 42 s 109; 1985 c 380 s 20. Prior: 1983 c 15 s 23; 1983 c 3 s 122; 1981 c 342 s 9; 1973 c 103 s 3; 1971 ex.s. c 231 s 11; 1971 ex.s. c 91 s 1; 1969 ex.s. c 281 s 25; 1969 c 99 s 8; 1965 c 25 s 2; 1961 ex.s. c 7 s 17; 1961 c 12 s 46.68.030; prior: 1957 c 105 s 2; 1955 c 259 s 4; 1947 c 164 s 15; 1937 c 188 s 40; Rem. Supp. 1947 s 6312-40. ]
NOTES:
Effective date—2017 c 313 s 706: "Section 706 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2017." [ 2017 c 313 s 1304.]
Effective date—2016 c 28 s 2: "Section 2 of this act takes effect July 1, 2017." [ 2016 c 28 s 8.]
Intent—2016 c 28: See note following RCW 43.43.380.
Effective date—2015 3rd sp.s. c 43: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 15, 2015]." [ 2015 3rd sp.s. c 43 s 608.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective date—1981 c 342: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981. This act shall only take effect upon the passage of Senate Bills No. 3669 and 3699, and if Senate Bills No. 3669 and 3699 are not both enacted by the 1981 regular session of the legislature this amendatory act shall be null and void in its entirety." [ 1981 c 342 s 12.] Senate Bills No. 3669 and 3699 became 1981 c 315 and 1981 c 316, respectively.
Refund of mobile home identification tag fees: "The department of motor vehicles shall refund all moneys collected in 1973 for mobile home identification tags. Such refunds shall be made to those persons who have purchased such tags. The department shall adopt rules pursuant to chapter 34.04 RCW to comply with the provisions of this section." [ 1973 c 103 s 4.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
Effective date—1965 c 25: "This act shall take effect January 1, 1966." [ 1965 c 25 s 6.]
The director shall forward all proceeds from vehicle license fees received by the director for vehicles registered under RCW 46.17.330, 46.17.350(1) (c) and (k), 46.17.355, and 46.17.400(1)(c) to the state treasurer to be distributed into accounts according to the following method:
(1) 22.36 percent must be deposited into the state patrol highway account of the motor vehicle fund;
(2) 1.375 percent must be deposited into the Puget Sound ferry operations account of the motor vehicle fund;
(3) 5.237 percent must be deposited into the transportation 2003 account (nickel account);
(4) 11.533 percent must be deposited into the transportation partnership account created in RCW 46.68.290; and
(5) The remaining proceeds must be deposited into the motor vehicle fund.
[ 2017 c 147 s 10; 2010 c 161 s 804; 2006 c 337 s 1; 2005 c 314 s 205; 2003 c 361 s 202; 2000 2nd sp.s. c 4 s 8; 1993 c 102 s 7; 1990 c 42 s 106; 1989 c 156 s 4; 1985 c 380 s 21. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Application—2006 c 337 s 1: "Section 1 of this act applies to license fees due on or after July 1, 2006." [ 2006 c 337 s 15.]
Effective dates—2005 c 314 ss 110 and 201-206: "(1) Section 110 of this act takes effect July 1, 2006.
(2) Sections 201 through 206 of this act take effect January 1, 2006." [ 2005 c 314 s 403.]
Application—2005 c 314 ss 201-206, 301, and 302: "Sections 201 through 206, 301, and 302 of this act apply to vehicle registrations that are due or become due on or after January 1, 2006." [ 2005 c 314 s 402.]
Part headings not law—2005 c 314: "Part headings used in this act are not part of the law." [ 2005 c 314 s 407.]
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 ss 4-10: See note following RCW 43.89.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Application—1989 c 156: See note following RCW 46.16A.455.
The funding allocated under RCW 46.20.293, 46.29.050, and 46.52.130 shall be deposited into the state patrol highway account created in RCW 46.68.030, for the purposes enumerated therein, which may include the provision of enhanced resources to address locations with higher than average collision rates.
[ 2007 c 424 s 4. ]
NOTES:
Effective date—2007 c 424: See note following RCW 46.20.293.
(1) Except as provided in subsections (2) through (4) of this section, the department must forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who must deposit such moneys to the credit of the highway safety fund.
(2) Fifty-six percent of each fee collected by the department under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) must be deposited in the impaired driving safety account.
(3) Fifty percent of the revenue from the fees imposed under RCW 46.20.200(2) must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
(4)(a) Beginning January 1, 2026, $15 of the driver's application fee imposed under RCW 46.20.120(2) must be deposited into the driver education safety improvement account created in RCW 46.68.540.
(b) Beginning January 1, 2026, $10 of the driver's instruction permit application fee imposed under RCW 46.20.055(1) must be deposited into the driver education safety improvement account created in RCW 46.68.540.
[ 2025 c 299 s 16; 2022 c 182 s 210; 2020 c 330 s 18; 2004 c 95 s 15; 1998 c 212 s 3; 1995 2nd sp.s. c 3 s 1; 1985 ex.s. c 1 s 12; 1981 c 245 s 3; 1979 c 63 s 3; 1977 c 27 s 1; 1975 1st ex.s. c 293 s 20; 1971 ex.s. c 91 s 2; 1969 c 99 s 9; 1967 c 174 s 3; 1965 c 25 s 4. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2022 c 182 ss 205, 206, 209, and 210: See note following RCW 46.20.202.
Intent—2022 c 182: See note following RCW 70A.65.240.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—1995 2nd sp.s. c 3: "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, 1995." [ 1995 2nd sp.s. c 3 s 2.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1981 c 245: See note following RCW 46.20.161.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
The moneys collected by the department for ORV registrations, temporary ORV use permits, decals, and tabs under chapters 46.09 and 46.17 RCW must be distributed from time to time, but at least once a year, in the following manner:
(1) The department shall retain enough money to cover expenses incurred in the administration of chapter 46.09 RCW. The amount kept by the department must never exceed eighteen percent of fees collected.
(2) The remaining moneys must be distributed for off-road vehicle recreation facilities by the recreation and conservation funding board in accordance with RCW 46.09.520(2)(d)(ii)(A).
[ 2019 c 130 s 1; 2010 c 161 s 822; 2007 c 241 s 14; 2004 c 105 s 2; 1986 c 206 s 6; 1985 c 57 s 60; 1977 ex.s. c 220 s 9; 1972 ex.s. c 153 s 11; 1971 ex.s. c 47 s 16. Formerly RCW 46.09.110. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1986 c 206: See note following RCW 46.09.310.
Effective date—1985 c 57: See note following RCW 18.04.105.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
There is hereby created in the state treasury a fund to be known as the highway safety fund to the credit of which must be deposited all moneys directed by law to be deposited therein. This fund must be used for carrying out the provisions of law relating to driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry out the purposes set forth in RCW 43.59.010, chapters 46.72 and 46.72A RCW, and RCW 47.04.410. During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the highway safety fund to the multimodal transportation account and the state patrol highway account.
[ 2023 c 472 s 705; 2022 c 182 s 434; 2021 c 333 s 706; 2019 c 416 s 705; 2017 c 313 s 707; 2015 3rd sp.s. c 43 s 602; 2013 c 306 s 717. Prior: 2011 c 367 s 718; 2011 c 298 s 26; 2009 c 470 s 711; 2007 c 518 s 714; 1969 c 99 s 11; 1967 c 174 s 4; 1965 c 25 s 3; 1961 c 12 s 46.68.060; prior: 1957 c 104 s 1; 1937 c 188 s 81; RRS s 6312-81; 1921 c 108 s 13; RRS s 6375. ]
NOTES:
Effective date—2023 c 472: See note following RCW 43.19.642.
Target zero program—2022 c 182: See note following RCW 47.04.410.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2015 3rd sp.s. c 43: See note following RCW 46.68.030.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2011 c 367: "Except for sections 703, 704, 705, 716, 719, and 722 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2011]." [ 2011 c 367 s 1102.]
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—2009 c 470: See note following RCW 46.68.170.
Severability—Effective date—2007 c 518: See notes following RCW 46.68.170.
Effective date—1969 c 99: See note following RCW 79A.05.070.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
Deposits into account: RCW 46.20.505, 46.20.510, 46.81A.030.
The department of licensing technology improvement and data management account is created in the highway safety account. All receipts from fees collected under RCW 46.12.630(5) must be deposited into the account. Expenditures from the account may be used only for investments in technology and data management at the department. During the 2023-2025 and 2025-2027 fiscal biennia, the account may also be used for responding to public records requests. Moneys in the account may be spent only after appropriation.
[ 2025 c 416 s 705; 2023 c 472 s 706; 2021 c 333 s 714; 2019 c 416 s 712; 2014 c 79 s 2. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
There is hereby created the motorcycle safety education account in the highway safety fund of the state treasury, to the credit of which shall be deposited all moneys directed by law to be credited thereto. All expenses incurred by the director of the department of licensing in administering RCW 46.20.505 through 46.20.520 shall be borne by appropriations from this account, and moneys deposited into this account shall be used only for the purposes authorized in RCW 46.20.505 through 46.20.520. During the 2007-2009 fiscal biennium, the legislature may transfer from the motorcycle safety education account such amounts as reflect the excess fund balance of the account.
[ 2009 c 8 s 502; 2001 c 285 s 1; 1982 c 77 s 8. ]
NOTES:
Effective date—2009 c 8: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 5, 2009]." [ 2009 c 8 s 509.]
Severability—1982 c 77: See note following RCW 46.20.500.
The driver licensing technology support account is created in the highway safety fund under RCW 46.68.060. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for supporting information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the driver licensing technology support account to the motor vehicle fund.
[ 2026 c 257 s 703; 2022 c 157 s 2; 2021 c 240 s 15. ]
NOTES:
Effective date—2026 c 257: See note following RCW 46.01.385.
Effective date—2022 c 157 s 2: "Section 2 of this act takes effect January 1, 2023." [ 2022 c 157 s 25.]
Effective date—2021 c 240: See note following RCW 46.63.060.
There is created in the state treasury a permanent fund to be known as the motor vehicle fund to the credit of which shall be deposited all moneys directed by law to be deposited therein. This fund shall be for the use of the state, and through state agencies, for the use of counties, cities, and towns for proper road, street, and highway purposes, including the purposes of RCW 47.30.030.
[ 1972 ex.s. c 103 s 6; 1961 c 12 s 46.68.070. Prior: (i) 1935 c 111 s 1, part; 1933 c 41 s 4, part; RRS s 6600, part; 1929 c 163 s 1; 1925 ex.s. c 185 s 1; 1923 c 181 s 3; 1921 c 96 s 18; 1919 c 46 s 3; 1917 c 155 s 13; 1915 c 142 s 18; RRS s 6330. (ii) 1939 c 181 s 1; RRS s 6600-1; 1937 c 208 ss 1, 2, part. ]
NOTES:
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
(1) Vehicle license fees collected under RCW 46.17.350 and 46.17.355 and fuel taxes collected under RCW 82.38.030(1) and directly or indirectly paid by the residents of those counties composed entirely of islands and which have neither a fixed physical connection with the mainland nor any state highways on any of the islands of which they are composed, must be paid into the motor vehicle fund of the state of Washington and must monthly, as they accrue, and after deducting therefrom the expenses of issuing such licenses and the cost of collecting such fuel tax, be paid to the county treasurer of each such county to be by him or her disbursed as hereinafter provided.
(2) One-half of the vehicle license fees collected under RCW 46.17.350 and 46.17.355 and one-half of the fuel taxes collected under RCW 82.38.030(1) and directly or indirectly paid by the residents of those counties composed entirely of islands and which have either a fixed physical connection with the mainland or state highways on any of the islands of which they are composed, must be paid into the motor vehicle fund of the state of Washington and must monthly, as they accrue, and after deducting therefrom the expenses of issuing such licenses and the cost of collecting such fuel tax, be paid to the county treasurer of each such county to be by him or her disbursed as hereinafter provided.
(3) All funds paid to the county treasurer of the counties of either class referred to in subsections (1) and (2) of this section, must be distributed and credited by the county treasurer to the several road districts of each such county and paid to the city treasurer of each incorporated city and town within each such county, in the direct proportion that the assessed valuation of each such road district and incorporated city and town bears to the total assessed valuation of each such county.
(4) The amount of motor vehicle fuel tax paid by the residents of those counties composed entirely of islands must, for the purposes of this section, be that percentage of the total amount of motor vehicle fuel tax collected in the state that the vehicle license fees paid by the residents of counties composed entirely of islands bears to the total vehicle license fees paid by the residents of the state.
(5)(a) An amount of fuel taxes must be deposited into the Puget Sound ferry operations account. This amount must equal the difference between the total amount of fuel taxes collected in the state under RCW 82.38.030 less the total amount of fuel taxes collected in the state under RCW 82.38.030(1) and be multiplied by a fraction. The fraction must equal the amount of vehicle license fees collected under RCW 46.17.350 and 46.17.355 from counties described in subsection (1) of this section divided by the total amount of vehicle license fees collected in the state under RCW 46.17.350 and 46.17.355.
(b) An additional amount of fuel taxes must be deposited into the Puget Sound ferry operations account. This amount must equal the difference between the total amount of fuel taxes collected in the state under RCW 82.38.030 less the total amount of fuel taxes collected in the state under RCW 82.38.030(1) and be multiplied by a fraction. The fraction must equal the amount of vehicle license fees collected under RCW 46.17.350 and 46.17.355 from counties described in subsection (2) of this section divided by the total amount of vehicle license fees collected in the state under RCW 46.17.350 and 46.17.355, and this must be multiplied by one-half.
[ 2013 c 225 s 644; 2010 c 161 s 1128; 2010 c 8 s 9081; 2006 c 337 s 12; 1961 c 12 s 46.68.080. Prior: 1939 c 181 s 9; RRS s 6450-54a. ]
NOTES:
Effective date—2013 c 225: See note following RCW 82.38.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) All moneys that have accrued or may accrue to the motor vehicle fund from the fuel tax must be first expended for purposes enumerated in (a) and (b) of this subsection. The remaining net tax amount must be distributed monthly by the state treasurer in accordance with subsections (2) through (9) of this section.
(a) For payment of refunds of fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the fuel tax, which sums must be distributed monthly.
(2) All of the remaining net tax amount collected under RCW 82.38.030(1) must be distributed as set forth in (a) through (j) of this subsection.
(a) For distribution to the motor vehicle fund an amount equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;
(b)(i) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.
(ii) The following criteria, listed in order of priority, must be used in determining which special category C projects have the highest priority:
(A) Accident experience;
(B) Fatal accident experience;
(C) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and
(D) Continuity of development of the highway transportation network.
(iii) Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (2)(b);
(c) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent;
(d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent;
(e) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 7.5597 percent;
(f) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent and expended in accordance with RCW 47.26.086;
(g) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent in accordance with RCW 46.68.110;
(h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of which there must be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;
(i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent. These funds must be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and must be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board must adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used. During the 2025-2027 fiscal biennium, the county arterial preservation account may also be used for staffing-related expenses of the board, contracting costs, and grants associated with bridge ratings;
(j) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent and expended in accordance with RCW 36.79.020.
(3) The remaining net tax amount collected under RCW 82.38.030(2) must be distributed to the transportation 2003 account (nickel account).
(4) The remaining net tax amount collected under RCW 82.38.030(3) must be distributed as follows:
(a) 8.3333 percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;
(b) 8.3333 percent must be distributed to counties of the state in accordance with RCW 46.68.120; and
(c) The remainder must be distributed to the transportation partnership account created in RCW 46.68.290.
(5) The remaining net tax amount collected under RCW 82.38.030(4) must be distributed as follows:
(a) 8.3333 percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;
(b) 8.3333 percent must be distributed to counties of the state in accordance with RCW 46.68.120; and
(c) The remainder must be distributed to the transportation partnership account created in RCW 46.68.290.
(6) The remaining net tax amount collected under RCW 82.38.030 (5) and (6) must be distributed to the transportation partnership account created in RCW 46.68.290.
(7) The remaining net tax amount collected under RCW 82.38.030 (7) and (8) must be distributed to the connecting Washington account created in RCW 46.68.395.
(8) The remaining net tax amount collected under RCW 82.38.030 (9) through (13) must be distributed as follows:
(a) Two and one-half percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;
(b) Two and one-half percent must be distributed to counties of the state in accordance with RCW 46.68.120; and
(c) The remainder must be distributed to the motor vehicle fund created in RCW 46.68.070.
(9) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on fuel.
[ 2026 c 255 s 302. Prior: 2025 c 417 s 103; 2025 c 416 s 706; 2015 3rd sp.s. c 44 s 105; (2015 3rd sp.s. c 44 s 104 expired July 1, 2016); 2013 c 225 s 645; 2011 c 120 s 4; 2005 c 314 s 103; 2003 c 361 s 403; prior: 1999 c 269 s 2; 1999 c 94 s 6; prior: 1994 c 225 s 2; 1994 c 179 s 3; 1991 c 342 s 56; 1990 c 42 s 102; 1983 1st ex.s. c 49 s 21; 1979 c 158 s 184; 1977 ex.s. c 317 s 8; 1967 c 32 s 74; 1961 ex.s. c 7 s 5; 1961 c 12 s 46.68.090; prior: 1943 c 115 s 3; 1939 c 181 s 2; Rem. Supp. 1943 s 6600-1d; 1937 c 208 ss 2, part, 3, part. ]
NOTES:
Effective date—2026 c 255 ss 101, 102, 201, 202, 203, 301, and 302: See note following RCW 82.08.020.
Intent—2026 c 255: See note following RCW 82.08.020.
Effective date—2025 c 417 ss 101-103, 406, 701-709, 808-814, 1102, 1103, and 1305: See note following RCW 82.38.030.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2015 3rd sp.s. c 44 ss 103, 105, and 110: See note following RCW 82.38.030.
Contingent expiration date—2015 3rd sp.s. c 44 ss 101, 102, 104, and 109: See note following RCW 82.38.030.
Effective date—2013 c 225: See note following RCW 82.38.010.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following RCW 43.84.092.
Effective date—1994 c 225: "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 May 1, 1994." [ 1994 c 225 s 4.]
Effective dates—1991 c 342: See note following RCW 47.01.425.
Purpose of state and local transportation funding program—1990 c 42: "(1) The legislature finds that a new comprehensive funding program is required to maintain the state's commitment to the growing mobility needs of its citizens and commerce. The transportation funding program is intended to satisfy the following state policies and objectives:
(a) Statewide system: Provide for preservation of the existing statewide system and improvements for current and expected capacity needs in rural, established urban, and growing suburban areas throughout the state;
(b) Local flexibility: Provide for necessary state highway improvements, as well as providing local governments with the option to use new funding sources for projects meeting local and regional needs;
(c) Multimodal: Provide a source of funds that may be used for multimodal transportation purposes;
(d) Program compatibility: Implement transportation facilities and services that are consistent with adopted land use and transportation plans and coordinated with recently authorized programs such as the act authorizing creation of transportation benefit districts and the local transportation act of 1988;
(e) Interjurisdictional cooperation: Encourage transportation planning and projects that are multijurisdictional in their conception, development, and benefit, recognizing that mobility problems do not respect jurisdictional boundaries;
(f) Public and private sector: Use a state, local, and private sector partnership that equitably shares the burden of meeting transportation needs.
(2) The legislature further recognizes that the revenues currently available to the state and to counties, cities, and transit authorities for highway, road, and street construction and preservation fall far short of the identified need. The 1988 Washington road jurisdiction study identified a statewide funding shortfall of between $14.6 and $19.9 billion to bring existing roads to acceptable standards. The gap between identified transportation needs and available revenues continues to increase. A comprehensive transportation funding program is required to meet the current and anticipated future needs of this state.
(3) The legislature further recognizes the desirability of making certain changes in the collection and distribution of motor vehicle excise taxes with the following objectives: Simplifying administration and collection of the taxes including adoption of a predictable depreciation schedule for vehicles; simplifying the allocation of the taxes among various recipients; and the dedication of a portion of motor vehicle excise taxes for transportation purposes.
(4) The legislature, therefore, declares a need for the three-part funding program embodied in this act: (a) Statewide funding for highways, roads, and streets in urban and rural areas; (b) local option funding authority, available immediately, for the construction and preservation of roads, streets, and transit improvements and facilities; and (c) the creation of a multimodal transportation fund that is funded through dedication of a portion of motor vehicle excise tax. This funding program is intended, by targeting certain new revenues, to produce a significant increase in the overall capacity of the state, county, and city transportation systems to satisfy and efficiently accommodate the movement of people and goods." [ 1990 c 42 s 1.]
Effective dates—Application—Implementation—1990 c 42: "(1) Sections 101 through 104, 115 through 117, 201 through 214, 405 through 411, and 503, chapter 42, Laws of 1990 are 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 April 1, 1990.
(2) Sections 105 through 114, chapter 42, Laws of 1990 shall take effect September 1, 1990. The additional fees in sections 105 through 108, chapter 42, Laws of 1990 apply for all motor vehicle registrations that expire August 31, 1991, and thereafter.
(3) Sections 301 through 303 and 305 through 328, chapter 42, Laws of 1990 shall take effect September 1, 1990, and apply to the purchase of vehicle registrations that expire August 31, 1991, and thereafter.
(4) Section 304, chapter 42, Laws of 1990 shall take effect July 1, 1991, and apply to all vehicles registered for the first time with an expiration date of June 30, 1992, and thereafter.
(5) The director of licensing may immediately take such steps as are necessary to ensure that the sections of chapter 42, Laws of 1990 are implemented on their effective dates.
(6) *Sections 401 through 404, chapter 42, Laws of 1990 shall take effect September 1, 1990, only if the bonds issued under RCW 47.56.711 for the Spokane river toll bridge have been retired or fully defeased, and shall become null and void if the bonds have not been retired or fully defeased on that date." [ 1990 c 298 s 38; 1990 c 42 s 504.]
*Reviser's note: The bonds were fully defeased on June 1, 1990.
Effective date—1983 1st ex.s. c 49: See RCW 36.79.901.
Effective dates—1977 ex.s. c 317: See note following RCW 82.38.030.
Rural arterial trust account: RCW 36.79.020.
Funds credited to the incorporated cities and towns of the state as set forth in RCW 46.68.090 shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums distributed under RCW 46.68.090 shall be deducted monthly as such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and town streets thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any moneys so retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such funds distributed under RCW 46.68.090 shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies. Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW 46.68.090 shall be deducted monthly, as such funds accrue, to be deposited in the small city pavement and sidewalk account, to implement the city hardship assistance program, as provided in RCW 47.26.164. However, any moneys so retained and not required to carry out the program under this subsection as of July 1st of each odd-numbered year thereafter, shall be retained in the account and used for maintenance, repair, and resurfacing of city and town streets for cities and towns with a population of less than five thousand;
(4) After making the deductions under subsections (1) through (3) of this section and RCW 35.76.050, the balance remaining to the credit of incorporated cities and towns shall be apportioned monthly as such funds accrue among the several cities and towns within the state ratably on the basis of the population last determined by the office of financial management.
[ 2011 c 120 s 5; 2008 c 121 s 601; 2007 c 148 s 1. Prior: 2005 c 314 s 106; 2005 c 89 s 1; 2003 c 361 s 404; prior: 1999 c 269 s 3; 1999 c 94 s 9; 1996 c 94 s 1; prior: 1991 sp.s. c 15 s 46; 1991 c 342 s 59; 1989 1st ex.s. c 6 s 41; 1987 1st ex.s. c 10 s 37; 1985 c 460 s 32; 1979 c 151 s 161; 1975 1st ex.s. c 100 s 1; 1961 ex.s. c 7 s 7; 1961 c 12 s 46.68.110; prior: 1957 c 175 s 11; 1949 c 143 s 1; 1943 c 83 s 2; 1941 c 232 s 1; 1939 c 181 s 4; Rem. Supp. 1949 s 6600-3a; 1937 c 208 ss 2, part, 3, part. ]
NOTES:
Severability—2008 c 121: "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." [ 2008 c 121 s 606.]
Effective date—2008 c 121: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2008]." [ 2008 c 121 s 607.]
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following RCW 43.84.092.
Construction—Severability—1991 sp.s. c 15: "The appropriations of moneys and the designation of funds and accounts by this and other acts of the 1991 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, and 1989 legislatures to conform state funds and accounts with generally accepted accounting principles. 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 sp.s. c 15 s 69.]
Effective dates—1991 c 342: See note following RCW 47.01.425.
Severability—1989 1st ex.s. c 6: "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." [ 1989 1st ex.s. c 6 s 75.]
Severability—1987 1st ex.s. c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 1st ex.s. c 10 s 60.]
Severability—1985 c 460: "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." [ 1985 c 460 s 42.]
Expense of cost-audit examination of city and town street records payable from funds withheld under RCW 46.68.110(1): RCW 35.76.050.
Population determination, office of financial management: Chapter 43.62 RCW.
Funds to be paid to the counties of the state shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such funds shall be deducted monthly as such funds accrue and set aside for the use of the department of transportation and the county road administration board for the supervision of work and expenditures of such counties on the county roads thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to deductions herein made;
(2) All sums required to be repaid to counties composed entirely of islands shall be deducted;
(3) Thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the counties' share of the costs of highway jurisdiction studies and other studies. Any funds so retained and not expended shall be credited in the succeeding biennium to the counties in proportion to the deductions made;
(4) The balance of such funds remaining to the credit of counties after such deductions shall be paid to the several counties monthly, as such funds accrue, in accordance with RCW 46.68.122 and 46.68.124.
[ 1991 sp.s. c 15 s 47; 1991 c 342 s 64; 1989 1st ex.s. c 6 s 42; 1987 1st ex.s. c 10 s 38; 1985 c 460 s 33; 1985 c 120 s 1; 1982 c 33 s 1; 1980 c 87 s 44; 1979 c 158 s 185; 1977 ex.s. c 151 s 42; 1975 1st ex.s. c 100 s 2; 1973 1st ex.s. c 195 s 47; 1972 ex.s. c 103 s 1; 1967 c 32 s 75; 1965 ex.s. c 120 s 12; 1961 c 12 s 46.68.120. Prior: 1957 c 109 s 1; 1955 c 243 s 1; 1949 c 143 s 2; 1945 c 260 s 1; 1943 c 83 s 3; 1939 c 181 s 5; Rem. Supp. 149 s 6600-2a. ]
NOTES:
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.
Effective dates—1991 c 342: See note following RCW 47.01.425.
Severability—1989 1st ex.s. c 6: See note following RCW 46.68.110.
Severability—1987 1st ex.s. c 10: See note following RCW 46.68.110.
Severability—1985 c 460: See note following RCW 46.68.110.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
County road administration board—Expenses to be paid from motor vehicle fund—Disbursement procedure: RCW 36.78.110.
Funds to be paid to the several counties pursuant to RCW 46.68.120(4) shall be allocated among them upon the basis of a distribution formula consisting of the following four factors:
(1) An equal distribution factor of ten percent of such funds shall be paid to each county;
(2) A population factor of thirty percent of such funds shall be paid to each county in direct proportion that the county's total equivalent population, as computed pursuant to RCW 46.68.124(1), is to the total equivalent population of all counties;
(3) A road cost factor of thirty percent of such funds shall be paid to each county in direct proportion that the county's total annual road cost, as computed pursuant to RCW 46.68.124(2), is to the total annual road costs of all counties;
(4) A money need factor of thirty percent of such funds shall be paid to each county in direct proportion that the county's money need factor, as computed pursuant to RCW 46.68.124(3), is to the total of money need factors of all counties.
[ 1982 c 33 s 2. ]
(1) The equivalent population for each county shall be computed as the sum of the population residing in the county's unincorporated area plus twenty-five percent of the population residing in the county's incorporated area. Population figures required for the computations in this subsection shall be certified by the director of the office of financial management on or before July 1st of each odd-numbered year.
(2) The total annual road cost for each county shall be computed as the sum of one twenty-fifth of the total estimated county road replacement cost, plus the total estimated annual maintenance cost. Appropriate costs for bridges and ferries shall be included. The county road administration board shall be responsible for establishing a uniform system of roadway categories for both maintenance and construction and also for establishing a single statewide cost per mile rate for each roadway category. The total annual cost for each county will be based on the established statewide cost per mile and associated mileage for each category. The mileage to be used for these computations shall be as shown in the county road log as maintained by the county road administration board as of July 1, 1985, and each two years thereafter. Each county shall be responsible for submitting changes, corrections, and deletions as regards the county road log to the county road administration board. Such changes, corrections, and deletions shall be subject to verification and approval by the county road administration board prior to inclusion in the county road log.
(3) The money need factor for each county shall be the county's total annual road cost less the following four amounts:
(a) One-half the sum of the actual county road tax levied upon the valuation of all taxable property within the county road districts pursuant to RCW 36.82.040, including any amount of such tax diverted under chapter 39.89 RCW, for the two calendar years next preceding the year of computation of the allocation amounts as certified by the department of revenue;
(b) One-half the sum of all funds received by the county road fund from the federal forest reserve fund pursuant to RCW 28A.520.010 and 28A.520.020 during the two calendar years next preceding the year of computation of the allocation amounts as certified by the state treasurer;
(c) One-half the sum of timber excise taxes received by the county road fund pursuant to chapter 84.33 RCW in the two calendar years next preceding the year of computation of the allocation amounts as certified by the state treasurer;
(d) One-half the sum of motor vehicle license fees and motor vehicle and special fuel taxes refunded to the county, pursuant to RCW 46.68.080 during the two calendar years next preceding the year of computation of the allocation amounts as certified by the state treasurer.
(4) The state treasurer and the department of revenue shall furnish to the county road administration board the information required by subsection (3) of this section on or before July 1st of each odd-numbered year.
(5) The county road administration board, shall compute and provide to the counties the allocation factors of the several counties on or before September 1st of each year based solely upon the sources of information herein before required: PROVIDED, That the allocation factor shall be held to a level not more than five percent above or five percent below the allocation factor in use during the previous calendar year. Upon computation of the actual allocation factors of the several counties, the county road administration board shall provide such factors to the state treasurer to be used in the computation of the counties' fuel tax allocation for the succeeding calendar year. The state treasurer shall adjust the fuel tax allocation of each county on January 1st of every year based solely upon the information provided by the county road administration board.
[ 2001 c 212 s 28; 1990 c 33 s 586. Prior: 1985 c 120 s 2; 1985 c 7 s 113; 1982 c 33 s 3. ]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
(1) The state treasurer shall make four equal distributions by the last day of September, December, March, and June of each fiscal year to cities and counties based on the following allocations:
(a) For fiscal years 2016 and 2017, five million four hundred sixty-nine thousand dollars from the motor vehicle fund created under RCW 46.68.070 and six million two hundred fifty thousand dollars from the multimodal transportation account created under RCW 47.66.070.
(b) For fiscal year 2018 and thereafter, eleven million seven hundred nineteen thousand dollars from the motor vehicle fund created under RCW 46.68.070 and thirteen million three hundred ninety-three thousand dollars from the multimodal transportation account created under RCW 47.66.070.
(2) The amounts provided in subsection (1)(a) and (b) of this section must be proportioned evenly between cities and counties. Funds credited to cities must be distributed under RCW 46.68.110(4). Funds credited to counties must be allocated under RCW 46.68.120(4).
[ 2015 3rd sp.s. c 44 s 331. ]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
The tax amount distributed to the state in the manner provided by RCW 46.68.090, and all moneys accruing to the motor vehicle fund from any other source, less such sums as are properly appropriated and reappropriated for expenditure for costs of collection and administration thereof, shall be expended, subject to proper appropriation and reappropriation, solely for highway purposes of the state, including the purposes of RCW 47.30.030. For the purposes of this section, the term "highway purposes of the state" does not include those expenditures of the Washington state patrol heretofore appropriated or reappropriated from the motor vehicle fund. Nothing in this section or in RCW 46.68.090 may be construed so as to violate terms or conditions contained in highway construction bond issues authorized by statute as of July 1, 1999, or thereafter and whose payment is, by the statute, pledged to be paid from excise taxes on motor vehicle fuel and special fuels.
[ 1999 c 269 s 4; 1981 c 342 s 11; 1974 ex.s. c 9 s 1; 1972 ex.s. c 103 s 7; 1971 ex.s. c 91 s 6; 1963 c 83 s 1; 1961 ex.s. c 7 s 9; 1961 c 12 s 46.68.130. Prior: 1957 c 271 s 4; 1957 c 105 s 3; 1941 c 246 s 1; 1939 c 181 s 6; Rem. Supp. 1941 s 6600-26. ]
NOTES:
Effective date—1999 c 269: See note following RCW 36.78.070.
Effective date—1981 c 342: See note following RCW 46.68.030.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
By July 1, 2006, and each year thereafter, the state treasurer shall transfer two and one-half million dollars from the multimodal account to the transportation infrastructure account created under RCW 82.44.190. The funds must be distributed for rail capital improvements only.
[ 2006 c 337 s 4; 2005 c 314 s 111. ]
NOTES:
Part headings not law—2005 c 314: See note following RCW 46.68.035.
There is hereby created in the motor vehicle fund the RV account. All moneys hereafter deposited in said account shall be used by the department of transportation for the construction, maintenance, and operation of recreational vehicle sanitary disposal systems at safety rest areas in accordance with the department's highway system plan as prescribed in chapter 47.06 RCW. During the 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the RV account to the motor vehicle fund such amounts as reflect the excess fund balance of the RV account to accomplish the purposes identified in this section. During the 2025-2027 fiscal biennium, the legislature may appropriate from the RV account such amounts as reflect the excess fund balance of the RV account for a vehicle flood relief program under the state military department.
[ 2026 c 257 s 704; 2013 c 306 s 705; 2011 c 367 s 715; 2009 c 470 s 701; 2007 c 518 s 701; 1996 c 237 s 2; 1980 c 60 s 3. ]
NOTES:
Effective date—2026 c 257: See note following RCW 46.01.385.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2011 c 367: See note following RCW 46.68.060.
Effective date—2009 c 470: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 2009]." [ 2009 c 470 s 802.]
Severability—2007 c 518: "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." [ 2007 c 518 s 1101.]
Effective date—2007 c 518: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2007]." [ 2007 c 518 s 1102.]
Effective date—1980 c 60: See note following RCW 47.38.050.
Additional license fees for recreational vehicles: RCW 46.17.375 and 47.01.460.
(1) The abandoned recreational vehicle disposal account is created in the state treasury. All receipts from the fee imposed in RCW 46.17.380 must be deposited into the account. The account may receive fund transfers and appropriations from the general fund, as well as gifts, grants, and endowments from public or private sources, in trust or otherwise, for the use and benefit of the purposes of chapter 287, Laws of 2018 and expend any income according to the terms of the gifts, grants, or endowments, provided that those terms do not conflict with any provisions of this section or any guidelines developed to prioritize reimbursement of removal projects associated with chapter 287, Laws of 2018.
(2) Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the department to reimburse registered tow truck operators and licensed dismantlers for up to 100 percent of the total reasonable and auditable administrative costs for transport, dismantling, and disposal of abandoned recreational vehicles under RCW 46.53.010 when the last registered owner is unknown after a reasonable search effort. Compliance with RCW 46.55.100 is considered a reasonable effort to locate the last registered owner of the abandoned recreational vehicle. Any funds received by the registered tow truck operators or licensed dismantlers through collection efforts from the last owner of record shall be turned over to the department for vehicles reimbursed under RCW 46.53.010.
(3) Funds in the account resulting from transfers from the general fund must be used to reimburse 100 percent of eligible costs up to a limit of $10,000 per vehicle for which cost reimbursements are requested.
(4) In each fiscal biennium, beginning in the 2019-2021 fiscal biennium and through December 31, 2025, up to 15 percent of the expenditures from the account may be used for administrative expenses of the department in implementing this chapter. Beginning January 1, 2026, up to 10 percent of the expenditures from the account may be used for administrative expenses of the department in implementing this chapter.
[ 2025 c 417 s 110; 2018 c 287 s 6. ]
NOTES:
Effective date—2025 c 417 ss 104, 105, 107-110, 201-206, 301-303, 604, and 903: See note following RCW 46.17.355.
Applicability—2025 c 417 ss 104, 105, and 107-110: See note following RCW 46.17.355.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Findings—Implementation—Effective date—2018 c 287: See notes following RCW 46.55.400.
The department of licensing services account is created in the motor vehicle fund. Except as provided in RCW 46.17.025, all receipts from service fees received under RCW 46.17.025 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for:
(1) Information and service delivery systems for the department;
(2) Reimbursement of county licensing activities; and
(3) County auditor or other agent and subagent support including, but not limited to, the replacement of department-owned equipment in the possession of county auditors or other agents and subagents appointed by the director.
[ 2025 c 299 s 18; 2011 c 367 s 719; 2010 c 161 s 807; 2009 c 470 s 712; 2009 c 8 s 503; 1992 c 216 s 5. ]
NOTES:
Effective date—2025 c 299 ss 17 and 18: See note following RCW 46.17.025.
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2011 c 367 ss 703, 704, 716, and 719: See note following RCW 46.18.060.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2009 c 470: See note following RCW 46.68.170.
Effective date—2009 c 8: See note following RCW 46.68.065.
Funds that are distributed to counties, cities, or towns pursuant to this chapter may be transferred by the recipient county, city, or town to another unit of local government pursuant to a government service agreement as provided in RCW 36.115.040 and 36.115.050.
[ 1994 c 266 s 9. ]
The highway infrastructure account is hereby created in the motor vehicle fund. Public and private entities may deposit moneys in the highway infrastructure account from federal, state, local, or private sources. Proceeds from bonds or other financial instruments sold to finance surface transportation projects from the highway infrastructure account shall be deposited into the account. Principal and interest payments made on loans from the highway infrastructure account shall be deposited into the account. Moneys in the account shall be available for purposes specified in RCW 82.44.195. Expenditures from the highway infrastructure account shall be subject to appropriation by the legislature. To the extent required by federal law or regulations promulgated by the United States secretary of transportation, the state treasurer is authorized to create separate subaccounts within the highway infrastructure account.
[ 1996 c 262 s 3. ]
NOTES:
Transportation infrastructure account—Highway infrastructure account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
The vehicle licensing fraud account is created in the state treasury. From penalties and fines imposed under RCW 46.16A.030, 47.68.255, and 88.02.400, an amount equal to the taxes and fees owed shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for vehicle license fraud enforcement and collections by the Washington state patrol and the department of revenue.
[ 2010 c 161 s 1129; 1996 c 184 s 6. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1996 c 184: See note following RCW 46.16A.030.
The impaired driving safety account is created in the custody of the state treasurer. All receipts from fees collected under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) shall be deposited according to RCW 46.68.041. Expenditures from this account may be used only to fund projects to reduce impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to driving and boating while under the influence of intoxicating liquor or any drug. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation.
[ 2004 c 95 s 16; 1998 c 212 s 2. ]
(1) The transportation 2003 account (nickel account) is hereby created in the motor vehicle fund. Money in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as transportation 2003 projects or improvements in the omnibus transportation budget and to pay the principal and interest on the bonds authorized for transportation 2003 projects or improvements. Upon completion of the projects or improvements identified as transportation 2003 projects or improvements, moneys deposited in this account must only be used to pay the principal and interest on the bonds authorized for transportation 2003 projects or improvements, and any funds in the account in excess of the amount necessary to make the principal and interest payments may be used for maintenance on the completed projects or improvements.
(2) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the transportation 2003 account (nickel account) to the move ahead WA account and the motor vehicle fund.
(3) The "nickel account" means the transportation 2003 account.
[ 2026 c 257 s 705; 2025 c 416 s 707; 2019 c 416 s 706; 2017 c 313 s 708; 2015 3rd sp.s. c 43 s 603; 2003 c 361 s 601. ]
NOTES:
Effective date—2026 c 257: See note following RCW 46.01.385.
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2015 3rd sp.s. c 43: See note following RCW 46.68.030.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
(1) The transportation partnership account is hereby created in the motor vehicle account [fund]. All distributions to the account from RCW 46.68.090 must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as 2005 transportation partnership projects or improvements in the omnibus transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements.
(2) The legislature finds that:
(a) Citizens demand and deserve accountability of transportation-related programs and expenditures. Transportation-related programs must continuously improve in quality, efficiency, and effectiveness in order to increase public trust;
(b) Transportation-related agencies that receive tax dollars must continuously improve the way they operate and deliver services so citizens receive maximum value for their tax dollars; and
(c) Fair, independent, comprehensive performance audits of transportation-related agencies overseen by the elected state auditor are essential to improving the efficiency, economy, and effectiveness of the state's transportation system.
(3) For purposes of chapter 314, Laws of 2005:
(a) "Performance audit" means an objective and systematic assessment of a state agency or agencies or any of their programs, functions, or activities by the state auditor or designee in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.
(b) "Transportation-related agency" means any state agency, board, or commission that receives funding primarily for transportation-related purposes. At a minimum, the department of transportation, the transportation improvement board or its successor entity, the county road administration board or its successor entity, and the traffic safety commission are considered transportation-related agencies. The Washington state patrol and the department of licensing shall not be considered transportation-related agencies under chapter 314, Laws of 2005.
(4) Within the authorities and duties under chapter 43.09 RCW, the state auditor shall establish criteria and protocols for performance audits. Transportation-related agencies shall be audited using criteria that include generally accepted government auditing standards as well as legislative mandates and performance objectives established by state agencies. Mandates include, but are not limited to, agency strategies, timelines, program objectives, and mission and goals as required in RCW 43.88.090.
(5) Within the authorities and duties under chapter 43.09 RCW, the state auditor may conduct performance audits for transportation-related agencies. The state auditor shall contract with private firms to conduct the performance audits.
(6) The audits may include:
(a) Identification of programs and services that can be eliminated, reduced, consolidated, or enhanced;
(b) Identification of funding sources to the transportation-related agency, to programs, and to services that can be eliminated, reduced, consolidated, or enhanced;
(c) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
(d) Analysis and recommendations for pooling information technology systems used within the transportation-related agency, and evaluation of information processing and telecommunications policy, organization, and management;
(e) Analysis of the roles and functions of the transportation-related agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority;
(f) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the transportation-related agency carry out reasonably and properly those functions vested in the agency by statute;
(g) Verification of the reliability and validity of transportation-related agency performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090;
(h) Identification of potential cost savings in the transportation-related agency, its programs, and its services;
(i) Identification and recognition of best practices;
(j) Evaluation of planning, budgeting, and program evaluation policies and practices;
(k) Evaluation of personnel systems operation and management;
(l) Evaluation of purchasing operations and management policies and practices;
(m) Evaluation of organizational structure and staffing levels, particularly in terms of the ratio of managers and supervisors to nonmanagement personnel; and
(n) Evaluation of transportation-related project costs, including but not limited to environmental mitigation, competitive bidding practices, permitting processes, and capital project management.
(7) Within the authorities and duties under chapter 43.09 RCW, the state auditor must provide the preliminary performance audit reports to the audited state agency for comment. The auditor also may seek input on the preliminary report from other appropriate officials. Comments must be received within 30 days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; the agency's response and conclusions; and identification of best practices.
(8) The state auditor shall provide final performance audit reports to the citizens of Washington, the governor, the joint legislative audit and review committee, the appropriate legislative committees, and other appropriate officials. Final performance audit reports shall be posted on the internet.
(9) The audited transportation-related agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons.
The office of financial management shall require periodic progress reports from the audited agency until all resolution has occurred. The office of financial management is responsible for achieving audit resolution. The office of financial management shall annually report by December 31st the status of performance audit resolution to the appropriate legislative committees and the state auditor. The legislature shall consider the performance audit results in connection with the state budget process.
The auditor may request status reports on specific audits or findings.
(10) For the period from July 1, 2005, until June 30, 2007, the amount of $4,000,000 is appropriated from the transportation partnership account to the state auditors office for the purposes of subsections (2) through (9) of this section.
(11) During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the transportation partnership account to the motor vehicle account [fund], the move ahead WA account, and the Tacoma Narrows toll bridge account.
[ 2025 c 416 s 708; 2023 c 472 s 707; 2022 c 157 s 16; 2021 c 333 s 713; 2020 c 219 s 705; 2019 c 416 s 707; 2017 c 313 s 709; 2015 3rd sp.s. c 43 s 604; 2006 c 337 s 5; 2005 c 314 s 104. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2020 c 219: See note following RCW 46.68.310.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2015 3rd sp.s. c 43: See note following RCW 46.68.030.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: "Sections 101 through 107, 109, 303 through 310 [309], and 401 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005." [ 2005 c 314 s 405.]
Part headings not law—2005 c 314: See note following RCW 46.68.035.
During the 2007-2009 fiscal biennium, the legislature may transfer from the transportation partnership account to the transportation 2003 account (nickel account) such amounts as reflect the excess fund balance of the transportation partnership account.
[ 2009 c 8 s 505. ]
NOTES:
Effective date—2009 c 8: See note following RCW 46.68.065.
(1) On July 1, 2006, and by each July 1st thereafter, the state treasurer shall transfer from the transportation partnership account created in RCW 46.68.290:
(a) One million dollars to the small city pavement and sidewalk account created in RCW 47.26.340;
(b) Two and one-half million dollars to the transportation improvement account created in RCW 47.26.084; and
(c) One and one-half million dollars to the county arterial preservation account created in RCW 46.68.090(2)(i).
(2) On July 1, 2006, the state treasurer shall transfer six million dollars from the transportation partnership account created in RCW 46.68.290 into the freight mobility investment account created in RCW 46.68.300 and by July 1, 2007, and by every July 1st thereafter, three million dollars shall be deposited into the freight mobility investment account.
[ 2006 c 337 s 6. ]
The freight mobility investment account is hereby created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for freight mobility projects that have been recommended by the freight mobility strategic investment board in RCW 47.06A.020 and may include any principal and interest on bonds authorized for the projects or improvements. During the 2023-2025 and 2025-2027 fiscal biennia, the expenditures from the account may also be used for the administrative expenses of the freight mobility strategic investment board.
[ 2025 c 416 s 709; 2024 c 310 s 603. Prior: 2023 c 472 s 708; 2023 c 167 s 8; 2021 c 333 s 711; 2019 c 416 s 714; 2013 c 104 s 3; 2005 c 314 s 105. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2024 c 310: See note following RCW 14.40.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
The freight mobility multimodal account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account shall be used only for freight mobility projects that have been recommended by the freight mobility strategic investment board in RCW 47.06A.020 and may include any principal and interest on bonds authorized for the projects or improvements.
[ 2023 c 167 s 9; 2020 c 219 s 702; 2013 c 104 s 4; 2006 c 337 s 7. ]
NOTES:
Effective date—2020 c 219: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2020]." [ 2020 c 219 s 802.]
Effective date—2006 c 337 s 7: "Section 7 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 24, 2006." [ 2006 c 337 s 16.]
(1) The regional mobility grant program account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the grants provided under RCW 47.66.030.
(2) Beginning with September 2007, by the last day of September, December, March, and June of each year, the state treasurer shall transfer from the multimodal transportation account to the regional mobility grant program account $5,000,000.
(3) Beginning with September 2015, by the last day of September, December, March, and June of each year, the state treasurer shall transfer from the multimodal transportation account to the regional mobility grant program account $6,250,000.
(4) During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys from the regional mobility grant program account to the multimodal transportation account.
[ 2025 c 416 s 710; 2024 c 310 s 604; 2010 c 247 s 702; 2006 c 337 s 8. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2024 c 310: See note following RCW 14.40.020.
Effective date—2010 c 247: See note following RCW 43.19.642.
(1) The rural mobility grant program account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the grants provided under RCW 47.66.100.
(2) Beginning September 2011, by the last day of September, December, March, and June of each year, the state treasurer shall transfer from the multimodal transportation account to the rural mobility grant program account two million five hundred thousand dollars.
(3) During the 2015-2017 fiscal biennium, the legislature may transfer from the rural mobility grant program account to the multimodal transportation account such amounts as reflect the excess fund balance of the rural mobility grant program account.
(4) During the 2017-2019, 2019-2021, and 2021-2023 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the rural mobility grant program account to the multimodal transportation account.
[ 2021 c 333 s 708; 2019 c 416 s 708; 2017 c 313 s 710; 2015 1st sp.s. c 10 s 703; 2013 c 306 s 706; 2011 c 367 s 721; 2011 c 272 s 1. ]
NOTES:
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2017 c 313: See note following RCW 43.19.642.
Effective date—2015 1st sp.s. c 10: See note following RCW 43.19.642.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2011 c 367: See note following RCW 46.68.060.
The ignition interlock device revolving account is created in the state treasury. All receipts from the fee assessed under RCW 46.20.385(6) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for administering and operating the ignition interlock device revolving account program, implementing effective strategies to reduce motor vehicle-related deaths and serious injuries, such as those found in the Washington state strategic highway safety plan: Target Zero, and during the 2013-2015 fiscal biennium, the legislature may appropriate moneys from the ignition interlock device revolving account for substance abuse programs for offenders.
[ 2023 c 470 s 1009. Prior: 2013 2nd sp.s. c 35 s 14; 2013 2nd sp.s. c 4 s 986; 2008 c 282 s 3. ]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
(1) The snowmobile account is created within the state treasury. Snowmobile registration fees, monetary civil penalties from snowmobile dealers, and snowmobile fuel tax moneys collected under *this chapter and chapter 46.17 RCW and in excess of the amounts fixed for the administration of the registration and fuel tax provisions of *this chapter must be deposited into the account and must be appropriated only to the state parks and recreation commission for the administration and coordination of *this chapter.
(2) The moneys collected by the department as snowmobile registration fees, monetary civil penalties from snowmobile dealers, and fuel tax moneys placed into the account must be distributed in the following manner:
(a) Actual expenses not to exceed three percent for each year must be retained by the department to cover expenses incurred in the administration of the registration and fuel tax provisions of *this chapter; and
(b) The remainder of funds each year must be remitted to the state treasurer to be deposited into the snowmobile account of the general fund and must be appropriated only to the commission to be expended for snowmobile purposes. Purposes may include, but not necessarily be limited to, the administration, acquisition, development, operation, and maintenance of snowmobile facilities and development and implementation of snowmobile safety, enforcement, and education programs. During the 2013-2015 biennium the legislature may appropriate funds from the account to the department of natural resources for purpose of planning and supporting snowmobile activities on lands purchased by the department in the Yakima river basin.
(3) This section is not intended to discourage any public agency in this state from developing and implementing snowmobile programs. The commission may award grants to public agencies and contract with any public or private agency or person for the purpose of developing and implementing snowmobile programs, as long as the programs are not inconsistent with the rules adopted by the commission.
[ 2013 2nd sp.s. c 19 s 7040; 2010 c 161 s 823; 1991 sp.s. c 13 s 9; 1985 c 57 s 61; 1982 c 17 s 6; 1979 ex.s. c 182 s 7. Formerly RCW 46.10.075. ]
NOTES:
*Reviser's note: The reference to "this chapter" appears to be erroneous. Reference to chapter 46.10 RCW was apparently intended.
Effective date—2013 2nd sp.s. c 19: See note following RCW 43.34.080.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.
At least quarterly, the department shall transmit donations made to the organ and tissue donation awareness account under RCW 46.16A.090(2) to the foundation established for organ and tissue donation awareness purposes by the Washington state organ procurement organizations. All Washington state organ procurement organizations have proportional access to these funds to conduct public education in their service areas.
[ 2010 c 161 s 805. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The license plate technology account is created in the state treasury. All receipts collected under RCW 46.17.015 must be deposited into this account. Expenditures from this account must support current and future license plate technology and systems integration upgrades for both the department and correctional industries. Moneys in the account may be spent only after appropriation. Additionally, the moneys in this account may be used to reimburse the motor vehicle fund for any appropriation made to implement the digital license plate system. During the 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the license plate technology account to the highway safety fund such amounts as reflect the excess fund balance of the license plate technology account. During the 2023-2025 and 2025-2027 fiscal biennia, the account may also be used for the maintenance of recently modernized information technology systems for vehicle registrations.
[ 2025 c 416 s 711; 2023 c 472 s 709; 2021 c 333 s 710; 2019 c 416 s 713; 2013 c 306 s 713; 2011 c 367 s 716; 2010 c 161 s 818; 2009 c 470 s 704; 2007 c 518 s 704; 2003 c 370 s 4. Formerly RCW 46.16.685. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 416: See note following RCW 43.19.642.
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2011 c 367 ss 703, 704, 716, and 719: See note following RCW 46.18.060.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2009 c 470: See note following RCW 46.68.170.
Severability—Effective date—2007 c 518: See notes following RCW 46.68.170.
The special license plate applicant trust account is created in the custody of the state treasurer. All receipts from special license plate applicants must be deposited into the account. Only the director or the director's designee may authorize disbursements from the account. The account is not subject to the allotment procedures under chapter 43.88 RCW, and an appropriation is not required for disbursements.
[ 2011 c 171 s 86; 2010 c 161 s 808. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The connecting Washington account is created in the motor vehicle fund. Moneys in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as connecting Washington projects or improvements in a transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements.
(2) Moneys in the connecting Washington account may not be expended on the state route number 99 Alaskan Way viaduct replacement project.
(3) During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the connecting Washington account to the move ahead WA account and the motor vehicle fund.
[ 2026 c 257 s 706; 2025 c 416 s 712; 2023 c 472 s 710; 2020 c 219 s 707; 2015 3rd sp.s. c 44 s 106. ]
NOTES:
Effective date—2026 c 257: See note following RCW 46.01.385.
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Effective date—2020 c 219: See note following RCW 46.68.310.
Effective date—2015 3rd sp.s. c 44: "Except for sections 103, 105, 108, 110, 323, and 325 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 15, 2015]." [ 2015 3rd sp.s. c 44 s 426.]
The JUDY transportation future funding program account is created in the connecting Washington account established in chapter 44, Laws of 2015 3rd sp. sess. Moneys in the account may be spent only after appropriation. Expenditures from the account must be used only for preservation projects, to accelerate the schedule of connecting Washington projects identified in chapter 43, Laws of 2015 3rd sp. sess., for new connecting Washington projects, and for principal and interest on bonds authorized for the projects. It is the legislature's intent that moneys not be appropriated from the account until 2024 and that moneys in the account be expended in equal amounts between preservation and improvement projects. Moneys in the account may not be expended on the state route number 99 Alaskan Way viaduct replacement project.
[ 2022 c 182 s 435; 2015 3rd sp.s. c 12 s 2. ]
NOTES:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2015 3rd sp.s. c 12: See note following RCW 47.01.480.
The congestion relief and traffic safety account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for purposes related to congestion relief and traffic safety.
[ 2019 c 467 s 7. ]
NOTES:
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
A filing fee established in RCW 46.17.005 must be distributed as follows:
(1) If paid to the county auditor or other agent or subagent appointed by the director, the fee must be distributed to the county treasurer and credited to the county current expense fund except that fifty cents of the fee must be remitted to the department. At least quarterly, the department must distribute an equal share of the remitted funds to each county.
(2) If the fee is paid to another agent of the director, the fee must be used by the agent to defray his or her expenses in handling the application.
(3) If the fee is collected by the state patrol as agent for the director, the fee must be certified to the state treasurer and deposited to the credit of the state patrol highway account.
(4) If the fee is collected by the department of transportation as agent for the director, the fee must be certified to the state treasurer and deposited to the credit of the motor vehicle fund created in RCW 46.68.070.
(5) If the fee is collected by the director or branches of the department, the fee must be certified to the state treasurer and deposited to the credit of the highway safety fund, except that two dollars of the fee must be deposited into the multimodal transportation account if the fee is collected in conjunction with RCW 46.17.350(1) (c) or (k) or 46.17.355.
[ 2019 c 417 s 4; 2010 c 161 s 819. ]
NOTES:
Findings—Intent—2019 c 417: See note following RCW 46.17.040.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
All receipts from the voluntary donation received under RCW 46.16A.090(3) must be deposited in the state parks renewal and stewardship account established in RCW 79A.05.215 to be used for the operation and maintenance of state parks.
[ 2010 c 161 s 806. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The vehicle identification number inspection fee collected under RCW 46.17.130 must be distributed to the state patrol highway account created in RCW 46.68.030.
[ 2023 c 139 s 2; 2022 c 186 s 706; 2010 c 161 s 812. ]
NOTES:
Effective date—2023 c 139: See note following RCW 46.17.130.
Contingent effective date—2022 c 186 s 706: "Section 706 of this act takes effect only if chapter . . . (Substitute Senate Bill No. 5778), Laws of 2022 (addressing the current backlog of vehicle inspections) is not enacted by June 30, 2022." [ 2022 c 186 s 711.]
Effective date—2022 c 186: See note following RCW 47.01.071.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The motor vehicle weight fee imposed under RCW 46.17.365(1) must be deposited every July 1st as follows:
(a) Three million dollars to the freight mobility multimodal account created in RCW 46.68.310; and
(b) The remainder to the multimodal transportation account created in RCW 47.66.070.
(2) The motor vehicle weight fee:
(a) Must be used for transportation purposes;
(b) May not be used for the general support of state government; and
(c) Is imposed to provide funds to mitigate the impact of vehicle loads on the state roads and highways and is separate and distinct from other vehicle license fees. Proceeds from the fee may be used for transportation purposes, or for facilities and activities that reduce the number of vehicles or load weights on the state roads and highways.
(3) The motor home vehicle weight fee imposed under RCW 46.17.365(2) must be deposited in the multimodal transportation account created in RCW 47.66.070.
[ 2010 c 161 s 813. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall:
(a) Collect special license plate fees established under RCW 46.17.220;
(b) Deduct an amount not to exceed $12 for initial issue and two dollars for renewal issue for administration and collection expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the proceeds to the motor vehicle fund until the department determines that the state has been reimbursed for the cost of implementing the special license plate. Upon determination by the department that the state has been reimbursed, the state treasurer shall credit the remaining special license plate fee amounts for each special license plate to the following appropriate account as created in this section in the custody of the state treasurer:
| ACCOUNT | CONDITIONS FOR USE OF FUNDS | | --- | --- | | 4-H programs | Support Washington 4-H programs | | Donate life | Provides funds to life center Northwest to build awareness for organ donation and encourage a positive, inclusive sentiment around organ donation registration | | Firefighter memorial | Provides funds first to the fallen firefighter memorial account for construction and maintenance of the firefighter memorial on the capitol campus with any amounts in excess of what is needed for the firefighter memorial to be provided to the Washington state council of firefighters memorial account | | Fred Hutch | Support cancer research at the Fred Hutchinson cancer research center | | Gonzaga University alumni association | Scholarship funds to needy and qualified students attending or planning to attend Gonzaga University | | Helping kids speak | Provide free diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development | | Historical throwback | Provide funds for expanding and improving driver's education programs and activities | | Law enforcement memorial | Provide support and assistance to survivors and families of law enforcement officers in Washington killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol grounds to honor those fallen officers | | LeMay-America's Car Museum | Provide funds to promote, encourage, and inspire students and the community to understand the role of automobiles in our culture and economy through education, interpretive programs, and job training; to open doors to learning through science, technology, engineering, the arts, and math (STEAM); and to inspire a new generation of skilled trade workers, engineers, designers, artists, and enthusiasts | | Lighthouse environmental programs | Support selected Washington state lighthouses that are accessible to the public and staffed by volunteers; provide environmental education programs; provide grants for other Washington lighthouses to assist in funding infrastructure preservation and restoration; encourage and support interpretive programs by lighthouse docents | | Mount St. Helens | Promote education, stewardship, and science at Mount St. Helens through the Mount St. Helens institute | | Music matters awareness | Promote music education in schools throughout Washington | | Nautical Northwest | Support historic resources of Whidbey Island's maritime communities | | Patches pal, or alternative name as designated by the department under RCW 46.04.383 | Provide funds to the Seattle children's hospital strong against cancer program | | San Juan Islands programs | Provide funds to the Madrona institute | | Seattle Mariners | Provide funds to the Mariners care foundation, or its successor organization | | Seattle NHL hockey | Provide funds to the NHL Seattle foundation and to support the boundless Washington program in the following manner: (a) 50 percent to the NHL Seattle foundation, or its successor organization, to help marginalized youth succeed in life through increased access to sports and other opportunities; (b) 25 percent to the Washington state leadership board solely to administer the boundless Washington program to facilitate opportunities for young people with physical and sensory disabilities to enjoy and experience the outdoors; and (c) 25 percent to the NHL Seattle foundation, or its successor organization, for providing financial support to allow youth to participate in hockey | | Seattle Reign FC | Provide funds to the RAVE foundation to inspire youth in underserved communities using soccer as a vehicle | | Seattle Seahawks | Provide funds to the Seattle Seahawks charitable foundation and to support the Washington state leadership board in the following manner: (a) Seventy-five percent to the Seattle Seahawks charitable foundation; and (b) 25 percent to the Washington state leadership board | | Seattle Sounders FC | Provide funds to the RAVE foundation and to support the Washington state leadership board in the following manner: (a) 75 percent to the RAVE foundation; and (b) 25 percent to the Washington state leadership board | | Seattle Storm | Provide funds to the Washington state legislative youth advisory council and the Washington state leadership board in the following manner: $25,000 per year of the net proceeds to the legislative youth advisory council, or its successor organization; and the remaining net proceeds on an annual basis, to the Washington state leadership board for the purpose of providing grants to support and enhance athletic, recreational, and other opportunities for women and girls, and especially those with disabilities | | Seattle University | Fund scholarships for students attending or planning to attend Seattle University | | Share the road | Promote bicycle safety and awareness education in communities throughout Washington | | Ski & ride Washington | Promote winter snowsports, such as skiing and snowboarding, and related programs, such as ski and ride safety programs, underprivileged youth ski and ride programs, and active, healthy lifestyle programs | | State flower | Support Meerkerk Rhododendron Gardens and provide for grants to other qualified nonprofit organizations' efforts to preserve rhododendrons | | State sport | Provide funds to be placed in a trust account managed by the Seattle metro pickleball association to be used exclusively for the construction and maintenance of dedicated pickleball courts | | Volunteer firefighters | Receive and disseminate funds for purposes on behalf of volunteer firefighters, their families, and others deemed in need | | Washington apples | Provide scholarship funding to the tree fruit industry's official charity, the Washington apple education foundation, which provides financial support, professional employment preparedness training, and mentorship to students with ties to the apple industry pursuing a higher education | | Washington farmers and ranchers | Provide funds to the Washington FFA Foundation for educational programs in Washington state | | Washington state aviation | Provide funds to the department of transportation to support infrastructure improvements at public use airports in Washington state | | Washington state council of firefighters benevolent fund | Receive and disseminate funds for charitable purposes on behalf of members of the Washington state council of firefighters, their families, and others deemed in need | | Washington state honey bees and pollinators | Provide funds to the Washington state beekeepers association to support research and educational activities and materials about honey bees and pollinators within Washington state | | Washington state wrestling | Provide funds to the Washington state wrestling foundation to fund new and existing college wrestling programs | | Washington tennis | Provide funds to cities to assist in the construction and maintenance of a public tennis facility with at least four indoor tennis courts. A city is eligible for construction funds if the city does not already have a public or private facility with at least four indoor tennis courts. Funds for construction must first be made available to the most populous eligible city, according to the most recent census, for a time period not to exceed five years after January 1, 2017. After the five-year time period, the funds for construction must be made available to the next most populous eligible city. Funds for the maintenance of a public tennis facility with at least four indoor tennis courts must first be made available to the first eligible city that utilizes funds for construction provided by chapter 16, Laws of 2016 | | Washington wine | Provide funds to the state of Washington tourism to promote tourism throughout Washington state | | Washington's national park fund | Build awareness of Washington's national parks and support priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks | | We love our pets | Support and enable the Washington federation of animal welfare and control agencies to promote and perform spay/neuter surgery of Washington state pets in order to reduce pet population | | Working forests | Provide funds to the Washington tree farm program to support small forest landowners to sustainably manage over 400,000 acres of private forestland |
(3) Except as otherwise provided in this section, only the director or the director's designee may authorize expenditures from the accounts described in subsection (2) of this section. The accounts are subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(4) Except as otherwise provided in this section, funds in the special license plate accounts described in subsection (2) of this section must be disbursed subject to the conditions described in subsection (2) of this section and under contract between the department and qualified nonprofit organizations that provide the services described in subsection (2) of this section.
(5) Funds from the Seattle Seahawks account may be provided to the Washington state leadership board solely for the purpose of administering the Washington world fellows program. Of the amounts received by the Washington state leadership board under this subsection, at least 90 percent must be provided as fellowships under the program.
(6) Beginning January 1, 2019, funds from the Seattle Mariners account may be provided to the Washington state leadership board solely for the purpose of administering the sports mentoring program. Of the amounts received by the Washington state leadership board, at least 90 percent must be applied towards services directly provided to youth participants.
(7) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation operating in Washington that has received a determination of tax exempt status under 26 U.S.C. Sec. 501(c)(3). The qualified nonprofit organization must meet all the requirements under RCW 46.18.100(1).
[ 2025 c 385 s 6. Prior: 2022 c 239 s 3; 2022 c 117 s 3; 2022 c 96 s 4; prior: 2020 c 129 s 3; 2020 c 93 s 3; prior: 2019 c 384 s 3; 2019 c 177 s 3; 2018 c 67 s 2; prior: 2017 c 25 s 3; 2017 c 11 s 4; prior: 2016 c 36 s 3; 2016 c 16 s 3; 2016 c 15 s 3; 2014 c 6 s 3; 2013 c 286 s 3; 2012 c 65 s 5; prior: 2011 c 229 s 4; 2011 c 225 s 3; 2011 c 171 s 87; 2010 c 161 s 809. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
Effective date—2022 c 239: See note following RCW 46.17.220.
Effective date—2022 c 117: See note following RCW 46.17.220.
Findings—Effective date—2022 c 96: See notes following RCW 43.388.010.
Effective date—2020 c 129: See note following RCW 46.17.220.
Effective date—2020 c 93: See note following RCW 46.18.200.
Effective date—2019 c 384: See note following RCW 46.18.200.
Effective date—2019 c 177: See note following RCW 46.18.200.
Effective date—2017 c 25: See note following RCW 46.18.200.
Finding—Intent—2017 c 11: See note following RCW 46.18.200.
Effective date—2016 c 36: See note following RCW 46.18.200.
Effective date—2016 c 16: See note following RCW 46.18.200.
Effective date—2016 c 15: See note following RCW 46.18.200.
Effective date—2014 c 6: See note following RCW 46.18.200.
Effective date—2013 c 286: See note following RCW 46.18.200.
Effective date—2012 c 65: See note following RCW 46.18.200.
Effective date—2011 c 229: See note following RCW 46.18.200.
Effective date—2011 c 225: See note following RCW 46.18.200.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall:
(a) Collect special license plate fees established under RCW 46.17.220;
(b) Deduct an amount not to exceed $12 for initial issue and $2 for renewal issue for administration and collection expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the proceeds to the motor vehicle fund until the department determines that the state has been reimbursed for the cost of implementing the special license plate. Upon determination by the department that the state has been reimbursed, the state treasurer shall credit the remaining special license plate fees to the following accounts by special license plate type:
| SPECIAL LICENSE PLATE TYPE | ACCOUNT | CONDITIONS FOR USE OF FUNDS | | --- | --- | --- | | Armed forces | RCW 43.60A.140 | As specified in RCW 43.60A.140(4) | | Breast cancer awareness | RCW 43.70.327 | Must be used only by the department of health for efforts consistent with the breast, cervical, and colon health program | | Endangered wildlife | RCW 77.12.170 | Must be used only for the department of fish and wildlife's endangered wildlife program activities | | Historical throwback | RCW 46.68.060 | Provides funds for expanding and improving driver's education programs and activities | | Keep kids safe | RCW 43.121.100 | As specified in RCW 43.121.100 | | Keep Washington evergreen | RCW 82.44.200 | Support of electric charging stations throughout Washington | | Purple Heart | RCW 43.60A.140 | As specified in RCW 43.60A.140(4) | | Smokey Bear wildfire prevention | RCW 76.04.511 | Only for the department of natural resources to use for wildfire prevention programs | | United States Naval Academy | RCW 43.60A.140 | As specified in RCW 43.60A.140(4) | | Washington state parks | RCW 79A.05.059 | Provide public educational opportunities and enhancement of Washington state parks | | Washington's fish collection | RCW 77.12.170 | Only for the department of fish and wildlife's use to support steelhead species management activities including, but not limited to, activities supporting conservation, recovery, and research to promote healthy, fishable steelhead | | Washington's wildlife collection | RCW 77.12.170 | Only for the department of fish and wildlife's game species management activities | | Wild on Washington | RCW 77.12.170 | Dedicated to the department of fish and wildlife's watchable wildlife activities, as defined in RCW 77.32.560 |
[ 2025 c 385 s 7. Prior: 2016 c 31 s 3; 2016 c 30 s 4; 2014 c 77 s 3; 2011 c 171 s 88; 2010 c 161 s 810. ]
NOTES:
Effective date—2025 c 385 ss 3-24: See note following RCW 44.04.300.
Short title—2025 c 385: See note following RCW 46.18.060.
Effective date—2016 c 31: See note following RCW 46.18.280.
Effective date—2016 c 30: See note following RCW 46.18.200.
Effective date—2014 c 77: See note following RCW 46.18.200.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) The department shall:
(a) Collect special license plates fees established under RCW 46.17.220(6);
(b) Deduct an amount not to exceed twelve dollars for initial issue and two dollars for renewal issue for administration and collection expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the remaining special license plate fees to the following accounts by special license plate type:
| SPECIAL LICENSE PLATE TYPE | ACCOUNT | PURPOSE | | --- | --- | --- | | Collegiate | RCW 28B.10.890 | Student scholarships |
[ 2018 c 67 s 6; 2010 c 161 s 811. ]
NOTES:
Effective date—2018 c 67 ss 3-8: See note following RCW 46.17.220.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) All revenue derived from personalized license plate fees provided for in RCW 46.17.210 must be forwarded to the state treasurer and deposited as follows:
(a) Ten dollars to the limited fish and wildlife account and used for the management of resources associated with the nonconsumptive use of wildlife;
(b) Two dollars to the wildlife rehabilitation account created under RCW 77.12.471; and
(c) The remainder to the limited fish and wildlife account to be used for the preservation, protection, perpetuation, and enhancement of nongame species of wildlife including, but not limited to, song birds, raptors, protected wildlife, rare and endangered wildlife, aquatic life, and specialized-habitat types, both terrestrial and aquatic, as well as all unclassified marine fish, shellfish, and marine invertebrates.
(2) Administrative costs incurred by the department as a direct result of administering the personalized license plate program must be appropriated by the legislature from the limited fish and wildlife account from those funds deposited in the account resulting from the sale of personalized license plates. If the actual costs incurred by the department are less than that which has been appropriated by the legislature, the remainder must revert to the limited fish and wildlife account.
[ 2020 c 148 s 4; 2010 c 161 s 821. ]
NOTES:
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The emergency medical services fee imposed under RCW 46.17.110 must be distributed as follows:
(1) If collected by a vehicle dealer, the vehicle dealer must keep two dollars and fifty cents as an administrative fee and the remainder must be deposited in the emergency medical services and trauma care system trust account created in RCW 70.168.040; and
(2) If not collected by a vehicle dealer, the fee must be deposited in the emergency medical services and trauma care system trust account created in RCW 70.168.040.
[ 2010 c 161 s 820. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The parking ticket surcharge imposed under RCW 46.17.030 must be distributed as follows:
(1) Ten dollars to the motor vehicle fund created in RCW 46.68.070 to be used exclusively for the administrative costs of the department; and
(2) Five dollars to be retained by the department, county auditor or other agent, or subagent appointed by the director handling the renewal application to be used for the administration of the parking ticket program.
[ 2010 c 161 s 816. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The department temporary license plate fee imposed under RCW 46.17.400(1)(b) must be distributed as follows:
(1) If collected by the department, the fee must be distributed under RCW 46.68.030; and
(2) If collected by the county auditor or other agent or subagent, the fee must be distributed to the county current expense fund.
[ 2022 c 132 s 7; 2010 c 161 s 814. ]
NOTES:
Effective date—2022 c 132: See note following RCW 46.04.2701.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The vehicle trip permit fee imposed under RCW 46.17.400(1)(h) must be distributed as follows:
(1) Five dollars to the state patrol highway account for commercial motor vehicle inspections;
(2) Five dollars to the motor vehicle fund created in RCW 46.68.070 to be distributed as follows:
(a) If paid by motor carriers, to be used for supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks programs; and
(b) If paid by a person other than a motor carrier, to be used for supporting congestion relief programs;
(3) A one dollar excise tax to the state general fund;
(4) The amount of the filing fee imposed under RCW 46.17.005(1) to be credited as required under RCW 46.68.400; and
(5) The remainder to the credit of the motor vehicle fund created in RCW 46.68.070 as an administrative fee.
The administrative fee must be increased or decreased in an equal amount if the amount of the filing fee imposed under RCW 46.17.005(1) increases or decreases, so that the total trip permit fee is adjusted equally to compensate.
[ 2011 c 171 s 89; 2010 c 161 s 815. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The special fuel trip permit fee imposed under RCW 46.17.400(1)(f) for special fuel trip permits issued under RCW 82.38.100 must be distributed as follows:
(1) One dollar to be retained by the county auditor or businesses appointed by the department to defray expenses incurred in handling and selling special fuel trip permits;
(2) Five dollars to the state patrol highway account to be used for commercial motor vehicle inspections;
(3) Five dollars to the motor vehicle fund to be distributed as follows:
(a) If paid by motor carriers, to be used for supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program;
(b) If paid by a person other than a motor carrier, to be used for supporting congestion relief programs; and
(4) Nineteen dollars to the credit of the motor vehicle fund created in RCW 46.68.070.
[ 2010 c 161 s 817. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Whenever the department enters into a contract with the governing body of a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW and is operating a public transportation system for the collection of congestion reduction charges authorized under *RCW 82.80.055:
(1) The contract must require that the governing body provide any information specified by the department to identify the vehicle owners who owe the congestion reduction charges, and must specify that it is the responsibility of the governing body to ensure that the congestion reduction charges are appropriately applied;
(2) The department is not responsible for the collection of congestion reduction charges until a date agreed to by both parties as specified in the contract;
(3) The department shall deduct a percentage amount as provided in the contract, not to exceed three percent of the charges collected, necessary to reimburse the department for the costs incurred for the collection of the congestion reduction charges; and
(4) The department shall remit remaining proceeds to the custody of the state treasurer. The state treasurer shall distribute the proceeds to the governing body on a monthly basis.
[ 2011 c 373 s 3. ]
NOTES:
*Reviser's note: RCW 82.80.055 expired December 31, 2014.
Intent—2011 c 373: "The legislature recognizes that public transportation provides many benefits to the citizens of the state and the environment, including through public transportation's ability to alleviate congestion and offset the burdens placed by general vehicular traffic on the state's transportation infrastructure. In these challenging economic times, many transit agencies find themselves struggling to continue to provide a level of service that reduces congestion.
The legislature further recognizes that King county conducted a regional transit task force in 2010 that considered a policy framework for the potential future growth and, if necessary, contraction of King county's transit system. The task force members were selected to represent a broad diversity of interests and perspectives. The task force recommendations, which were unanimously accepted, addressed key elements, such as the adoption of performance measures, controlling operating costs, developing policy guidance for making service reductions, and clear and transparent guidelines for service allocation. As a result of the work done by the task force and King county's commitment to comply with the recommendations, it is the intent of the legislature that King county be provided the opportunity to impose a temporary congestion reduction charge, which is separate and distinct from the base motor vehicle license fee, that can help address its revenue shortfalls during this economic crisis and allow it to continue reducing congestion and the corresponding burdens placed on the highway system on some of the state's most crowded corridors.
The legislature recognizes that the title of Initiative Measure No. 1053 states that it applies only to tax and fee increases imposed by state government, and that the text of the initiative requires a two-thirds majority only for tax increases. The legislature further recognizes that Initiative Measure No. 1053 does not apply to local government. Despite these facts, this act requires a two-thirds majority of the metropolitan King county council in order to implement a local option fee, in the form of a congestion reduction charge, to help fund King county metro transit service. Faced with the potential loss of hundreds of thousands of hours of vital transit service, it is the intent of the legislature to provide King county with this temporary local option funding mechanism. It is further the intent of the legislature not to expand the parameters of Initiative Measure No. 1053 beyond what the voters intended and thus interfere with local control or limit the ability of local governments to provide services to the people of Washington." [ 2011 c 373 s 1.]
The Cooper Jones active transportation safety account is created in the state treasury. All receipts from penalties collected under RCW 46.63.220(13)(c) and funds designated by the legislature shall be deposited into the account. Expenditures from the account may be used only to fund grant projects or programs for bicycle, pedestrian, and nonmotorist safety improvement administered by the Washington traffic safety commission. By December 1, 2024, and every two years thereafter, the commission shall report to the transportation committees of the legislature regarding the activities funded from the account. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation.
[ 2024 c 307 s 11; 2023 c 431 s 8; 2022 c 182 s 430; 2020 c 224 s 2. ]
NOTES:
Intent—2023 c 431: See note following RCW 46.17.015.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
The move ahead WA account is created in the motor vehicle fund. Moneys in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as move ahead WA projects or improvements in an omnibus transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements. During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys from the move ahead WA account to the motor vehicle fund, the Puget Sound ferry operations account, the Puget Sound capital construction account, the transportation 2003 account (nickel account), and the transportation partnership account.
[ 2025 c 416 s 713; 2024 c 310 s 605; 2022 c 182 s 401. ]
NOTES:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2024 c 310: See note following RCW 14.40.020.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
The move ahead WA flexible account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for transportation projects, programs, or activities identified as move ahead WA projects, programs, or activities in an omnibus transportation appropriations act.
[ 2022 c 182 s 402. ]
NOTES:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
The intelligent speed assistance device revolving account is created in the state treasury. All receipts from the fee assessed under RCW 46.20.760(5) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for administering and operating the intelligent speed assistance device revolving account program, implementing effective strategies to reduce motor vehicle-related deaths and serious injuries related to excessive speed.
[ 2025 c 228 s 9. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
(1) The driver education safety improvement account is created in the state treasury. The portion of the driver's application fee prescribed under RCW 46.68.041(4)(a), the portion of the driver's instruction permit application fee prescribed under RCW 46.68.041(4)(b), and the portion of the license service fee prescribed under RCW 46.17.025 must be deposited in the account. The account may also receive a portion of the revenue from traffic infraction fines as described under RCW 46.63.200(9). Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for expanding and improving driver's education programs and activities including, but not limited to, the online work zone and first responder safety course under section 2(3), chapter 299, Laws of 2025 [RCW 46.20.1191(3)], the driver training school instructor education opportunities program established in section 10, chapter 299, Laws of 2025 [RCW 46.82.470], the driver training education course voucher program established in section 11, chapter 299, Laws of 2025 [RCW 46.82.480], and the tribal partnership program established in section 13, chapter 299, Laws of 2025 [RCW 46.82.490].
(2) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the driver education safety improvement account to the highway safety fund.
[ 2025 c 416 s 723; 2025 c 299 s 20. ]
NOTES:
Reviser's note: This section was directed to be codified in chapter 46.20 RCW, but placement in chapter 46.68 RCW appears to be more appropriate.
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
The commercial truck safety and education account is created in the custody of the state treasurer. All receipts directed to this account in RCW 46.17.315(2) must be deposited in the account. Expenditures from the account may be used only for activities recommended by the Washington state commercial truck safety and education council created in RCW 43.59.190 to improve the safety of the commercial truck industry and related administrative costs. Only the director of the Washington traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2026 c 61 s 4. ]
NOTES:
Findings—Intent—2026 c 61: See note following RCW 43.59.190.
The legislature finds and declares that the distribution, sale, and lease of vehicles in the state of Washington vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and license vehicle manufacturers, distributors, or wholesalers and factory or distributor representatives, and to regulate and license dealers of vehicles doing business in Washington, in order to prevent frauds, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this state.
[ 2001 c 272 s 1; (2017 c 15 s 2 repealed by 2018 c 273 s 2); 1986 c 241 s 1; 1973 1st ex.s. c 132 s 1; 1967 ex.s. c 74 s 1. ]
NOTES:
Reviser's note: Throughout chapter 46.70 RCW the phrases "this act" and "this amendatory act" have been changed to "this chapter." This 1967 act or amendatory act [1967 ex.s. c 74] consisted of RCW 46.70.005 through 46.70.042, 46.70.051, 46.70.061, 46.70.081 through 46.70.083, 46.70.101 through 46.70.111, and 46.70.180 through 46.70.910, the 1967 amendments to RCW 46.70.060 and 46.70.070, and the repeal of RCW 46.70.010 through 46.70.050, 46.70.080, 46.70.100, and 46.70.110.
Emergency—Effective date—1967 ex.s. c 74: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and sections 1 through 3 and sections 16 through 25 shall take effect immediately. Sections 4 through 15 and sections 26 through 30 inclusive shall take effect on July 1, 1967." [ 1967 ex.s. c 74 s 31.]
As used in this chapter:
(1) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of the audience, constituting a series of oral invitations for offers for the purchase of vehicles made by the auctioneer, offers to purchase by members of the audience, and the acceptance of the highest or most favorable offer to purchase.
(2) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity licensed under chapter 18.11 RCW that only sells or offers to sell vehicles at auction or only arranges or sponsors auctions.
(3) "Buyer's agent" means any person, firm, partnership, association, limited liability company, limited liability partnership, or corporation retained or employed by a consumer to arrange for or to negotiate, or both, the purchase or lease of a new motor vehicle on behalf of the consumer, and who is paid a fee or receives other compensation from the consumer for its services.
(4) "Department" means the department of licensing, which shall administer and enforce the provisions of this chapter.
(5) "Director" means the director of licensing.
(6) "Established place of business" means a location meeting the requirements of RCW 46.70.023(1) at which a vehicle dealer conducts business in this state.
(7) "Listing dealer" means a used mobile home dealer who makes contracts with sellers who will compensate the dealer for obtaining a willing purchaser for the seller's mobile home.
(8) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles in whole or in part and further includes the terms:
(a) "Distributor," which means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new and unused vehicle to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering for sale, vehicles to a distributor, wholesaler, or vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes any sales promotion organization, whether a person, firm, or corporation, which is engaged in promoting the sale of new and unused vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting for the sale of their vehicles or for supervising or contracting with their dealers or prospective dealers.
(9) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and which is required to be registered and titled under this title.
(10) "New motor vehicle" means any motor vehicle that is self-propelled and is required to be registered and titled under this title, has not been previously titled to a retail purchaser or lessee, and is not a "used vehicle" as defined under RCW 46.04.660.
(11) "Principal place of business" means that dealer firm's business location in the state, which place the dealer designates as their principal place of business.
(12) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot.
(13) "Retail vehicle dealer" means a vehicle dealer who may buy and sell at both wholesale and retail.
(14) "Subagency" means any place of business of a vehicle dealer within the state, which place is physically and geographically separated from the principal place of business of the firm or any place of business of a vehicle dealer within the state, at which place the firm does business using a name other than the principal name of the firm, or both.
(15) "Temporary subagency" means a location other than the principal place of business or subagency within the state where a licensed vehicle dealer may secure a license to conduct the business and is licensed for a period of time not to exceed ten days for a specific purpose such as auto shows, shopping center promotions, tent sales, exhibitions, or similar merchandising ventures. No more than six temporary subagency licenses may be issued to a licensee in any twelve-month period.
(16) "Vehicle" means and includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(17) "Vehicle dealer" means any person, firm, association, corporation, or trust, not excluded by subsection (18) of this section, engaged in the business of buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the sale of new or used vehicles, or arranging or offering or attempting to solicit or negotiate on behalf of others, a sale, purchase, or exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person. Vehicle dealers shall be classified as follows:
(a) A "motor vehicle dealer" is a vehicle dealer that deals in new or used motor vehicles, or both;
(b) A "mobile home and travel trailer dealer" is a vehicle dealer that deals in mobile homes, park trailers, or travel trailers, or more than one type of these vehicles;
(c) A "miscellaneous vehicle dealer" is a vehicle dealer that deals in motorcycles or vehicles other than motor vehicles or mobile homes and travel trailers or any combination of such vehicles;
(d) A "recreational vehicle dealer" is a vehicle dealer that deals in travel trailers, motor homes, truck campers, or camping trailers that are primarily designed and used as temporary living quarters, are either self-propelled or mounted on or drawn by another vehicle, are transient, are not occupied as a primary residence, and are not immobilized or permanently affixed to a mobile home lot.
(18) "Vehicle dealer" does not include, nor do the licensing requirements of RCW 46.70.021 apply to, the following persons, firms, associations, or corporations:
(a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by, or acting under a judgment or order of, any court; or
(b) Public officers while performing their official duties; or
(c) Employees of vehicle dealers who are engaged in the specific performance of their duties as such employees; or
(d) Any person engaged in an isolated sale of a vehicle in which that person is the registered or legal owner, or both, thereof; or
(e) Any person, firm, association, corporation, or trust, engaged in the selling of equipment other than vehicles, subject to registration, used for agricultural or industrial purposes; or
(f) A real estate broker licensed under chapter 18.85 RCW, or an affiliated licensee, who, on behalf of another negotiates the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase, sale, exchange, rental, or lease of the land upon which the manufactured or mobile home is, or will be, located; or
(g) Owners who are also operators of special highway construction equipment, as defined in RCW 46.04.551, or of the highway construction equipment for which a vehicle license and display vehicle license number plate is required; or
(h) Any bank, trust company, savings bank, mutual savings bank, savings and loan association, credit union, and any parent, subsidiary, or affiliate thereof, authorized to do business in this state under state or federal law with respect to the sale or other disposition of a motor vehicle owned and used in their business; or with respect to the acquisition and sale or other disposition of a motor vehicle in which the entity has acquired an interest as a lessor, lessee, or secured party; or
(i) Any person who is regularly engaged in the business of acquiring leases or installment contracts by assignment, with respect to the acquisition and sale or other disposition of a motor vehicle in which the person has acquired an interest as a result of the business; or
(j) A community land trust, resident nonprofit cooperative, local government, public housing authority, nonprofit community or neighborhood-based organization, federally recognized Indian tribe in the state of Washington, or regional or statewide nonprofit housing assistance organization, which does not sell in any 12-month period more than 12 manufactured homes to low-income households at cost.
(19) "Vehicle salesperson" means any person who for any form of compensation sells, auctions, leases with an option to purchase, or offers to sell or to so lease vehicles on behalf of a vehicle dealer.
(20) "Wholesale vehicle dealer" means a vehicle dealer who buys vehicles from or sells vehicles to other Washington licensed vehicle dealers.
[ 2025 c 68 s 1; 2016 sp.s. c 26 s 1; (2017 c 15 s 3 repealed by 2018 c 273 s 2). Prior: 2010 c 161 s 1130; 2006 c 364 s 1; 2001 c 272 s 2; 1998 c 46 s 1; 1996 c 194 s 1; 1993 c 175 s 1; prior: 1989 c 337 s 11; 1989 c 301 s 1; 1988 c 287 s 1; 1986 c 241 s 2; 1981 c 305 s 2; 1979 c 158 s 186; 1979 c 11 s 3; prior: 1977 ex.s. c 204 s 2; 1977 ex.s. c 125 s 1; 1973 1st ex.s. c 132 s 2; 1969 ex.s. c 63 s 1; 1967 ex.s. c 74 s 3. ]
NOTES:
Effective date—2016 sp.s. c 26: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2016]." [ 2016 sp.s. c 26 s 3.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1) It is unlawful for any person, firm, or association to act as a vehicle dealer or vehicle manufacturer, to engage in business as such, serve in the capacity of such, advertise himself, herself, or themselves as such, solicit sales as such, or distribute or transfer vehicles for resale in this state, without first obtaining and holding a current license as provided in this chapter, unless the title of the vehicle is in the name of the seller.
(2) It is unlawful for any person other than a licensed vehicle dealer to display a vehicle for sale unless the registered owner or legal owner is the displayer or holds a notarized power of attorney.
(3)(a) Except as provided in (b) of this subsection, a person or firm engaged in buying and offering for sale, or buying and selling five or more vehicles in a twelve-month period, or in any other way engaged in dealer activity without holding a vehicle dealer license, is guilty of a gross misdemeanor, and upon conviction subject to a fine of up to five thousand dollars for each violation and up to three hundred sixty-four days in jail.
(b) A second offense is a class C felony punishable under chapter 9A.20 RCW.
(4) A violation of this section is also a per se violation of chapter 19.86 RCW and is considered a deceptive practice.
(5) The department of licensing, the Washington state patrol, the attorney general's office, and the department of revenue shall cooperate in the enforcement of this section.
(6) A distributor, factory branch, or factory representative shall not be required to have a vehicle manufacturer license so long as the vehicle manufacturer so represented is properly licensed pursuant to this chapter.
(7) Nothing in this chapter prohibits financial institutions from cooperating with vehicle dealers licensed under this chapter in dealer sales or leases. However, financial institutions shall not broker vehicles and cooperation is limited to organizing, promoting, and financing of such dealer sales or leases.
[ 2011 c 96 s 36; 2003 c 53 s 249; 1993 c 307 s 4; 1988 c 287 s 2; 1986 c 241 s 3; 1973 1st ex.s. c 132 s 3; 1967 ex.s. c 74 s 4. ]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) An "established place of business" requires a permanent, enclosed commercial building located within the state of Washington easily accessible at all reasonable times. The business of a vehicle dealer must be lawfully carried on at an established place of business in accordance with the terms of all applicable building code, zoning, and other land-use regulatory ordinances. A vehicle dealer may display a vehicle for sale only at its established place of business, licensed subagency, or temporary subagency site, except at auction, however a vehicle dealer may deliver a vehicle for inspection, a test drive, lease, or purchase and have a customer sign agreements over the internet or at a location other than the vehicle dealer's established place of business or licensed or temporary subagency. The dealer shall keep the building open to the public so that the public may contact the vehicle dealer or the dealer's salespersons at all reasonable times. The books, records, and files necessary to conduct the business shall be kept and maintained at that place. The established place of business shall display an exterior sign with the business name and nature of the business, such as auto sales, permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic. A room or rooms in a hotel, rooming house, or apartment house building or part of a single or multiple-unit dwelling house may not be considered an "established place of business" unless the ground floor of such a dwelling is devoted principally to and occupied for commercial purposes and the dealer offices are located on the ground floor. A mobile office or mobile home may be used as an office if it is connected to utilities and is set up in accordance with state law. A statewide trade association representing manufactured housing dealers shall be permitted to use a manufactured home as an office if the office complies with all other applicable building code, zoning, and other land-use regulatory ordinances. This subsection does not apply to auction companies that do not own vehicle inventory or sell vehicles from an auction yard.
(2) An auction company shall have office facilities within the state. The books, records, and files necessary to conduct the business shall be maintained at the office facilities. All storage facilities for inventory shall be listed with the department, and shall meet local zoning and land use ordinances. An auction company shall maintain a telecommunications system.
(3) Auction companies shall post their vehicle dealer license at each auction where vehicles are offered, and shall provide the department with the address of the auction at least three days before the auction.
(4) If a dealer maintains a place of business at more than one location or under more than one name in this state, he or she shall designate one location as the principal place of business of the firm, one name as the principal name of the firm, and all other locations or names as subagencies. A subagency license is required for each and every subagency: PROVIDED, That the department may grant an exception to the subagency requirement in the specific instance where a licensed dealer is unable to locate their used vehicle sales facilities adjacent to or at the established place of business. This exception shall be granted and defined under the promulgation of rules consistent with the administrative procedure act.
(5) All vehicle dealers shall maintain ownership or leasehold throughout the license year of the real property from which they do business. The dealer shall provide the department with evidence of ownership or leasehold whenever the ownership changes or the lease is terminated.
(6) A subagency shall comply with all requirements of an established place of business, except that subagency records may be kept at the principal place of business designated by the dealer. Auction companies shall comply with the requirements in subsection (2) of this section.
(7) A temporary subagency shall meet all local zoning and building codes for the type of merchandising being conducted. The dealer license certificate shall be posted at the location. No other requirements of an established place of business apply to a temporary subagency. Auction companies are not required to obtain a temporary subagency license.
(8) A wholesale vehicle dealer shall have office facilities in a commercial building within this state, with no more than two other wholesale or retail vehicle dealers in the same building, and all storage facilities for inventory shall be listed with the department, and shall meet local zoning and land use ordinances. A wholesale vehicle dealer shall maintain a telecommunications system. An exterior sign visible from the nearest street shall identify the business name and the nature of business. When two or more vehicle dealer businesses share a location, all records, office facilities, and inventory, if any, must be physically segregated and clearly identified.
(9) A retail vehicle dealer shall be open during normal business hours, maintain office and display facilities in a commercially zoned location or in a location complying with all applicable building and land use ordinances, and maintain a business telephone listing in the local directory. When two or more vehicle dealer businesses share a location, all records, office facilities, and inventory shall be physically segregated and clearly identified.
(10) A subagency license is not required for a mobile home dealer to display an on-site display model, a consigned mobile home not relocated from its site, or a repossessed mobile home if sales are handled from a principal place of business or subagency. A mobile home dealer shall identify on-site display models, repossessed mobile homes, and those consigned at their sites with a sign that includes the dealer's name and telephone number.
(11) Every vehicle dealer shall advise the department of the location of each and every place of business of the firm and the name or names under which the firm is doing business at such location or locations. If any name or location is changed, the dealer shall notify the department of such change within ten days. The license issued by the department shall reflect the name and location of the firm and shall be posted in a conspicuous place at that location by the dealer.
(12) A vehicle dealer's license shall upon the death or incapacity of an individual vehicle dealer authorize the personal representative of such dealer, subject to payment of license fees, to continue the business for a period of six months from the date of the death or incapacity.
[ 2021 c 201 s 4; 2016 sp.s. c 26 s 2; (2017 c 15 s 4 repealed by 2018 c 273 s 2); 1997 c 432 s 1; 1996 c 282 s 1; 1995 c 7 s 1; 1993 c 307 s 5; 1991 c 339 s 28; 1989 c 301 s 2; 1986 c 241 s 4. ]
NOTES:
Effective date—2016 sp.s. c 26: See note following RCW 46.70.011.
The director may by rule waive any requirements pertaining to a vehicle dealer's established place of business if such waiver both serves the purposes of this chapter and is necessary due to unique circumstances such as a location divided by a public street or a highly specialized type of business.
[ 1986 c 199 s 1. ]
A vehicle dealer is accountable for the dealer's employees, sales personnel, and managerial personnel while in the performance of their official duties. Any violations of this chapter or applicable provisions of chapter 46.12 or 46.16A RCW committed by any of these employees subjects the dealer to license penalties prescribed under RCW 46.70.101. A retail purchaser, consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from a wholesale dealer, who has suffered a loss or damage by reason of any act by a dealer, salesperson, managerial person, or other employee of a dealership, that constitutes a violation of this chapter or applicable provisions of chapter 46.12 or 46.16A RCW may institute an action for recovery against the dealer and the surety bond as set forth in RCW 46.70.070. However, under this section, motor vehicle dealers who have purchased from wholesale dealers may only institute actions against wholesale dealers and their surety bonds.
[ 2011 c 171 s 90; (2017 c 15 s 5 repealed by 2018 c 273 s 2); 1989 c 337 s 12; 1986 c 241 s 5. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Dealers who transact dealer business by consignment shall obtain a consignment contract for sale and shall comply with applicable provisions of chapter 46.70 RCW. The dealer shall place all funds received from the sale of the consigned vehicle in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds. Where title has been delivered to the purchaser, the dealer shall pay the amount due a consignor within ten days after the sale. However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay the consignor within twenty days.
[ 2000 c 131 s 2; 1989 c 337 s 13. ]
NOTES:
Severability—2000 c 131: See note following RCW 46.70.115.
Listing dealers shall transact dealer business by obtaining a listing agreement for sale, and the buyer's purchase of the mobile home shall be handled as dealer inventory. All funds from the purchaser shall be placed in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the mobile home from these funds. Where title has been delivered to the purchaser, the listing dealer shall pay the amount due a seller within ten days after the sale of a listed mobile home. A complete account of all funds received and disbursed shall be given to the seller or consignor after the sale is completed. The sale of listed mobile homes imposes the same duty under RCW 46.70.122 on the listing dealer as any other sale.
[ 2001 c 64 s 8; 1990 c 250 s 63; 1986 c 241 s 6. ]
A vehicle dealer or vehicle manufacturer may apply for a license by filing with the department an application in such form as the department may prescribe.
[ 1986 c 241 s 7; 1973 1st ex.s. c 132 s 4; 1967 ex.s. c 74 s 5. ]
(1) Every application for a vehicle dealer license shall contain the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the applicant's identity, including but not limited to his or her fingerprints, the honesty, truthfulness, and good reputation of the applicant for the license, or of the officers of a corporation making the application;
(b) The applicant's form and place of organization including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner, officer, or director has ever been adjudged bankrupt or has any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime which directly relates to the business for which the license is sought and the time elapsed since the conviction is less than ten years, or has suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle dealer wishes to sell;
(h) The names and addresses of each manufacturer from whom the applicant has received a franchise;
(i) A certificate by a representative of the department, that the applicant's principal place of business and each subagency business location in the state of Washington meets the location requirements as required by this chapter. The certificate shall include proof of the applicant's ownership or lease of the real property where the applicant's principal place of business is established;
(j) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring the applicant, upon demand of any customer receiving a new vehicle warranty to perform or arrange for, within a reasonable distance of his or her established place of business, the service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange, to offer, to auction, to solicit, to advertise, or to broker new or current-model vehicles with factory or distributor warranties;
(k) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing, auctioning, soliciting, or advertising, and which classification or classifications the dealer wishes to be designated as;
(l) Effective July 1, 2002, a certificate from the provider of each education program or test showing that the applicant has completed the education programs and passed the test required under RCW 46.70.079 if the applicant is a dealer subject to the education and test requirements;
(m) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of the Washington state representative of the applicant;
(b) The name or names under which the applicant will do business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee manufactures;
(e) The name or names and address or addresses of each and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to vehicles located in the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured, unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require.
(3) To own, operate, or control a motor vehicle dealership as authorized under RCW 46.96.185(1)(g)(vii), a qualifying manufacturer must apply for and maintain a vehicle dealer license issued under this chapter and subject to chapter 19.86 RCW and applicable governing rules adopted by the department, not inconsistent with the provisions under RCW 46.96.185(1)(g). When applying for or renewing a vehicle dealer license under this chapter, such a qualifying manufacturer shall submit to the department a sworn affidavit by the manufacturer's authorized agent attesting to the manufacturer's satisfaction of all eligibility criteria set forth in RCW 46.96.185(1)(g)(vii).
[ 2026 c 186 s 3; 2001 c 272 s 3. Prior: 1993 c 307 s 6; 1993 c 175 s 2; 1990 c 250 s 64; 1986 c 241 s 8; 1979 c 158 s 187; 1977 ex.s. c 125 s 2; 1973 1st ex.s. c 132 s 5; 1971 ex.s. c 74 s 1; 1969 ex.s. c 63 s 2; 1967 ex.s. c 74 s 6. ]
NOTES:
Requirements of "established place of business": RCW 46.70.023.
Every application for license shall be retained by the department for a period of three years and shall be confidential information for the use of the department, the attorney general or the prosecuting attorney only: PROVIDED, That upon a showing of good cause therefor any court in which an action is pending by or against the applicant or licensee, may order the director to produce and permit the inspection and copying or photographing the application and any accompanying statements.
[ 1967 ex.s. c 74 s 14. ]
(1) The director may deny a license under this chapter when the application is a subterfuge that conceals the real person in interest whose license has been denied, suspended, or revoked for cause under this chapter and the terms have not been fulfilled or a civil penalty has not been paid, or the director finds that the application was not filed in good faith.
(2) The director must deny a license under this chapter if the issuance of a license would cause a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, to be in violation of chapter 46.96 RCW.
(3) This section does not preclude the department from taking an action against a current licensee.
[ 2026 c 186 s 4; 2014 c 214 s 1; 1997 c 432 s 2. ]
NOTES:
Application—2014 c 214: "This act applies to all franchises and contracts between manufacturers and new motor vehicle dealers amended, renewed, or entered into after June 12, 2014. For purposes of chapter 46.96 RCW, an agreement between a manufacturer and new motor vehicle dealer entered into after June 12, 2014, addressing any issues governed by chapter 46.96 RCW, is considered an amendment to an existing franchise." [ 2014 c 214 s 9.]
(1) After the application has been filed, the fee paid, and bond posted, if required, the department shall, if no denial order is in effect and no proceeding is pending under RCW 46.70.101, issue the appropriate license, which license, in the case of a vehicle dealer, shall designate the classification of the dealer. Nothing prohibits a vehicle dealer from obtaining licenses for more than one classification, and nothing prevents any vehicle dealer from dealing in other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11 RCW may sell at auction all classifications of vehicles under a motor vehicle dealer's license issued under this chapter including motor vehicles, miscellaneous type vehicles, and mobile homes and travel trailers.
(3) At the time the department issues a vehicle dealer license, the department shall provide to the dealer a current, up-to-date vehicle dealer manual that may be provided electronically setting forth the various statutes and rules applicable to vehicle dealers. In addition, at the time any such license is renewed under RCW 46.70.083, the department shall provide the dealer with any updates or current revisions to the vehicle dealer manual. These updates or current revisions may be provided electronically.
(4) The department may contract with responsible private parties to provide them elements of the vehicle database on a regular basis. The private parties may only disseminate this information to licensed vehicle dealers.
(a) Subject to the disclosure agreement provisions of RCW 46.12.635 and the requirements of Executive Order 97-01, the department may provide to the contracted private parties the following information:
(i) All vehicle and title data necessary to accurately disclose known title defects, brands, or flags and odometer discrepancies;
(ii) All registered and legal owner information necessary to determine true ownership of the vehicle and the existence of any recorded liens, including but not limited to liens of the department of social and health services or its successor; and
(iii) Any data in the department's possession necessary to calculate the motor vehicle excise tax, license, and registration fees including information necessary to determine the applicability of regional transit authority excise and use tax surcharges.
(b) The department may provide this information in any form the contracted private party and the department agree upon, but if the data is to be transmitted over the Internet or similar public network from the department to the contracted private party, it must be encrypted.
(c) The department shall give these contracted private parties advance written notice of any change in the information referred to in (a)(i), (ii), or (iii) of this subsection, including information pertaining to the calculation of motor vehicle excise taxes.
(d) The department shall revoke a contract made under this subsection (4) with a private party who disseminates information from the vehicle database to anyone other than a licensed vehicle dealer. A private party who obtains information from the vehicle database under a contract with the department and disseminates any of that information to anyone other than a licensed vehicle dealer is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle dealer or any other organization or entity not otherwise appointed as a vehicle licensing subagent under RCW 46.01.140 to perform any of the functions of a vehicle licensing subagent so appointed.
[ 2010 c 161 s 1131; 2001 c 272 s 4; 1997 c 432 s 4; 1996 c 282 s 2; 1993 c 307 s 7; 1989 c 301 s 3; 1973 1st ex.s. c 132 s 6; 1971 ex.s. c 74 s 2; 1967 ex.s. c 74 s 7. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
(1)(a) Effective July 1, 2017, the department of licensing may not issue any new wholesale vehicle dealer licenses.
(b) Effective July 1, 2018, the department of licensing may not renew any wholesale vehicle dealer licenses, except as provided in subsection (2) of this section.
(2) The department of licensing shall renew a wholesale vehicle dealer license of a wholesale vehicle dealer who has held the license continuously for at least the previous six years from July 1, 2018, and who otherwise meets the requirements of this chapter.
[ 2018 c 273 s 1; 2017 c 15 s 1. ]
NOTES:
Effective date—2018 c 273: "This act takes effect July 1, 2018." [ 2018 c 273 s 4.]
Effective date—2017 c 15 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2017." [ 2017 c 15 s 7.]
(1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Nine hundred seventy-five dollars;
(b) Vehicle dealers, each subagency, and temporary subagency: One hundred dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every license classification: Three hundred twenty-five dollars;
(b) Vehicle dealer, each and every subagency: Twenty-five dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.
(3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.
(4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for vehicle license plates exclusive of excise tax and gross weight and tonnage fees.
(5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.
(6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.
[ 2012 c 74 s 7; 2002 c 352 s 23; 1990 c 250 s 65; 1986 c 241 s 10; 1986 c 241 s 9; 1979 ex.s. c 251 s 1; 1973 1st ex.s. c 132 s 7; 1967 ex.s. c 74 s 13. ]
NOTES:
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective dates—2002 c 352: See note following RCW 46.09.410.
Effective dates—1986 c 241: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, except section 9 of this act shall take effect July 1, 1986, and section 10 of this act shall take effect July 1, 1987." [ 1986 c 241 s 28.]
(1) Before issuing a vehicle dealer's license, the department shall require the applicant to file with the department a surety bond in the amount of:
(a) Thirty thousand dollars for motor vehicle dealers;
(b) Thirty thousand dollars for mobile home, park trailer, and travel trailer dealers;
(c) Five thousand dollars for miscellaneous dealers,
running to the state, and executed by a surety company authorized to do business in the state. Such bond shall be approved by the attorney general as to form and conditioned that the dealer shall conduct his or her business in conformity with the provisions of this chapter.
Any retail purchaser, consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from, sold to, or otherwise transacted business with a wholesale dealer, who has suffered any loss or damage by reason of any act by a dealer which constitutes a violation of this chapter shall have the right to institute an action for recovery against such dealer and the surety upon such bond. However, under this section, motor vehicle dealers who have purchased from, sold to, or otherwise transacted business with wholesale dealers may only institute actions against wholesale dealers and their surety bonds. Successive recoveries against said bond shall be permitted, but the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond. Upon exhaustion of the penalty of said bond or cancellation of the bond by the surety the vehicle dealer license shall automatically be deemed canceled.
(2) The bond for any vehicle dealer licensed or to be licensed under more than one classification shall be the highest bond required for any such classification.
(3) Vehicle dealers shall maintain a bond for each business location in this state and bond coverage for all temporary subagencies.
[ 2001 c 272 s 13; (2017 c 15 s 6 repealed by 2018 c 273 s 2); 1996 c 194 s 2; 1989 c 337 s 15; 1986 c 241 s 11; 1981 c 152 s 1; 1973 1st ex.s. c 132 s 8; 1971 ex.s. c 74 s 4; 1967 ex.s. c 74 s 27; 1961 c 239 s 1; 1961 c 12 s 46.70.070. Prior: 1959 c 166 s 19; 1951 c 150 s 8. ]
Before issuing a manufacturer license to a manufacturer of mobile homes or travel trailers, the department shall require the applicant to file with the department a surety bond in the amount of forty thousand dollars in the case of a mobile home manufacturer and twenty thousand dollars in the case of a travel trailer manufacturer, running to the state and executed by a surety company authorized to do business in the state. Such bond shall be approved by the attorney general as to form and conditioned that the manufacturer shall conduct his or her business in conformity with the provisions of this chapter and with all standards set by the state of Washington or the federal government pertaining to the construction or safety of such vehicles. Any retail purchaser or vehicle dealer who has suffered any loss or damage by reason of breach of warranty or by any act by a manufacturer which constitutes a violation of this chapter or a violation of any standards set by the state of Washington or the federal government pertaining to construction or safety of such vehicles has the right to institute an action for recovery against such manufacturer and the surety upon such bond. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond. Upon exhaustion of the penalty of the bond or cancellation of the bond by the surety the manufacturer license is automatically deemed canceled.
[ 2010 c 8 s 9082; 1981 c 152 s 3; 1973 1st ex.s. c 132 s 9. ]
(1) Except as provided in subsection (2) of this section, the following education requirements apply to an applicant for a vehicle dealer license under RCW 46.70.021:
(a) An applicant for a vehicle dealer license under RCW 46.70.021 must complete a minimum of eight hours of approved education programs described in subsection (3) of this section and pass a test prior to submitting an application for the license; and
(b) An applicant for a renewal of a vehicle dealer license under RCW 46.70.083 must complete a minimum of five hours per year in a licensing period of approved continuing education programs described in subsection (3) of this section prior to submitting an application for the renewal of the vehicle dealer license.
(2) The education and test requirements in subsection (1) of this section do not apply to an applicant for a vehicle dealer license under RCW 46.70.021 if the applicant is:
(a) A franchised dealer of new recreational vehicles;
(b) A nationally franchised or corporate-owned motor vehicle rental company;
(c) A dealer of manufactured dwellings;
(d) A national auction company that holds a vehicle dealer license and a wrecker license whose primary activity in this state is the sale or disposition of totaled vehicles; or
(e) A wholesale auto auction company that holds a vehicle dealer license.
(3) The education programs and test required in subsection (1) of this section shall be developed by motor vehicle industry organizations including, but not limited to, the state independent auto dealers association and the department of licensing.
(4) A new motor vehicle dealer, as defined under RCW 46.96.020, is deemed to have met the education and test requirements required for applicants for a vehicle dealer license under this section.
[ 2001 c 272 s 12. ]
NOTES:
Effective date—2001 c 272 s 12: "Section 12 of this act takes effect July 1, 2002." [ 2001 c 272 s 14.]
The license of a vehicle dealer or a vehicle manufacturer expires on the date that is twelve consecutive months from the date of issuance. The license may be renewed by filing with the department prior to the expiration of the license, a renewal application containing such information as the department may require to indicate the number of vehicle sales transacted during the past year, and any material change in the information contained in the original application. Failure by the dealer to comply is grounds for denial of the renewal application or dealer license plate renewal.
The dealer's established place of business shall be certified by a representative of the department at least once every thirty-six months, or more frequently as determined necessary by the department. The certification will verify compliance with the requirements of this chapter for an established place of business. Failure by the dealer to comply at any time is grounds for license suspension or revocation, denial of the renewal application, or monetary assessment.
[ 1993 c 307 s 8; 1991 c 140 s 2; 1990 c 250 s 66; 1986 c 241 s 12; 1985 c 109 s 1; 1973 1st ex.s. c 132 s 12; 1971 ex.s. c 74 s 6; 1967 ex.s. c 74 s 10. ]
Notwithstanding any provision of law to the contrary, the director may extend or diminish licensing periods of dealers and manufacturers for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the department adopted in accordance with chapter 34.05 RCW.
[ 1990 c 250 s 67; 1985 c 109 s 2. ]
(1) The department shall issue a vehicle dealer license plate which shall be attached to the rear of the vehicle only and which is capable of distinguishing the classification of the dealer, to vehicle dealers properly licensed pursuant to this chapter and shall, upon application, issue manufacturer's license plates to manufacturers properly licensed pursuant to this chapter.
(2) The department shall issue to a vehicle dealer up to three vehicle dealer license plates. After the third dealer plate is issued, the department shall limit the number of dealer plates to six percent of the vehicles sold during the preceding license period. For an original license the vehicle dealer license applicant shall estimate the first year's sales or leases. The director or director's designee may waive these dealer plate issuance restrictions for a vehicle dealer if the waiver both serves the purposes of this chapter and is essential to the continuation of the business. The director shall adopt rules to implement this waiver.
(3) Motor vehicle dealer license plates may be used:
(a) To demonstrate motor vehicles held for sale or lease when operated by an individual holding a valid operator's license, if a dated demonstration permit, valid for no more than seventy-two hours, is carried in the vehicle at all times it is operated by any such individual.
(b) On motor vehicles owned, held for sale or lease, and which are in fact available for sale or lease by the firm when operated by an officer of the corporation, partnership, or proprietorship or by their spouses, or by an employee of the firm, if a card so identifying any such individual is carried in the vehicle at all times it is operated by such individual. Any such vehicle so operated may be used to transport the dealer's own tools, parts, and equipment of a total weight not to exceed five hundred pounds.
(c) On motor vehicles being tested for repair.
(d) On motor vehicles being moved to or from a motor vehicle dealer's place of business for sale.
(e) On motor vehicles being moved to or from motor vehicle service and repair facilities before sale or lease.
(f) On motor vehicles being moved to or from motor vehicle exhibitions within the state of Washington, if any such exhibition does not exceed a period of twenty days.
(4) Mobile home and travel trailer dealer license plates may be used:
(a) On units hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer.
(b) On mobile homes hauled to a customer's location for set-up after sale.
(c) On travel trailers held for sale to demonstrate the towing capability of the vehicle if a dated demonstration permit, valid for not more than seventy-two hours, is carried with the vehicle at all times.
(d) On mobile homes being hauled from a customer's location if the requirements of RCW 46.44.170 and 46.44.175 are met.
(e) On any motor vehicle owned by the dealer which is used only to move vehicles legally bearing mobile home and travel trailer dealer license plates of the dealer so owning any such motor vehicle.
(f) On vehicles being moved to or from vehicle exhibitions within the state of Washington, if any such exhibition does not exceed a period of twenty days.
(5) Miscellaneous vehicle dealer license plates may be used:
(a) To demonstrate any miscellaneous vehicle: PROVIDED, That:
(i) No such vehicle may be demonstrated on a public highway unless the customer has an appropriate endorsement on his or her driver's license, if such endorsement is required to operate such vehicle; and
(ii) A dated demonstration permit, valid for no more than seventy-two hours, is carried with the vehicle at all times it is operated by any such individual.
(b) On vehicles owned, held for sale, and which are in fact available for sale, by the firm when operated by an officer of the corporation, partnership, or proprietorship or by a bona fide full-time employee of the firm, if a card so identifying such individual is carried in the vehicle at all times it is operated by him or her.
(c) On vehicles being tested for repair.
(d) On vehicles being transported to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer.
(e) On vehicles on which any other item sold or to be sold by the dealer is transported from the place of business of the manufacturer to the place of business of the dealer or to and from places of business of the dealer if such vehicle and such item are purchased or sold as one package.
(6) Manufacturers properly licensed pursuant to this chapter may apply for and obtain manufacturer license plates and may be used:
(a) On vehicles being moved to or from the place of business of a manufacturer to a vehicle dealer within this state who is properly licensed pursuant to this chapter.
(b) To test vehicles for repair.
(7) Vehicle dealer license plates and manufacturer license plates shall not be used for any purpose other than set forth in this section and specifically shall not be:
(a) Used on any vehicle not within the class for which the vehicle dealer or manufacturer license plates are issued unless specifically provided for in this section.
(b) Loaned to any person for any reason not specifically provided for in this section.
(c) Used on any vehicles for the transportation of any person, produce, freight, or commodities unless specifically provided for in this section, except there shall be permitted the use of such vehicle dealer license plates on a vehicle transporting commodities in the course of a demonstration over a period not to exceed seventy-two consecutive hours from the commencement of such demonstration, if a representative of the dealer is present and accompanies such vehicle during the course of the demonstration.
(d) Used on any vehicle sold to a resident of another state to transport such vehicle to that other state in lieu of a trip permit or in lieu of vehicle license plates obtained from that other state.
(e) Used on any new vehicle unless the vehicle dealer has provided the department a current service agreement with the manufacturer or distributor of that vehicle as provided in RCW 46.70.041(1)(k).
(8) In addition to or in lieu of any sanction imposed by the director pursuant to RCW 46.70.101 for unauthorized use of vehicle dealer license plates or manufacturer license plates, the director may order that any or all vehicle dealer license plates or manufacturer license plates issued pursuant to this chapter be confiscated for such period as the director deems appropriate.
[ 2001 c 272 s 5; 1994 c 262 s 10; 1992 c 222 s 2; 1991 c 140 s 1; 1983 c 3 s 123; 1981 c 152 s 4; 1973 1st ex.s. c 132 s 13; 1971 ex.s. c 74 s 7; 1969 ex.s. c 63 s 3; 1961 c 12 s 46.70.090. Prior: 1955 c 283 s 1; 1951 c 150 s 10. ]
The director may by order deny, suspend, or revoke the license of any vehicle dealer or vehicle manufacturer or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the order is in the public interest and that the applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer, director, owner of 10 percent or more of the assets of the firm, or managing employee:
(i) Was the holder of a license issued pursuant to this chapter, which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled or which license was assessed a civil penalty and the assessed amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly relates to the business of a vehicle dealer and the time elapsed since the adjudication is less than ten years, or suffering any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purposes of this section, "adjudged guilty" means in addition to a final conviction in either a state or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended;
(iii) Has knowingly or with reason to know made a false statement of a material fact in his or her application for license or any data attached thereto, or in any matter under investigation by the department;
(iv) Has knowingly, or with reason to know, provided the department with false information relating to the number of vehicle sales transacted during the past one year in order to obtain a vehicle dealer license plate;
(v) Does not have an established place of business as required in this chapter;
(vi) Refuses to allow representatives or agents of the department to inspect during normal business hours all books, records, and files maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits, or advertises a new or current model vehicle to which a factory new vehicle warranty attaches and fails to have a valid, written service agreement as required by this chapter, or having such agreement refuses to honor the terms of such agreement within a reasonable time or repudiates the same, except for sales by wholesale motor vehicle auction dealers to franchise motor vehicle dealers of the same make licensed under this title or franchise motor vehicle dealers of the same make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities exceed their assets, or in the sense that they cannot meet their obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by the director pursuant to this section within ten days after such assessment becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a salesperson employed by the dealer, or acting as their agent, to commit any of the prohibited practices set forth in subsection (1)(a) of this section and RCW 46.70.180;
(xii) Fails to have a current certificate or registration with the department of revenue.
(b) The applicant or licensee, or any partner, officer, director, owner of ten percent of the assets of the firm, or any employee or agent:
(i) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16A RCW or this chapter or any rules and regulations adopted thereunder;
(ii) Has defrauded or attempted to defraud the state, or a political subdivision thereof of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal owner on a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or her possession any vehicle which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;
(v) Has willfully failed to deliver to a purchaser or owner a certificate of title to a vehicle which he or she has sold or leased;
(vi) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction or safety of vehicles, except for sales by wholesale motor vehicle auction dealers to motor vehicle dealers and vehicle wreckers licensed under this title or motor vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, allowing use of facilities, dealer license number, or by any other means;
(x) Converts or appropriates, whether temporarily or permanently, property or funds belonging to a customer, dealer, or manufacturer, without the consent of the owner of the property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title: "SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance carrier and then rebuilt; or
(C) The vehicle title contains the specific comment that the vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or owner of ten percent or more of the assets of the firm holds or has held any such position in any other vehicle dealership licensed pursuant to this chapter which is subject to final proceedings under this section.
(2) In the case of a manufacturer, or any partner, officer, director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid;
(b) Has knowingly or with reason to know, made a false statement of a material fact in his or her application for license, or any data attached thereto, or in any matter under investigation by the department;
(c) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16A RCW or this chapter or any rules and regulations adopted thereunder;
(d) Has defrauded or attempted to defraud the state or a political subdivision thereof, of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in his or her possession, any vehicle which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;
(f) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates and manufacturer license plates;
(g) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this state for resale or for lease, any new or unused vehicle to which a warranty attaches or has attached and refuses to honor the terms of such warranty within a reasonable time or repudiates the same;
(i) Fails to maintain one or more resident employees or agents to provide service or repairs to vehicles located within the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured and which are or have been sold or distributed in this state or transferred into this state for resale or for lease unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(j) Fails to reimburse within a reasonable time any vehicle dealer within the state of Washington who in good faith incurs reasonable obligations in giving effect to warranties that attach or have attached to any new or unused vehicle sold, leased, or distributed in this state or transferred into this state for resale or for lease by any such manufacturer;
(k) Engaged in practices inimical to the health and safety of the citizens of the state of Washington including, but not limited to, failure to comply with standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles;
(l) Is insolvent either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature;
(m) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183.
If a manufacturer issued a vehicle dealer license pursuant to RCW 46.70.041(3) and 46.96.185(1)(g)(vii) [and] ceases to satisfy all eligibility criteria under RCW 46.96.185(1)(g)(vii), the department must revoke such a vehicle dealer license within 30 days. This subsection must be enforced by the department and the office of the attorney general consistent with RCW 46.70.102, 46.70.111, and 46.70.220.
[ 2026 c 186 s 5; 2011 c 171 s 91; 2010 c 161 s 1132; 2001 c 272 s 6; 1998 c 282 s 7; 1996 c 282 s 3; 1991 c 140 s 3; 1989 c 337 s 16; 1986 c 241 s 13; 1981 c 152 s 5; 1977 ex.s. c 125 s 3; 1973 1st ex.s. c 132 s 14; 1969 ex.s. c 63 s 4; 1967 ex.s. c 74 s 11. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Upon the entry of the order under RCW 46.70.101 the director shall promptly notify the applicant or licensee that the order has been entered and of the reasons therefor and that if requested by the applicant or licensee within fifteen days after the receipt of the director's notification, the matter will be promptly set down for hearing pursuant to chapter 34.05 RCW. If no hearing is requested and none is ordered by the director, the order will remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, or his or her personal representative, after notice of and opportunity for hearing, may modify or vacate the order, or extend it until final determination. No final order may be entered under RCW 46.70.101 denying or revoking a license without appropriate prior notice to the applicant or licensee, opportunity for hearing, and written findings of fact and conclusions of law.
[ 2010 c 8 s 9083; 1986 c 241 s 14; 1967 ex.s. c 74 s 12. ]
For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
(1) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him or her to appear before the director, or the officer designated by him or her, to produce documentary or other evidence touching the matter under investigation or in question. The failure to obey an order of the court may be punishable by contempt.
[ 2010 c 8 s 9084; 1967 ex.s. c 74 s 15. ]
(1) If it appears to the director that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule adopted or an order issued under this chapter, the director may issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order pending a hearing. The temporary order shall remain in effect until ten days after the hearing is held and shall become final if the person to whom the notice is addressed does not request a hearing within fifteen days after receipt of the notice.
(2) The director may levy and collect a civil penalty, in an amount not to exceed one thousand dollars for each violation, against a person found by the director to be curbstoning, as that term is defined in subsection (3) of this section. A person against whom a civil penalty has been imposed must receive reasonable notice and an opportunity for a hearing on the issue. The civil penalty is due ten days after issuance of a final order.
(3) For the purposes of subsection (2) of this section,"curbstoning" means a person or firm engaged in buying and offering for sale, or buying and selling, five or more vehicles that are each less than thirty years old in a twelve-month period without holding a vehicle dealer license. For the purpose of subsections (1) and (2) of this section, "curbstoning" does not include the sale of equipment or vehicles used in farming as defined in RCW 46.04.183 and sold by a farmer as defined in RCW 46.04.182.
[ 2000 c 131 s 1; 1986 c 241 s 15. ]
NOTES:
Severability—2000 c 131: "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." [ 2000 c 131 s 3.]
A dealer shall complete and maintain for a period of at least five years a record of the purchase and sale or lease of all vehicles purchased, sold, or leased by him or her. The records shall consist of:
(1) The license and title numbers of the state in which the last license was issued;
(2) A description of the vehicle;
(3) The name and address of the person from whom purchased;
(4) The name of the legal owner, if any;
(5) The name and address of the purchaser or lessee;
(6) If purchased from a dealer, the name, business address, dealer license number, and resale tax number of the dealer;
(7) The price paid for the vehicle and the method of payment;
(8) The vehicle odometer disclosure statement given by the seller to the dealer, and the vehicle odometer disclosure statement given by the dealer to the purchaser or lessee;
(9) The written agreement to allow a dealer to sell between the dealer and the consignor, or the listing dealer and the seller;
(10) Trust account records of receipts, deposits, and withdrawals;
(11) All sale documents, which shall show the full name of dealer employees involved in the sale or lease; and
(12) Any additional information the department may require. However, the department may not require a dealer to collect or retain the hardback copy of a temporary license permit after the permanent license plates for a vehicle have been provided to the purchaser or lessee, if the dealer maintains some other copy of the temporary license permit together with a log of the permits issued.
Such records shall be maintained separate from all other business records of the dealer. Paper records older than two years may be kept at a location other than the dealer's place of business if those records are made available in hard copy for inspection within three calendar days, exclusive of Saturday, Sunday, or a legal holiday, after a request by the director or the director's authorized agent. Records kept at the vehicle dealer's place of business must be available for inspection by the director or the director's authorized agent during normal business hours. Records shall be kept in paper form for one year and, after such time, may be kept solely as electronic records and not as hard copies as long as such electronic records can be accessed by computer at the dealer's place of business during normal business hours for the remainder of the five-year retention period. Records that originate as electronic records may be retained as electronic records with no paper form and must be accessible by computer at the dealer's place of business for at least five years. The director may adopt rules necessary to implement electronic records retention.
Dealers may maintain their recordkeeping and filing systems in accordance with their own particular business needs and practices. Nothing in this chapter requires dealers to maintain their records in any particular order or manner, as long as the records identified in this section are maintained in the dealership's recordkeeping system.
[ 2016 sp.s. c 16 s 1; 2001 c 272 s 7; 1996 c 282 s 4; 1990 c 238 s 7; 1986 c 241 s 16; 1973 1st ex.s. c 132 s 15; 1961 c 12 s 46.70.120. Prior: 1951 c 150 s 15. ]
NOTES:
Effective date, implementation—1990 c 238: See note following RCW 46.12.530.
Odometer disclosure statement: RCW 46.12.665.
(1) If the purchaser or transferee is a dealer he or she shall, on selling, leasing, or otherwise disposing of the vehicle, promptly execute the assignment and warranty of title, in such form as the director shall prescribe.
(2) The assignment and warranty shall show any secured party holding a security interest created or reserved at the time of resale or lease, to which shall be attached the assigned certificate of title and registration certificate received by the dealer. The dealer shall mail or deliver them to the department with the transferee's application for the issuance of new certificate of title and registration certificate. The certificate of title issued for a vehicle possessed by a dealer and subject to a security interest shall be delivered to the secured party who upon request of the dealer's transferee shall, unless the transfer was a breach of the security agreement, either deliver the certificate to the transferee for transmission to the department, or upon receipt from the transferee of the owner's bill of sale or sale document, the transferee's application for a new certificate and the required fee, mail or deliver to the department. Failure of a dealer to deliver the certificate of title to the secured party does not affect perfection of the security interest.
[ 2010 c 161 s 1133; 2001 c 272 s 8; 1990 c 238 s 5; 1975 c 25 s 11; 1972 ex.s. c 99 s 3; 1967 c 140 s 2; 1961 c 12 s 46.12.120. Prior: 1959 c 166 s 10; prior: 1947 c 164 s 4(c); 1937 c 188 s 6(c); Rem. Supp. 1947 s 6312-6(c). Formerly RCW 46.12.120. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date, implementation—1990 c 238: See note following RCW 46.12.530.
Effective date—1967 c 140: See note following RCW 46.12.520.
A vehicle dealer shall possess a separate certificate of title or other evidence of ownership approved by the department for each used vehicle kept in the dealer's possession. Evidence of ownership shall be either in the name of the dealer or in the name of the dealer's immediate vendor properly assigned. In the case of consigned vehicles, the vehicle dealer may possess a completed consignment contract that includes a guaranteed title from the seller in lieu of the required certificate of title.
[ 2010 c 161 s 1134; 1994 c 262 s 11; 1990 c 250 s 29; 1961 c 12 s 46.12.140. Prior: 1959 c 166 s 12; prior: 1947 c 164 s 4(e); 1937 c 188 s 6(e); Rem. Supp. 1947 s 6312-6(e). Formerly RCW 46.12.140. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
A vehicle dealer who sells used vehicles shall either display on the vehicle, or disclose upon request, the written asking price of a specific vehicle offered for sale by the dealer as of that time.
A violation of this section is an unfair business practice under chapter 19.86 RCW, the Consumer Protection Act, and the provisions of chapter 46.70 RCW.
[ 1986 c 165 s 1. ]
(1) Before the execution of a contract or chattel mortgage or the consummation of the sale or lease of any vehicle, the seller must furnish the buyer or lessee an itemization in writing signed by the seller separately disclosing to the buyer or lessee the finance charge, insurance costs, taxes, and other charges which are paid or to be paid by the buyer or lessee.
(2) Notwithstanding subsection (1) of this section, an itemization of the various license and title fees paid or to be paid by the buyer or lessee, which itemization must be the same as that disclosed on the registration/application for title document issued by the department, may be required only on the title application at the time the application is submitted for title transfer. A vehicle dealer may not be required to separately or individually itemize the license and title fees on any other document, including but not limited to the purchase order and lease agreement. No fee itemization may be required on the temporary permit.
[ 2001 c 272 s 9; 1996 c 282 s 5; 1973 1st ex.s. c 132 s 16; 1961 c 12 s 46.70.130. Prior: 1951 c 150 s 16. ]
(1) In addition to the requirements contained in RCW 46.70.135, each sale of a new manufactured home in this state is made with an implied warranty that the manufactured home conforms in all material aspects to applicable federal and state laws and regulations establishing standards of safety or quality, and with implied warranties of merchantability and fitness for a particular purpose as permanent housing in the climate of the state.
(2) The implied warranties contained in this section may not be waived, limited, or modified. Any provision that attempts to waive, limit, or modify the implied warranties contained in this section is void and unenforceable.
[ 1994 c 284 s 9. ]
NOTES:
Effective date—1994 c 284: See RCW 43.22A.901.
Any dealer, manufacturer, or contractor who installs a manufactured home warrants that the manufactured home is installed in accordance with the state installation code, chapter 296-150B WAC. The warranty contained in this section may not be waived, limited, or modified. Any provision attempting to waive, limit, or modify the warranty contained in this section is void and unenforceable. This section does not apply when the manufactured home is installed by the purchaser of the home.
[ 1994 c 284 s 10. ]
NOTES:
Effective date—1994 c 284: See RCW 43.22A.901.
Mobile home manufacturers and mobile home dealers who sell mobile homes to be assembled on-site and used as residences in this state shall conform to the following requirements:
(1) No new manufactured home may be sold unless the purchaser is provided with a manufacturer's written warranty for construction of the home in compliance with the Magnuson-Moss Warranty Act (88 Stat. 2183; 15 U.S.C. Sec. 47 et seq.; 15 U.S.C. Sec. 2301 et seq.).
(2) No new manufactured home may be sold unless the purchaser is provided with a dealer's written warranty for all installation services performed by the dealer.
(3) The warranties required by subsections (1) and (2) of this section shall be valid for a minimum of one year measured from the date of delivery and shall not be invalidated by resale by the original purchaser to a subsequent purchaser or by the certificate of title being eliminated or not issued as described in chapter 65.20 RCW. Copies of the warranties shall be given to the purchaser upon signing a purchase agreement and shall include an explanation of remedies available to the purchaser under state and federal law for breach of warranty, the name and address of the federal department of housing and urban development and the state departments of licensing and labor and industries, and a brief description of the duties of these agencies concerning mobile homes.
(4) Warranty service shall be completed within forty-five days after the owner gives written notice of the defect unless there is a bona fide dispute between the parties. Warranty service for a defect affecting health or safety shall be completed within seventy-two hours of receipt of written notice. Warranty service shall be performed on-site and a written work order describing labor performed and parts used shall be completed and signed by the service agent and the owner. If the owner's signature cannot be obtained, the reasons shall be described on the work order. Work orders shall be retained by the dealer or manufacturer for a period of three years.
(5) Before delivery of possession of the home to the purchaser, an inspection shall be performed by the dealer or his or her agent and by the purchaser or his or her agent which shall include a test of all systems of the home to insure proper operation, unless such systems test is delayed pursuant to this subsection. At the time of the inspection, the purchaser shall be given copies of all documents required by state or federal agencies to be supplied by the manufacturer with the home which have not previously been provided as required under subsection (3) of this section, and the dealer shall complete any required purchaser information card and forward the card to the manufacturer. A purchaser is deemed to have taken delivery of the manufactured home when all three of the following events have occurred: (a) The contractual obligations between the purchaser and the seller have been met; (b) the inspection of the home is completed; and (c) the systems test of the home has been completed subsequent to the installation of the home, or fifteen days has elapsed since the transport of the home to the site where it will be installed, whichever is earlier. Occupancy of the manufactured home shall only occur after the systems test has occurred and all required utility connections have been approved after inspection.
(6) Manufacturer and dealer advertising which states the dimensions of a home shall not include the length of the draw bar assembly in a listed dimension, and shall state the square footage of the actual floor area.
[ 2010 c 161 s 1135; 1994 c 284 s 11; 1989 c 343 s 22; 1981 c 304 s 36. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1994 c 284: See RCW 43.22A.901.
Effective date—1989 c 343: See RCW 65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Manufactured home installation and warranty service: RCW 43.22.440, 43.22.442.
Manufactured home safety and construction standards, inspections, etc.: RCW 43.22.431 through 43.22.434.
Any vehicle dealer who knowingly or with reason to know, buys or receives, sells or disposes of, conceals or has in the dealer's possession, any vehicle from which the motor or serial number has been removed, defaced, covered, altered, or destroyed, or any dealer, who removes from or installs in any motor vehicle registered with the department by motor block number, a new or used motor block without immediately notifying the department of such fact upon a form provided by the department, or any vehicle dealer who loans or permits the use of vehicle dealer license plates by any person not entitled to the use thereof, is guilty of a gross misdemeanor.
[ 1993 c 307 s 9; 1973 1st ex.s. c 132 s 17; 1971 ex.s. c 74 s 8; 1967 c 32 s 79; 1961 c 12 s 46.70.140. Prior: 1951 c 150 s 11. ]
The director may make any reasonable rules and regulations not inconsistent with the provisions of chapter 46.70 RCW relating to the enforcement and proper operation thereof.
[ 1961 c 12 s 46.70.160. Prior: 1959 c 166 s 21. ]
(1) It is a misdemeanor for any person to violate any of the provisions of this chapter, except where expressly provided otherwise, and the rules adopted as provided under this chapter.
(2) A penalty of $10,000 must be assessed for each retail sale or lease transaction consummated in this state after June 11, 2026, by a manufacturer that is prohibited by law from acting in the capacity of a motor vehicle dealer and is ineligible for exemption under RCW 46.96.185(1)(g). The department and the office of the attorney general must enforce this subsection consistent with RCW 46.70.102, 46.70.111, and 46.70.220.
[ 2026 c 186 s 6; 1986 c 241 s 17; 1965 c 68 s 5. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Each of the following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:
(a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;
(e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.
(2)(a)(i) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.
(ii) However, an amount not to exceed $200 per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.
(b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:
(i) The documentary service fee is disclosed in writing to a prospective purchaser or lessee before the execution of a purchase and sale or lease agreement;
(ii) The dealer discloses to the purchaser or lessee in writing that the documentary service fee is a negotiable fee. The disclosure must be written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous. The dealer shall not represent to the purchaser or lessee that the fee or charge is required by the state to be paid by either the dealer or prospective purchaser or lessee;
(iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle and from any other taxes, fees, or charges; and
(iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to $200 may be added to the sale price or the capitalized cost.
For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a dealer to provide the services specified in (a) of this subsection.
(3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Entering into a written contract, written purchase order or agreement, retail installment sales agreement, note and security agreement, or written lease agreement, hereinafter collectively referred to as contract or lease, signed by the prospective buyer or lessee of a vehicle, which:
(a) Is subject to any conditions or the dealer's or his or her authorized representative's future acceptance, and the dealer fails or refuses within the "bushing" period, which is four calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee to inform the buyer or lessee either: (i) That the dealer unconditionally accepts the contract or lease, having satisfied, removed, or waived all conditions to acceptance or performance, including, but not limited to, financing, assignment, or lease approval; or (ii) that the dealer rejects the contract or lease, thereby automatically voiding the contract or lease, as long as such voiding does not negate commercially reasonable contract or lease provisions pertaining to the return of the subject vehicle and any physical damage, excessive mileage after the demand for return of the vehicle, and attorneys' fees authorized by law, and tenders the refund of any initial payment or security made or given by the buyer or lessee, including, but not limited to, any down payment, and tenders return of the trade-in vehicle, key, other trade-in, or certificate of title to a trade-in. Tender may be conditioned on return of the subject vehicle if previously delivered to the buyer or lessee.
The provisions of this subsection (4)(a) do not impair, prejudice, or abrogate the rights of a dealer to assert a claim against the buyer or lessee for misrepresentation or breach of contract and to exercise all remedies available at law or in equity, including those under chapter 62A.9A RCW, if the dealer, bank, or other lender or leasing company discovers that approval of the contract or financing or approval of the lease was based upon material misrepresentations made by the buyer or lessee, including, but not limited to, misrepresentations regarding income, employment, or debt of the buyer or lessee, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation. A dealer shall not be in violation of this subsection (4)(a) if the buyer or lessee made a material misrepresentation to the dealer, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation.
A dealer may inform a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or rejection of the contract, lease, or financing by sending an email message to the buyer's or lessee's supplied email address, by phone call, by leaving a voice message or sending a text message to a phone number provided by the buyer or lessee, by in-person oral communication, by mailing a letter by first-class mail if the buyer or lessee expresses a preference for a letter or declines to provide an email address and a phone number capable of receiving a free text message, or by another means agreed to by the buyer or lessee or approved by the department, effective upon the execution, mailing, or sending of the communication and before expiration of the "bushing" period;
(b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:
(i) Failure to disclose that the vehicle's certificate of title has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.540 and 46.12.560; or
(ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of 500 miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.
(7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;
(b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW. This subsection also applies to leased vehicles. In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that: (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable.
(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.93 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.
Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW. However, compliance with chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.
(17)(a) For a dealer to enter into a new motor vehicle sales contract without disclosing in writing to a buyer of the new motor vehicle, or to a dealer in the case of an unregistered motor vehicle, any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail price as calculated at the dealer's authorized warranty rate for labor and parts, or $1,000, whichever amount is greater. A manufacturer or new motor vehicle dealer is not required to disclose to a dealer or buyer that glass, tires, bumpers, or cosmetic parts of a new motor vehicle were damaged at any time if the damaged item has been replaced with original or comparable equipment. A replaced part is not part of the cumulative damage required to be disclosed under this subsection.
(b) A manufacturer is required to provide the same disclosure to a dealer of any known damage or repair as required in (a) of this subsection.
(c) If disclosure of any known damage or repair is not required under this section, a buyer may not revoke or rescind a sales contract due to the fact that the new motor vehicle was damaged and repaired before completion of the sale.
(d) As used in this section:
(i) "Cosmetic parts" means parts that are attached by and can be replaced in total through the use of screws, bolts, or other fasteners without the use of welding or thermal cutting, and includes windshields, bumpers, hoods, or trim panels.
(ii) "Manufacturer's suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer, and includes the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle.
[ 2022 c 182 s 211; 2017 c 41 s 1; 2012 c 74 s 8; 2010 c 161 s 1136. Prior: 2009 c 123 s 1; 2009 c 49 s 1; 2007 c 155 s 2; 2006 c 289 s 1; 2003 c 368 s 1; prior: 2001 c 272 s 10; 2001 c 64 s 9; 1999 c 398 s 10; 1997 c 153 s 1; 1996 c 194 s 3; 1995 c 256 s 26; 1994 c 284 s 13; 1993 c 175 s 3; 1990 c 44 s 14; 1989 c 415 s 20; 1986 c 241 s 18; 1985 c 472 s 13; 1981 c 152 s 6; 1977 ex.s. c 125 s 4; 1973 1st ex.s. c 132 s 18; 1969 c 112 s 1; 1967 ex.s. c 74 s 16. ]
NOTES:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2007 c 155: See note following RCW 46.16A.300.
Prospective application—2006 c 289: "This act applies prospectively only and not retroactively. It applies only to causes of action that arise (if change is substantive) or that are commenced (if change is procedural) on or after June 7, 2006." [ 2006 c 289 s 2.]
Effective date—1994 c 284: See RCW 43.22A.901.
Certificate of title—Failure to transfer within specified time: RCW 46.12.650.
Glass—Limited windows—Vehicle sale requirements: RCW 46.37.430.
Odometers—Disconnecting, resetting, turning back, replacing without notifying purchaser: RCW 46.37.540 through 46.37.570.
Tires—Vehicle sale requirements: RCW 46.37.425.
Any vehicle dealer or manufacturer, by or against whom a petition in bankruptcy has been filed, shall, within ten days of the filing, notify the department of the proceedings in bankruptcy, including the identity and location of the court in which the proceedings are pending.
[ 1981 c 152 s 7. ]
Any person who is injured in his or her business or property by a violation of this chapter, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee.
If a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice against a manufacturer under RCW 46.96.040 or 46.96.050(3) or this section, the new motor vehicle dealer is precluded from pursuing that same claim or recovering judgment for that same claim against the same manufacturer under the federal Automobile Dealer Franchise Act, 15 U.S.C. Sections 1221 through 1225, but only to the extent that the damages recovered by or denied to the new motor vehicle dealer are the same as the damages being sought under the federal Automobile Dealer Franchise Act. Likewise, if a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice against a manufacturer under the federal Automobile Dealer Franchise Act, the dealer is precluded from pursuing that same claim or recovering judgment for that same claim against the same manufacturer under this chapter, but only to the extent that the damages recovered by or denied to the dealer are the same as the damages being sought under this chapter.
A civil action brought in the superior court pursuant to the provisions of this section must be filed no later than one year following the alleged violation of this chapter.
[ 2010 c 8 s 9085; 1989 c 415 s 21; 1986 c 241 s 19; 1973 1st ex.s. c 132 s 19; 1967 ex.s. c 74 s 21. ]
The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, in addition to any other action they might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice herein prohibited or declared unlawful: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04, 19.86, and 63.14 RCW and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all persons subject to this chapter: PROVIDED FURTHER, That any action to enforce a claim for civil damages under chapter 19.86 RCW shall be forever barred unless commenced within six years after the cause of action accrues.
[ 2010 c 8 s 9086; 1967 ex.s. c 74 s 19. ]
In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept an assurance of compliance with the provisions of this chapter from any person deemed in violation hereof. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county.
[ 2010 c 8 s 9087; 1967 ex.s. c 74 s 20. ]
Any person who violates the terms of any court order, or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general and/or the prosecuting attorney acting in the name of the state, or any person who pursuant to RCW 46.70.190 has secured the injunction violated, may petition for the recovery of civil penalties.
[ 1967 ex.s. c 74 s 22. ]
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself or herself to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185.
[ 2010 c 8 s 9088; 1967 ex.s. c 74 s 23. ]
The provisions of this chapter shall be applicable to all franchises and contracts existing between vehicle dealers and manufacturers or factory branches and to all future franchises and contracts.
[ 1986 c 241 s 22; 1967 ex.s. c 74 s 24. ]
The provisions of this chapter shall be cumulative to existing laws: PROVIDED, That the violation of RCW 46.70.180 shall be construed as exclusively civil and not penal in nature.
[ 1967 ex.s. c 74 s 25. ]
The provisions of chapter 46.70 RCW shall apply to the distribution and sale of mobile homes and to mobile home dealers, distributors, manufacturers, factory representatives, or other persons engaged in such distribution and sale to the same extent as for motor vehicles.
[ 1993 c 307 s 10; 1971 ex.s. c 231 s 23. ]
NOTES:
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
(1) The provisions of this chapter relating to the licensing and regulation of vehicle dealers and manufacturers shall be exclusive, and no county, city, or other political subdivision of this state shall enact any laws, rules, or regulations licensing or regulating vehicle dealers or manufacturers.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon vehicle dealers or manufacturers maintaining an office within that political subdivision if a business and occupation tax is levied by such a political subdivision upon other types of businesses within its boundaries.
[ 1993 c 307 s 11; 1981 c 152 s 2. ]
Any violation of this chapter is deemed to affect the public interest and constitutes a violation of chapter 19.86 RCW.
[ 1986 c 241 s 23. ]
The regulation of buyers' agents is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Activities of buyers' agents prohibited under RCW 46.70.180 (11), (12), or (13) are not reasonable in relation to the development and preservation of business. A violation of RCW 46.70.180 (11), (12), or (13) constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.
[ 1993 c 175 s 4. ]
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" as defined in RCW 46.80.010 may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.
(2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle" as defined by RCW 46.80.010, the dealer must disclose this fact on the bill of sale.
[ 1998 c 282 s 2. ]
(1)(a) Before the department may issue a temporary subagency license to a recreational vehicle dealer engaged in offering new or new and used recreational vehicles for sale at a recreational vehicle show, a recreational vehicle dealer of new or new and used recreational vehicles shall submit to the department a manufacturer's written authorization for the sale and specifying the dates of the show, the location of the show, and the identity of the manufacturer's brand or model names of the new or used recreational vehicles.
(b) The department may issue a temporary subagency license if the location of the show is within fifty miles of the recreational vehicle dealer's established place of business or permanent location. The department may issue a temporary subagency license for a show outside fifty miles of the recreational vehicle dealer's established place of business or permanent location only if the product represented is new and is within the factory designated sales territory for each brand of new recreational vehicles to be offered for sale, and only those specific brands of new recreational vehicles may be offered for sale under the terms of the temporary subagency license.
(2) Whenever three or fewer recreational vehicle dealers participate in a show under a temporary subagency license issued under this section, each recreational vehicle dealer shall conspicuously include all of the following information in all advertising and promotional materials designed to attract the public to attend the show:
(a) Each recreational vehicle dealer's business name and the location of the recreational vehicle dealer's established place of business must be printed in a size equivalent to the second largest type used in the advertisement and must be placed at the top of the advertisement; and
(b) The manufacturer's brand or model names of those new recreational vehicles being offered for sale; and
(c) If the recreational vehicles being offered for sale are used, the word "used" must immediately precede the identification of the brand name of the model or be immediately adjacent to the depiction of used vehicles.
(3) Notwithstanding other provisions of this chapter, no more than two temporary subagency licenses may be issued to a recreational vehicle dealer engaged in offering new or new and used recreational vehicles for sale for events with three or fewer recreational vehicle dealers participating, and no more than six temporary subagency licenses may be issued to a recreational vehicle dealer in any twelve-month period for events including four or more recreational vehicle dealers.
(4) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2006 c 364 s 2. ]
(1) A vehicle dealer shall, prior to the sale and transfer of a vehicle, offer the purchaser the option to have the dealer clearly and permanently mark the last eight digits of the originating vehicle's vehicle identification number on the vehicle's catalytic converter unless such marking already exists on the catalytic converter, the catalytic converter is not in a location where it is clearly visible and readily accessible to mark without the need to remove parts from the vehicle, or the vehicle is sold at wholesale. A clear and permanent mark applied by permanent marker is sufficient. The vehicle dealer may add a fee to the sale price for the marking if separately delineated and clearly marked.
(2) If a consumer elects not to have the vehicle dealer mark the vehicle's catalytic converter as provided in subsection (1) of this section, the vehicle dealer must provide the consumer a disclosure written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous that (a) the purchaser is knowingly purchasing the vehicle without clearly and permanently marking the catalytic converter prior to the sale and transfer of the vehicle; and (b) the purchaser acknowledges and understands that catalytic converters must be marked as provided in RCW 9A.82.180.
[ 2024 c 301 s 12. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
(1) A manufacturer, distributor, or retailer of a motor vehicle is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an intelligent speed assistance device. However, liability does exist if the manufacturer, distributor[,] or retailer knowingly engages in a repair or update to the intelligent speed assistance device and such repair or update proximately causes loss, injury, or damage.
(2) Nothing in this chapter requires a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an intelligent speed assistance device.
(3) Nothing in this chapter prohibits a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement.
[ 2025 c 228 s 10. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
All provisions of this chapter shall be liberally construed to the end that deceptive practices or commission of fraud or misrepresentation in the sale, lease, barter, or disposition of vehicles in this state may be prohibited and prevented, and irresponsible, unreliable, or dishonest persons may be prevented from engaging in the business of selling, leasing, bartering, or otherwise dealing in vehicles in this state and reliable persons may be encouraged to engage in the business of selling, leasing, bartering and otherwise dealing in vehicles in this state: PROVIDED, That this chapter shall not apply to printers, publishers, or broadcasters who in good faith print, publish or broadcast material without knowledge of its deceptive character.
[ 2001 c 272 s 11; 1973 1st ex.s. c 132 s 20; 1967 ex.s. c 74 s 2. ]
The automotive repair industry supports good communication between auto repair facilities and their customers. The legislature recognizes that improved communications and accurate representations between automotive repair facilities and the customers will: Increase consumer confidence; reduce the likelihood of disputes arising; clarify repair facility lien interests; and promote fair and nondeceptive practices, thereby enhancing the safety and reliability of motor vehicles serviced by auto repair facilities in the state of Washington.
[ 1993 c 424 s 1. ]
NOTES:
Severability—1993 c 424: "If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and the applicability thereof to persons and circumstances shall not be affected thereby." [ 1993 c 424 s 15.]
Effective date—1993 c 424: "This act shall take effect January 1, 1994." [ 1993 c 424 s 18.]
For purposes of this chapter:
(1) An "aftermarket body part" or "nonoriginal equipment manufacturer body part" is an exterior body panel or nonstructural body component manufactured by someone other than the original equipment manufacturer and supplied through suppliers other than those in the manufacturer's normal distribution channels.
(2) "Automotive repair" includes but is not limited to:
(a) All repairs to vehicles subject to chapter 46.16A RCW that are commonly performed in a repair facility by a motor vehicle technician including the diagnosis, installation, exchange, or repair of mechanical or electrical parts or units for any vehicle, the performance of any electrical or mechanical adjustment to any vehicle, or the performance of any service work required for routine maintenance or repair of any vehicle. However, commercial fleet repair or maintenance transactions involving two or more vehicles or ongoing service or maintenance contracts involving vehicles used primarily for business purposes are not included;
(b) All work in facilities that perform one or more specialties within the automotive repair service industry including, but not limited to, body collision repair, refinishing, brake, electrical, exhaust repair or installation, frame, unibody, front-end, radiators, tires, transmission, tune-up, and windshield; and
(c) The removal, replacement, or repair of exterior body panels, the removal, replacement, or repair of structural and nonstructural body components, the removal, replacement, or repair of collision damaged suspension components, and the refinishing of automotive components.
(3) "Automotive repair facility" or "repair facility" means any person, firm, association, or corporation who for compensation engages in the business of automotive repair or diagnosis, or both, of malfunctions of motor vehicles subject to licensure under chapter 46.16A RCW and repair and refinishing auto-body collision damage as well as overall refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a used assembly that has been dismantled and inspected with only the defective parts being replaced.
(5) A "remanufactured" part consists of a used assembly that has been dismantled with the core parts being remachined and all other parts replaced with new parts so as to provide performance comparable to that found originally.
[ 2011 c 171 s 92; 1993 c 424 s 2. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
(1) Except as otherwise provided in RCW 46.71.025, all estimates that exceed one hundred dollars shall be in writing and include the following information: The date; the name, address, and telephone number of the repair facility; the name, address, and telephone number, if available, of the customer or the customer's designee; if the vehicle is delivered for repair, the year, make, and model of the vehicle, the vehicle license plate number or last eight digits of the vehicle identification number, and the odometer reading of the vehicle; a description of the problem reported by the customer or the specific repairs requested by the customer; and a choice of alternatives described in RCW 46.71.025.
(2) Whether or not a written estimate is required, parts and labor provided by an automotive repair facility shall be clearly and accurately recorded in writing on an invoice and shall include, in addition to the information listed in subsection (1) of this section, the following information: A description of the repair or maintenance services performed on the vehicle; a list of all parts supplied, identified by name and part number, if available, part kit description or recognized package or shop supplies, if any, and an indication whether the parts supplied are rebuilt, or used, if applicable or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable; the price per part charged, if any, and the total amount charged for all parts; the total amount charged for all labor, if any; and the total charge. Parts and labor do not need to be separately disclosed if pricing is expressed as an advertised special by the job, a predisclosed written repair menu item, or a routine service package.
(3) Notwithstanding subsection (2) of this section, if the repair work is performed under warranty or without charge to the customer, other than an applicable deductible, the repair facility shall provide either an itemized list of the parts supplied, or describe the service performed on the vehicle, but the repair facility is not required to provide any pricing information for parts or labor.
(4) A copy of the estimate, unless waived, shall be provided to the customer or customer's designee prior to providing parts or labor as required under RCW 46.71.025. A copy of the invoice shall be provided to the customer upon completion of the repairs.
(5) Only material omissions, under this section, are actionable in a court of law or equity.
[ 1993 c 424 s 3. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
Except for parts covered by a manufacturer's or other warranty or parts that must be returned to a distributor, remanufacturer, or rebuilder, the repair facility shall return replaced parts to the customer at the time the work is completed if the customer requested the parts at the time of authorization of the repair. If a customer at the time of authorization of the repair requests the return of a part that must be returned to the manufacturer, remanufacturer, distributor, recycler, or rebuilder, or must be disposed of as required by law, the repair facility shall offer to show the part to the customer. The repair facility need not show a replaced part if no charge is being made for the replacement part.
[ 1993 c 424 s 4. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
(1) Except as provided in subsections (3) and (4) of this section, a repair facility prior to providing parts or labor shall provide the customer or the customer's designee with a written price estimate of the total cost of the repair, including parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, or offer the following alternatives:
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED. YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR FACILITY TO OBTAIN YOUR ORAL OR WRITTEN AUTHORIZATION TO EXCEED THE WRITTEN PRICE ESTIMATE. YOUR SIGNATURE OR INITIALS WILL INDICATE YOUR SELECTION.
I request an estimate in writing before you begin repairs. Contact me if the price will exceed this estimate by more than ten percent.
Proceed with repairs but contact me if the price will exceed $. . . . . .
I do not want a written estimate.
. . . . . . . . . . . . . (Initial or signature)
Date: . . . . . . . . Time: . . . . . . . ."
(2) The repair facility may not charge the customer more than one hundred ten percent, exclusive of retail sales tax, of the total shown on the written price estimate. Neither of these limitations apply if, before providing additional parts or labor the repair facility obtains either the oral or written authorization of the customer, or the customer's designee, to exceed the written price estimate. The repair facility or its representative shall note on the estimate the date and time of obtaining an oral authorization, the additional parts and labor required, the estimated cost of the additional parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, the name or identification number of the employee who obtains the authorization, and the name and telephone number of the person authorizing the additional costs.
(3) A written estimate shall not be required when the customer's motor vehicle or component has been brought to an automotive repair facility's regular place of business without face-to-face contact between the customer and the repair facility. Face-to-face contact means actual in-person discussion between the customer or his or her designee and the agent or employee of the automotive repair facility authorized to intake vehicles or components. However, prior to providing parts and labor, the repair facility must obtain either the oral or written authorization of the customer or the customer's designee. The repair facility or its representative shall note on the estimate or repair order the date and time of obtaining an oral authorization, the total amount authorized, the name or identification number of the employee who obtains the authorization, and the name of the person authorizing the repairs.
(4)(a) A written estimate is not required for the repair of any vehicle that:
(i) Qualifies for a horseless carriage license plate as defined in RCW 46.04.199 or a collector vehicle license plate as defined in RCW 46.04.1261;
(ii) Is a street rod vehicle as defined in RCW 46.04.572 or a custom vehicle as defined in RCW 46.04.161; or
(iii) Is a parts car, which, for the purposes of this section, means a motor vehicle that is owned by a collector to furnish parts for restoration or maintenance of a vehicle described in RCW 46.18.220(1) or 46.18.255(1), thus enabling a collector to preserve, restore, and maintain such a vehicle.
(b) This subsection does not prohibit a customer seeking repair services for one of the vehicles listed under this subsection from requesting a written estimate, which may be provided at the discretion of the agent or employee of the automotive repair facility, and in which case the repair facility shall provide notification and documentation advising the customer that the requested repairs will be furnished on a time and materials basis, to be billed at least every two weeks.
[ 2012 c 27 s 1; 1993 c 424 s 5. ]
NOTES:
Effective date—2012 c 27: "This act takes effect January 1, 2013." [ 2012 c 27 s 2.]
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
An automotive repair facility shall post in a prominent place on the business premises one or more signs, readily visible to customers, in the following form:
"YOUR CUSTOMER RIGHTS
YOU ARE ENTITLED BY LAW TO:
| 1. | A WRITTEN ESTIMATE FOR REPAIRS WHICH WILL COST MORE THAN ONE HUNDRED DOLLARS, UNLESS WAIVED OR ABSENT FACE-TO-FACE CONTACT (SEE ITEM 4 BELOW); | | --- | --- | | 2. | RETURN OR INSPECTION OF ALL REPLACED PARTS, IF REQUESTED AT TIME OF REPAIR AUTHORIZATION; | | 3. | AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS WHICH EXCEED THE ESTIMATED TOTAL PRESALES TAX COST BY MORE THAN TEN PERCENT; | | 4. | AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR VEHICLE IS LEFT WITH THE REPAIR FACILITY WITHOUT FACE-TO-FACE CONTACT BETWEEN YOU AND THE REPAIR FACILITY PERSONNEL. |
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION YOU ARE REQUIRED TO PAY FOR THE COSTS OF THE REPAIR PRIOR TO TAKING THE VEHICLE FROM THE PREMISES."
The first line of each sign shall be in letters not less than one and one-half inch in height and the remaining lines shall be in letters not less than one-half inch in height.
[ 1993 c 424 s 6. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
An automotive repair facility that fails to comply with the estimate requirements of RCW 46.71.025 is barred from recovering in an action to recover for automotive repairs any amount in excess of one hundred ten percent of the amount authorized by the customer, or the customer's designee, unless the repair facility proves by a preponderance of the evidence that its conduct was reasonable, necessary, and justified under the circumstances. In an action to recover for automotive repairs the prevailing party may, at the discretion of the court, recover the costs of the action and reasonable attorneys' fees.
[ 1993 c 424 s 7. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
A repair facility that fails to comply with RCW 46.71.021, 46.71.025, or 46.71.031 is barred from asserting a possessory or chattel lien for the amount of the unauthorized parts or labor upon the motor vehicle or component.
[ 1993 c 424 s 8. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
Each of the following acts or practices are unlawful:
(1) Advertising that is false, deceptive, or misleading. A single or isolated media mistake does not constitute a false, deceptive, or misleading statement or misrepresentation under this section;
(2) Materially understating or misstating the estimated price for a specified repair procedure;
(3) Retaining payment from a customer for parts not delivered or installed or a labor operation or repair procedure that has not actually been performed;
(4) Unauthorized operation of a customer's vehicle for purposes not related to repair or diagnosis;
(5) Failing or refusing to provide a customer, upon request, a copy, at no charge, of any document signed by the customer;
(6) Retaining duplicative payment from both the customer and the warranty or extended service contract provider for the same covered component, part, or labor;
(7) Charging a customer for unnecessary repairs. For purposes of this subsection "unnecessary repairs" means those for which there is no reasonable basis for performing the service. A reasonable basis includes, but is not limited to: (a) That the repair service is consistent with specifications established by law or the manufacturer of the motor vehicle, component, or part; (b) that the repair is in accordance with accepted industry standards; or (c) that the repair was performed at the specific request of the customer.
[ 1993 c 424 s 9. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
The repair facility shall make available, upon request, a copy of any express warranty provided by the repair facility to the customer that covers repairs performed on the vehicle.
[ 1993 c 424 s 10. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
Every automotive repair facility shall retain and make available for inspection, upon request by the customer or the customer's authorized representative, true copies of the written price estimates and invoices required under this chapter for at least one year after the date on which the repairs were performed. Such copies may be maintained as electronic records and not as hard copies as long as the repair facility is capable of printing the records in hard copy upon request of the customer or the customer's authorized representative.
[ 2016 sp.s. c 16 s 2; 1993 c 424 s 11; 1982 c 62 s 7; 1977 ex.s. c 280 s 6. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. In an action under chapter 19.86 RCW due to an automotive repair facility's charging a customer an amount in excess of one hundred ten percent of the amount authorized by the customer, a violation shall not be found if the automotive repair facility proves by a preponderance of the evidence that its conduct was reasonable, necessary, and justified under the circumstances.
Notwithstanding RCW 46.64.050, no violation of this chapter shall give rise to criminal liability under that section.
[ 1993 c 424 s 12; 1982 c 62 s 9; 1977 ex.s. c 280 s 7. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
Whenever a vehicle license renewal form under RCW 46.16A.110 is given to the registered owner of any vehicle, the department of licensing shall give to the owner written notice of the provisions of this chapter in a manner prescribed by the director of licensing.
[ 2011 c 171 s 93; 1982 c 62 s 10. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
When the department of revenue issues a registration certificate under RCW 82.32.030 to an automotive repair facility, it must give written notice to the person of the requirements of this chapter in a manner prescribed by the director of revenue, including by electronic means. The department of revenue must also post information about the requirements of this chapter on its public website.
[ 2015 c 86 s 201; 1993 c 424 s 13; 1982 c 62 s 11. ]
NOTES:
Severability—Effective date—1993 c 424: See notes following RCW 46.71.005.
Any automotive repair facility may apply for a transporter's license under chapter 46.76 RCW for the purpose of evaluating vehicles in need of repair, or that have been repaired, on the public roads of this state.
[ 2018 c 16 s 5. ]
The legislature finds and declares that privately operated for hire transportation service is a vital part of the transportation system within the state. Consequently, the safety, reliability, and stability of privately operated for hire transportation services are matters of statewide importance. The regulation of privately operated for hire transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit political subdivisions of the state to regulate for hire transportation services without liability under federal antitrust laws.
[ 1996 c 87 s 17. ]
When used in this chapter:
(1) The term "for hire vehicle" includes all vehicles used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter 46.74 RCW, limousine carriers licensed under chapter 46.72A RCW, vehicles used by nonprofit transportation providers for persons who are aging or persons with a disability and their attendants under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW, vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under chapter 81.70 RCW;
(2) The term "for hire operator" means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for hire vehicles.
[ 2020 c 274 s 28; 1996 c 87 s 18; 1991 c 99 s 1; 1979 c 111 s 14; 1961 c 12 s 46.72.010. Prior: 1947 c 253 s 1; Rem. Supp. 1947 s 6386-1. Formerly RCW 81.72.010. ]
NOTES:
Severability—1979 c 111: See note following RCW 46.74.010.
No for hire operator shall cause operation of a for hire vehicle upon any highway of this state without first obtaining a permit from the director of licensing, except for those for hire operators regulated by cities or counties in accordance with chapter 81.72 RCW. Application for a permit shall be made on forms provided by the director and shall include (1) the name and address of the owner or owners, and if a corporation, the names and addresses of the principal officers thereof; (2) city, town or locality in which any vehicle will be operated; (3) name and motor number of any vehicle to be operated; (4) the endorsement of a city official authorizing an operator under a law or ordinance requiring a license; and (5) such other information as the director may require.
[ 1992 c 114 s 1; 1979 c 158 s 188; 1967 c 32 s 80; 1961 c 12 s 46.72.020. Prior: 1947 c 253 s 2; Rem. Supp. 1947 s 6386-2; prior: 1915 c 57 s 1; RRS s 6382. Formerly RCW 81.72.020. ]
Application for a permit shall be forwarded to the director with a fee. Upon receipt of such application and fee, the director shall, if such application be in proper form, issue a permit authorizing the applicant to operate for hire vehicles upon the highways of this state until such owner ceases to do business as such, or until the permit is suspended or revoked. Such permit shall be displayed in a conspicuous place in the principal place of business of the owner.
[ 1992 c 114 s 2; 1967 c 32 s 81; 1961 c 12 s 46.72.030. Prior: 1947 c 253 s 3; Rem. Supp. 1947 s 6386-3; prior: 1933 c 73 s 1, part; 1915 c 57 s 2, part; RRS s 6383, part. Formerly RCW 81.72.030. ]
RCW 46.72.040 and 46.72.050 do not apply to personal vehicles under chapter 48.177 RCW.
[ 2015 c 236 s 3. ]
Before a permit is issued every for hire operator shall be required to deposit and thereafter keep on file with the director a surety bond running to the state of Washington covering each and every for hire vehicle as may be owned or leased by him or her and used in the conduct of his or her business as a for hire operator. Such bond shall be in the sum of one hundred thousand dollars for any recovery for death or personal injury by one person, and three hundred thousand dollars for all persons killed or receiving personal injury by reason of one act of negligence, and twenty-five thousand dollars for damage to property of any person other than the assured, with a good and sufficient surety company licensed to do business in this state as surety and to be approved by the director, conditioned for the faithful compliance by the principal of said bond with the provisions of this chapter, and to pay all damages which may be sustained by any person injured by reason of any careless negligence or unlawful act on the part of said principal, his or her agents or employees in the conduct of said business or in the operation of any motor propelled vehicle used in transporting passengers for compensation on any public highway of this state.
[ 2010 c 8 s 9089; 1973 c 15 s 1; 1967 c 32 s 82; 1961 c 12 s 46.72.040. Prior: 1947 c 253 s 4; Rem. Supp. 1947 s 6386-4; prior: 1933 c 73 s 1, part; 1915 c 57 s 2, part; RRS s 6383, part. Formerly RCW 81.72.040. ]
In lieu of the surety bond as provided in this chapter, there may be deposited and kept on file and in force with the director a public liability insurance policy covering each and every motor vehicle operated or intended to be so operated, executed by an insurance company licensed and authorized to write such insurance policies in the state of Washington, assuring the applicant for a permit against property damage and personal liability to the public, with the premiums paid and payment noted thereon. Said policy of insurance shall provide a minimum coverage equal and identical to the coverage required by the aforesaid surety bond, specified under the provisions of RCW 46.72.040. No provisions of this chapter shall be construed to limit the right of any injured person to any private right of action against a for hire operator as herein defined.
[ 1973 c 15 s 2; 1967 c 32 s 83; 1961 c 12 s 46.72.050. Prior: 1947 c 253 s 5; Rem. Supp. 1947 s 6386-5. Formerly RCW 81.72.050. ]
Every person having a cause of action for damages against any person, firm, or corporation receiving a permit under the provisions of this chapter, for injury, damages, or wrongful death caused by any careless, negligent, or unlawful act of any such person, firm, or corporation or his or her or its agents or employees in conducting or carrying on said business or in operating any motor propelled vehicle for the carrying and transporting of passengers on any public street, road, or highway shall have a cause of action against the principal and surety upon the bond or the insurance company and the insured for all damages sustained, and in any such action the full amount of damages sustained may be recovered against the principal, but the recovery against the surety shall be limited to the amount of the bond.
[ 2010 c 161 s 1137; 2010 c 8 s 9090, 1961 c 12 s 46.72.060. Prior: 1947 c 253 s 6; Rem. Supp. 1947 s 6386-6; prior: 1929 c 27 s 1; 1927 c 161 s 1; 1915 c 57 s 3; RRS s 6384. Formerly RCW 81.72.060. ]
NOTES:
Reviser's note: This section was amended by 2010 c 8 s 9090 and by 2010 c 161 s 1137, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
The director shall approve and file all bonds and policies of insurance. The director shall, upon receipt of fees and after approving the bond or policy, furnish the owner with an appropriate certificate which must be carried in a conspicuous place in the vehicle at all times during for hire operation. A for hire operator shall secure a certificate for each for hire vehicle operated and pay therefor a fee for each vehicle so registered. Such permit or certificate shall expire on June 30th of each year, and may be annually renewed upon payment of a fee.
[ 1992 c 114 s 3; 1967 c 32 s 84; 1961 c 12 s 46.72.070. Prior: 1947 c 253 s 7; Rem. Supp. 1947 s 6386-7. Formerly RCW 81.72.070. ]
In the event the owner substitutes a policy or bond after a for hire certificate has been issued, a new certificate shall be issued to the owner. The owner shall submit the substituted bond or policy to the director for approval, together with a fee. If the director approves the substituted policy or bond, a new certificate shall be issued. In the event any certificate has been lost, destroyed or stolen, a duplicate thereof may be obtained by filing an affidavit of loss and paying a fee.
[ 1992 c 114 s 4; 1967 c 32 s 85; 1961 c 12 s 46.72.080. Prior: 1947 c 253 s 8; Rem. Supp. 1947 s 6386-8. Formerly RCW 81.72.080. ]
(1) In addition to the unprofessional conduct specified in RCW 18.235.130, the director may take disciplinary action if he or she has good reason to believe that one of the following is true of the operator or the applicant for a permit or certificate: (a) He or she is guilty of committing two or more offenses for which mandatory revocation of driver's license is provided by law; (b) he or she has been convicted of vehicular homicide or vehicular assault; (c) he or she is intemperate or addicted to the use of narcotics.
(2) Any for hire operator who operates a for hire vehicle without first having filed a bond or insurance policy and having received a for hire permit and a for hire certificate as required by this chapter is guilty of a gross misdemeanor, and upon conviction shall be punished by imprisonment in jail for a period not exceeding ninety days or a fine of not exceeding five hundred dollars, or both fine and imprisonment.
[ 2003 c 53 s 250; 2002 c 86 s 293; 1983 c 164 s 8; 1967 c 32 s 86; 1961 c 12 s 46.72.100. Prior: 1947 c 253 s 9; Rem. Supp. 1947 s 6386-9; prior: 1915 c 57 s 4; RRS s 6385. Formerly RCW 81.72.100. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
All fees received by the director under the provisions of this chapter must be transmitted by him or her, together with a proper identifying report, to the state treasurer to be deposited by the state treasurer in the highway safety fund. Appropriations from the highway safety fund will support expenses incurred in carrying out the licensing and regulatory activities of this chapter.
[ 2011 c 298 s 27; 2010 c 8 s 9091; 1967 c 32 s 87; 1961 c 12 s 46.72.110. Prior: 1947 c 253 s 10; Rem. Supp. 1947 s 6386-10. Formerly RCW 81.72.110. ]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
The director is empowered to make and enforce such rules and regulations, including the setting of fees, as may be consistent with and necessary to carry out the provisions of this chapter.
[ 1992 c 114 s 5; 1967 c 32 s 88; 1961 c 12 s 46.72.120. Prior: 1947 c 253 s 11; Rem. Supp. 1947 s 6386-11. Formerly RCW 81.72.120. ]
No operator of a taxicab licensed or possessing a permit in another state to transport passengers for hire, and principally engaged as a for hire operator in another state, shall cause the operation of a taxicab upon any highway of this state without first obtaining an annual permit from the director upon an application accompanied with an annual fee for each taxicab. The issuance of a permit shall be further conditioned upon compliance with this chapter.
[ 1992 c 114 s 6; 1967 c 32 s 89; 1961 c 12 s 46.72.130. Prior: 1953 c 12 s 1; 1951 c 219 s 1. Formerly RCW 81.72.130. ]
All law enforcement officers shall refuse every taxicab entry into this state which does not have a certificate from the director on the vehicle.
[ 1967 c 32 s 90; 1961 c 12 s 46.72.140. Prior: 1951 c 219 s 2. Formerly RCW 81.72.140. ]
RCW 46.72.130 and 46.72.140 shall be inoperative to operators of taxicabs residing and licensed in any state which allows Washington operators of taxicabs to use such state's highways free from such regulations.
[ 1961 c 12 s 46.72.150. Prior: 1951 c 219 s 3. Formerly RCW 81.72.150. ]
Cities, counties, and port districts may license, control, and regulate all for hire vehicles operating within their respective jurisdictions. The power to regulate includes:
(1) Regulating entry into the business of providing for hire vehicle transportation services;
(2) Requiring a license to be purchased as a condition of operating a for hire vehicle and the right to revoke, cancel, or refuse to reissue a license for failure to comply with regulatory requirements;
(3) Controlling the rates charged for providing for hire vehicle transportation service and the manner in which rates are calculated and collected;
(4) Regulating the routes and operations of for hire vehicles, including restricting access to airports;
(5) Establishing safety and equipment requirements; and
(6) Any other requirements adopted to ensure safe and reliable for hire vehicle transportation service.
[ 1996 c 87 s 19. ]
The department, a city, county, or port district may enter into cooperative agreements with any other city, town, county, or port district for the joint regulation of for hire vehicles. Cooperative agreements may provide for, but are not limited to, the granting, revocation, and suspension of joint for hire vehicle licenses.
[ 1996 c 87 s 20. ]
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 294. ]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
The legislature finds and declares that privately operated limousine transportation service is a vital part of the transportation system within the state and provides prearranged transportation services to state residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and stability of privately operated limousine transportation services are matters of statewide importance. The regulation of privately operated limousine transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit the department and a port district in a county with a population of one million or more to regulate limousine transportation services without liability under federal antitrust laws. It is further the intent of the legislature to authorize a city with a population of five hundred thousand or more to enforce this chapter through a joint agreement with the department, and to direct the department to provide annual funding from limousine regulation-related fees that provide sufficient funds to such a city to provide delegated enforcement.
[ 2011 c 374 s 1; 1996 c 87 s 4. ]
NOTES:
Effective date—2011 c 374 ss 1-12: "Sections 1 through 12 of this act take effect January 1, 2012." [ 2011 c 374 s 15.]
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Transfer of powers, duties, and functions—1996 c 87: "(1) All powers, duties, and functions of the utilities and transportation commission pertaining to the regulation of limousines and limousine charter party carriers are transferred to the department of licensing. All references to the utilities and transportation commission in the Revised Code of Washington shall be construed to mean the director or the department of licensing when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of licensing. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of licensing. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of licensing.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on June 6, 1996, be transferred and credited to the department of licensing.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of licensing.
(4) The transfer of the powers, duties, and functions of the utilities and transportation commission shall not affect the validity of any act performed before June 6, 1996.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification." [ 1996 c 87 s 22.]
(1) Contact by a customer or customer's agent to engage the services of a carrier's limousine must be initiated by a customer or customer's agent at a time and place different from the customer's time and place of departure. The fare for service must be agreed upon prior to departure. Under no circumstances may customers or customers' agents make arrangements to immediately engage the services of a carrier's limousine with the chauffeur, even if the chauffeur is an owner or officer of the company, with the single exception of stand-hail limousines only at a facility owned and operated by a port district in a county with a population of one million or more that are licensed and restricted by the rules and policies set forth by the port district.
(2) At the time of the conduct of the commercial limousine business, the chauffeur of a limousine and the limousine carrier business must possess written or electronic records substantiating the prearrangement of the carrier's services for any customer carried for compensation, except for vehicles meeting the requirements of the exception for stand-hail limousines described in subsection (1) of this section. Limousine carriers and limousine chauffeurs operating as an independent business must list a physical address on their business license issued under chapter 19.02 RCW where records substantiating the prearrangement of the carrier's services may be reviewed by an enforcement officer. A limousine carrier must retain these records for a minimum of one calendar year, and failure to do so is a class 3 civil infraction against the carrier for each record that is missing or fails to include all of the information described in rules adopted under subsection (4) of this section.
(3) Limousine carriers and limousine chauffeurs operating as an independent business must list a telephone or pager number that is used to prearrange the carrier's services for any customer carried for compensation.
(4) The department must adopt rules specifying the content and retention schedule of the records required for compliance with subsection (2) of this section.
(5) The failure of a chauffeur who is operating a limousine to immediately provide, on demand by an enforcement officer, written or electronic records required by the department substantiating the prearrangement of the carrier's services for any customer carried for compensation, except for limousines meeting the requirements of the exception for stand-hail limousines described in subsection (1) of this section, is a class 2 civil infraction and is subject to monetary penalties under RCW 7.80.120. It is a class 1 civil infraction for a repeat offense under this subsection during the same calendar year.
(6) The department must define by rule conditions under which a chauffeur is considered to be operating a limousine, including when the limousine is parked in a designated passenger load zone.
[ 2013 c 144 s 40; 2011 c 374 s 2; 1996 c 87 s 5. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
(1) The department, in conjunction with the Washington state patrol, shall regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations. The department shall adopt rules and require such reports as are necessary to carry out this chapter. The department may develop penalties for failure to comply with this section.
(2) In addition, a port district in a county with a population of one million or more may regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations. The county in which the port district is located may adopt ordinances and rules to assist the port district in enforcement of limousine regulations only at port facilities. In no event may this be construed to grant the county the authority to regulate limousines within its jurisdiction. The port district may not set limousine rates, but the limousine carriers shall file their rates and schedules with the port district if requested.
(3) The department, a port district in a county with a population of at least one million, or a county in which the port district is located may enter into cooperative agreements for the joint regulation of limousines.
(4) The department and a city with a population of five hundred thousand or more may enter into cooperative agreements as provided in RCW 46.72A.150, subject to the limitations set forth in RCW 46.72A.130.
(5) The Washington state patrol shall annually conduct a vehicle inspection of each limousine licensed under this chapter, except when a port district, or a city with a population of five hundred thousand or more, enforces limousine carrier regulations under subsection (2) or (4) of this section, that port district or county in which the port district is located, or a city with a population of five hundred thousand or more, may conduct the annual limousine vehicle inspection and random limousine vehicle inspections in conjunction with limousine regulation enforcement activities, provided that the inspection criteria and fees are substantially the same regardless of the authority conducting the inspection. Random limousine vehicle inspections may not be conducted while the limousine contains customers. The state patrol, the city, or the port district conducting the annual limousine vehicle inspection may impose an annual vehicle inspection fee and reinspection fee. A carrier must pay a reinspection fee if a limousine fails inspection for compliance with vehicle standards and is reinspected. If the limousine passes the first reinspection within thirty days of failing the original inspection, all of the reinspection fee must be refunded to the carrier. However, refunds are not available for subsequent reinspections. While a limousine is licensed by the department for commercial limousine use, failure to comply with vehicle inspection standards, established by the department by rule, is a class 3 civil infraction against the carrier, with monetary penalties against the carrier as specified in RCW 7.80.120, for each violation of a safety requirement. It is a class 4 civil infraction for each violation of other vehicle standards, with monetary penalties against the carrier as specified in RCW 7.80.120, and the limousine vehicle certificate must be summarily suspended until safety violations of vehicle standards are corrected and the limousine is reinspected.
[ 2011 c 374 s 3; 1996 c 87 s 6. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Except when a port district regulates limousine carriers under RCW 46.72A.030 or a city with a population of five hundred thousand or more is authorized under RCW 46.72A.150 to enforce state laws or rules applicable to limousine carriers, limousines, and chauffeurs, subject to the limitations set forth in RCW 46.72A.150, the state of Washington fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this chapter. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to limousine carriers that are consistent with this chapter.
[ 2011 c 374 s 4; 1996 c 87 s 7. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
(1) No limousine carrier may operate a limousine upon the highways of this state without first being properly registered as a business in Washington and having been issued a unified business identifier.
(2) In addition, a limousine carrier shall obtain from the department a limousine carrier license for the business and a limousine vehicle certificate for each limousine operated by the carrier. The limousine carrier license and limousine vehicle certificates must be renewed through the department annually or as may be required by the department. The department shall establish by rule the procedure for obtaining, and the fees for, the limousine carrier license and limousine vehicle certificate. It is a class 1 civil infraction, with monetary penalties against the carrier as specified in RCW 7.80.120, for each day that a limousine is operated without a valid limousine carrier license or valid limousine vehicle certificate required under this subsection.
[ 2011 c 374 s 5; 1996 c 87 s 8. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
(1) The department shall require limousine carriers to obtain and continue in effect, liability and property damage insurance from a company licensed to sell liability insurance in this state for each limousine used to transport persons for compensation.
(2) The department shall fix by rule coverages and limits, and prohibit provisions that limit coverage, for the insurance policy or policies, giving consideration to the character and amount of traffic, the number of persons affected, and the degree of danger that the proposed operation involves. The limousine carrier must maintain the liability and property damage insurance in force on each limousine while licensed by the department.
(3) Failure to file and maintain in effect the insurance required under this section is a gross misdemeanor and the limousine vehicle certificate must be summarily suspended. It is a class 1 civil infraction, with monetary penalties against the carrier as specified in RCW 7.80.120, for each day that a carrier operates a limousine with a summarily suspended limousine vehicle certificate.
[ 2011 c 374 s 6; 2003 c 53 s 251; 1996 c 87 s 9. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) If the limousine carrier substitutes a liability and property damage insurance policy after a vehicle certificate has been issued, a new vehicle certificate is required. The limousine carrier shall submit the substituted policy to the department for approval, together with a fee. If the department approves the substituted policy, the department shall issue a new vehicle certificate.
(2) If a vehicle certificate has been lost, destroyed, or stolen, a duplicate vehicle certificate may be obtained by filing an affidavit of loss and paying a fee.
(3)(a) Except as provided in (b) of this subsection, a limousine carrier who operates a vehicle without first having received a vehicle certificate as required by this chapter is guilty of a misdemeanor.
(b) A second or subsequent offense is a gross misdemeanor.
[ 2003 c 53 s 252; 1996 c 87 s 10. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) No limousine carrier may advertise without listing the carrier's unified business identifier issued by the department in the advertisement and specifying the type of service offered as provided in RCW 46.04.274. No limousine carrier may advertise or hold itself out to the public as providing taxicab transportation services.
(2) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents that show a limousine carrier's name or address shall list the carrier's unified business identifier and the type of service offered. The alphabetized listing of limousine carriers appearing in the advertising sections of telephone books or other directories and all advertising that shows the carrier's name or address must show the carrier's current unified business identifier.
(3) Advertising in the alphabetical listing in a telephone directory need not contain the carrier's certified business identifier.
(4) It is a violation, subject to a fine of up to five thousand dollars per violation, for a person to (a) falsify a unified business identifier or use a false or inaccurate unified business identifier; (b) fail to specify the type of service offered; (c) advertise or otherwise hold itself out to the public as providing taxicab transportation services in connection with a solicitation or identification as an authorized limousine carrier; or (d) conduct commercial limousine business without a valid limousine carrier license or valid limousine vehicle certificate as required under this chapter, unless licensed as a charter party carrier under chapter 81.70 RCW.
(5) If the basis for the violation is advertising, each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation.
(6) In deciding the amount of penalty to be imposed per violation, the department shall consider the following factors:
(a) The carrier's willingness to comply with the department's rules under this chapter; and
(b) The carrier's history with respect to compliance with this section.
(7) It is a class 1 civil infraction, with monetary penalties against the chauffeur as specified in RCW 7.80.120, for a chauffeur to:
(a) Solicit or assign customers directly or through a third party for immediate, nonprearranged limousine service pick up as described in RCW 46.72A.020(1); or
(b) Offer payment to a third party to solicit customers for limousine service pick up without current copies of a written contract regarding such services on file at the third party's business. Copies of the current written contract must be stored and made available on both the third party's and limousine carrier's business premises. Limousine vehicles engaged in the services detailed in the contract must carry a certificate verifying existence of a current contract between the parties. The certificate must contain a general description of the agreement, including initial and expiration dates. A written contract may not allow for immediate, nonprearranged limousine service pick up.
(8) It is a class 1 civil infraction, with monetary penalties against the individual as specified in RCW 7.80.120, for an individual to:
(a) Accept payment to solicit or assign customers on the behalf of a chauffeur for immediate, nonprearranged limousine service pick up as described in RCW 46.72A.020(1); or
(b) Accept payment to solicit customers for limousine service pick up without current copies of a written contract regarding such services on file at the third party's business. Copies of the current written contract must be stored and made available on the third party's business premises and in any limousine engaged in the services detailed in the contract. A written contract may not allow for immediate, nonprearranged limousine service pick up.
[ 2011 c 374 s 7; 1997 c 193 s 1; 1996 c 87 s 11. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
(1) The limousine carrier shall, before a chauffeur operates a limousine, provide proof in a form approved by the department to the appropriate regulating authority that each chauffeur hired to operate a limousine meets the following criteria administered or monitored by the department or an authority approved by the department: (a) Is at least twenty-one years of age; (b) holds a valid Washington state driver's license; (c) has successfully completed a training course approved by the department; (d) has successfully passed a written examination which, to the greatest extent practicable, the department must administer in the applicant's language of preference; (e) has successfully completed a background check performed by the Washington state patrol or a credentialing authority approved by the department that meets standards adopted by rule by the department; (f) has passed an initial test and is participating in a random testing program designed to detect the presence of any controlled substances determined by the department; (g) has a satisfactory driving record that meets moving accident and moving violation conviction standards adopted by rule by the department; and (h) has submitted a medical certificate certifying the individual's fitness as a chauffeur. Upon initial application and every two years thereafter, a chauffeur must file a physician's certification with the limousine carrier validating the individual's fitness to drive a limousine. The department shall determine by rule the scope of the examination and standards for denial based upon the chauffeur's physical examination. The director may require a chauffeur to undergo an additional controlled substance test or physical examination if the chauffeur has failed a controlled substance test or his or her physical fitness has been called into question.
(2) The limousine carrier shall keep on file and make available for inspection all documents required by this section.
[ 2011 c 374 s 8; 1996 c 87 s 12. ]
NOTES:
Report by internal work group on issuance of chauffeur licenses—2011 c 374: "The department of licensing shall convene an internal work group regarding the issuance of chauffeur licenses. The department shall provide a report on its recommendations on this issue to the transportation committees of the legislature by November 15, 2012." [ 2011 c 374 s 13.]
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
The director may impose any of the sanctions specified in RCW 18.235.110 for unprofessional conduct as described in RCW 18.235.130 or if one of the following is true of a chauffeur hired to drive a limousine, including where such a chauffeur is also the carrier: (1) The person has been convicted of an offense of such a nature as to indicate that he or she is unfit to qualify as a chauffeur; (2) the person is guilty of committing an offense for which mandatory revocation of a driver's license is provided by law; (3) the person has been convicted of vehicular homicide or vehicular assault; (4) the person is intemperate or addicted to narcotics; or (5) the person, while participating in a random testing program designed to detect the presence of any controlled substances determined by the department under RCW 46.72A.090, is found to have taken one of the controlled substances determined by the department without a valid and current prescription from a licensed physician.
[ 2011 c 374 s 9; 2002 c 86 s 295; 1996 c 87 s 13. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
The department must transmit all license and vehicle certificate fees received under this chapter, together with a proper identifying report, to the state treasurer to be deposited by the state treasurer in the highway safety fund. Appropriations from the highway safety fund will support expenses incurred in carrying out the licensing and regulatory activities of this chapter.
[ 2011 c 298 s 28; 1996 c 87 s 14. ]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
The department may adopt and enforce such rules, including the setting of fees, as may be consistent with and necessary to carry out this chapter. The fees must approximate the cost of administration. Any fee related to limousine vehicle certificates must not exceed seventy-five dollars. Any fee related to a limousine carrier license for a business must not exceed three hundred fifty dollars. Any fee related to limousine vehicle inspections must not exceed twenty-five dollars.
[ 2011 c 374 s 10; 1996 c 87 s 15. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
A vehicle operated as a limousine under *chapter 81.90 RCW before April 1, 1996, may continue to operate as a limousine even though it may not meet the definition of limousine in RCW 46.04.274 as long as the owner is the same as the registered owner on April 1, 1996, and the vehicle and limousine carrier otherwise comply with this chapter.
[ 1996 c 87 s 16. ]
NOTES:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter by the department.
[ 2011 c 374 s 11; 2002 c 86 s 296. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
(1) The department may enter into cooperative agreements with cities with populations of five hundred thousand or more for the purpose of enforcing state laws or rules applicable to limousine carriers and chauffeurs. This power to enforce includes the right to adopt local limousine laws by city ordinance that are consistent with this chapter and the right to impose monetary penalties by civil infraction as provided in this chapter.
(2) In addition, the following specific authority and limitations to city enforcement must be included:
(a) City enforcement officers may conduct street enforcement activity consistent with this chapter;
(b) City enforcement officers may conduct inspections of limousines to verify compliance with limousine standards adopted by rule by the department and, if the carrier requests, conduct annual limousine vehicle inspections in lieu of an inspection conducted by the Washington state patrol. The city may receive all limousine inspection or reinspection fees for inspections conducted by city enforcement officers;
(c) A city may require that any limousine carrier dispatching a limousine to pick up passengers within the incorporated area of the city to maintain on file with the city insurance documents that meet the requirements adopted by rule by the department. The city may issue civil infractions to carriers and summarily suspend limousine vehicle certificates for failure to maintain on file valid insurance documents with the city.
(3) A cooperative agreement with the department for delegated enforcement must specify the schedule and amount of funds derived from limousine carrier license, limousine vehicle certificate, and chauffeur license fee revenue to be provided to the city to allow the city to provide the agreed upon level of enforcement. In addition, the cooperative agreement must restrict the fee revenue use by a city to the costs of enforcing state laws or rules applicable to limousine carriers and chauffeurs.
[ 2011 c 374 s 12. ]
NOTES:
Effective date—2011 c 374 ss 1-12: See note following RCW 46.72A.010.
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
(1) The limousine carriers account is created in the state treasury. Notwithstanding any other provision of law, all receipts from each civil infraction and violation imposed by this chapter must be deposited into the account. Moneys in the account must be spent only after appropriation.
(2) Expenditures from the account may be used only for regulation and enforcement under this chapter, including regulation and enforcement through a cooperative agreement as described in RCW 46.72A.150.
[ 2011 c 374 s 14. ]
NOTES:
Effective date—2011 c 374 s 14: "Section 14 of this act takes effect July 1, 2012." [ 2011 c 374 s 16.]
Report by internal work group on issuance of chauffeur licenses—2011 c 374: See note following RCW 46.72A.090.
The purpose of this chapter is to: Provide statewide uniform regulation for transportation network companies within the state of Washington, encourage technological innovation, and preserve and enhance access to important transportation options for residents and visitors to Washington state.
[ 2022 c 281 s 14. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of licensing.
(2) "Digital network" means any online-enabled application, website, or system offered or used by a transportation network company that enables the prearrangement of rides between drivers and passengers.
(3) "Director" means the director of the department of licensing.
(4) "Driver" has the meaning provided in RCW 49.46.300.
(5) "Network services" has the meaning provided in RCW 49.46.300.
(6) "Passenger" means an individual who uses a digital network to connect with a driver in order to obtain a prearranged ride in the driver's transportation network company vehicle. A person may use a digital network to request a prearranged ride on behalf of a passenger.
(7) "Prearranged ride" has the same meaning provided in RCW 48.177.005.
(8) "Product class" means special ride options, offered to passengers for additional fees, that are based on the type of vehicle, such as make and model, or based on the type of vehicle combined with specified features or ride preferences.
(9) "Transportation network company" has the meaning provided in RCW 49.46.300.
(10) "Transportation network company vehicle" has the same meaning as "personal vehicle" in RCW 48.177.005.
[ 2025 c 229 s 1; 2022 c 281 s 15. ]
NOTES:
Effective date—2025 c 229 ss 1 and 2: "Sections 1 and 2 of this act take effect September 1, 2025." [ 2025 c 229 s 4.]
(1) A person must first obtain a permit from the department to operate a transportation network company in Washington state, except that any transportation network company operating in the state before March 1, 2023, may continue operating until the department creates a permit process and sets a registration deadline.
(2) The department must annually issue a permit to each applicant that meets the requirements for a transportation network company as set forth in this chapter and pays an annual permit fee of $5,000 to the department.
[ 2022 c 281 s 17. ]
NOTES:
Effective dates—2022 c 281 ss 8-13, 17, and 28: See note following RCW 51.12.020.
Any transportation network company operating in Washington state must maintain an agent for service of process in the state.
[ 2022 c 281 s 18. ]
(1) Before a passenger enters a transportation network company vehicle, the transportation network company must provide, on behalf of the driver, either the fare for the prearranged ride or the option to receive an estimated fare for the prearranged ride.
(2) During the first seven days of a state of emergency, as declared by the governor or the president of the United States, a transportation network company may not charge a fare for transportation network company services provided to any passenger that exceeds two and one-half times the fare that would otherwise be applicable for the prearranged ride.
[ 2022 c 281 s 19. ]
A transportation network company's digital network or website must display a photograph of the driver and the license plate number of the transportation network company vehicle.
[ 2022 c 281 s 20. ]
A transportation network company must require that any motor vehicle that a transportation network company driver will use to provide prearranged rides is not more than 15 years old as determined by the model year of the vehicle.
[ 2022 c 281 s 21. ]
(1) A transportation network company must implement a zero tolerance policy regarding a driver's activities while accessing the transportation network company's digital network. The zero tolerance policy must address the use of drugs or alcohol while a driver is providing prearranged rides or is logged in to the transportation network company's digital network but is not providing prearranged rides.
(2) A transportation network company must provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(3) A transportation network company must maintain records relevant to the enforcement of the policy under this section for a period of at least two years from the date that a passenger complaint is received by the transportation network company.
[ 2022 c 281 s 22. ]
(1) Before allowing an individual to accept prearranged ride requests as a driver through a transportation network company's digital network and annually thereafter:
(a) The individual must submit an application to the transportation network company, which includes information regarding his or her name, address, phone number, age, driver's license number, motor vehicle registration, automobile liability insurance, and other information required by the transportation network company;
(b) The transportation network company, or a designated third party on behalf of the transportation network company, that is either nationally accredited or approved by the director, must conduct an annual local and national criminal background check for the applicant to include a review of:
(i) A multistate/multijurisdiction criminal records locator or other similar commercial nationwide database with validation; and
(ii) The United States department of justice national sex offender public website; and
(c) The transportation network company, or designated third party, must obtain and review a driving history report for the individual.
(2) A transportation network company must not permit an individual to act as a driver on its digital network who:
(a) Has had more than three moving violations in the prior three-year period, or one of the following major violations in the prior three-year period:
(i) Attempting to elude the police pursuant to RCW 46.61.024;
(ii) Reckless driving pursuant to RCW 46.61.500; or
(iii) Driving on a suspended or revoked driver's license pursuant to RCW 46.20.342 or 46.20.345;
(b) Has been convicted, within the past seven years, of:
(i) Any class A or B felony in Title 9A RCW;
(ii) Any violent offense as defined in RCW 9.94A.030 or serious violent offense as defined in RCW 9.94A.030;
(iii) Any most serious offense as defined in RCW 9.94A.030; or
(iv) Driving under the influence, hit and run, or any other driving-related crime pursuant to RCW 46.61.500 through 46.61.540;
(c) Has been convicted of any sex offense as defined in RCW 9.94A.030 or is a match in the United States department of justice national sex offender public website;
(d) Does not possess a valid driver's license;
(e) Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides;
(f) Is not at least 20 years of age; or
(g) Has not self-certified that he or she is physically and mentally fit to be a transportation network company driver.
(3)(a) Subsection (2)(a) and (b) of this section applies to any conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in subsection (2)(a) and (b) of this section.
(b) Any collision where the driver can demonstrate, through the account deactivation appeals process outlined in RCW 49.46.300(15), that he or she was not at fault for the collision, shall not be considered to be a moving violation under subsection (2)(a) of this section.
(c) For purposes of subsection (2)(a) of this section[,] multiple moving violations shall be treated by the transportation network company as a single moving violation if the driver can demonstrate, through the account deactivation appeals process outlined in RCW 49.46.300(15), that the violations arose from a single incident.
(4) A transportation network company must establish a clear background check policy consistent with this section that informs drivers of any thresholds for categories of violations and any other factors which will result in a restriction of access to the driver platform.
[ 2022 c 281 s 23. ]
A driver may not:
(1) Solicit or accept a trip request to provide network services other than a trip request arranged through a transportation network company's digital network;
(2) Provide network services for more than 14 consecutive hours in a 24-hour period; or
(3) Allow any other individual to use that driver's access to a transportation network company's digital network.
[ 2022 c 281 s 24. ]
(1) A transportation network company must adopt a policy of nondiscrimination on the basis of race, color, national origin, citizenship or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, the use of a trained dog guide or service animal by a person with a disability, or any other protected class under RCW 49.60.010, with respect to passengers and potential passengers and notify drivers of such policy.
(2) A driver must comply with all applicable laws regarding nondiscrimination against transportation network company riders or potential riders on the basis of race, color, national origin, citizenship or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.
(3) A driver must comply with all applicable laws relating to the transportation of service animals.
(4) A transportation network company may not impose additional charges for providing services to persons with disabilities because of those disabilities.
[ 2022 c 281 s 25. ]
Any safety product, feature, process, policy, standard, or other effort undertaken by a transportation network company, or the provision of equipment by a transportation network company, to further public safety is not an indicia of an employment or agency relationship with a driver.
[ 2022 c 281 s 26. ]
A transportation network company must maintain the following records:
(1) Individual trip records, except receipts pursuant to RCW 49.46.300(9), for at least three years from the end of the calendar year in which each trip was provided; and
(2) Individual records of drivers, except receipts pursuant to RCW 49.46.300(9), at least until the end of the calendar year marking the three-year anniversary of the date on which a driver's relationship with the transportation network company has ended.
[ 2022 c 281 s 27. ]
(1) For the sole purpose of verifying that a transportation network company is in compliance with the requirements of this chapter and no more than twice per year, the department may review a sample of records that the transportation network company is required to maintain under this chapter. The sample of records must be chosen randomly by the department in a manner agreeable to both parties. Any record sample furnished to the department may exclude information that would reasonably identify specific drivers or passengers.
(2) Records provided to the department for inspection under this chapter are exempt from disclosure under chapter 42.56 RCW and are confidential and not subject to disclosure to a third party by the department without prior written consent of the transportation network company.
[ 2022 c 281 s 28. ]
NOTES:
Effective dates—2022 c 281 ss 8-13, 17, and 28: See note following RCW 51.12.020.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2022 c 281 s 29. ]
The department may adopt rules consistent with and as necessary to carry out this chapter.
[ 2022 c 281 s 30. ]
(1) A transportation network company shall not, unless based upon a bona fide occupational qualification, refuse to contract with or terminate the contract of a driver based upon age, sex, marital status, sexual orientation, gender expression or gender identity, race, creed, religious belief or affiliation, color, national origin, citizenship or immigration status, families with children, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, the use of a trained guide dog or service animal by a person with a disability, or any other protected class under RCW 49.60.010.
(2) Drivers shall have all rights and remedies available under chapter 49.60 RCW solely to enforce this section.
[ 2022 c 281 s 31. ]
(1)(a) Before being used to provide commercial transportation services, as defined in RCW 48.177.005, every personal vehicle, as defined in RCW 48.177.005, must be covered by a primary automobile insurance policy that specifically covers commercial transportation services. However, the insurance coverage requirements of this section are alternatively satisfied by securing coverage pursuant to chapter 46.72 or 46.72A RCW that covers the personal vehicle being used to provide commercial transportation services and that is in effect twenty-four hours per day, seven days per week. Except as provided in subsection (2) of this section, a commercial transportation services provider, as defined in RCW 48.177.005, must secure this policy for every personal vehicle used to provide commercial transportation services. For purposes of this section, a "primary automobile insurance policy" is not a private passenger automobile insurance policy.
(b) The primary automobile insurance policy required under this section must provide coverage, as specified in this subsection (1)(b), at all times the driver is logged in to a commercial transportation services provider's digital network or software application and at all times a passenger is in the vehicle as part of a prearranged ride.
(i) The primary automobile insurance policy required under this subsection must provide the following coverage during commercial transportation services applicable during the period before a driver accepts a requested ride through a digital network or software application:
(A) Liability coverage in an amount no less than fifty thousand dollars per person for bodily injury, one hundred thousand dollars per accident for bodily injury of all persons, and thirty thousand dollars for damage to property;
(B) Underinsured motorist coverage to the extent required under RCW 48.22.030; and
(C) Personal injury protection coverage to the extent required under RCW 48.22.085 and 48.22.095.
(ii) The primary automobile insurance policy required under this subsection must provide the following coverage, applicable during the period of a prearranged ride:
(A) Combined single limit liability coverage in the amount of one million dollars for death, personal injury, and property damage; and
(B) Personal injury protection coverage to the extent required under RCW 48.22.085 and 48.22.095.
(iii) The primary automobile insurance policy required under this subsection must provide underinsured motorist coverage in the amount of $100,000 per person, $300,000 per accident from the moment a passenger enters the transportation network company vehicle of a driver until the passenger exits the transportation network company vehicle.
(2)(a) As an alternative to the provisions of subsection (1) of this section, a driver may secure a primary automobile insurance policy covering a personal vehicle and providing the same coverage as required in subsection (1) of this section from a lawful admitted or surplus lines insurer. The policy coverage may be in the form of a rider to, or endorsement of, the driver's private passenger automobile insurance policy only if approved as such by the office of the insurance commissioner.
(b) If the primary automobile insurance policy maintained by a driver to meet the obligation of this section does not provide coverage for any reason, including that the policy lapsed or did not exist, the commercial transportation services provider must provide the coverage required under this section beginning with the first dollar of a claim.
(c) The primary automobile insurance policy required under this subsection and subsection (1) of this section may be secured by any of the following:
(i) The commercial transportation services provider as provided under subsection (1) of this section;
(ii) The driver as provided under (a) of this subsection; or
(iii) A combination of both the commercial transportation services provider and the driver.
(3) The insurer or insurers providing coverage under subsections (1) and (2) of this section are the only insurers having the duty to defend any liability claim from an accident occurring while commercial transportation services are being provided.
(4) In addition to the requirements in subsections (1) and (2) of this section, before allowing a person to provide commercial transportation services as a driver, a commercial transportation services provider must provide written proof to the driver that the driver is covered by a primary automobile insurance policy that meets the requirements of this section. Alternatively, if a driver purchases a primary automobile insurance policy as allowed under subsection (2) of this section, the commercial transportation services provider must verify that the driver has done so.
(5) A primary automobile insurance policy required under subsection (1) or (2) of this section may be placed with an insurer licensed under this title to provide insurance in the state of Washington or as an eligible surplus line insurance policy as described in RCW 48.15.040, or through a surplus lines insurer that meets the financial requirements as described in RCW 48.15.090 and follows the procurement procedures of RCW 48.15.040.
(6) Insurers that write automobile insurance in Washington may exclude any and all coverage afforded under a private passenger automobile insurance policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver for a commercial transportation services provider is logged in to a commercial transportation services provider's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a private passenger automobile insurance policy including, but not limited to:
(a) Liability coverage for bodily injury and property damage;
(b) Personal injury protection coverage;
(c) Underinsured motorist coverage;
(d) Medical payments coverage;
(e) Comprehensive physical damage coverage; and
(f) Collision physical damage coverage.
(7) Nothing in this section shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage or a duty to defend for the period of time in which a driver is logged in to a commercial transportation services provider's digital network or software application or while the driver is engaged in a prearranged ride or the driver otherwise uses a vehicle to transport passengers for compensation.
(8) Insurers that exclude coverage under subsection (6) of this section have no duty to defend or indemnify any claim expressly excluded under subsection (6) of this section. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in Washington state before July 24, 2015, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
(9) An exclusion exercised by an insurer in subsection (6) of this section applies to any coverage selected or rejected by a named insured under RCW 48.22.030 and 48.22.085. The purchase of a rider or endorsement by a driver under subsection (2)(a) of this section does not require a separate coverage rejection under RCW 48.22.030 or 48.22.085.
(10) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided as follows:
(a) Except as provided otherwise under subsection (2)(c) of this section, if the driver has been matched with a passenger and is traveling to pick up the passenger, or the driver is providing services to a passenger, the commercial transportation services provider that matched the driver and passenger must provide insurance coverage; or
(b) If the driver is logged in to the digital network or software application of more than one commercial transportation services provider but has not been matched with a passenger, the liability must be divided equally among all of the applicable insurance policies that specifically provide coverage for commercial transportation services.
(11) In an accident or claims coverage investigation, a commercial transportation services provider or its insurer must cooperate with a private passenger automobile insurance policy insurer and other insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of (a) dates and times at which an accident occurred that involved a participating driver and (b) within ten business days after receiving a request, a copy of the provider's electronic record showing the precise times that the participating driver logged on and off the provider's digital network or software application on the day the accident or other loss occurred. The commercial transportation services provider or its insurer must retain all data, communications, or documents related to insurance coverage or accident details for a period of not less than the applicable statutes of limitation, plus two years from the date of an accident to which those records pertain.
(12) This section does not modify or abrogate any otherwise applicable insurance requirement set forth in this title.
(13) After July 1, 2016, an insurance company regulated under this title may not deny an otherwise covered claim arising exclusively out of the personal use of the private passenger automobile solely on the basis that the insured, at other times, used the private passenger automobile covered by the policy to provide commercial transportation services.
(14) If an insurer for a commercial transportation services provider makes a payment for a claim covered under comprehensive coverage or collision coverage, the commercial transportation services provider must cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
(15)(a) To be eligible for securing a primary automobile insurance policy under this section, a commercial transportation services provider must make the following disclosures to a prospective driver in the prospective driver's terms of service:
WHILE OPERATING ON THE DIGITAL NETWORK OR SOFTWARE APPLICATION OF THE COMMERCIAL TRANSPORTATION SERVICES PROVIDER, YOUR PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY MIGHT NOT AFFORD LIABILITY, UNDERINSURED MOTORIST, PERSONAL INJURY PROTECTION, COMPREHENSIVE, OR COLLISION COVERAGE, DEPENDING ON THE TERMS OF THE POLICY.
IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE COMMERCIAL TRANSPORTATION SERVICES FOR OUR COMPANY HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR COMMERCIAL TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.
(b) The prospective driver must acknowledge the terms of service electronically or by signature.
[ 2022 c 281 s 33; 2015 c 236 s 2. Formerly RCW 48.177.010. ]
(1) Except as provided in subsections (2) and (3) of this section, as of June 9, 2022, the state preempts the field of regulating transportation network companies and drivers. No county, city, town, or other municipal corporation may regulate transportation network companies or drivers, or impose any tax, fee, or other charge, on a transportation network company or driver.
(2)(a) Except as provided in (b) and (c) of this subsection, a local ordinance or regulation, in a city with a population of more than 600,000 or a county with a population of more than 2,000,000, existing on or before January 1, 2022, that imposes a tax, fee, or other charge on a transportation network company or driver, remains in effect at the rate that exists on or before January 1, 2022. The city or county may continue to collect that tax, fee, or other charge, but may not increase the amount of that tax, fee, or other charge, and may not impose any higher or new taxes, fees, or other charges. This subsection (2)(a) applies retroactively and preempts any increase in the amount of an existing tax, fee, or other charge, or the imposition of any higher or new taxes, fees, or other charges, which occurs between January 2, 2022, and June 9, 2022.
(b) Beginning on January 1, 2023, any local ordinance or regulation, in a city or county described in (a) of this subsection, existing on or before June 9, 2022, that imposed a per trip tax, fee, or other charge for which, at the time the ordinance became effective, the proceeds were to be used in part to fund a driver conflict resolution center, shall be reduced by $0.15. The city or county may continue to collect that tax, fee, or other charge, but only at the reduced rate and may not increase the amount of that tax, fee, or other charge, and may not impose any higher or new taxes, fees, or other charges.
(c) Any per ride fee imposed by a local ordinance or regulation described in (a) of this subsection, the proceeds of which are used to offset expenses of enforcing the ordinance or regulation, may be adjusted under the following provisions:
(i) The city or county demonstrates to the satisfaction of the department that the revenues from the existing per ride fee amount are insufficient to offset the city's or county's cost from enforcement and regulation;
(ii) The total amount expected to be collected under the increased amount will not exceed the city or county's total expected costs; and
(iii) The department has not authorized an increase in the per ride fee in the last two fiscal years.
(3)(a) A local ordinance or regulation in a city with a population of more than six hundred thousand or a county with a population of more than two million, and that existed on or before January 1, 2022, that defined and regulated licensing for transportation network companies and permits for drivers, or the requirements for and processing of applications, certifications, examinations, and background checks for drivers and personal vehicles, remains in effect as the requirements exist on June 9, 2022. The county or city may continue to enforce the ordinance or regulation but may not alter, amend, or implement changes to the ordinance or regulation, or requirements under it, after January 1, 2022, except if such alteration, amendment, or implementation conforms with the requirements of this chapter. This subsection shall apply retroactively to any alteration, amendment, or implementation which occurs between March 10, 2022, and June 9, 2022.
(b) Notwithstanding subsection (1) of this section, a local ordinance or regulation in a city with a population of more than six hundred thousand or a county with a population of more than two million, and that existed before January 1, 2022, that is related to requirements covered by RCW 49.46.300, 49.46.350, 51.16.250, and 51.04.190, and sections 6, 8 through 10, and 12, chapter 281, Laws of 2022 are preempted as of January 1, 2023. The city may continue to enforce the local ordinance or regulation between June 9, 2022, and January 1, 2023, but may not alter, amend, or implement changes to the ordinance or regulation, or requirements under it, after January 1, 2022, except if such alteration, or amendment, or implementation conforms with the requirements of chapter 281, Laws of 2022. This subsection shall apply retroactively to any alteration, amendment, or implementation which occurs between March 10, 2022, and June 9, 2022.
(4) Nothing in this chapter shall be interpreted to prevent an airport operator, as defined in RCW 14.08.015, from requiring a transportation network company to enter into a contract or agreement, consistent with the provisions of RCW 14.08.120, governing requirements of the transportation network company on airport property including but not limited to the fees and operational requirements. An airport operator may not impose any requirements through a contract authorized by this section that relate to requirements covered by RCW 49.46.300, 49.46.350, 51.16.250, 51.04.190, 49.46.210(5), 51.08.070, 51.08.180, 51.12.020, and 51.16.060.
(5) Other than taxes, fees, or other charges imposed explicitly or exclusively on a transportation network company or driver, this section does not preempt any generally applicable taxes, fees, or other charges, such as:
(a) Business tax;
(b) Sales and use tax;
(c) Excise tax; or
(d) Property tax.
[ 2022 c 281 s 32. ]
(1) Beginning July 1, 2024, the employment security department shall develop and administer a pilot program under Title 50A RCW focusing on transportation network companies and drivers.
(2) The pilot program must require that:
(a) Drivers may continue to have the option of electing coverage under Title 50A RCW as self-employed individuals;
(b) By the 15th day of the month following the end of the calendar quarter, transportation network companies report to each driver in Washington the total amount of compensation, as defined in RCW 49.46.300, that the driver earned providing network services through the transportation network company's digital network in that quarter;
(c) By the 15th day of the month following the drivers' reporting deadline for the calendar quarter, the employment security department share data with each transportation network company on the drivers who, in that calendar quarter: (i) Reported and paid assessed premiums; and (ii) withdrew or canceled paid family and medical leave coverage; and
(d) By the 15th day following the receipt of information from the employment security department under (c) of this subsection, transportation network companies pay each driver who elected coverage under (a) of this subsection an amount equal to the premium rate assessed, multiplied by the amount of compensation, as defined in RCW 49.46.300, that the driver earned providing network services through the transportation network company's digital network in that quarter. For purposes of this section, compensation shall not include any amount listed in RCW 50A.05.010(22)(d). The requirement to pay premiums under the pilot program ends December 31, 2028.
(3) For the purposes of the pilot program, this section does not require a driver to opt into family and medical leave coverage for any other self-employment or independent contract work not associated with a transportation network company.
(4) Drivers in the pilot program are not subject to the requirements in RCW 50A.10.010(1).
(5) Drivers electing coverage must elect both family and medical leave and are responsible for 100 percent of all premiums assessed to an employee under RCW 50A.10.030.
(6) The driver must file a notice of election in writing with the employment security department, in a manner as required by the department in rule.
(7) The driver is eligible for family and medical leave after working 820 hours in the state during the qualifying period following the date of filing the notice.
(8)(a) The employment security department must evaluate the pilot program for its impacts on removing barriers to accessing paid family and medical leave, as well as impacts on the paid family and medical leave insurance account.
(b) By September 1, 2027, the employment security department must submit a report to the appropriate committees of the legislature summarizing the employment security department's evaluation of the pilot program and making any recommendations, if appropriate.
(9) The employment security department may adopt rules necessary to implement the pilot program in this section.
(10) This section expires December 31, 2028.
[ 2023 c 451 s 3. ]
(1) A transportation network company must make information available to transportation network company drivers on which vehicles, described by make, model, and year, are eligible for each product class offered on the transportation network company platform.
(2) For any vehicle that lost eligibility on the basis of vehicle year or model type for a particular product class in the 12 months prior to September 1, 2025, the transportation network company must reinstate the vehicle to that product class for at least 12 months following September 1, 2025. The requirements in subsection (2) of this section [this subsection (2)] do not apply to vehicles that lost eligibility for a reason other than vehicle year or model type, including but not limited to the driver's loss of access to the transportation network company's platform, vehicle safety-related or vehicle condition issues, or the driver's or vehicle's noncompliance with law or regulatory standards.
(3) If a transportation network company plans to modify vehicle age or model type requirements for an existing product class, the transportation network company must provide all current drivers with written notice at least 120 calendar days before the change is implemented.
[ 2025 c 229 s 2. ]
NOTES:
Effective date—2025 c 229 ss 1 and 2: See note following RCW 46.72B.020.
The Washington state patrol may adopt rules establishing standards for qualifications and hours of service of drivers for private carriers as defined by *RCW 81.80.010(6). Such standards shall correlate with and, as far as reasonable, conform to the regulations contained in Title 49 C.F.R., Chapter 3, Subchapter B, Parts 391 and 395, on July 28, 1985.
[ 2005 c 319 s 120; 1985 c 333 s 1. ]
NOTES:
*Reviser's note: Due to the alphabetization of RCW 81.80.010 pursuant to RCW 1.08.015(2)(k), subsection (6) was changed to subsection (9).
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
The delegation of rule-making authority contained in RCW 46.73.010 is conditioned upon the continued receipt of federal funds or grants for the support of state enforcement of such rules. Within ninety days of finding that federal funds or grants are withdrawn or not renewed, the Washington state patrol and the Washington utilities and transportation commission shall repeal any and all rules adopted under RCW 46.73.010.
[ 1985 c 333 s 2. ]
A violation of any rule adopted by the Washington state patrol under RCW 46.73.010 is a traffic infraction.
[ 1985 c 333 s 3. ]
The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Persons with special transportation needs" has the same meaning as provided in RCW 81.66.010.
(2) "Ride sharing" means a carpool or vanpool arrangement whereby one or more groups not exceeding 15 persons each including the drivers, and not fewer than three persons including the drivers are transported in a passenger motor vehicle with a gross vehicle weight not exceeding 10,000 pounds. "Ride sharing" does not include transportation provided in the normal course of business by entities that are subject to chapters 46.72A, 48.177, 81.66, 81.68, 81.70, and 81.72 RCW, or offer peer-to-peer car sharing. For purposes of this section, "peer-to-peer car sharing" means motor vehicle owners making their motor vehicles available for persons to rent for short periods of time.
(3) "Ride sharing for persons with special transportation needs" means an arrangement whereby a group of persons with special transportation needs, and their attendants, is transported by a public social service agency or a private, nonprofit transportation provider, as defined in RCW 81.66.010, serving persons with special needs, in a passenger motor vehicle as defined by the department to include small buses, cutaways, and modified vans not more than twenty-eight feet long. The driver need not be a person with special transportation needs.
(4) "Ride-sharing operator" means the person, entity, or concern, not necessarily the driver, responsible for the existence and continuance of ride sharing or ride sharing for persons with special transportation needs. The term "ride-sharing operator" includes but is not limited to an employer, an employer's agent, an employer-organized association, a state agency, a county, a city, a public transportation benefit area, a public transportation agency, or any other political subdivision that owns or leases a ride-sharing vehicle.
(5) "Ride-sharing promotional activities" means those activities involved in forming a ride-sharing arrangement including, but not limited to, receiving information from existing and prospective ride-sharing participants, sharing that information with other existing and prospective ride-sharing participants, matching those persons with other existing or prospective ride-sharing participants, and making assignments of persons to ride-sharing arrangements.
[ 2021 c 135 s 2; 2014 c 97 s 501. Prior: 2009 c 557 s 5; prior: 1997 c 250 s 8; 1997 c 95 s 1; 1996 c 244 s 2; 1979 c 111 s 1. ]
NOTES:
Effective date—2021 c 135: See note following RCW 46.18.285.
Severability—1979 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 c 111 s 21.]
Ride-sharing vehicles are not deemed for hire vehicles and do not fall within the provisions of chapter 46.72 RCW or any other provision of Title 46 RCW affecting for hire vehicles, whether or not the ride-sharing operator receives compensation.
[ 1979 c 111 s 2. ]
NOTES:
Severability—1979 c 111: See note following RCW 46.74.010.
The operator and the driver of a ride-sharing vehicle shall be held to a reasonable and ordinary standard of care, and are not subject to ordinances or regulations which relate exclusively to the regulation of drivers or owners of motor vehicles operated for hire, or other common carriers or public transit carriers. No person, entity, or concern may, as a result of engaging in ride-sharing promotional activities, be liable for civil damages arising directly or indirectly (1) from the maintenance and operation of a ride-sharing vehicle; or (2) from an intentional act of another person who is participating or proposing to participate in a ride-sharing arrangement, unless the ride-sharing operator or promoter had prior, actual knowledge that the intentional act was likely to occur and had a reasonable ability to prevent the act from occurring.
[ 2021 c 135 s 3; 1997 c 250 s 9; 1996 c 244 s 3; 1979 c 111 s 3. ]
NOTES:
Effective date—2021 c 135: See note following RCW 46.18.285.
Severability—1979 c 111: See note following RCW 46.74.010.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Car sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement.
(2) "Car sharing period" means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time.
(3) "Car sharing program agreement" means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. "Car sharing program agreement" does not mean rental car agreement, or similar agreement, as defined in RCW 48.115.005.
(4) "Car sharing start time" means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer–to–peer car sharing program.
(5) "Car sharing termination time" means the earliest of the following events:
(a) The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
(b) When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program; or
(c) When the shared vehicle owner or the shared vehicle owner's authorized designee, takes possession and control of the shared vehicle.
(6) "Peer-to-peer car sharing" means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. "Peer-to-peer car sharing" does not mean retail car rental under chapter 82.08 RCW or rental car as defined in RCW 46.04.465 and 48.115.005.
(7) "Peer-to-peer car sharing program" means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. "Peer-to-peer car sharing program" does not mean rental car company as defined in RCW 48.115.005 or rental car business as defined in RCW 46.04.466.
(8) "Shared vehicle" means a vehicle that is available for sharing through a peer-to-peer car sharing program. "Shared vehicle" does not mean rental car as defined in RCW 46.04.465 and 48.115.005 or retail car rental as defined in RCW 82.08.011.
(9) "Shared vehicle driver" means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. "Shared vehicle driver" does not mean consumer as used in RCW 82.08.011. "Shared vehicle driver" does not mean renter within the meaning of RCW 48.115.005. A shared vehicle driver is not a person to whom a rental car is made available within the meaning of RCW 46.04.465.
(10) "Shared vehicle owner" means the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. "Shared vehicle owner" does not mean rental car business as defined in RCW 46.04.466. "Shared vehicle owner" does not mean rental car company as defined in RCW 48.115.005.
[ 2022 c 67 s 2. ]
(1)(a) A peer-to-peer car sharing program shall assume the liability, except as provided in (b) of this subsection, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement, which amount may not be less than those set forth in chapter 46.29 RCW.
(b) Notwithstanding the definition of car sharing termination time as provided in RCW 46.74A.010, the assumption of liability under (a) of this subsection does not apply to any shared vehicle owner when:
(i) A shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred; or
(ii) Acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
(c) Notwithstanding the definition of car sharing termination time as provided in RCW 46.74A.010, the assumption of liability under (a) of this subsection would apply to bodily injury, property damage, uninsured and underinsured motorist, or personal injury protection losses by damaged third parties required by chapter 46.29 RCW.
(d) A peer-to-peer car sharing program shall make certain that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than two times the minimum amounts provided in chapter 46.29 RCW, and:
(i) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or
(ii) Does not exclude use of a shared vehicle by a shared vehicle driver.
(e) The insurance coverage described under (d) of this subsection may be satisfied by a motor vehicle liability insurance policy maintained by:
(i) A shared vehicle owner;
(ii) A shared vehicle driver;
(iii) A peer-to-peer car sharing program; or
(iv) Any combination of (e)(i) through (iii) of this subsection.
(f) The insurance policy or policies described in (e) of this subsection that are satisfying the insurance requirement of (d) of this subsection shall be primary during each car sharing period.
(g) The peer-to-peer car sharing program shall assume primary liability for a claim when it is in whole or in part providing the insurance required under (d) and (e) of this subsection and:
(i) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss; and
(ii) The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by RCW 46.74A.030. The shared motor vehicle's insurer shall indemnify the peer-to-peer car sharing program to the extent of its obligation under, if any, the applicable insurance policy, if it is determined that the shared motor vehicle's owner was in control of the shared motor vehicle at the time of the loss.
(h) If the insurance policy maintained by a shared vehicle owner or shared vehicle driver in accordance with (e) of this subsection has lapsed or does not provide the required insurance coverage, the insurance policy maintained by a peer-to-peer car sharing program shall provide the insurance coverage required by (d) of this subsection beginning with the first dollar of a claim and shall have the duty to defend such claim except under circumstances as provided in (b) of this subsection.
(i) Coverage under a motor vehicle liability insurance policy maintained by the peer-to-peer car sharing program is not dependent on another motor vehicle insurer first denying a claim nor shall another motor vehicle liability insurance policy be required to first deny a claim.
(j) Nothing in this chapter:
(i) Limits the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program; or
(ii) Limits the ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
(2) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
(3)(a) An authorized insurer that writes motor vehicle liability insurance in the state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner's motor vehicle liability insurance policy including, but not limited to:
(i) Liability coverage for bodily injury and property damage;
(ii) Personal injury protection coverage;
(iii) Uninsured and underinsured motorist coverage;
(iv) Medical payments coverage;
(v) Comprehensive physical damage coverage; and
(vi) Collision physical damage coverage.
(b) Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire, or for any business use.
(4) A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.
(5) A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. Sec. 30106 and under any state or local law that imposes liability solely based on vehicle ownership.
(6) A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if the claim is:
(a) Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period; and
(b) Excluded under the terms of its policy.
(7)(a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period.
(b) Nothing in this section obligates a peer-to-peer car sharing program to maintain a liability insurance policy for the liability assumed under subsection (1) of this section.
(c) A peer–to–peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:
(i) Liabilities assumed by the peer–to–peer car sharing program under a peer–to–peer car sharing program agreement;
(ii) Any liability of the shared vehicle owner; or
(iii) Damage or loss to the shared motor vehicle, or any liability of the shared vehicle driver.
[ 2022 c 67 s 3. ]
(1) Each car sharing program agreement made in the state shall disclose to the shared vehicle owner and the shared vehicle driver:
(a) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement;
(b) That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
(c) That the peer-to-peer car sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
(d) The daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
(e) That the shared vehicle owner's motor vehicle liability insurance may not provide coverage for a shared vehicle;
(f) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and
(g) If there are conditions under which a shared vehicle driver must maintain a personal motor vehicle insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.
(2)(a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle:
(i) Holds a driver's license issued in this state authorizing the driver to operate vehicles of the class of the shared vehicle;
(ii) Is a nonresident who:
(A) Has a driver's license issued by the state or country of the driver's residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and
(B) Is at least the same age as that required of a resident to drive; or
(iii) Otherwise is specifically authorized to drive vehicles of the class of the shared vehicle.
(b) A peer-to-peer car sharing program shall keep a record of:
(i) The name and address of the shared vehicle driver;
(ii) The number of the driver's license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
(iii) The place of issuance of the driver's license.
(3) A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a global positioning system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of such equipment during the sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period.
(4)(a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:
(i) Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and
(ii) Notify the shared vehicle owner of the requirements under (b) of this subsection.
(b) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
(i) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program, as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.
(ii) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall so that the shared vehicle owner may address the safety recall repair.
[ 2022 c 67 s 4. ]
This act may be known and cited as the peer-to-peer vehicle sharing program act.
[ 2022 c 67 s 1. ]
This act takes effect January 1, 2023.
[ 2022 c 67 s 7. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of licensing.
(2) "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
(3) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. Sec. 5103, and is required to be placarded under subpart F of 49 C.F.R. Part 172.
(4) "Personal delivery device" means an electrically powered device to which all of the following apply:
(a) The device is intended primarily to transport property on sidewalks and crosswalks;
(b) The device weighs less than one hundred twenty pounds, excluding any property being carried in the device;
(c) The device will operate at a maximum speed of six miles per hour; and
(d) The device is equipped with automated driving technology, including software and hardware, enabling the operation of the device, with the support and supervision of a remote personal delivery device operator.
(5)(a) "Personal delivery device operator" means an employee or agent of an eligible entity who has the capability to control or monitor the navigation and operation of a personal delivery device.
(b) "Personal delivery device operator" does not include:
(i) With respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or
(ii) A person who only arranges for and dispatches a personal delivery device for a delivery or other service.
[ 2019 c 214 s 1. ]
NOTES:
Effective date—2019 c 214: "This act takes effect September 1, 2019." [ 2019 c 214 s 22.]
An eligible entity may operate a personal delivery device so long as all of the following requirements are met:
(1) The personal delivery device is operated in accordance with all ordinances, resolutions, rules and regulations established by the jurisdiction governing the rights-of-way within which the personal delivery device is operated;
(2) An eligible entity may operate a personal delivery device only upon:
(a) Crosswalks; and
(b)(i) Sidewalks; or
(ii) If a sidewalk is not provided or is not accessible, an area where a pedestrian is permitted to travel, subject to RCW 46.61.250, provided that the adjacent roadway has a speed limit of less than forty-five miles per hour;
(3) A personal delivery device operator is controlling or monitoring the navigation and operation of the personal delivery device;
(4) The eligible entity maintains an insurance policy that includes general liability coverage of not less than one hundred thousand dollars for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity;
(5) The eligible entity must report any incidents, resulting in personal injury or property damage that meets the accident reporting threshold for property damage under RCW 46.52.030(5), to the law enforcement agency of the local jurisdiction governing the right-of-way containing the sidewalk, crosswalk, or roadway where the incident occurred, within forty-eight hours of the incident;
(6) The eligible entity registers an agent located in Washington state for the purposes of addressing traffic infractions and incidents involving personal delivery devices operated by the eligible entity;
(7) The eligible entity submits a self-certification form to the department with the information required under RCW 46.75.030, both before operating a personal delivery device and on an annual basis thereafter;
(8) The personal delivery device is equipped with all of the following:
(a) A marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device, a unique identification number for the device, and the name and contact information including a mailing address of the agent required to be registered under subsection (6) of this section;
(b) A braking system that enables the personal delivery device to come to a controlled stop; and
(c) If the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least five hundred feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle; and
(9) A delivery device may not be operated in Washington until it has been added to the list in the self-certification and the annual registration fee has been paid.
[ 2019 c 214 s 2. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
The department of licensing shall create a self-certification form for an eligible entity to submit prior to operating a personal delivery device and thereafter on an annual basis. Through the form, the department must obtain:
(1) The name and address of the eligible entity and its registered agent within Washington, including the registered agent's name, address, and driver's license number, and any other information the department may require;
(2) The name of the jurisdiction in which the personal delivery device will be operated;
(3) An acknowledgment by the eligible entity that: (a) Each personal delivery device will display a unique identification number and other information specified in RCW 46.75.020(8); and (b) the registered agent is responsible for any infraction committed by its personal delivery device;
(4) An affirmation by the eligible entity that it possesses insurance as required in RCW 46.75.020;
(5) A list of any incidents, as described in RCW 46.75.020(5), and any traffic infractions, as described in RCW 46.75.050, involving any personal delivery device operated by the eligible entity in Washington state in the previous year; and
(6) A list of each device identified by a unique identification number that the eligible entity intends to operate in the state during the year and payment of a fee of fifty dollars per personal delivery device listed. The fee must be deposited into the motor vehicle fund. The list must be updated and the fee paid prior to the eligible entity operating a device not listed in the annual self-certification.
[ 2019 c 214 s 3. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
(1) A personal delivery device may not be operated to transport hazardous material, in a quantity and form that may pose an unreasonable risk to health, safety, or property when transported in commerce.
(2) A personal delivery device may not be operated to transport beer, wine, spirits, or other consumable alcohol.
[ 2019 c 214 s 4. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
(1) A violation of this chapter, or of chapter 46.61 RCW by a personal delivery device, is a traffic infraction. A notice of infraction must be mailed to the registered agent listed on the personal delivery device within fourteen days of the violation.
(2) The registered agent of the eligible entity operating a personal delivery device is responsible for an infraction under RCW 46.63.030(1).
(3) Infractions committed by a personal delivery device are not part of the registered agent's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions issued under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). The amount of the fine issued for an infraction issued under this section shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction.
[ 2019 c 214 s 5. ]
NOTES:
Effective date—2019 c 214: See note following RCW 46.75.010.
It shall be unlawful for any person, firm, partnership, association, or corporation to engage in the business of delivering by the driveaway or towaway methods vehicles not his or her own and of a type required to be registered under the laws of this state, without procuring a transporter's license in accordance with the provisions of this chapter.
This shall not apply to motor freight carriers or operations regularly licensed under the provisions of chapter 81.80 RCW to haul such vehicles on trailers or semitrailers.
Driveaway or towaway methods means the delivery service rendered by a motor vehicle transporter wherein motor vehicles are driven singly or in combinations by the towbar, saddlemount or fullmount methods or any lawful combinations thereof, or where a truck or truck tractor draws or tows a semitrailer or trailer.
[ 2010 c 8 s 9092; 1961 c 12 s 46.76.010. Prior: 1957 c 107 s 1; 1953 c 155 s 1; 1947 c 97 s 1; Rem. Supp. 1947 s 6382-75. ]
(1) Any automotive repair facility may procure a transporter's license in accordance with this chapter for the purpose of evaluating vehicles in need of repair, or that have been repaired, on the public roads of this state.
(2) This section may not be construed as requiring an automotive repair facility to obtain a transporter's license.
(3) For the purposes of this section, "automotive repair facility" or "repair facility" has the same meaning as defined in RCW 46.71.011. "Automotive repair facility" or "repair facility" includes entities that perform commercial fleet repair or maintenance transactions involving two or more vehicles, or that perform ongoing service or maintenance contracts involving vehicles used primarily for business purposes.
[ 2018 c 16 s 1. ]
Application for a transporter's license shall be made on a form provided for that purpose by the director of licensing and when executed shall be forwarded to the director together with the proper fee. The application shall contain the name and address of the applicant, state whether or not the license will be used to provide towing services for monetary compensation as described in RCW 46.55.025 and, if so, whether or not the applicant is a registered tow truck operator, and contain other information as the director may require.
[ 2008 c 19 s 1; 1979 c 158 s 189; 1967 c 32 s 91; 1961 c 12 s 46.76.020. Prior: 1947 c 97 s 2; Rem. Supp. 1947 s 6382-76. ]
Upon receiving an application for transporter's license the director, if satisfied that the applicant is entitled thereto, shall issue a proper certificate of license registration and up to three distinctive sets of license plates or an indicator tab pursuant to RCW 46.55.065 and shall transmit the fees obtained therefor with a proper identifying report to the state treasurer, who shall deposit such fees in the motor vehicle fund. The certificate of license registration and license plates or indicator tab issued by the director shall authorize the holder of the license to drive or tow any motor vehicle or trailers upon the public highways of Washington state. The director, if satisfied that the applicant has sufficient business need, may issue more than three, but no more than 10, sets of license plates to meet the business need of the applicant. Registered tow truck operators licensed under chapter 46.55 RCW are not subject to this limit, with respect to indicator tabs.
[ 2021 c 161 s 1; 2018 c 135 s 3; 1967 c 32 s 92; 1961 c 12 s 46.76.030. Prior: 1947 c 97 s 3; Rem. Supp. 1947 s 6382-77. ]
NOTES:
Effective date—2021 c 161: "This act takes effect January 1, 2022." [ 2021 c 161 s 6.]
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
The fee for an original transporter's license is $150. Transporter license number plates bearing an appropriate symbol and serial number or an indicator tab pursuant to RCW 46.55.065 must be attached to all vehicles being delivered or evaluated in the conduct of the business licensed under this chapter. The plates may be obtained for a fee of $50 for each set. Indicator tabs may be obtained by a registered tow truck operator licensed under chapter 46.55 RCW for a fee of $2 per tab.
[ 2021 c 161 s 2; 2019 c 44 s 7; 2018 c 16 s 2; 1990 c 250 s 68; 1961 c 12 s 46.76.040. Prior: 1957 c 107 s 2; 1947 c 97 s 4; Rem. Supp. 1947 s 6382-78. ]
NOTES:
Effective date—2021 c 161: See note following RCW 46.76.030.
Effective date—2019 c 44 ss 6 and 7: See note following RCW 46.55.065.
A transporter's license expires on the date assigned by the director, and may be renewed by filing a proper application and paying an annual fee of $100.
[ 2021 c 161 s 3; 1985 c 109 s 3; 1961 c 12 s 46.76.050. Prior: 1947 c 97 s 5; Rem. Supp. 1947 s 6382-79. ]
NOTES:
Effective date—2021 c 161: See note following RCW 46.76.030.
Notwithstanding any provision of law to the contrary, the director may extend or diminish the licensing period of transporters for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the department adopted in accordance with chapter 34.05 RCW.
[ 1985 c 109 s 4. ]
Transporter's license plates or indicator tabs pursuant to RCW 46.55.065 must be conspicuously displayed on all vehicles being delivered by the driveaway or towaway methods or being driven on the public roads of the state for the purpose of repair evaluation. These plates or indicator tabs must not be loaned to or used by any person other than the holder of the license or his or her employees. If a transporter license plate or indicator tab is lost, stolen, or damaged, the holder of the license must report the event to the department within 10 days of discovering that the transporter license plate or indicator tab has been lost, stolen, or damaged.
[ 2021 c 161 s 4. Prior: 2018 c 135 s 4; 2018 c 16 s 3; 2010 c 8 s 9093; 1961 c 12 s 46.76.060; prior: 1957 c 107 s 3; 1947 c 97 s 6; Rem. Supp. 1947 s 6382-80. ]
NOTES:
Effective date—2021 c 161: See note following RCW 46.76.030.
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
The following conduct shall be sufficient grounds pursuant to RCW 34.05.422 for the director or a designee to deny, suspend, or revoke the license of a motor vehicle transporter:
(1) Using transporter plates or indicator tabs pursuant to RCW 46.55.065 for driveaway or towaway of any vehicle owned by such transporter;
(2) Knowingly, as that term is defined in RCW 9A.08.010(1)(b), having possession of a stolen vehicle or a vehicle with a defaced, missing, or obliterated manufacturer's identification serial number;
(3) Loaning transporter plates or indicator tabs;
(4) Using transporter plates or indicator tabs for any purpose other than as provided under RCW 46.76.010 or 46.76.015;
(5) Violation of provisions of this chapter or of rules and regulations adopted relating to enforcement and proper operation of this chapter; or
(6) Using transporter plates on public highways located outside of Washington state.
[ 2021 c 161 s 5. Prior: 2018 c 135 s 5; 2018 c 16 s 4; 1977 ex.s. c 254 s 1. ]
NOTES:
Effective date—2021 c 161: See note following RCW 46.76.030.
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
(1) Any person or organization that transports any mobile home or other vehicle for hire shall comply with this chapter and chapter 81.80 RCW. Persons or organizations that do not have a valid permit or meet other requirements under chapter 81.80 RCW shall not be issued a transporter license or transporter plates or an indicator tab pursuant to RCW 46.55.065 to transport mobile homes or other vehicles. RCW 46.76.065(5) applies to persons or organizations that have transporter licenses or plates or indicator tabs and do not meet the requirements of chapter 81.80 RCW.
(2) This section does not apply to mobile home manufacturers or dealers that are licensed and delivering the mobile home under chapter 46.70 RCW.
[ 2018 c 135 s 6; 1988 c 239 s 4. ]
NOTES:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
The director may make any reasonable rules or regulations not inconsistent with the provisions of this chapter relating to the enforcement and proper operation of this chapter.
[ 1967 c 32 s 93; 1961 c 12 s 46.76.070. Prior: 1947 c 97 s 7; Rem. Supp. 1947 s 6382-81. ]
The violation of any provision of this chapter is a traffic infraction. In addition to any other penalty imposed upon a violator of the provisions of this chapter, the director may confiscate any transporter license plates or indicator tabs used in connection with such violation.
[ 2018 c 135 s 7; 1979 ex.s. c 136 s 96; 1961 c 12 s 46.76.080. Prior: 1947 c 97 s 8; Rem. Supp. 1947 s 6382-82. ]
NOTES:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
(1) "Junk vehicle" means a motor vehicle certified under RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of the scrap in it.
(2) "Scrap processor" means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.
(3) "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder.
(4) "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal.
(5) "Director" means the director of licensing.
(6) "Major component parts" include engines and short blocks, frames, transmissions or transfer cases, cabs, doors, front or rear differentials, front or rear clips, quarter panels or fenders, bumpers, truck beds or boxes, seats, hoods, and catalytic converters.
[ 2024 c 301 s 13; 2001 c 64 s 10; 1990 c 250 s 69; 1983 c 142 s 2; 1979 c 158 s 190; 1971 ex.s. c 110 s 1. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Any hulk hauler or scrap processor licensed under the provisions of this chapter may:
(1) Notwithstanding any other provision of law, transport any flattened or junk vehicle whether such vehicle is from in state or out of state, to a scrap processor upon obtaining the certificate of title or release of interest from the owner or an affidavit of sale from the landowner who has complied with RCW 46.55.230. The scrap processor shall forward such document(s) to the department, together with a monthly report of all vehicles acquired from other than a licensed automobile wrecker, and no further identification shall be necessary.
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker only by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted by a scrap processor or wrecker. Such parts may be removed only at a properly zoned location, and all preparation activity, vehicles, and vehicle parts shall be obscured from public view. Storage is limited to two vehicles or the parts thereof which are authorized by this subsection, and any such storage may take place only at a properly zoned location. Any vehicle parts removed under the authority of this subsection shall be lawfully disposed of at or through a public facility or service for waste disposal or by sale to a licensed vehicle wrecker.
[ 2001 c 64 s 11; 1990 c 250 s 70; 1987 c 62 s 1; 1983 c 142 s 3; 1979 c 158 s 191; 1971 ex.s. c 110 s 2. ]
Application for a hulk hauler's license or a scrap processor's license or renewal of a hulk hauler's license or a scrap processor's license shall be made on a form for this purpose, furnished by the director, and shall be signed by the applicant or his or her authorized agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association, or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or town, wherever located, having a population of over five thousand persons and in all other instances a member of the state patrol certifying that the applicant can be found at the address shown on the application; and
(4) Any other information that the director may require.
[ 2010 c 8 s 9094; 1971 ex.s. c 110 s 3. ]
Application for a hulk hauler's license, together with a fee of ten dollars, or application for a scrap processor's license, together with a fee of twenty-five dollars, shall be forwarded to the director. Upon receipt of the application the director shall, if the application be in order, issue the license applied for authorizing him or her to do business as such and forward the fee, together with an itemized and detailed report, to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed at the address shown in his or her application, where it may be inspected by an investigating officer at any time.
[ 2010 c 8 s 9095; 1971 ex.s. c 110 s 4. ]
A license issued pursuant to this chapter expires on the date assigned by the director, and may be renewed by filing a proper application and payment of a fee of ten dollars.
Whenever a hulk hauler or scrap processor ceases to do business or the license has been suspended or revoked, the license shall immediately be surrendered to the director.
[ 1985 c 109 s 5; 1983 c 142 s 4; 1971 ex.s. c 110 s 5. ]
Notwithstanding any provision of law to the contrary, the director may extend or diminish the licensing period of hulk haulers and scrap processors for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the department adopted in accordance with chapter 34.05 RCW.
[ 1985 c 109 s 6. ]
The hulk hauler or scrap processor shall obtain a special set of license plates or an indicator tab pursuant to RCW 46.55.065 in addition to the regular licenses and plates required for the operation of vehicles owned and/or operated by him or her and used in the conduct of his or her business. Such special license shall be displayed on the operational vehicles and shall be in lieu of a trip permit or current license on any vehicle being transported. The fee for these plates shall be five dollars for the original plates and two dollars for each additional set of plates bearing the same license number.
[ 2018 c 135 s 8; 2010 c 8 s 9096; 1971 ex.s. c 110 s 6. ]
NOTES:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
The director may by order pursuant to the provisions of chapter 34.05 RCW, deny, suspend, or revoke the license of any hulk hauler or scrap processor or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed five hundred dollars per violation, whenever the director finds that the applicant or licensee:
(1) Removed a vehicle or vehicle major component part from property without obtaining both the written permission of the property owner and documentation approved by the department for acquiring vehicles, junk vehicles, or major component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or major component part thereof when he or she knew that such vehicle or part had been stolen or appropriated without the consent of the owner;
(3) Sold, bought, received, concealed, had in his or her possession, or disposed of a vehicle or major component part thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition, disposition, registration, titling, or licensing of a vehicle pursuant to Title 46 RCW;
(5) Committed any dishonest act or omission which has caused loss or serious inconvenience as a result of the acquisition or disposition of a vehicle or any major component part thereof;
(6) Failed to comply with any of the provisions of this chapter or other applicable law relating to registration and certificates of title of vehicles and any other document releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or vehicles and failed to take all remnants and debris from those vehicles from that area unless requested not to do so by the person authorizing the removal;
(8) Removed parts from a vehicle at other than an approved location or removed or sold parts or vehicles beyond the scope authorized by this chapter or any rule adopted hereunder;
(9) Been adjudged guilty of a crime which directly relates to the business of a hulk hauler or scrap processor and the time elapsed since the adjudication is less than five years. For the purposes of this section adjudged guilty means, in addition to a final conviction in either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the imposition of sentence is deferred or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid.
[ 1990 c 250 s 71; 1983 c 142 s 5; 1971 ex.s. c 110 s 7. ]
The director is hereby authorized to promulgate and adopt reasonable rules and regulations not in conflict with provisions hereof for the proper operation and enforcement of this chapter.
[ 1971 ex.s. c 110 s 8. ]
It shall be the duty of the chiefs of police, or the Washington state patrol, in cities having a population of over five thousand persons, and in all other cases the Washington state patrol, to make periodic inspection of the hulk hauler's or scrap processor's premises and records provided for in this chapter, and furnish a certificate of inspection to the director in such manner as may be determined by the director: PROVIDED, That the above inspection in any instance can be made by an authorized representative of the department.
The department is hereby authorized to enlist the services and cooperation of any law enforcement officer or state agency of another state to inspect the premises of any hulk hauler or scrap processor whose established place of business is in that other state but who is licensed to transport automobile hulks within Washington state.
[ 1983 c 142 s 6; 1971 ex.s. c 110 s 9. ]
Any municipality or political subdivision of this state which now has or subsequently makes provision for the regulation of hulk haulers or scrap processors shall comply strictly with the provisions of this chapter.
[ 1971 ex.s. c 110 s 10. ]
Nothing contained in this chapter shall be construed to prohibit: Any individual not engaged in business as a hulk hauler or scrap processor from towing any vehicle owned by him or her to any vehicle wrecker or scrap processor, or a registered tow truck operator from transporting an abandoned recreational vehicle under RCW 46.53.010 in compliance with this chapter.
[ 2018 c 287 s 3; 2001 c 64 s 12; 1983 c 142 s 7; 1971 ex.s. c 110 s 11. ]
NOTES:
Findings—Implementation—Effective date—2018 c 287: See notes following RCW 46.55.400.
Any hulk hauler or scrap processor who engages in the business of hulk hauling or scrap processing without holding a current license issued by the department for authorization to do so, or, holding such a license, exceeds the authority granted by that license, is guilty of a gross misdemeanor.
[ 1983 c 142 s 8. ]
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" as defined in RCW 46.80.010 may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.
(2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle" as defined by RCW 46.80.010, the dealer must disclose this fact on the bill of sale.
[ 1998 c 282 s 4. ]
(1) No person may engage in the business of disassembling or de-canning a catalytic converter for removal or processing of the internal core to extract platinum, palladium, rhodium, or other metals, unless the person is a licensed scrap processor under this chapter.
(2) Any licensed scrap processor engaged in disassembling or de-canning catalytic converters as described in this section shall maintain the records of every catalytic converter the scrap processor disassembles or de-cans in accordance with the recordkeeping requirements of this chapter and other provisions of the law.
(3) Any licensed scrap processor engaged in disassembling or de-canning catalytic converters as described in this section shall implement a 30-day waiting period between the purchase and disassembly or de-canning of a catalytic converter, unless the scrap processor is also the registered owner of the originating vehicle.
[ 2024 c 301 s 14. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
(1) Payment to individual sellers of catalytic converters that have been removed from a vehicle may not be made at the time of the transaction and shall not be paid earlier than three business days after the transaction was made.
(2) No transaction involving catalytic converters that have been removed from a vehicle may be made in cash or with any person who does not provide a street address and photographic identification. The person with whom the transaction is being made may only be paid by a nontransferable check, mailed by the licensed scrap processor to the street address recorded according to this section, no earlier than three days after the transaction was made. A transaction occurs on the date provided in the record required under this section.
(3) A record of each purchase of catalytic converters that have been removed from a vehicle must be kept for three years following the date of the transaction and be open to inspection by any commissioned law enforcement officer of the state or any of its political subdivisions at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept. The record shall include, at a minimum, the following elements:
(a) The time, date, location, and value of the transaction;
(b) The name of the employee representing the scrap processor in the transaction;
(c) The name, street address, and telephone number of the person with whom the transaction is made;
(d) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(e) A description of the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(f) A copy of the seller's current driver's license or other government-issued picture identification card;
(g) The vehicle identification number of the vehicle from which the catalytic converter was removed;
(h) A declaration signed by the seller that states substantially the following:
"I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property and the information provided by me is accurate."; and
(i) A photo of the catalytic converter that includes the vehicle identification number marking required under RCW 9A.82.180.
(4) This section does not apply to the purchase of material from a licensed business that manufactures catalytic converters in the ordinary course of its legal business.
[ 2024 c 301 s 15. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
The license fees required under RCW 46.79.040 and 46.79.050 for a scrap processor's license must also include a $500 catalytic converter inspection fee, to be deposited in the state patrol highway account, in order to support the activities of the Washington state patrol under RCW 43.43.888.
[ 2024 c 301 s 16. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
The legislature finds and declares that the distribution and sale of vehicle parts in the state of Washington vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare and in the exercise of its police power, it is necessary to regulate and license vehicle wreckers and dismantlers, the buyers-for-resale, and the sellers of secondhand vehicle components doing business in Washington, in order to prevent the sale of stolen vehicle parts, to prevent frauds, impositions, and other abuses, and to preserve the investments and properties of the citizens of this state.
[ 1995 c 256 s 3; 1977 ex.s. c 253 s 1. ]
NOTES:
Severability—1977 ex.s. c 253: "If any provision of this 1977 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [ 1977 ex.s. c 253 s 14.]
The definitions set forth in this section apply throughout this chapter.
(1) "Core" means a major component part received by a vehicle wrecker in exchange for a like part sold by the vehicle wrecker, is not resold as a major component part except for scrap metal value or for remanufacture, and the vehicle wrecker maintains records for three years from the date of acquisition to identify the name of the person from whom the core was received.
(2) "Established place of business" means a building or enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his or her books and records are kept and business is transacted and which must conform with zoning regulations.
(3) "Interim owner" means the owner of a vehicle who has the original certificate of title for the vehicle, which certificate has been released by the person named on the certificate and assigned to the person offering to sell the vehicle to the wrecker.
(4) "Major component part" includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m) fender; (n) airbag; and (o) catalytic converter. The director may supplement this list by rule.
(5) "Vehicle wrecker" means every person, firm, partnership, association, or corporation engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under the laws of this state, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of a vehicle, or who buys or sells integral secondhand parts of component material thereof, in whole or in part, or who deals in secondhand vehicle parts.
(6) "Wrecked vehicle" means a vehicle which is disassembled or dismantled or a vehicle which is acquired with the intent to dismantle or disassemble and never again to operate as a vehicle, or a vehicle which has sustained such damage that its cost to repair exceeds the fair market value of a like vehicle which has not sustained such damage, or a damaged vehicle whose salvage value plus cost to repair equals or exceeds its fair market value, if repaired, or a vehicle which has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state for which the salvage value plus cost to repair exceeds its fair market value, if repaired; further, it is presumed that a vehicle is a wreck if it has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state.
[ 2024 c 301 s 17. Prior: 2010 c 161 s 1138; 2010 c 8 s 9097; 1999 c 278 s 1; 1995 c 256 s 4; 1977 ex.s. c 253 s 2; 1961 c 12 s 46.80.010; prior: 1947 c 262 s 1; Rem. Supp. 1947 s 8326-40. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
(1)(a) Except as provided in (b) of this subsection, it is unlawful for a person to engage in the business of wrecking vehicles without having first applied for and received a license.
(b) As defined in chapter 70A.205 RCW, a solid waste disposal site that is compliant with all applicable regulations may wreck a nonmotorized abandoned recreational vehicle, as defined in RCW 46.53.010.
(2)(a) Except as provided in (b) of this subsection, a person or firm engaged in the unlawful activity described in this section is guilty of a gross misdemeanor.
(b) A second or subsequent offense is a class C felony punishable according to chapter 9A.20 RCW.
[ 2021 c 65 s 53; 2018 c 287 s 8; 2003 c 53 s 253; 1995 c 256 s 5; 1979 c 158 s 192; 1977 ex.s. c 253 s 3; 1971 ex.s. c 7 s 1; 1967 c 32 s 94; 1961 c 12 s 46.80.020. Prior: 1947 c 262 s 2; Rem. Supp. 1947 s 8326-41. ]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Findings—Implementation—Effective date—2018 c 287: See notes following RCW 46.55.400.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
Application for a vehicle wrecker's license or renewal of a vehicle wrecker's license shall be made on a form for this purpose, furnished by the department of licensing, and shall be signed by the vehicle wrecker or his or her authorized agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association, or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any city or town having a population of over five thousand persons and in all other instances a member of the Washington state patrol certifying that:
(a) The applicant has an established place of business at the address shown on the application; and
(b) In the case of a renewal of a vehicle wrecker's license, the applicant is in compliance with this chapter and the provisions of Title 46 RCW, relating to registration and certificates of title: PROVIDED, That the above certifications in any instance can be made by an authorized representative of the department of licensing;
(4) Any other information that the department may require.
[ 2010 c 8 s 9098; 2001 c 64 s 13; 1990 c 250 s 72; 1979 c 158 s 193; 1977 ex.s. c 253 s 4; 1971 ex.s. c 7 s 2; 1967 ex.s. c 13 s 1; 1967 c 32 s 95; 1961 c 12 s 46.80.030. Prior: 1947 c 262 s 3; Rem. Supp. 1947 s 8326-42. ]
NOTES:
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
The application, together with a fee of twenty-five dollars, and a surety bond as provided in RCW 46.80.070, shall be forwarded to the department. Upon receipt of the application the department shall, if the application is in order, issue a vehicle wrecker's license authorizing the wrecker to do business as such and forward the fee to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed in the place of business, where it may be inspected by an investigating officer at any time.
[ 1995 c 256 s 6; 1971 ex.s. c 7 s 3; 1967 c 32 s 96; 1961 c 12 s 46.80.040. Prior: 1947 c 262 s 4; Rem. Supp. 1947 s 8326-43. ]
A license issued on this application remains in force until suspended or revoked and may be renewed annually upon reapplication according to RCW 46.80.030 and upon payment of a fee of ten dollars. A vehicle wrecker who fails or neglects to renew the license before the assigned expiration date shall pay the fee for an original vehicle wrecker license as provided in this chapter.
Whenever a vehicle wrecker ceases to do business as such or the license has been suspended or revoked, the wrecker shall immediately surrender the license to the department.
[ 1995 c 256 s 7; 1985 c 109 s 7; 1971 ex.s. c 7 s 4; 1967 ex.s. c 13 s 2; 1967 c 32 s 97; 1961 c 12 s 46.80.050. Prior: 1947 c 262 s 5; Rem. Supp. 1947 s 8326-44. ]
The vehicle wrecker shall obtain a special set of license plates or an indicator tab pursuant to RCW 46.55.065 in addition to the regular licenses and plates required for the operation of such vehicles. The special plates must be displayed on vehicles owned and/or operated by the wrecker and used in the conduct of the business. The fee for these plates shall be five dollars for the original plates and two dollars for each additional set of plates bearing the same license number. A wrecker with more than one licensed location in the state may use special plates bearing the same license number for vehicles operated out of any of the licensed locations.
[ 2018 c 135 s 9; 1995 c 256 s 8; 1961 c 12 s 46.80.060. Prior: 1957 c 273 s 21; 1947 c 262 s 6; Rem. Supp. 1947 s 8326-45. ]
NOTES:
Findings—Effective date—2018 c 135: See notes following RCW 46.55.065.
Before issuing a vehicle wrecker's license, the department shall require the applicant to file with the department a surety bond in the amount of one thousand dollars, running to the state of Washington and executed by a surety company authorized to do business in the state of Washington. The bond shall be approved as to form by the attorney general and conditioned upon the wrecker conducting the business in conformity with the provisions of this chapter. Any person who has suffered any loss or damage by reason of fraud, carelessness, neglect, violation of the terms of this chapter, or misrepresentation on the part of the wrecking company, may institute an action for recovery against the vehicle wrecker and surety upon the bond. However, the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond.
[ 1995 c 256 s 9; 1977 ex.s. c 253 s 5; 1971 ex.s. c 7 s 5; 1967 c 32 s 98; 1961 c 12 s 46.80.070. Prior: 1947 c 262 s 7; Rem. Supp. 1947 s 8326-46. ]
NOTES:
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
(1) Every vehicle wrecker shall maintain books or files in which the wrecker shall keep a record and a description of:
(a) Every vehicle wrecked, dismantled, disassembled, or substantially altered by the wrecker; and
(b) Every major component part, including catalytic converters, acquired by the wrecker; together with a bill of sale signed by a seller whose identity has been verified and the name and address of the person, firm, or corporation from whom the wrecker purchased the vehicle or part. Major component parts other than cores shall be further identified by the vehicle identification number of the vehicle from which the part came.
(2) The record shall also contain the following data regarding the wrecked or acquired vehicle or vehicle that is the source of a major component part, including catalytic converters, other than a core:
(a) The certificate of title number (if previously titled in this or any other state);
(b) Name of state where last registered;
(c) Number of the last license number plate issued;
(d) Name of vehicle;
(e) Motor or identification number and serial number of the vehicle;
(f) Date purchased;
(g) Disposition of the motor and chassis;
(h) Yard number assigned by the licensee to the vehicle or major component part, which shall also appear on the identified vehicle or part; and
(i) Such other information as the department may require.
(3) The records shall also contain a bill of sale signed by the seller for other minor component parts, including catalytic converters, acquired by the licensee, identifying the seller by name, address, and date of sale.
(4) In addition to all other requirements of this chapter, the records of each transaction involving the purchase of catalytic converters that have been removed from a vehicle shall also include, at a minimum, the following elements:
(a) The time, date, location, and value of the transaction;
(b) The name of the employee representing the vehicle wrecker in the transaction;
(c) The name, street address, and telephone number of the person with whom the transaction is made;
(d) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(e) A description of the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(f) A copy of the seller's current driver's license or other government-issued picture identification card;
(g) The vehicle identification number of the vehicle from which the catalytic converter was removed;
(h) A declaration signed by the seller that states substantially the following:
"I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property and the information provided by me is accurate."; and
(i) A photo of the catalytic converter that includes the vehicle identification number marking required under RCW 9A.82.180.
(5) The records shall be maintained by the licensee at his or her established place of business for a period of three years from the date of acquisition.
(6) The record is subject to inspection at all times during regular business hours by members of the police department, sheriff's office, members of the Washington state patrol, or officers or employees of the department.
(7) A vehicle wrecker shall also maintain a similar record of all disabled vehicles that have been towed or transported to the vehicle wrecker's place of business or to other places designated by the owner of the vehicle or his or her representative. This record shall specify the name and description of the vehicle, name of owner, number of license plate, condition of the vehicle and place to which it was towed or transported.
(8) Failure to comply with this section is a gross misdemeanor.
[ 2024 c 301 s 18; 2022 c 221 s 7; 1999 c 278 s 2; 1995 c 256 s 10; 1977 ex.s. c 253 s 6; 1971 ex.s. c 7 s 6; 1967 c 32 s 99; 1961 c 12 s 46.80.080. Prior: 1947 c 262 s 8; Rem. Supp. 1947 s 8326-47. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Effective date—2022 c 221 ss 5-7: See note following RCW 9A.56.410.
Findings—Intent—2022 c 221: See note following RCW 19.290.020.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
Within thirty days after acquiring a vehicle, the vehicle wrecker shall furnish a written report to the department. This report shall be in such form as the department shall prescribe and shall be accompanied by evidence of ownership as determined by the department. No vehicle wrecker may acquire a vehicle, including a vehicle from an interim owner, without first obtaining evidence of ownership as determined by the department. For a vehicle from an interim owner, the evidence of ownership may not require that a title be issued in the name of the interim owner as required by RCW 46.12.650. The vehicle wrecker shall furnish a monthly report of all acquired vehicles. This report shall be made on forms prescribed by the department and contain such information as the department may require. This statement shall be signed by the vehicle wrecker or an authorized representative and the facts therein sworn to before a notary public, or before an officer or employee of the department designated by the director to administer oaths or acknowledge signatures, pursuant to RCW 46.01.180.
[ 2010 c 161 s 1139; 1999 c 278 s 3; 1995 c 256 s 11; 1979 c 158 s 194; 1977 ex.s. c 253 s 7; 1971 ex.s. c 7 s 7; 1967 c 32 s 100; 1961 c 12 s 46.80.090. Prior: 1947 c 262 s 9; Rem. Supp. 1947 s 8326-48. ]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
If, after issuing a vehicle wrecker's license, the bond is canceled by the surety in a method provided by law, the department shall immediately notify the principal covered by the bond and afford the principal the opportunity of obtaining another bond before the termination of the original. If the principal fails, neglects, or refuses to obtain a replacement, the director may cancel or suspend the vehicle wrecker's license. Notice of cancellation of the bond may be accomplished by sending a notice by first-class mail using the last known address in department records for the principal covered by the bond and recording the transmittal on an affidavit of first-class mail.
[ 1995 c 256 s 12; 1977 ex.s. c 253 s 8; 1967 c 32 s 101; 1961 c 12 s 46.80.100. Prior: 1947 c 262 s 10; Rem. Supp. 1947 s 8326-49. ]
NOTES:
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
(1) The director or a designee may, pursuant to the provisions of chapter 34.05 RCW, by order deny, suspend, or revoke the license of a vehicle wrecker, or assess a civil fine of up to five hundred dollars for each violation, if the director finds that the applicant or licensee has:
(a) Acquired a vehicle or major component part other than by first obtaining title or other documentation as provided by this chapter;
(b) Willfully misrepresented the physical condition of any motor or integral part of a vehicle;
(c) Sold, had in the wrecker's possession, or disposed of a vehicle or any part thereof when he or she knows that the vehicle or part has been stolen, or appropriated without the consent of the owner;
(d) Sold, bought, received, concealed, had in the wrecker's possession, or disposed of a vehicle or part thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law enforcement officer;
(e) Committed forgery or misstated a material fact on any title, registration, or other document covering a vehicle that has been reassembled from parts obtained from the disassembling of other vehicles;
(f) Committed any dishonest act or omission that the director has reason to believe has caused loss or serious inconvenience as a result of a sale of a vehicle or part thereof;
(g) Failed to comply with any of the provisions of this chapter or with any of the rules adopted under it, or with any of the provisions of Title 46 RCW relating to registration and certificates of title of vehicles;
(h) Procured a license fraudulently or dishonestly;
(i) Been convicted of a crime that directly relates to the business of a vehicle wrecker and the time elapsed since conviction is less than ten years, or suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purposes of this section, conviction means in addition to a final conviction in either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended.
(2) In addition to actions by the department under this section, it is a gross misdemeanor to violate subsection (1)(a), (b), or (h) of this section.
[ 1995 c 256 s 13; 1989 c 337 s 17; 1977 ex.s. c 253 s 9; 1971 ex.s. c 7 s 8; 1967 ex.s. c 13 s 3; 1967 c 32 s 102; 1961 c 12 s 46.80.110. Prior: 1947 c 262 s 11; Rem. Supp. 1947 s 8326-50. ]
NOTES:
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
If a person whose vehicle wrecker license has previously been canceled for cause by the department files an application for a license to conduct business as a vehicle wrecker, or if the department is of the opinion that the application is not filed in good faith or that the application is filed by some person as a subterfuge for the real person in interest whose license has previously been canceled for cause, the department may refuse to issue the person a license to conduct business as a vehicle wrecker.
[ 1995 c 256 s 14. ]
(1) It is unlawful for a vehicle wrecker to keep a vehicle or any integral part thereof in any place other than the established place of business, designated in the certificate issued by the department, without permission of the department.
(2) All premises containing vehicles or parts thereof shall be enclosed by a wall or fence of such height as to obscure the nature of the business carried on therein. To the extent reasonably necessary or permitted by the topography of the land, the department may establish specifications or standards for the fence or wall. The wall or fence shall be painted or stained a neutral shade that blends in with the surrounding premises, and the wall or fence must be kept in good repair. A living hedge of sufficient density to prevent a view of the confined area may be substituted for such a wall or fence. Any dead or dying portion of the hedge shall be replaced.
(3) Violation of subsection (1) of this section is a gross misdemeanor.
[ 1995 c 256 s 15; 1971 ex.s. c 7 s 9; 1967 ex.s. c 13 s 4; 1967 c 32 s 103; 1965 c 117 s 1; 1961 c 12 s 46.80.130. Prior: 1947 c 262 s 13; Rem. Supp. 1947 s 8326-52. ]
The director is hereby authorized to promulgate and adopt reasonable rules and regulations not in conflict with provisions hereof for the proper operation and enforcement of this chapter.
[ 1967 c 32 s 104; 1961 c 12 s 46.80.140. Prior: 1947 c 262 s 14; Rem. Supp. 1947 s 8326-53. ]
It shall be the duty of the chiefs of police, or the Washington state patrol, in cities having a population of over five thousand persons, and in all other cases the Washington state patrol, to make periodic inspection of the vehicle wrecker's licensed premises and records provided for in this chapter during normal business hours, and furnish a certificate of inspection to the department in such manner as may be determined by the department. In any instance, an authorized representative of the department may make the inspection.
[ 1995 c 256 s 16; 1983 c 142 s 9; 1977 ex.s. c 253 s 10; 1971 ex.s. c 7 s 10; 1967 ex.s. c 13 s 5; 1967 c 32 s 105; 1961 c 12 s 46.80.150. Prior: 1947 c 262 s 15; Rem. Supp. 1947 s 8326-54. ]
NOTES:
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
Any municipality or political subdivision of this state that now has or subsequently makes provision for the regulation of vehicle wreckers shall comply strictly with the provisions of this chapter.
[ 1995 c 256 s 17; 1961 c 12 s 46.80.160. Prior: 1947 c 262 s 16; Rem. Supp. 1947 s 8326-55. ]
Unless otherwise provided by law, it is a misdemeanor for any person to violate any of the provisions of this chapter or the rules adopted under this chapter.
[ 1995 c 256 s 18; 1977 ex.s. c 253 s 11. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
(1) If it appears to the director that an unlicensed person has engaged in an act or practice constituting a violation of this chapter, or a rule adopted or an order issued under this chapter, the director may issue an order directing the person to cease and desist from continuing the act or practice. The director shall give the person reasonable notice of and opportunity for a hearing. The director may issue a temporary order pending a hearing. The temporary order remains in effect until ten days after the hearing is held and becomes final if the person to whom the notice is addressed does not request a hearing within fifteen days after receipt of the notice.
(2) The director may assess a fine of up to one thousand dollars with the final order for each act or practice constituting a violation of this chapter by an unlicensed person.
[ 1995 c 256 s 19. ]
(1) The department of licensing or its authorized agent may examine or subpoena any persons, books, papers, records, data, vehicles, or vehicle parts bearing upon the investigation or proceeding under this chapter.
(2) The persons subpoenaed may be required to testify and produce any books, papers, records, data, vehicles, or vehicle parts that the director deems relevant or material to the inquiry.
(3) The director or an authorized agent may administer an oath to the person required to testify, and a person giving false testimony after the administration of the oath is guilty of perjury in the first degree under RCW 9A.72.020.
(4) A court of competent jurisdiction may, upon application by the director, issue to a person who fails to comply, an order to appear before the director or officer designated by the director, to produce documentary or other evidence touching the matter under investigation or in question.
[ 2003 c 53 s 254; 1995 c 256 s 20. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.
(2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle," the dealer must disclose this fact on the bill of sale.
[ 1998 c 282 s 6. ]
(1) Payment to individual sellers of catalytic converters that have been removed from a vehicle may not be made at the time of the transaction and shall not be paid earlier than three business days after the transaction was made.
(2) No transaction involving catalytic converters that have been removed from a vehicle may be made in cash or with any person who does not provide a street address and photographic identification. The person with whom the transaction is being made may only be paid by a nontransferable check, mailed by the licensed auto wrecker to a street address recorded according to RCW 46.80.080, no earlier than three days after the transaction was made. A transaction occurs on the date provided in the record required under RCW 46.80.080.
(3) This section does not apply to the purchase of material from a licensed business that manufactures catalytic converters in the ordinary course of its legal business.
[ 2024 c 301 s 19; 2022 c 221 s 6. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
Effective date—2022 c 221 ss 5-7: See note following RCW 9A.56.410.
Findings—Intent—2022 c 221: See note following RCW 19.290.020.
The license fees required under RCW 46.80.040 and 46.80.050 must also include a $500 catalytic converter inspection fee, to be deposited in the state patrol highway account, in order to support the activities of the Washington state patrol under RCW 43.43.888.
[ 2024 c 301 s 20. ]
NOTES:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.
The provisions of this chapter shall be liberally construed to the end that traffic in stolen vehicle parts may be prevented, and irresponsible, unreliable, or dishonest persons may be prevented from engaging in the business of wrecking vehicles or selling used vehicle parts in this state and reliable persons may be encouraged to engage in businesses of wrecking or reselling vehicle parts in this state.
[ 1995 c 256 s 21; 1977 ex.s. c 253 s 13. ]
NOTES:
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
It is the purpose of this chapter to provide the motorcycle riders of the state with an affordable motorcycle skills education program in order to promote motorcycle safety awareness.
[ 1988 c 227 s 1. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Motorcycle" has the same meaning as provided in RCW 46.04.330 and excludes off-road motorcycles.
(4) "Motorcycle skills education program" means a motorcycle rider skills training program to be administered by the department.
[ 2013 c 174 s 3. Prior: 2003 c 353 s 11; 2003 c 41 s 4; 1988 c 227 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—Effective date—2003 c 41: See notes following RCW 46.20.500.
(1) The director shall administer and enforce the law pertaining to the motorcycle skills education program as set forth in this chapter.
(2) The director may adopt and enforce reasonable rules that are consistent with this chapter.
(3) The director shall revise the Washington motorcycle safety program to:
(a) Institute separate novice and advanced motorcycle skills education courses for both two-wheeled and three-wheeled motorcycles that are each a minimum of eight hours;
(b) Encourage the use of loaned or used motorcycles for use in the motorcycle skills education course if the instructor approves them;
(c) Require all instructors for two-wheeled motorcycles to conduct at least three classes in a one-year period, and all instructors for three-wheeled motorcycles to conduct at least one class in a one-year period, to maintain their teaching eligibility.
(4) The department may enter into agreements to review and certify that a private motorcycle skills education course meets educational standards equivalent to those required of courses conducted under the motorcycle skills education program. An agreement entered into under this subsection must provide that the department may conduct periodic audits to ensure that educational standards continue to meet those required for courses conducted under the motorcycle skills education program, and that the costs of the review, certification, and audit process will be borne by the party seeking certification.
(5) The department shall adopt rules to establish a motorcycle operator subsidy program, which may address testing costs, offer financial need-based subsidies for motorcycle training, and employ other strategies to improve access to motorcycle ridership.
(6) The department shall obtain and compile information from applicants for a motorcycle endorsement regarding whether they have completed a state approved or certified motorcycle skills education course.
[ 2019 c 65 s 2; 2013 c 33 s 1; 2007 c 97 s 2; 2003 c 41 s 5; 2002 c 197 s 2; 1998 c 245 s 91; 1993 c 115 s 2; 1988 c 227 s 3. ]
NOTES:
Finding—2019 c 65: "The legislature finds that target zero is Washington's strategic highway safety plan of zero traffic fatalities by 2030 and the number of motorcycle involved fatalities has doubled since the 1990s and remains at a high level. Motorcycles are involved in nearly twenty percent of fatal and serious injury crashes while they make up only three percent of the total registered vehicles. Motorcyclists are also at fault in seventy-five percent of motorcycle fatalities. In order to move Washington closer to target zero, the department of licensing is updating its motorcycle safety program with feedback from the national highway traffic safety administration, the Washington traffic safety commission, and other stakeholders. These changes will improve public safety by creating a more meaningful and comprehensive motorcycle endorsement test, providing training programs greater flexibility, increasing penalties to discourage unendorsed riders, and focusing motorcycle subsidies on expanding access to motorcycle ridership." [ 2019 c 65 s 1.]
Effective date—2019 c 65: "This act takes effect January 1, 2020." [ 2019 c 65 s 8.]
Effective date—2013 c 33: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013." [ 2013 c 33 s 2.]
Short title—Effective date—2003 c 41: See notes following RCW 46.20.500.
The director may receive gifts, grants, or endowments from private sources which shall be deposited in the motorcycle safety [education] account within the highway safety fund.
[ 1988 c 227 s 4. ]
NOTES:
Motorcycle safety education account: RCW 46.68.065.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the required curriculum. Behind-the-wheel instruction is characterized by driving experience.
(2) "Classroom" means a space dedicated to and used exclusively by a driver training instructor for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.
(3) "Classroom instruction" means that portion of a traffic safety education course that is characterized by in-person classroom-based student instruction or virtual classroom-based student instruction with a live instructor using the required curriculum conducted by or under the direct supervision of a licensed instructor or licensed instructors. Classroom instruction may include a self-paced online course, or components of a self-paced online course, as authorized and certified by the department of licensing.
(4) "Condensed traffic safety education course" means a course of instruction in traffic safety education approved and licensed by the department that consists of at least eight hours of classroom instruction and three hours of behind-the-wheel instruction that follows the approved curriculum as determined in rule.
(5) "Director" means the director of the department of licensing of the state of Washington.
(6) "Driver training education course" means a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of classroom and behind-the-wheel instruction that follows the approved curriculum.
(7) "Driver training education refresher course" means a course of instruction in traffic safety education approved and licensed by the department that follows the approved curriculum as determined in rule and includes, but is not limited to, a focus on driver risk management and hazard perception.
(8) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
(9) "Enrollment" means the collecting of a fee or the signing of a contract for a driver training education course. "Enrollment" does not include the collecting of names and contact information for enrolling students once a driver training school is licensed to instruct.
(10) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:
(a) Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;
(b) Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;
(c) Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;
(d) Issuing a driver training course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.
(11) "Instructor" means any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile.
(12) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
(13) "Person" means any individual, firm, corporation, partnership, or association.
(14) "Place of business" means a designated location at which the business of a driver training school is transacted or its records are kept.
(15) "Student" means any person enrolled in an approved driver training course.
(16) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:
(a) Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;
(b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;
(c) Is an officer or director of a driver training school;
(d) Owning 10 percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;
(e) Furnishing 10 percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or
(f) Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.
[ 2025 c 299 s 8; 2023 c 445 s 3; 2017 c 197 s 8; 2010 1st sp.s. c 7 s 19; 2009 c 101 s 1; 2006 c 219 s 2; 1986 c 80 s 1; 1979 ex.s. c 51 s 1. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—2006 c 219: See note following RCW 46.82.285.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2006 c 219 s 1. ]
NOTES:
Effective date—2006 c 219: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2006]." [ 2006 c 219 s 15.]
(1) The director shall be responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.
(2) The director is authorized to adopt and enforce such reasonable rules as may be consistent with and necessary to carry out this chapter.
[ 1979 ex.s. c 51 s 2. ]
NOTES:
Reviser's note: RCW 46.82.300 was amended by 2010 c 8 s 9099 without reference to its repeal by 2010 1st sp.s. c 7 s 20. It has been decodified for publication purposes under RCW 1.12.025.
(1) No person shall engage in the business of conducting a driver training school without a license issued by the director for that purpose. The school's license must be displayed before the school may:
(a) Schedule, enroll, or engage any students in a course of instruction;
(b) Issue a verification of enrollment to any student; or
(c) Begin any classroom or behind-the-wheel instruction.
(2) An application for a driver training school license shall be filed with the director, containing such information as prescribed by the director, including a uniform business identifier number, accompanied by an application fee as set by rule of the department, which shall in no event be refunded. Before an application for a driver training school license is approved, the business practices, facilities, records, vehicles, and insurance of the proposed school must be inspected and reviewed by authorized representatives of the director. If an application is approved by the director, the applicant shall be granted a license valid for a period of one year from the date of issuance.
(3) A driver training school may apply for a license to establish a branch office or branch classroom by filing an application with the director, containing such information as prescribed by the director, accompanied by an application fee as set by rule of the department, which shall in no event be refunded. Before an application for a license to establish a branch office or branch classroom is approved, the business practices, facilities, records, vehicles, and insurance of the proposed branch location must be inspected and reviewed by authorized representatives of the director. If an application is approved by the director, the applicant shall be granted a license valid for a period of one year from the date of issuance.
(4) The annual fee for renewal of a school or branch location license shall be set by rule of the department. Subject to the department's inspection of the business, the director shall issue a license certificate to each licensee which shall be conspicuously displayed in the place of business of the licensee. If the director has not received a renewal application postmarked on or before the date a license expires the license will be marked late. If the renewal application and fee are not received within thirty days after expiration of the license, the license will be void requiring a new application as provided for in this chapter, including payment of all fees. Instruction may not be given beyond the thirty days from the expiration of the license.
(5) The person to whom a driver training school license has been issued must notify the director in writing within ten business days after any change is made in the officers, directors, or location of the place of business of the school.
(6) Except as otherwise permitted by rule of the department, a change involving the ownership of a driver training school requires a new license application, including payment of all fees.
(a) The owner relinquishing the business must notify the director in writing within ten business days.
(b) The new owner must submit an application and fee as prescribed by rule of the department for transfer of the school's license to the director within ten business days.
(c) Upon receipt of the required notification and the application and fees for license transfer, the director shall permit continuance of the business for a period not to exceed sixty days from the date of transfer pending approval of the new application for a school license.
(d) The transferred license shall remain subject to suspension, revocation, or denial in accordance with RCW 46.82.350 and 46.82.360.
(7) Evidence of liability insurance coverage for the instruction vehicles and the building premises of the driver training school must be filed with the director prior to the issuance or renewal of a school license, and shall meet the following standards:
(a) Coverage must be provided by a company authorized to do business in Washington state;
(b) Automobile liability coverage shall be in the amount of not less than one million dollars, and shall include property damage and uninsured motorists coverage;
(c) The required coverage shall be maintained in full force and effect for the term of the school license;
(d) Changes in insurance coverage due to cancellation or expiration require notification of the director and proof of continuing coverage within ten working days following any change; and
(e) Coverage shall be issued in the name of the school and identify the covered locations and vehicles.
[ 2009 c 101 s 3; 2006 c 219 s 4; 2002 c 352 s 24; 1979 ex.s. c 51 s 4. ]
NOTES:
Effective date—2006 c 219: See note following RCW 46.82.285.
Effective dates—2002 c 352: See note following RCW 46.09.410.
(1) No person affiliated with a driver training school shall give instruction in the operation of an automobile for a fee without a license issued by the director for that purpose. An application for an original or renewal instructor's license shall be filed with the director, containing such information as prescribed by this chapter and by the director, accompanied by an application fee set by rule of the department, which shall in no event be refunded. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the application requirements as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of two years from the date of issuance. An applicant for a renewal instructor's license is not required to retake the examination specified in RCW 46.82.330 to renew his or her instructor's license if his or her original instructor's license is unexpired or has not been expired for longer than six months before submission of his or her renewal application.
(2) The director shall issue a license certificate to each qualified applicant.
(a) An employing driver training school must conspicuously display an instructor's license at its established place of business and display copies of the instructor's license at any branch office where the instructor provides instruction.
(b) Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school.
(c) If the director has not received a renewal application on or before the date a license expires, the license is void, requiring a new application as provided for in this chapter, including payment of all fees, as well as an examination subject to the exception in subsection (1) of this section.
(d) If revoked, canceled, or denied by the director, the license must be surrendered to the department within ten days following the effective date of such action.
(3) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be in the instructor's immediate possession at all times while engaged in instructing.
(4) The person to whom an instructor's license has been issued shall notify the director in writing within ten days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed.
[ 2017 c 197 s 9; 2009 c 101 s 4; 2006 c 219 s 5; 2002 c 352 s 25; 1989 c 337 s 18; 1986 c 80 s 2; 1979 ex.s. c 51 s 5. ]
NOTES:
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2006 c 219: See note following RCW 46.82.285.
Effective dates—2002 c 352: See note following RCW 46.09.410.
(1) Instructors, owners, and other persons affiliated with a school who have regularly scheduled, unsupervised contact with students are required to have a background check through the Washington state patrol criminal identification system and through the federal bureau of investigation. The background check shall also include a fingerprint check using a fingerprint card. Persons covered by this section must have their background rechecked under this subsection every five years.
(2) In addition to the background check required under subsection (1) of this section, persons covered by this section must have a background check through the Washington criminal identification system at the time of application for any renewal license.
(3) The cost of the background check shall be paid by the person.
[ 2009 c 101 s 5; 2006 c 219 s 6; 2002 c 195 s 4. ]
NOTES:
Effective date—2006 c 219: See note following RCW 46.82.285.
(1) The application for an instructor's license shall document the applicant's fitness, knowledge, skills, and abilities to teach the classroom and behind-the-wheel instruction portions of a driver training education program in a commercial driver training school.
(2) An applicant shall be eligible to apply for an original instructor's certificate if the applicant possesses and meets the following qualifications and conditions:
(a) Has been licensed to drive for five or more years and possesses a current and valid Washington driver's license or is a resident of a jurisdiction immediately adjacent to Washington state and possesses a current and valid license issued by such jurisdiction, and does not have on his or her driving record any of the violations or penalties set forth in (a)(i), (ii), or (iii) of this subsection. The director shall have the right to examine the driving record of the applicant from the department of licensing and from other jurisdictions and from these records determine if the applicant has had:
(i) Not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding 24 months;
(ii) No drug or alcohol-related traffic violation or incident within the preceding three years. If there are two or more drug or alcohol-related traffic violations in the applicant's driving history, the applicant is no longer eligible to be a driving instructor; and
(iii) No driver's license suspension, cancellation, revocation, or denial within the preceding two years, or no more than two of these occurrences in the preceding five years;
(b) Is a high school graduate or the equivalent and at least 21 years of age;
(c) Has completed an acceptable application on a form prescribed by the director;
(d) Has satisfactorily completed a course of instruction in the training of drivers acceptable to the director that is no less than 60 hours in length and includes instruction in classroom and behind-the-wheel teaching methods and supervised practice behind-the-wheel teaching of driving techniques; and
(e) Has paid an examination fee as set by rule of the department and has successfully completed an instructor's examination.
(3) The department may develop rules to establish alternative pathways to licensure to substitute for subsection (2) of this section provided the alternative pathways enable the department to assess the applicant's fitness, knowledge, skill, and ability to teach the classroom and behind-the-wheel instruction portions of a driver training education program, and provided behind-the-wheel instructor certification include behind-the-wheel teaching methods and supervised practice behind-the-wheel teaching of driving techniques.
[ 2023 c 445 s 4; 2017 c 197 s 10; 2010 1st sp.s. c 7 s 21; 2009 c 101 s 6; 2006 c 219 s 7; 1979 ex.s. c 51 s 6. ]
NOTES:
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—2006 c 219: See note following RCW 46.82.285.
In case of the loss, mutilation, or destruction of a driver training school license certificate or an instructor's license certificate, the director shall issue a duplicate thereof upon proof of the facts and payment of a fee as set by rule of the department.
[ 2006 c 219 s 8; 1979 ex.s. c 51 s 7. ]
NOTES:
Effective date—2006 c 219: See note following RCW 46.82.285.
The director may suspend, revoke, deny, or refuse to renew an instructor's license or a driver training school license, or impose such other disciplinary action authorized under RCW 18.235.110, upon determination that the applicant, licensee, or owner has engaged in unprofessional conduct as defined by RCW 18.235.130 or for any of the following causes:
(1) Upon determination that the licensee has made a false statement or concealed any material fact in connection with the application or license renewal;
(2) Upon determination that the applicant, licensee, owner, or any person directly or indirectly interested in the driver training school's business has been convicted of a felony, or any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude;
(3) Upon determination that the applicant, licensee, owner, or any person directly or indirectly interested in the driver training school's business previously held a driver training school license which was revoked, suspended, or refused renewal by the director;
(4) Upon determination that the applicant, licensee, or owner does not have an established place of business as required by this chapter;
(5) Upon determination that the applicant or licensee has failed to require all persons with financial interest in the driver training school to be signatories to the application;
(6) Upon determination that the applicant, licensee, or owner has committed fraud, induced another to commit fraud, or engaged in fraudulent practices in relation to the business conducted under the license, or has induced another to resort to fraud in relation to securing for himself, herself, or another a license to drive a motor vehicle;
(7) Upon determination that the applicant, licensee, or owner has engaged in conduct that could endanger the educational welfare or personal safety of students or others;
(8) Upon determination that a licensed instructor no longer possesses and meets the qualifications and conditions set out in RCW 46.82.330(2)(a); or
(9) Upon determination that the applicant, licensee or owner failed to satisfy or fails to satisfy the other conditions stated in this chapter.
[ 2006 c 219 s 9; 1979 ex.s. c 51 s 8. ]
NOTES:
Effective date—2006 c 219: See note following RCW 46.82.285.
The license of any driver training school or instructor may be suspended, revoked, denied, or refused renewal, or such other disciplinary action authorized under RCW 18.235.110 may be imposed, for failure to comply with the business practices specified in this section.
(1) No place of business shall be established nor any business of a driver training school conducted or solicited within one thousand feet of an office or building owned or leased by the department of licensing in which examinations for drivers' licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building.
(2) Any automobile used by a driver training school or an instructor for instruction purposes must be equipped with:
(a) Dual controls for foot brake and clutch, or foot brake only in a vehicle equipped with an automatic transmission;
(b) An instructor's rear view mirror; and
(c) A sign in legible, printed English letters displayed on the back or top, or both, of the vehicle that:
(i) Is not less than twenty inches in horizontal width or less than ten inches in vertical height;
(ii) Has the words "student driver," "instruction car," or "driving school" in letters at least two and one-half inches in height near the top;
(iii) Has the name and telephone number of the school in similarly legible letters not less than one inch in height placed somewhere below the aforementioned words;
(iv) Has lettering and background colors that make it clearly readable at one hundred feet in clear daylight;
(v) Is displayed at all times when instruction is being given.
(3) Instruction may not be given by an instructor to a student who is under the age of fifteen, and behind-the-wheel instruction may not be given by an instructor to a student in an automobile unless the student possesses a current and valid instruction permit issued pursuant to RCW 46.20.055 or a current and valid driver's license.
(4) No driver training school or instructor shall advertise or otherwise indicate that the issuance of a driver's license is guaranteed or assured as a result of the course of instruction offered.
(5) No driver training school or instructor shall utilize any types of advertising without using the full, legal name of the school and identifying itself as a driver training school. Instruction vehicles and equipment, classrooms, driving simulators, training materials and services advertised must be available in a manner as might be expected by the average person reading the advertisement.
(6) A driver training school shall have an established place of business owned, rented, or leased by the school and regularly occupied and used exclusively for the business of giving driver instruction. The established place of business of a driver training school shall be located in a district that is zoned for business or commercial purposes or zoned for conditional use permits for schools, trade schools, or colleges. However, the use of public or private schools does not alleviate the driver training school from securing and maintaining an established place of business or from using its own classroom on a regular basis as required under this chapter.
(a) The established place of business, branch office, or classroom or advertised address of any such driver training school shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, bus, telephone answering service if such service is the sole means of contacting the driver training school, a room or rooms in a hotel or rooming house or apartment house, or premises occupied by a single or multiple-unit dwelling house.
(b) A driver training school may lease classroom space within a public or private school that is recognized and regulated by the office of the superintendent of public instruction to conduct student instruction as approved by the director. However, such use of public or private classroom space does not alleviate the driver training school from securing and maintaining an established place of business nor from using its own classroom on a regular basis as required by this chapter.
(c) To classify as a branch office or classroom the facility must be within a thirty-five mile radius of the established place of business. The department may waive or extend the thirty-five mile restriction for driver training schools located in counties below the median population density.
(d) Nothing in this subsection may be construed as limiting the authority of local governments to grant conditional use permits or variances from zoning ordinances.
(7) No driver training school or instructor shall conduct any type of instruction or training on a course used by the department of licensing for testing applicants for a Washington driver's license.
(8) Each driver training school shall maintain its student, instructor, vehicle, insurance, and operating records at its established place of business.
(a) Student records must include the student's name, address, and telephone number, date of enrollment and all dates of instruction, the student's instruction permit or driver's license number, the type of training given, the total number of hours of instruction, and the name and signature of the instructor or instructors.
(b) Vehicle records shall include the original insurance policies and copies of the vehicle registration for all instruction vehicles.
(c) Student and instructor records shall be maintained for three years following the completion of the instruction. Vehicle records shall be maintained for five years following their issuance. All records shall be made available for inspection upon the request of the department.
(d) Upon a transfer or sale of school ownership the school records shall be transferred to and become the property and responsibility of the new owner.
(9) Each driver training school shall, at its established place of business, display, in a place where it can be seen by all clients, a copy of the required curriculum furnished by the department. Copies of the required curriculum are to be provided to driver training schools and instructors by the director.
(10) Driver training schools and instructors shall submit to periodic inspections of their business practices, facilities, records, and insurance by authorized representatives of the director of the department of licensing.
[ 2017 c 197 s 11; 2009 c 101 s 7; 2006 c 219 s 10; 1989 c 337 s 19; 1979 ex.s. c 51 s 9. ]
NOTES:
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2006 c 219: See note following RCW 46.82.285.
Upon notification of suspension, revocation, denial, or refusal to renew a license under this chapter, a driver training school or instructor shall have the right to appeal the action being taken. An appeal may be made to the director, who shall cause a hearing to be held in accordance with chapter 34.05 RCW. Filing an appeal shall stay the action pending the hearing and the director's decision. Upon conclusion of the hearing, the director shall issue a decision on the appeal.
(1) A license may, however, be temporarily suspended by the director without notice pending any prosecution, investigation, or hearing where such emergency action is warranted. A licensee or applicant entitled to a hearing shall be given due notice thereof.
(2) The sending of a notice of a hearing by registered mail to the last known address of a licensee or applicant in accordance with chapter 34.05 RCW shall be deemed due notice.
(3) The director or the director's authorized representative shall preside over the hearing and shall have the power to subpoena witnesses, administer oaths to witnesses, take testimony of any person, and cause depositions to be taken. A subpoena issued under the authority of this section shall be served in the same manner as a subpoena issued by a court of record. Witnesses subpoenaed under this section and persons other than officers or employees of the department of licensing shall be entitled to the same fees and mileage as are allowed in civil actions in courts of law.
[ 2006 c 219 s 11; 1979 ex.s. c 51 s 10. ]
NOTES:
Effective date—2006 c 219: See note following RCW 46.82.285.
Any action or decision of the director may, after a hearing is held as provided in this chapter, be appealed by the party aggrieved to the superior court of the county in which the place of business is located or where the aggrieved person resides.
[ 1979 ex.s. c 51 s 11. ]
A violation of any provision of this chapter shall be a misdemeanor.
[ 1979 ex.s. c 51 s 12. ]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
This chapter shall not apply to or affect in any manner courses of instruction offered in high schools, vocational-technical schools, colleges, or universities which are now or hereafter established, nor shall it be applicable to instructors in any such high schools, vocational-technical schools, colleges, or universities: PROVIDED, That such course or courses are conducted by such schools in a like manner to their other regular courses. If such course is conducted by any commercial school as herein identified on a contractual basis, such school and instructors must qualify under this chapter.
[ 1979 ex.s. c 51 s 13. ]
All moneys collected from driver training school licenses and instructor licenses shall be deposited in the highway safety fund.
[ 1990 c 250 s 73; 1979 ex.s. c 51 s 14. ]
(1) The department and the office of the superintendent of public instruction shall jointly develop and maintain a required curriculum as specified in RCW 28A.220.035. The department shall furnish to each qualifying applicant for an instructor's license or a driver training school license a copy of such curriculum.
(2) In addition to information on the safe, lawful, and responsible operation of motor vehicles on the state's highways, the required curriculum shall include information on:
(a) Intermediate driver's license issuance, passenger and driving restrictions and sanctions for violating the restrictions, and the effect of traffic violations and collisions on the driving privileges;
(b) The effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol related traffic injury and mortality rates in the state of Washington and the current penalties for driving under the influence of drugs or alcohol;
(c) Motorcycle awareness, approved by the director, to ensure new operators of motor vehicles have been instructed in the importance of safely sharing the road with motorcyclists;
(d) Bicycle safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with bicyclists;
(e) Pedestrian safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with pedestrians; and
(f) Commercial vehicle, bus, and other large vehicle awareness, to ensure new operators of motor vehicles have been instructed in the importance of sharing the road with large vehicles.
(3) Should the director be presented with acceptable proof that any licensed instructor or driver training school is not showing proper diligence in teaching the required curriculum, the instructor or school shall be required to appear before the director and show cause why the license of the instructor or school should not be revoked for such negligence. If the director does not accept such reasons as may be offered, the director may revoke the license of the instructor or school, or both.
[ 2023 c 32 s 1; 2017 c 197 s 12; 2010 1st sp.s. c 7 s 22; 2008 c 125 s 3; 2007 c 97 s 3; 2006 c 219 s 12; 2004 c 126 s 2; 1991 c 217 s 3; 1979 ex.s. c 51 s 15. ]
NOTES:
Effective date—2023 c 32: "This act takes effect April 1, 2024." [ 2023 c 32 s 2.]
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Findings—2008 c 125: "The legislature finds and declares that it is the policy of the state of Washington to encourage the safe and efficient use of the roads by all citizens, regardless of mode of transportation. In furtherance of this policy, the legislature further finds and declares that driver training programs should enhance the driver training curriculum in order to emphasize the importance of safely sharing the road with bicyclists and pedestrians." [ 2008 c 125 s 1.]
Short title—2008 c 125: "This act may be known and cited as the Matthew "Tatsuo" Nakata act." [ 2008 c 125 s 2.]
Effective date—2006 c 219: See note following RCW 46.82.285.
PDFRCW 46.82.420
Required curriculum—Revocation of license for failure to teach. (Effective January 1, 2031.)
(1) The department and the office of the superintendent of public instruction shall jointly develop and maintain a required curriculum as specified in RCW 28A.220.035. The department shall furnish to each qualifying applicant for an instructor's license or a driver training school license a copy of such curriculum.
(2) In addition to information on the safe, lawful, and responsible operation of motor vehicles on the state's highways, the required curriculum shall include information on:
(a) Intermediate driver's license issuance, passenger and driving restrictions and sanctions for violating the restrictions, and the effect of traffic violations and collisions on the driving privileges;
(b) The effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol related traffic injury and mortality rates in the state of Washington and the current penalties for driving under the influence of drugs or alcohol;
(c) Motorcycle awareness, approved by the director, to ensure new operators of motor vehicles have been instructed in the importance of safely sharing the road with motorcyclists;
(d) Bicycle safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with bicyclists;
(e) Pedestrian safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing the road with pedestrians;
(f) Commercial vehicle, bus, and other large vehicle awareness, to ensure new operators of motor vehicles have been instructed in the importance of sharing the road with large vehicles; and
(g) Work zone and first responder safety awareness, to ensure new operators of motor vehicles have been instructed in the importance of sharing the road with workers in roadway work zones and first responder vehicles and personnel.
(3) Should the director be presented with acceptable proof that any licensed instructor or driver training school is not showing proper diligence in teaching the required curriculum, the instructor or school shall be required to appear before the director and show cause why the license of the instructor or school should not be revoked for such negligence. If the director does not accept such reasons as may be offered, the director may revoke the license of the instructor or school, or both.
[ 2025 c 299 s 6; 2023 c 32 s 1; 2017 c 197 s 12; 2010 1st sp.s. c 7 s 22; 2008 c 125 s 3; 2007 c 97 s 3; 2006 c 219 s 12; 2004 c 126 s 2; 1991 c 217 s 3; 1979 ex.s. c 51 s 15.]
Effective date—2025 c 299 s 6: "Section 6 of this act takes effect January 1, 2031." [ 2025 c 299 s 25.]
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
Effective date—2023 c 32: "This act takes effect April 1, 2024." [ 2023 c 32 s 2.]
Findings—Intent—Effective date—2017 c 197: See notes following RCW 28A.220.020.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Findings—2008 c 125: "The legislature finds and declares that it is the policy of the state of Washington to encourage the safe and efficient use of the roads by all citizens, regardless of mode of transportation. In furtherance of this policy, the legislature further finds and declares that driver training programs should enhance the driver training curriculum in order to emphasize the importance of safely sharing the road with bicyclists and pedestrians." [ 2008 c 125 s 1.]
Short title—2008 c 125: "This act may be known and cited as the Matthew "Tatsuo" Nakata act." [ 2008 c 125 s 2.]
Effective date—2006 c 219: See note following RCW 46.82.285.
Instructional material used in driver training schools shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' and pedestrians' rights and responsibilities and suggested riding procedures in common traffic situations.
[ 1998 c 165 s 6; 1986 c 93 s 5. ]
NOTES:
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 19. ]
The director shall develop rules consistent with RCW 18.340.020 for the licensure of spouses of military personnel.
[ 2011 2nd sp.s. c 5 s 6. ]
NOTES:
Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.
(1) Driver training schools may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle as authorized under RCW 46.20.120(6).
(2) The director shall adopt rules to regulate the administration of the knowledge and driving portions of the driver licensing examination. The rules must include, but are not limited to, the following provisions:
(a) Limitations or requirements that determine which driver training schools may administer the knowledge portion of the examination;
(b) Limitations or requirements that determine which driver training schools may administer the driving portion of the examination;
(c) Requirements for the content and method of conducting the examinations to ensure consistency with industry practices;
(d) Requirements for recordkeeping;
(e) A requirement that all driver training school employees conducting driver licensing examinations meet the same qualifications and education and training standards as department employees who conduct such examinations, to the extent necessary to conduct the written and driving skills portions of the examinations;
(f) Requirements related to whether a driver training school staff member may provide both driver training instruction and the driver licensing examination to any one student;
(g) Requirements for retesting and expiring examination results;
(h) Requirements for the department to monitor outcomes for applicants who take a driver licensing examination through a driver training school and to make the outcomes available to the public;
(i) Requirements for annual auditing, which must include the collection of current information regarding insurance, curriculums, instructors' names and licenses, and a selection of random student files to review for accuracy; and
(j) Sanctions for violations of the rules adopted under this section.
(3) Before a driver training school may provide a portion of the driver licensing examination, it must enter into an agreement with the department that, at a minimum, contains provisions that:
(a) Allow the department to conduct random examinations, inspections, and audits without prior notice;
(b) Allow the department to conduct on-site inspections at least annually;
(c) Allow the department to test, at least annually, a random sample of the drivers approved by the driver training school for licensure and to cancel any driver's license that may have been issued to any driver selected for testing who refuses to be tested; and
(d) Reserve to the department the right to take prompt and appropriate action against a driver training school that fails to comply with state or federal standards for a driver licensing examination or to comply with any terms of the agreement.
[ 2011 c 370 s 6. ]
NOTES:
Inclusion of stakeholder groups in communications to facilitate transition of driver licensing examination administration—2011 c 370: "In communications facilitating the transition to driver training schools and school districts administering portions of the driver licensing examination, the department of licensing shall include at least one representative from each stakeholder group, including the superintendent of public instruction, driver training schools, the unions representing licensing services representatives, and the Washington state school directors' association." [ 2011 c 370 s 7.]
Intent—2011 c 370: See note following RCW 28A.220.030.
(1) By January 1, 2025, the department must publish on its website an interactive map of all driver training education course providers and providers of a traffic safety education program as defined in RCW 28A.220.020, including driver, motorcyclist, and commercial driver training and testing providers certified by the department. The interactive map, at a minimum, must provide training and testing provider names, locations, contact information, course and program pricing, and services offered by language.
(2) Each driving [driver] training education course and traffic safety education program provider must report course and program pricing to the department on an annual basis.
[ 2023 c 445 s 5. ]
(1) Subject to the availability of amounts appropriated in the omnibus transportation appropriations act for this specific purpose, the department must establish a program to expand education opportunities for driver training school instructors, specifically certification training programs.
(2) As part of the program, the department must:
(a) Implement a comprehensive traffic safety education program to train driver training school instructors;
(b) Establish mentorship programs and offer specialized grant programs or financial incentives to encourage diversity within the driver training school industry;
(c) Collaborate with the office of the superintendent of public instruction to align instructor requirements under the department and office of the superintendent of public instruction rules to streamline the process of obtaining a driver training school instructor certification; and
(d) Facilitate partnerships between private driver training schools and high schools, vocational-technical schools, colleges, or universities to enable private driver training school instructors to teach driver training education courses in school facilities. Such courses are not eligible for school credit.
(3) The department must submit an annual report to the appropriate committees of the legislature every July 1st, beginning July 1, 2026, detailing program activities. The report due July 1, 2030, must also provide a programmatic and funding needs assessment and any recommendations to support the program.
[ 2025 c 299 s 10. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
(1) Beginning January 1, 2027, and subject to the availability of funds appropriated in the omnibus transportation appropriations act for this specific purpose, the department must establish a program to provide vouchers for individuals at least 15 years of age but under 25 years of age to cover up to the average cost of driver training education courses for drivers who reside in low-income households, with the goal of assisting as many people as possible with the greatest need, measured both by income and mobility needs otherwise unserved, to access driver training education. A voucher may be applied to the cost of a course offered by a school district or an approved private school under chapter 28A.220 RCW, the cost of a course offered by a driver training school under this chapter, the cost of a driver training education refresher course, the cost of a safe driving course if required under RCW 46.20.1191(9), or the cost of a condensed traffic safety education course. A voucher may not be provided more than once for any of the eligible courses under this subsection.
(2) In consultation with the Washington traffic safety commission, the department shall adopt rules establishing eligibility criteria and application and award procedures, and any other necessary rules, for implementing this section.
(3) An applicant who has previously received financial support to complete a driver training program under RCW 74.13.338(2)(b) or 49.04.290 is deemed ineligible for a voucher under this section.
(4) Driver training education course costs or fees may not be inflated to offset any voucher amounts provided by applicants. The department may evaluate such course pricing to determine if costs or fees have been inflated for this purpose.
(5) By December 1, 2025, the department, in consultation with the Washington traffic safety commission and the department of social and health services, shall provide to the appropriate committees of the legislature a policy framework and guidelines for the voucher program, to include the following considerations:
(a) Targeted demographics, including individuals or families who are cost burdened or eligible to receive funds under economic and community services programs;
(b) Consideration of the need for a vehicle by geography, taking into account mobility needs and other mobility options available in a community;
(c) An approach to reach young adults over the age of 18, especially for those enrolled in community or technical colleges; and
(d) Recommended voucher funding levels for projected or anticipated eligible individuals.
(6) Beginning January 1, 2028, the department shall annually report to the transportation committees of the legislature the following:
(a) The income criteria used to determine voucher awards for driver training education courses;
(b) The number of applicants for driver training education vouchers annually by county;
(c) The number of vouchers awarded annually by county;
(d) The number of vouchers redeemed annually by county;
(e) The dollar amount of vouchers redeemed annually by county;
(f) The community average income of voucher recipients during the reporting period; and
(g) The number of eligible applicants who did not receive or could not use a voucher.
(7) This section does not create an entitlement to receive voucher program funds.
[ 2025 c 299 s 11. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
(1) Beginning July 1, 2026, and subject to the availability of funds appropriated in the omnibus transportation appropriations act for this specific purpose, the department must establish a program to partner with tribal governments to provide young driver education and training in tribal communities.
(2) By January 1, 2026, the department must provide to the appropriate committees of the legislature an implementation plan for the program. On a biennial basis beginning July 1, 2027, the department must report to the appropriate committees of the legislature on program activities.
[ 2025 c 299 s 13. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
See RCW 28A.220.901.
Any city, town, or county may establish a traffic school for the purposes and under the conditions set forth in this chapter. A city, town, or county traffic school may be established whenever the governing body of the city, town, or county adopts an ordinance or a resolution declaring the intention to organize and operate a traffic school in accordance with the financing, organization, and operation of the traffic school as described in the ordinance or resolution.
[ 2016 c 201 s 1; 1961 c 12 s 46.83.010. Prior: 1959 c 182 s 1. ]
A traffic school established under this chapter shall be under the control and supervision of the governing body of the city, town, or county that has established the traffic school, through such agents, assistants, or instructors as the governing body may designate. The traffic school of a city, town, or county shall be conducted with the assistance of the police department of the city or town or with the assistance of the county sheriff.
[ 2016 c 201 s 2; 1961 c 12 s 46.83.020. Prior: 1959 c 182 s 2. ]
All funds appropriated by the city, town, or county to the operation of the traffic school shall be deposited with the city, town, or county treasurer and shall be administered by the governing body of the city, town, or county. The governing bodies of every city, town, or county participating in the operation of traffic schools are authorized to make such appropriations by ordinance or resolution, as the case may be, as they shall determine for the establishment and operation of traffic schools, and they are further authorized to accept and expend gifts, donations, and any other money from any source, private or public, given for the purpose of said schools.
[ 2016 c 201 s 3; 1961 c 12 s 46.83.030. Prior: 1959 c 182 s 3. ]
It shall be the purpose of every traffic school which may be established hereunder to instruct, educate, and inform all persons appearing for training in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances.
[ 1998 c 165 s 7; 1961 c 12 s 46.83.040. Prior: 1959 c 182 s 4. ]
NOTES:
Short title—1998 c 165: See note following RCW 43.59.010.
Every municipal court, district court, juvenile court, superior court, and every other court handling traffic cases within the limits of a county wherein a traffic school has been established may, as a part of any sentence imposed following a conviction for any traffic law violation, or as a condition on the suspension of sentence or deferral of any imposition of sentence, order any person so convicted, whether that person be a juvenile, a minor, or an adult, to attend the traffic school for a number of days to be determined by the court, but not to exceed the maximum number of days which the violator could be required to serve in the city or county jail as a result of his or her conviction.
[ 1984 c 258 s 138; 1961 c 12 s 46.83.050. Prior: 1959 c 182 s 5. ]
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Every person required to attend a traffic school as established under the provisions of this chapter shall maintain attendance in accordance with the sentence or order. Failure so to do, unless for good cause shown by clear and convincing evidence, is a traffic infraction.
[ 1979 ex.s. c 136 s 98; 1961 c 12 s 46.83.060. Prior: 1959 c 182 s 6. ]
NOTES:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
(1) A traffic school established by a city, town, or county under this chapter that collects fees for the cost of attending the traffic school may use any fees collected that are in excess of the costs of the traffic school for the following activities:
(a) Safe driver education materials and programs;
(b) Safe driver education promotions and advertising; or
(c) Costs associated with the training of law enforcement officers.
(2) This section does not authorize a city, town, or county to increase or impose new fees for traffic schools solely for the uses authorized in subsection (1) of this section.
(3) This section is not intended, and may not be construed, to reduce, increase, or otherwise impact funding for judicial programs, functions, or services.
(4) The fees collected by a traffic school in excess of the costs of the traffic school must be used only for the activities listed in subsection (1) of this section and are not subject to indirect costs or to be used to supplement any other costs of a city, town, or county not specifically described in this section.
[ 2013 c 41 s 1; 2011 c 197 s 1. ]
A traffic school established by a city, town, or county under this chapter that collects fees for the cost of attending the traffic school may not charge a fee in excess of the penalty for an unscheduled traffic infraction established by the supreme court pursuant to RCW 46.63.110. For the purposes of this section, the penalty includes the base penalty and all assessments and other costs that are required by statute or rule to be added to the base penalty.
[ 2011 c 197 s 2. ]
Any jurisdiction conducting a traffic school or traffic safety course in connection with a condition of a deferral, sentence, or penalty for a traffic infraction or traffic-related criminal offense listed under RCW 46.63.020 shall include, as part of its curriculum, the curriculum for driving safely among bicyclists and pedestrians that has been approved by the department of licensing for driver training schools. This curriculum requirement does not require that more than thirty minutes be devoted to the bicycle and pedestrian curriculum.
[ 2011 c 17 s 2. ]
NOTES:
Finding—2011 c 17: "The legislature finds that a number of cities and counties in the state of Washington conduct traffic schools or traffic safety courses for persons cited for traffic infractions or traffic-related criminal offenses as a condition of a deferral, sentence, or penalty. The legislature recognizes that since driver education programs have only recently been required to provide information about how to drive safely among bicyclists and pedestrians, many licensed drivers do not have knowledge about such safe driving practices. In order to increase such knowledge and to avoid unnecessary injuries, fatalities, and conflicts, the legislature believes that it is appropriate to include the bicycle and pedestrian curriculum approved by the department of licensing for driver training schools as part of the curriculum of such traffic schools and traffic safety courses. Curriculum materials, which are donated by bicycle organizations to the department of licensing without state expense, are available from the department of licensing and are also available electronically on the department's website." [ 2011 c 17 s 1.]
It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of vehicle reciprocal or proportional registration agreements, arrangements and declarations with other states, provinces, territories, and countries with respect to vehicles registered in this and such other states, provinces, territories, and countries thus contributing to the economic and social development and growth of this state.
[ 1987 c 244 s 8; 1963 c 106 s 1. ]
The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Jurisdiction" means and includes a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.
(2) "Owner" means a person, business firm, or corporation who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or in the event a vehicle is subject to a lease, contract, or other legal arrangement vesting right of possession or control, for security or otherwise, or in the event a mortgagor of a vehicle is entitled to possession, then the owner shall be deemed to be such person in whom is vested right of possession or control.
(3) "Properly registered," as applied to place of registration, means:
(a) The jurisdiction where the person registering the vehicle has his or her legal residence; or
(b) In the case of a commercial vehicle, the jurisdiction in which it is registered if the commercial enterprise in which such vehicle is used has a place of business therein, and, if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from such place of business, and, the vehicle has been assigned to such place of business; or
(c) In the case of a commercial vehicle, the jurisdiction where, because of an agreement or arrangement between two or more jurisdictions, or pursuant to a declaration, the vehicle has been registered as required by said jurisdiction.
In case of doubt or dispute as to the proper place of registration of a vehicle, the department shall make the final determination, but in making such determination, may confer with departments of the other jurisdictions affected.
[ 2010 c 8 s 9100; 1987 c 244 s 9; 1985 c 173 s 2; 1982 c 227 s 18; 1981 c 222 s 1; 1963 c 106 s 2. ]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
Effective date—1982 c 227: See note following RCW 19.09.100.
The department of licensing shall have the authority to execute agreements, arrangements, or declarations to carry out the provisions of chapter 46.87 RCW and this chapter.
If the department enters into a multistate proportional registration agreement which requires this state to perform acts in a quasi agency relationship, the department may collect and forward applicable registration fees and applications to other jurisdictions on behalf of the applicant or on behalf of another jurisdiction and may take such other action as will facilitate the administration of such agreement.
If the department enters into a multistate proportional registration agreement which prescribes procedures applicable to vehicles not specifically described in chapter 46.87 RCW, such as but not limited to "owner-operator" or "rental" vehicles, it shall promulgate rules taking exception to or accomplishing the procedures prescribed in such agreement.
It is the purpose and intent of this subsection to facilitate the membership in the International Registration Plan and at the same time allow the department to continue to participate in such agreements and compacts as may be necessary and desirable in addition to the International Registration Plan.
[ 1987 c 244 s 10; 1982 c 227 s 19; 1981 c 222 s 2; 1977 ex.s. c 92 s 1; 1975-'76 2nd ex.s. c 34 s 137; 1967 c 32 s 113; 1963 c 106 s 3. ]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
The department may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or licensed in such jurisdiction and for which evidence of compliance is supplied, benefits, privileges, and exemptions from the payment, wholly or partially, of any taxes, fees, or other charges imposed upon such vehicles or owners with respect to the operation or ownership of such vehicles under the laws of this state. Such an agreement or arrangement shall provide that vehicles properly registered or licensed in this state when operated upon highways of such other jurisdiction shall receive exemptions, benefits, and privileges of a similar kind or to a similar degree as are extended to vehicles properly registered or licensed in such jurisdiction when operated in this state. Each such agreement or arrangement shall, in the judgment of the department, be in the best interest of this state and the citizens thereof and shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce.
[ 1985 c 173 s 3; 1982 c 227 s 20; 1963 c 106 s 4. ]
NOTES:
Effective date—1982 c 227: See note following RCW 19.09.100.
An agreement or arrangement entered into, or a declaration issued under the authority of chapter 46.87 RCW or this chapter may contain provisions authorizing the registration or licensing in another jurisdiction of vehicles located in or operated from a base in such other jurisdiction which vehicles otherwise would be required to be registered or licensed in this state; and in such event the exemptions, benefits, and privileges extended by such agreement, arrangement, or declaration shall apply to such vehicles, when properly licensed or registered in such base jurisdiction.
[ 1987 c 244 s 11; 1963 c 106 s 5. ]
In the absence of an agreement or arrangement with another jurisdiction, the department may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles properly registered or licensed in such other jurisdiction, or to the owners of such vehicles, which shall, in the judgment of the department, be in the best interest of this state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce. Declarations of exemptions, benefits, and privileges issued by the department shall include at least the following exemptions:
(1) Nonresident persons not employed in this state may operate a vehicle in this state that is currently licensed in another jurisdiction for a period not to exceed six months in any continuous twelve-month period.
(2) Nonresident persons employed in this state may operate vehicles not to exceed twelve thousand pounds registered gross vehicle weight that are currently licensed in another jurisdiction if no permanent, temporary, or part-time residence is maintained in this state for a period greater than six months in any continuous twelve-month period.
(3) A vehicle or a combination of vehicles, not exceeding a registered gross or combined gross vehicle weight of twelve thousand pounds, which is properly base licensed in another jurisdiction and registered to a bona fide business in that jurisdiction is not required to obtain Washington vehicle license registration except when such vehicle is owned or operated by a business or branch office of a business located in Washington.
(4) The department of licensing, after consultation with the department of revenue, shall adopt such rules as it deems necessary for the administration of these exemptions, benefits, and privileges.
[ 1987 c 142 s 4; 1985 c 353 s 3; 1982 c 227 s 21; 1963 c 106 s 6. ]
NOTES:
Effective date—1982 c 227: See note following RCW 19.09.100.
An agreement, or arrangement entered into, or a declaration issued under the authority of this chapter, may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.
[ 1963 c 106 s 7. ]
On and after July 1, 1963, if no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by this chapter, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance is supplied shall receive, when operated in this state, the same exemptions, benefits and privileges granted by such other jurisdiction to vehicles properly registered in this state. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate commerce.
[ 1963 c 106 s 8. ]
Agreements, arrangements or declarations made under the authority of this chapter may include provisions authorizing the department to suspend or cancel the exemptions, benefits, or privileges granted thereunder to an owner who violates any of the conditions or terms of such agreements, arrangements, or declarations or who violates the laws of this state relating to motor vehicles or rules and regulations lawfully promulgated thereunder.
[ 1987 c 244 s 12; 1963 c 106 s 9. ]
All agreements, arrangements, or declarations or amendments thereto shall be in writing and shall be filed with the department. Upon becoming effective, they shall supersede the provisions of RCW 46.16A.160, chapter 46.87 RCW, or this chapter to the extent that they are inconsistent therewith. The department shall provide copies for public distribution upon request.
[ 2011 c 171 s 94; 1987 c 244 s 13; 1982 c 227 s 22; 1967 c 32 s 114; 1963 c 106 s 10. ]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—1982 c 227: See note following RCW 19.09.100.
All reciprocity and proportional registration agreements, arrangements and declarations relating to vehicles in force and effect at the time this chapter becomes effective shall continue in force and effect at the time this chapter becomes effective and until specifically amended or revoked as provided by law or by such agreements or arrangements.
[ 1963 c 106 s 11. ]
NOTES:
Effective date—1963 c 106: See RCW 46.85.930.
This chapter shall be, and construed as, a part of and supplemental to the motor vehicle registration law of this state.
[ 1963 c 106 s 30. ]
If any phrase, clause, subsection or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this chapter without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the chapter shall not be affected as a result of said part being held unconstitutional or invalid.
[ 1963 c 106 s 31. ]
The following acts or parts of acts and RCW sections are hereby repealed:
(1) Sections 46.84.010, 46.84.030, 46.84.040, 46.84.050, 46.84.060, 46.84.070, 46.84.080, 46.84.090 and 46.84.100, chapter 12, Laws of 1961 and RCW 46.84.010, 46.84.030, 46.84.040, 46.84.050, 46.84.060, 46.84.070, 46.84.080, 46.84.090 and 46.84.100;
(2) Section 46.84.020, chapter 12, Laws of 1961 as amended by section 37, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.020;
(3) Sections 1, 2, 3, and 4, chapter 266, Laws of 1961 and RCW 46.84.110, 46.84.120, 46.84.130 and 46.84.140; and
(4) Sections 38, 39, and 40, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.150, 46.84.160 and 46.84.170.
Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder, nor the term of office or appointment or employment of any person appointed or employed thereunder.
[ 1963 c 106 s 32. ]
This chapter shall take effect and be in force on and after July 1, 1963.
[ 1963 c 106 s 33. ]
Section captions as used in this chapter shall not constitute any part of the law.
[ 1963 c 106 s 34. ]
This chapter applies to proportional registration and reciprocity granted under the provisions of the international registration plan (IRP). This chapter shall become effective and be implemented beginning with the 1988 registration year.
(1) The director may adopt and enforce rules deemed necessary to implement and administer this chapter.
(2) Owners having a fleet of apportionable vehicles operating in two or more IRP member jurisdictions may elect to proportionally register the vehicles of the fleet under the provisions of the IRP and this chapter in lieu of full or temporary registration as provided for in chapter 46.16A RCW.
(3) If a due date or an expiration date falls on a Saturday, Sunday, or a state legal holiday, such period is automatically extended through the end of the next business day.
[ 2015 c 228 s 1; 2011 c 171 s 95; 2010 c 161 s 1140; 2005 c 194 s 1; 1987 c 244 s 15; 1986 c 18 s 22; 1985 c 380 s 1. ]
NOTES:
Effective date—2015 c 228: "Sections 1 through 27 and 29 through 38 of this act take effect July 1, 2016." [ 2015 c 228 s 42.]
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1987 c 244: "Section 1 of this act shall take effect on January 1, 1990. Sections 9, 10, and 15 through 58 of this act shall take effect on January 1, 1988." [ 1987 c 244 s 59.]
Provisions and terms used in this chapter have the meaning given to them in the international registration plan (IRP), in chapter 46.04 RCW, or as otherwise defined in this section. Definitions given to terms by the IRP prevail unless given a different meaning in this chapter or in rules adopted under authority of this chapter.
(1) "Adequate records" are records maintained by the owner of the fleet sufficient to enable the department to verify the distances reported in the owner's application for apportioned registration and to evaluate the accuracy of the owner's distance accounting system.
(2) "Apportionable vehicle" has the meaning given by the IRP, except that it does not include vehicles with a declared gross weight of 12,000 pounds or less.
(3) "Cab card" is a certificate of registration issued for a vehicle.
(4) "Credentials" means cab cards, apportioned plates, temporary operating authority, and validation tabs issued for proportionally registered vehicles.
(5) "Declared combined gross weight" means the total unladen weight of any combination of vehicles plus the maximum weight of the load to be carried on the combination of vehicles as declared by the registrant.
(6) "Declared gross weight" means the total unladen weight of any vehicle plus the maximum weight of the load to be carried on the vehicle as declared by the registrant. In the case of a bus, auto stage, or a passenger-carrying for hire vehicle with a seating capacity of more than six, the declared gross weight is determined by multiplying 150 pounds by the number of seats in the vehicle, including the driver's seat, and adding this amount to the unladen weight of the vehicle. If the resultant gross weight is not listed in RCW 46.17.355, it must be increased to the next higher gross weight authorized in chapter 46.44 RCW.
(7) "Deny" means to decline acceptance of an application for licensure or reinstatement.
(8) "Department" means the department of licensing.
(9) "Fleet" means one or more apportionable vehicles.
(10) "In-jurisdiction distance" means the total distance, in miles, accumulated in a jurisdiction during the reporting period by vehicles of the fleet while they were a part of the fleet.
(11) "IRP" means the international registration plan.
(12) "Jurisdiction" means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.
(13) "Motor carrier" means an entity engaged in the transportation of goods or persons. "Motor carrier" includes a for-hire motor carrier, private motor carrier, exempt motor carrier, registrant licensed under this chapter, motor vehicle lessor, and motor vehicle lessee.
(14) "Owner" means a person or business who holds the legal title to a vehicle, or if a vehicle is the subject of an agreement for its conditional sale with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract, or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle is entitled to possession, then the owner is deemed to be the person or business in whom is vested right of possession or control.
(15) "Person" means any individual, partnership, association, public or private corporation, limited liability company, or other type of legal or commercial entity, including its members, managers, partners, directors, or officers.
(16) "Prorate percentage" is the factor applied to the total proratable fees and taxes to determine the apportionable fees required for registration in a jurisdiction. It is determined by dividing the in-jurisdiction distance for a particular jurisdiction by the total distance.
(17) "Refuse" has the same meaning as "deny" in subsection (7) of this section.
(18) "Registrant" means a person, business, or corporation in whose name or names a vehicle or fleet of vehicles is registered.
(19) "Registration year" means the 12-month period during which the credentials issued by the base jurisdiction are valid.
(20) "Reporting period" means the period of 12 consecutive months immediately prior to July 1st of the calendar year immediately preceding the beginning of the registration year for which apportioned registration is sought. If the fleet registration period commences in October, November, or December, the reporting period is the period of 12 consecutive months immediately preceding July 1st of the current calendar year.
(21) "Revoke" means to prohibit all authority granted by this chapter, including the display and use of credentials issued by the department for a period of one year or greater or for an indefinite period.
(22) "Suspend" means to restrict the grant of authority under this chapter for a period of less than one year.
(23) "Total distance" means all distance operated by a fleet of apportioned vehicles. "Total distance" includes the full distance traveled in all vehicle movements, both interjurisdictional and intrajurisdictional, including loaded, unladen, deadhead, and bobtail distances. Distance traveled by a vehicle while under a trip lease is considered to have been traveled by the lessor's fleet. All distance, both interstate and intrastate, accumulated by vehicles of the fleet is included in the fleet distance.
[ 2024 c 1 s 1; 2015 c 228 s 2; 2010 c 161 s 1141; 2005 c 194 s 2; 2003 c 85 s 1; 1997 c 183 s 2; 1994 c 262 s 12; 1993 c 307 s 12; 1991 c 163 s 4; 1990 c 42 s 111; 1987 c 244 s 16; 1985 c 380 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2024 c 1: "This act takes effect July 1, 2024." [ 2024 c 1 s 23.]
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Owners of rental trailers and semitrailers over six thousand pounds gross vehicle weight used solely in pool fleets must fully register a portion of the pool fleet in this state. To determine the percentage of total fleet vehicles that must be registered in this state, divide the gross revenue received in the reporting period for the use of the rental vehicles arising from rental transactions occurring in this state by the total revenue received in the reporting period for the use of the rental vehicles arising from rental transactions in all jurisdictions in which the vehicles are operated. Apply the resulting percentage to the total number of vehicles that must be registered in this state. Vehicles registered in this state must be representative of the vehicles in the fleet according to age, size, and value.
[ 2015 c 228 s 3; 1990 c 250 s 74. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
All vehicles being added to a Washington fleet or those vehicles that make up a new Washington fleet must be titled in the name of the owner at time of registration.
[ 2015 c 228 s 4; 1990 c 250 s 75; 1987 c 244 s 17. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) When application to register a vehicle in an existing fleet is made, the Washington apportioned fees must be reduced by one-twelfth for each full month that has elapsed from the time an application for registration is received in the department. The prorate percentage previously established for the fleet must be used in the computation of the apportionable fees and taxes due.
(2) If a vehicle is withdrawn from a fleet during the period it is registered under this chapter, the registrant of the fleet must notify the department on forms prescribed by the department. The department may require the registrant to surrender credentials issued to the vehicle. If a vehicle is completely removed from the service of the fleet, the unused portion of the license fee paid under RCW 46.17.355, reduced by one-twelfth for each month and fraction thereof elapsing between the first day of the month of the current registration year and the date the notice of removal is received in the department, must be credited to the registrant's fleet proportional registration account. Credit must be applied against the license fee liability for subsequent additions of vehicles to the fleet during the registration year or for additional license fees due under RCW 46.17.355 or be due upon audit under RCW 46.87.310. If any credit is less than fifteen dollars, the credit must not be entered. In lieu of credit, the registrant may transfer the unused portion of the license fee for the vehicle to the new owner, in which case it must remain with the vehicle for which it was originally paid. An amount may not be credited against fees other than those for the registration year from which the credit was obtained and an amount may not be refunded.
[ 2015 c 228 s 5; 2010 c 161 s 1142; 2005 c 194 s 3; 1997 c 183 s 3; 1993 c 307 s 13; 1987 c 244 s 18; 1986 c 18 s 23; 1985 c 380 s 3. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Additional gross weight may be purchased to the limits authorized under chapter 46.44 RCW. Registration must be for the remainder of the registration year, including the full registration month in which the vehicle is initially registered at the higher gross weight. The apportionable fee initially paid to the state of Washington, reduced by the number of full registration months the license was in effect, must be deducted from the total fee due. A credit or refund may not be given for a reduction of gross weight.
[ 2015 c 228 s 6; 1994 c 262 s 13; 1987 c 244 s 19; 1985 c 380 s 4. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Each day the department must forward to the state treasurer the fees collected under this chapter and, within ten days of the end of each registration quarter, a detailed report identifying the amount to be deposited to each account for which fees are required. Such fees must be deposited pursuant to RCW 46.68.035.
[ 2015 c 228 s 7; 2005 c 194 s 4; 1987 c 244 s 20; 1985 c 380 s 5. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The apportionment of fees to IRP member jurisdictions must be in accordance with the provisions of the IRP agreement.
[ 2015 c 228 s 8; 1987 c 244 s 21; 1985 c 380 s 6. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Trailers, semitrailers, and pole trailers properly based in jurisdictions other than Washington and displaying currently registered license plates issued by the jurisdictions are granted vehicle registration reciprocity in this state. Unless registered under the provisions of the IRP as a pool fleet, such trailers, semitrailers, and pole trailers must be operated in combination with an apportioned power unit to qualify for reciprocity. If pole trailers are not required to be licensed separately by a member jurisdiction, they may be operated in this state without displaying a base license plate.
[ 2015 c 228 s 9; 2005 c 194 s 5; 1993 c 123 s 1. Prior: 1991 c 339 s 9; 1991 c 163 s 5; 1990 c 42 s 112; 1987 c 244 s 22; 1985 c 380 s 7. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16A.455.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) Upon making satisfactory application and payment of fees and taxes for proportional registration under this chapter, the department must issue credentials. License plates must be displayed as required under RCW 46.16A.200(5). The license plates must be of a design determined by the department. The license plates must be treated with reflectorized material and clearly marked with the words "WASHINGTON" and "APPORTIONED," both words to appear in full and without abbreviation.
(2) The cab card is the certificate of registration for the vehicle. The cab card must contain the name and address of the registrant as maintained in the records of the department, the license plate number assigned to the vehicle, the vehicle identification number, and other information the department may require. The cab card must be signed by the registrant, or a designated person if the registrant is a business, and must always be carried in the vehicle.
(3) The apportioned license plates are not transferable. License plates must be legible and remain with the vehicle until the department requires them to be removed.
(4) Validation tab(s) of a design determined by the department must be affixed to the license plate(s) as prescribed by the department and indicate the month and year for which the vehicle is registered.
(5) A fleet vehicle properly registered is deemed to be fully registered in this state for any type of legal movement or operation. In instances in which a permit or grant of authority is required for interstate or intrastate operation, the vehicle must not be operated in interstate or intrastate commerce unless the owner is granted the appropriate operating authority and the vehicle is being operated in conformity with that permit or operating authority.
(6) The department may deny, suspend, or revoke the credentials authorized under subsection (1) of this section to any person: (a) Who formerly held any type of license, registration, credentials, or permit issued by the department pursuant to chapter 46.16A, 46.44, 46.85, or 82.38 RCW or this chapter that has been revoked for cause, which cause has not been removed; (b) who is a subterfuge for the real party in interest whose license, registration, credentials, or permit issued by the department pursuant to chapter 46.16A, 46.44, 46.85, or 82.38 RCW or this chapter and has been revoked for cause, which cause has not been removed; (c) who, as a person, individual licensee, or officer, partner, director, owner, or managing employee of a nonindividual licensee, has had a license, registration, or permit issued by the department pursuant to chapter 46.16A, 46.44, 46.85, or 82.38 RCW or this chapter that has been revoked for cause, which cause has not been removed; (d) who has an unsatisfied debt to the state assessed under either chapter 46.16A, 46.44, 46.85, 82.38, or 82.44 RCW or this chapter; or (e) who, as a person, individual licensee, officer, partner, director, owner, or managing employee of a nonindividual licensee, has been prohibited from operating as a motor carrier by the federal motor carrier safety administration or Washington state patrol and the cause for such prohibition has not been satisfied.
(7) Any action initiated under subsection (6) of this section may be immediately issued as a notice of the adverse action. Upon service of that notice, the applicant, registrant, or owner must be granted 30 calendar days to request a review by the department on the action. If a timely request to review is received, the department must grant the applicant, registrant, or owner a review and at least 10 days written notice of the time, place, and method of the review. If no request is received by the department, the action becomes final and subject to the provisions of RCW 46.87.300.
[ 2024 c 1 s 2; 2015 c 228 s 10; 2013 c 225 s 609; 2011 c 171 s 97; 2005 c 194 s 6; 1998 c 115 s 1; 1993 c 307 s 14; 1987 c 244 s 23; 1985 c 380 s 8. ]
NOTES:
Effective date—2024 c 1: See note following RCW 46.87.020.
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—2013 c 225: See note following RCW 82.38.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) To replace license plates, a cab card, or validation tab(s), the registrant must apply to the department on forms furnished by the department.
(a) A fee of ten dollars is charged for two license plates. The department must issue new license plates with validation tabs and a new cab card.
(b) A fee of two dollars is charged for each cab card.
(c) A fee of two dollars is charged for each validation year tab.
(2) All fees collected under this section must be deposited in the motor vehicle fund.
[ 2015 c 228 s 11; 1994 c 262 s 14; 1987 c 244 s 24; 1986 c 18 s 24; 1985 c 380 s 9. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) An application for proportional registration of a fleet must state the actual distance accumulated by the fleet during the reporting period. If operations were not conducted by the fleet during the reporting period, the application must contain a department determined average per vehicle distance of the fleet in all jurisdictions.
[ 2015 c 228 s 12; 2005 c 194 s 7; 1997 c 183 s 4; 1990 c 42 s 113; 1987 c 244 s 25. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The department must collect a vehicle transaction fee each time a vehicle is added to a Washington fleet, and each time the registration of a Washington fleet vehicle is renewed. The exact amount of the vehicle transaction fee must be fixed by rule, but must not exceed ten dollars. This fee must be deposited in the motor vehicle fund.
[ 2015 c 228 s 13; 2005 c 194 s 8; 1987 c 244 s 26. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) Any owner of one or more fleets of apportionable vehicles may, in lieu of registration of the vehicles under chapter 46.16A RCW, register the vehicles of each fleet by filing a proportional registration application with the department. The application must contain the following information and other information the department may require:
(a) A description and identification of each vehicle in the fleet.
(b) An original or renewal application must be accompanied by a distance schedule for each fleet.
(c) The USDOT number issued to the registrant and the USDOT number of the motor carrier responsible for the safety of each vehicle, if different.
(d) The taxpayer identification number of the registrant and the motor carrier responsible for the safety of each vehicle, if different.
(2) Each application must, at the time and in the manner required by the department, be supported by payment of a fee computed as follows:
(a) Divide the in-jurisdiction distance for each jurisdiction by the total distance and carry the answer to the nearest thousandth of a percent (three places beyond the decimal, e.g. 10.543 percent). This factor is known as the prorate percentage.
(b) Determine the apportionable fees and taxes required for each vehicle in the fleet based on the applicable fees and taxes under the laws of each jurisdiction.
Fees and taxes for vehicles of Washington fleets and foreign jurisdiction fleets operating in Washington are those prescribed under RCW 46.17.315, 46.17.355, and 82.38.075. If, during the registration period, the lessor of an apportioned vehicle changes and the vehicle remains in the fleet of the registrant, the department must only charge those fees prescribed for the issuance of new apportioned license plates, validation tabs, and cab card.
(c) Multiply the total, apportionable fees or taxes for each vehicle by the prorate percentage applicable to each jurisdiction and round the results to the nearest cent.
(d) Add the total fees and taxes determined in (c) of this subsection for each vehicle to the nonapportionable fees and taxes required under the laws of each jurisdiction. Nonapportionable fees required for vehicles of Washington fleets are the administrative fee required under RCW 82.38.075, the vehicle transaction fee pursuant to RCW 46.87.130, and the commercial vehicle safety inspection [enforcement] fee in RCW 46.17.315.
(e) The amount due and payable is the sum of the fees and taxes calculated for each jurisdiction in which the fleet is registered.
(3) All assessments for taxes and fees are due and payable in United States funds on the date presented or mailed to the registrant at the address listed in the proportional registration records of the department. The registrant may petition for reassessment of the fees or taxes due within thirty days of the date of original service.
[ 2015 c 228 s 14; 2011 c 171 s 98; 2010 c 161 s 1143; 2005 c 194 s 9; 2003 c 85 s 2; 1997 c 183 s 5; 1991 c 339 s 10; 1990 c 42 s 114; 1987 c 244 s 27. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.
Effective dates—1987 c 244: See note following RCW 46.87.010.
If a person pays a fee or tax that amounts to an overpayment of ten dollars or more, the person is entitled to a refund of the entire amount of the overpayment, regardless of whether or not a refund has been requested. This subsection does not preclude a person from applying for a refund of an overpayment if the overpayment is less than ten dollars. If the department or its agents fail to assess and collect the full amount of fees or taxes owed, which underpayment is ten dollars or more, the department must collect the additional amount owed.
[ 2015 c 228 s 15; 1996 c 91 s 1; 1987 c 244 s 28. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—1996 c 91: "This act takes effect July 1, 1996." [ 1996 c 91 s 5.]
Effective dates—1987 c 244: See note following RCW 46.87.010.
The department may suspend or cancel the exemptions, benefits, or privileges granted under chapter 46.85 RCW or this chapter to any person who violates any of the conditions or terms of the IRP or who violates the laws or rules of this state relating to the operation or registration of vehicles.
[ 2015 c 228 s 16; 2005 c 194 s 10; 1987 c 244 s 32. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The department must refuse registration of a vehicle if the applicant has failed to furnish proof, acceptable to the department, that the federal heavy vehicle use tax imposed under 26 U.S.C. Sec. 4481 has been suspended or paid.
[ 2015 c 228 s 17; 1987 c 244 s 33. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The gross weight of a vehicle is the scale weight of the vehicle, plus the scale weight of any trailer, semitrailer, converter gear, or pole trailer to be towed by it, to which must be added the maximum weight of the load to be carried on it or towed by it as declared by the licensee as long as it does not exceed the weight limitations prescribed under chapter 46.44 RCW.
The gross weight in the case of a bus, auto stage, or passenger-carrying for hire vehicle with a seating capacity over six, is the scale weight of the bus, auto stage, or passenger-carrying for hire vehicle plus the seating capacity, including the operator's seat, computed at one hundred fifty pounds per seat.
If the resultant gross weight, according to this section, is not listed in RCW 46.17.355, it must be increased to the next higher gross weight listed pursuant to chapter 46.44 RCW.
A vehicle or combination of vehicles found to be loaded beyond the licensed gross weight of the vehicle or combination of vehicles must be cited and handled under RCW 46.16A.540 and 46.16A.545.
[ 2015 c 228 s 18; 2010 c 161 s 1144; 1987 c 244 s 35. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Whenever an act or omission is declared to be unlawful under chapter 46.12, 46.16A, or 46.44 RCW or this chapter, and the operator of the vehicle is not the owner or lessee of the vehicle but is operating or moving the vehicle with the express or implied permission of the owner or lessee, the operator and the owner or lessee are both subject to this chapter, with the primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the unlawful act or omission is not the owner or the lessee of the vehicle, that person is fully authorized to accept the citation or notice of infraction and execute the promise to appear on behalf of the owner or lessee.
[ 2015 c 228 s 19; 2011 c 171 s 99; 1987 c 244 s 36. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective dates—1987 c 244: See note following RCW 46.87.010.
To administer the provisions of the IRP, the department may act in a quasi-agency relationship with other jurisdictions. The department may collect and forward applicable registration fees and taxes to other jurisdictions on behalf of the applicant or another jurisdiction and may take other action that facilitates the administration of the IRP.
[ 2015 c 228 s 20; 1987 c 244 s 37. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
This chapter constitutes complete authority for the registration of vehicles upon a proportional registration basis without reference to or application of any other statutes of this state except as expressly provided in this chapter.
[ 2015 c 228 s 21; 1987 c 244 s 38. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Any person who alters, forges, or causes to be altered or forged any credential, or holds or uses any credential knowing the credential to have been altered or forged, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
[ 2015 c 228 s 22; 2003 c 53 s 255; 1987 c 244 s 39. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1987 c 244: See note following RCW 46.87.010.
This chapter does not require any vehicle to be proportionally registered if it is otherwise properly registered for operation on the highways of this state.
[ 2015 c 228 s 23; 1987 c 244 s 41. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) If the department determines at any time that an applicant for proportional registration of a vehicle or vehicles is not entitled to credentials, the department may refuse to issue credentials for the vehicle or vehicles and, after notice, cancel any existing credentials. The department must send the notice of cancellation by first-class mail, addressed to the owner of the vehicle or vehicles at the owner's address as it appears in the proportional registration records of the department. It is unlawful for any person to drive or operate the vehicle(s) until proper credentials have been issued.
(2) Any person driving or operating the vehicle(s) after the refusal of the department to issue credentials or the suspension, revocation, or cancellation of the credentials is guilty of a gross misdemeanor.
(3) A vehicle that has been driven or operated in violation of this section may be impounded by the Washington state patrol, county sheriff, or city police in a manner directed for such cases by the chief of the Washington state patrol until proper credentials have been issued.
[ 2015 c 228 s 24; 2003 c 53 s 256; 1997 c 183 s 6; 1987 c 244 s 42. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The department must refuse to register a vehicle if the registrant or motor carrier responsible for the safety of the vehicle has been prohibited from operating by the federal motor carrier safety administration. The department may not register a vehicle if the Washington state patrol has placed an out-of-service order on the vehicle's department of transportation number, as defined in RCW 46.16A.010.
[ 2015 c 228 s 25; 2011 c 171 s 100; 2007 c 419 s 15; 2003 c 85 s 3. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
The department must suspend or revoke the credentials of a vehicle if the registrant or motor carrier responsible for the safety of the vehicle has been prohibited from operating by the federal motor carrier safety administration. The department may not register a vehicle if the Washington state patrol has placed an out-of-service order on the vehicle's department of transportation number, as defined in RCW 46.16A.010.
[ 2015 c 228 s 26; 2011 c 171 s 101; 2007 c 419 s 16; 2003 c 85 s 4. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Findings—Short title—2007 c 419: See notes following RCW 46.16A.010.
The suspension, revocation, cancellation, or refusal by the director, or the director's designee, of the credentials issued under this chapter is conclusive unless the person whose credentials are suspended, revoked, canceled, or refused appeals to the superior court of Thurston county, or at the person's option if a resident of Washington, to the superior court of his or her county of residence, for the purpose of having the suspension, revocation, cancellation, or refusal of the credentials set aside. Notice of appeal must be filed within ten calendar days after service of the notice of suspension, revocation, cancellation, or refusal. Upon the filing of the appeal, the court must issue an order to the director to show cause why the credentials should not be granted or reinstated. The director must respond to the order within ten days after the date of service of the order upon the director. Service must be in the manner prescribed for service of summons and complaint in other civil actions. Upon the hearing on the order to show cause, the court must hear evidence concerning matters related to the suspension, revocation, cancellation, or refusal of the credentials and enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal.
[ 2015 c 228 s 27; 1987 c 244 s 43. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
An owner must preserve the records on which the owner's application for apportioned registration is based for a period of three years following the close of the registration year. The owner must make records available to the department for audit as to the accuracy and adequacy of records, computations, and payments at a location designated by the department. The department must assess and collect any unpaid fees and taxes due affected jurisdictions and provide credits for any overpayments of apportionable fees and taxes to the jurisdictions affected. If the records produced by the owner for the audit fail to meet the criteria for adequate records, or are not produced within thirty calendar days after a written request by the department, the department must impose on the owner an assessment in the amount of twenty percent of the total apportionable fees paid or found due because of appropriate adjustment for the registration of the fleet in the registration year to which records pertain. In the instance of a second offense, the department must impose upon the owner an assessment in the amount of fifty percent of the total apportionable fees paid or found due because of appropriate adjustment for the registration of the fleet in the registration year to which records pertain. In the instance of a third or any subsequent offense, the department must impose upon the owner an assessment in the amount of one hundred percent of the total apportionable fees paid or found due because of appropriate adjustment for the registration of the fleet in the registration year to which records pertain. The department must distribute the amount of assessments it collects under this section on a pro rata basis to the other jurisdictions in which the fleet was registered or required to be registered.
If the owner fails to maintain complete records as required under this section, the department may attempt to reconstruct or reestablish such records.
The department may conduct joint audits of any owner with other jurisdictions. An assessment for deficiency or claim for credit may not be made for any period for which records are no longer required. Any fees, taxes, penalties, or interest due and owing the state upon audit bear interest at the rate of one percent per month, or fraction thereof, from the first day of the calendar month after the amount should have been paid until the date of payment. If the audit discloses a deliberate and willful intent to evade the requirements of payment under RCW 46.87.140, a penalty of ten percent of the amount owed, in addition to any other assessments authorized under this chapter, must be assessed.
If the audit discloses that an overpayment in excess of ten dollars has been made, the department must refund the overpayment to the owner. Overpayments must bear interest at the rate of eight percent per annum from the date on which the overpayment was incurred until the date of payment.
[ 2015 c 228 s 28; 1996 c 91 s 2; 1993 c 307 s 15; 1987 c 244 s 44. ]
NOTES:
Effective date—2015 c 228 ss 28, 39, 40, and 41: "Sections 28 and 39 through 41 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2015." [ 2015 c 228 s 43.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The department may initiate and conduct audits and investigations to establish the existence of any alleged violations of or noncompliance with this chapter or any rules adopted under it.
For the purpose of any audit, investigation, or proceeding under this chapter, the director or any designee of the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, paper, correspondence, memoranda, agreements, or other documents or records that the department deems relevant or material to the inquiry.
In case of contumacy or refusal to obey a subpoena issued to any person, any court of competent jurisdiction may issue an order requiring that person to appear before the director or the officer designated by the director to produce testimony or other evidence touching the matter under audit, investigation, or in question. Failure to obey an order of the court may be punishable by contempt.
[ 2015 c 228 s 29; 1987 c 244 s 45. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
An owner of vehicles against whom an assessment is made under RCW 46.87.310 may petition for reassessment within thirty days after service of notice of the assessment upon the owner. If the petition is not filed within the thirty-day period, the amount of the assessment becomes final.
If a petition for reassessment is filed within the thirty-day period, the department must reconsider the assessment and, if the petitioner has requested in the petition, grant the petitioner an oral hearing and give the petitioner ten days notice of the time and place of the hearing. The department may continue the hearing from time to time. The decision of the department upon a petition for reassessment becomes final thirty days after service upon the petitioner of notice of the decision.
Every assessment made under RCW 46.87.310 becomes due and payable at the time it is served on the owner. If the assessment is not paid in full when it becomes final, the department must add a penalty of ten percent of the amount of the assessment.
Any notice of assessment, reassessment, oral hearing, or decision required under this section must be served personally or by mail. If served by mail, service is deemed to have been accomplished on the date the notice was deposited in the United States mail and mailed to the owner's address as it appears in the proportional registration records of the department.
An injunction or writ of mandate or other legal or equitable process may not be issued in any suit, action, or proceeding in any court against any officer of the state to prevent or enjoin the collection under this chapter of any fee or tax or any amount of fee or tax required to be collected, except as specifically provided for in chapter 34.05 RCW.
[ 2015 c 228 s 30; 1996 c 91 s 3; 1987 c 244 s 46. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.87.010.
Except in the case of violations of filing a false or fraudulent application, if the department deems mitigation of penalties, fees, and interest to be reasonable, it may mitigate such assessments giving consideration to the degree and extent of the lack of records and reporting errors. The department may ascertain the facts regarding recordkeeping and payment penalties in lieu of more elaborate proceedings under this chapter.
[ 2015 c 228 s 31; 1994 c 262 s 15; 1991 c 339 s 5. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
(1) If a person liable for the payment of fees and taxes fails to pay the amount, including any interest and penalty, together with costs incurred, there must be a lien in favor of the state upon all franchises, property, and rights to property, whether real or personal, belonging to or acquired, whether the property is employed by such person for personal or business use or is in the control of a trustee, receiver, or assignee. The lien is effective from the date fees and taxes were due and payable until the amount is satisfied. The lien has priority over any lien or encumbrance except liens of other fees and taxes having priority by law.
(2) The department must file with any county auditor or other agent a statement of claim and lien specifying the amount of delinquent fees, taxes, penalties, and interest owed.
[ 2015 c 228 s 32; 1993 c 307 s 16; 1987 c 244 s 47. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
If a person is delinquent in the payment of any obligation, the department may give notice of the amount of the delinquency, in person, by mail, or through electronic service, to persons having possession or control of credits or personal and real property belonging to the person, or owing any debts to the person. Any person notified may not transfer or dispose of credits, personal and real property, or debts without the consent of the department. A person notified must, within 20 days after receipt of the notice, advise the department of any credits, personal and real property, or debts in his or her possession, under his or her control or owing by him or her, and must immediately deliver the credits, personal and real property, or debts to the department.
If a person fails to timely answer the notice, a court may render judgment by default against the person.
The notice and order to withhold and deliver constitutes a continuing lien on property of the person. The department must include in the notice to withhold and deliver "continuing lien." The effective date of a notice to withhold and deliver is the date of service.
[ 2024 c 1 s 3; 2015 c 228 s 33; 1994 c 262 s 16; 1987 c 244 s 48. ]
NOTES:
Effective date—2024 c 1: See note following RCW 46.87.020.
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
If a person is delinquent in the payment of any obligation, and the delinquency continues after notice and demand for payment, the department must collect the amount due. The department must seize any property subject to the lien of the fees, taxes, penalties, and interest and sell it at public auction. Notice of the intended sale and its time and place must be given to the person and to all persons with an interest in the property. The notice must be published at least ten days before the date set for the sale in a newspaper of general circulation published in the county in which the property will be sold. If there is no newspaper of general circulation in the county, the notice must be posted in three public places in the county for a period of ten days. The notice must contain a description of the property, a statement of the amount due, the name of the person, and a statement that unless the amount due is paid on or before the time in the notice the property will be sold.
The department must sell the property and deliver to the purchaser a bill of sale or deed. If the moneys received exceed the amount due from the person, the excess must be returned to the person with a receipt. If any person having an interest in or lien upon the property has filed notice with the department before the sale, the department must withhold payment of any excess to the person pending determination of the rights of the respective parties by a court of competent jurisdiction. If the receipt of the person is not available, the department must deposit the excess with the state treasurer as trustee for the person or his or her heirs, successors, or assigns.
[ 2015 c 228 s 34; 2010 c 8 s 9101; 1987 c 244 s 49. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
When an assessment becomes final, the department may file with the clerk of any county within the state a warrant in the amount of fees, taxes, penalties, interest, and a filing fee under RCW 36.18.012(10). The warrant constitutes a lien upon the title to, and interest in, all real and personal property of the person against whom the warrant is issued. The warrant is sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state.
[ 2015 c 228 s 35; 2001 c 146 s 6; 1987 c 244 s 50. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
Effective dates—1987 c 244: See note following RCW 46.87.010.
The remedies of the state in this chapter are cumulative, and no action taken by the department may be construed to be an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy provided for in this chapter.
[ 1987 c 244 s 52. ]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
(1) The director, the state of Washington, and its political subdivisions are immune from civil liability arising from the issuance of a vehicle license to a nonroadworthy vehicle.
(2) No suit or action may be commenced or prosecuted against the director or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the director under this chapter.
[ 1987 c 244 s 53. ]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
A licensee who files a petition in bankruptcy, or against whom a petition for bankruptcy is filed, must notify the department within ten days of the filing, including the name and location of the court in which [the] petition is filed.
[ 2015 c 228 s 36; 1997 c 183 s 1. ]
NOTES:
Effective date—2015 c 228: See note following RCW 46.87.010.
This chapter may be known and cited as "Proportional Registration."
[ 1987 c 244 s 54. ]
NOTES:
Effective dates—1987 c 244: See note following RCW 46.87.010.
The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authorities may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts that body of rules by reference may at any time exclude any section or sections of those rules that it does not desire to include in its local traffic ordinance. The rules are not intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available.
[ 1993 c 400 s 1; 1975 1st ex.s. c 54 s 1. ]
NOTES:
Effective dates—1993 c 400: "(1) Sections 3 through 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993].
(2) Sections 1 and 2 of 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.
(3) Section 6 of this act takes effect July 1, 1994." [ 1993 c 400 s 7.]
In consultation with the chief of the Washington state patrol and the traffic safety commission, the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).
[ 1993 c 400 s 2; 1975 1st ex.s. c 54 s 2. ]
NOTES:
Effective dates—1993 c 400: See note following RCW 46.90.005.
(1) In order to test an autonomous motor vehicle on any public roadway under the department's autonomous vehicle self-certification testing pilot program, the following information must be provided by the self-certifying entity testing the autonomous motor vehicle:
(a) Contact information specified by the department;
(b) Local jurisdictions where testing is planned;
(c) The vehicle identification numbers of the autonomous vehicles being tested, provided that one is required by state or federal law; and
(d) Proof of an insurance policy that meets the requirements of RCW 46.30.050.
(2) Any autonomous motor vehicle to which subsection (1) of this section is applicable and that does not have a vehicle identification number and is not otherwise required under state or federal law to have a vehicle identification number assigned to it must be assigned a unique identification number that is provided to the department and that is displayed in the vehicle in a manner similar to the display of vehicle identification numbers in motor vehicles.
(3)(a) The self-certifying entity testing the autonomous motor vehicle on any public roadway must notify the department of:
(i) Any collisions that are required to be reported to law enforcement under RCW 46.52.030, involving an autonomous motor vehicle during testing on any public roadway; and
(ii) Any moving violations, as defined in administrative rule as authorized under RCW 46.20.2891, for which a citation or infraction was issued, involving an autonomous motor vehicle during testing on any public roadway.
(b) By February 1st of each year, the self-certifying entity must submit a report to the department covering reportable events from the prior calendar year.
(c) The self-certifying entity shall provide the information required by the department under (a) of this subsection. The information provided must include whether the autonomous driving system was operating the vehicle at the time of or immediately prior to the collision or moving violation, and in the case of a collision, details regarding the collision, including any loss of life, injury, or property damage that resulted from the collision.
(d) The provisions of this section are supplemental to all other rights and duties under law applicable in the event of a motor vehicle collision.
(4) The self-certifying entity testing the autonomous motor vehicle on public roadways under the department's autonomous vehicle self-certification testing pilot program must provide written notice in advance of testing to local and state law enforcement agencies with jurisdiction over any of the public roadways on which testing will occur that includes the expected period of time during which testing will occur in the applicable jurisdictions, including city police departments within city limits where testing will occur, county sheriff departments outside of city limits in counties where testing will occur, and the Washington state patrol when testing will occur on limited access highways, as defined in RCW 47.52.010. However, for testing primarily on limited access highways that travels through multiple local jurisdictions, which may include the limited incidental use of other roadways, the self-certifying entity must only provide written notice as specified in this subsection to the Washington state patrol. Written notice provided under this subsection must: (a) Be provided not less than fourteen and not more than sixty days in advance of testing; (b) include contact information where the law enforcement agency can communicate with the self-certifying entity testing the autonomous vehicle regarding the testing planned in that jurisdiction; and (c) provide the physical description of the motor vehicle or vehicles being tested, including make, model, color, and license plate number.
(5) The department may adopt a fee to be charged by the department for self-certification in an amount sufficient to offset administration by the department of the self-certification testing pilot program.
(6) The department shall provide public access to the information self-certifying entities provide to it, and shall provide an annual report to the house and senate transportation committees of the legislature summarizing the information reported by self-certifying entities under this section.
(7) An autonomous motor vehicle may not be operated on any public roadway for the purposes of testing in Washington state until the department is provided with the information required under subsection (1) of this section.
(8) For purposes of this section, "autonomous" means a level four or five driving automation system as provided in the society of automotive engineering international's standard J3016, as it existed on October 1, 2022, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
[ 2021 c 193 s 1; 2020 c 182 s 2. ]
NOTES:
Effective date—2021 c 193 s 1: "Section 1 of this act takes effect October 1, 2022." [ 2021 c 193 s 3.]
Effective date—2021 c 193; 2020 c 182 s 2: "Section 2 of this act takes effect October 1, 2022." [ 2021 c 193 s 4; 2020 c 182 s 4.]
The legislature finds and declares that the distribution and sale of motorsports vehicles in this state vitally affect the general economy of the state and the public interest and public welfare, that provision for warranty service to motorsports vehicles is of substantial concern to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and that the maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature further finds that there is a substantial disparity in bargaining power between motorsports vehicle manufacturers and their dealers, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate the relationship between motorsports vehicle dealers and motorsports vehicle manufacturers, importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but also for the benefit for the public in assuring the continued availability and servicing of motorsports vehicles sold to the public.
The legislature recognizes it is in the best interest for manufacturers and dealers of motorsports vehicles to conduct business with each other in a fair, efficient, and competitive manner. The legislature declares the public interest is best served by dealers being assured of the ability to manage their business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the intent of the legislature to impose a regulatory scheme and to regulate competition in the motorsports vehicle industry to the extent necessary to balance fairness and efficiency. These actions will permit motorsports vehicle dealers to better serve consumers and allow dealers to devote their best competitive efforts and resources to the sale and services of the manufacturer's products to consumers.
[ 2003 c 354 s 1. ]
The definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild, parent, brother, or sister of the owner of a new motorsports vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motorsports vehicle dealership under the terms of the owner's will or similar document, and if there is no such will or similar document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a new motorsports vehicle dealer who has been nominated by the owner of a new motorsports vehicle dealership as the successor in a written, notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motorsports vehicle dealership, the person who has been appointed by a court as the legal representative of the incapacitated owner's property.
(3) "Director" means the director of the department of licensing.
(4) "Franchise" means one or more agreements, whether oral or written, between a manufacturer and a new motorsports vehicle dealer, under which the new motorsports vehicle dealer is authorized to sell, service, and repair new motorsports vehicles, parts, and accessories under a common name, trade name, trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and includes a dealer agreement, either expressed or implied, between a manufacturer and a new motorsports vehicle dealer that purports to fix the legal rights and liabilities between the parties and under which (a) the dealer is granted the right to purchase and resell motorsports vehicles manufactured, distributed, or imported by the manufacturer; (b) the dealer's business is associated with the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed by the manufacturer; and (c) the dealer's business relies on the manufacturer for a continued supply of motorsports vehicles, parts, and accessories.
(5) "Good faith" means honesty in fact and fair dealing in the trade as defined and interpreted in *RCW 62A.2-103.
(6) "Manufacturer" means a person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motorsports vehicles or remanufactures motorsports vehicles in whole or in part and further includes the terms:
(a) "Distributor," which means a person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes new and unused motorsports vehicles to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering for sale, motorsports vehicles to a distributor, wholesaler, or vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes a sales promotion organization, whether a person, firm, or corporation, that is engaged in promoting the sale of new and unused motorsports vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting for the sale of their motorsports vehicles or for supervising or contracting with their dealers or prospective dealers.
(7) "Motorsports vehicle" means a motorcycle as defined in RCW 46.04.330; a moped as defined in RCW 46.04.304; a motor-driven cycle as defined in RCW 46.04.332; a personal watercraft as defined in RCW 79A.60.010; a snowmobile as defined in RCW 46.04.546; a four-wheel, all-terrain vehicle; and any other motorsports vehicle defined under RCW 46.93.200 by the department that is otherwise not subject to chapter 46.96 RCW.
(8) "New motorsports vehicle dealer" or "dealer" means a person engaged in the business of buying, selling, exchanging, or otherwise dealing in new motorsports vehicles or new and used motorsports vehicles at an established place of business under a franchise, sales and service agreement, or any other contract with a manufacturer of any one or more types of new motorsports vehicles. The term does not include a miscellaneous vehicle dealer as defined in RCW 46.70.011.
(9) "Owner" means a person holding an ownership interest in the business entity operating as a new motorsports vehicle dealer and who is the designated dealer in the new motorsports vehicle franchise agreement.
(10) "Person" means a natural person, partnership, stock company, corporation, trust, agency, or any other legal entity, as well as any individual officers, directors, or other persons in active control of the activities of the entity.
(11) "Place of business" means a permanent, enclosed commercial building, situated within this state, and the real property on which it is located, at which the business of a motorsports vehicle dealer, including the display and repair of motorsports vehicles, may be lawfully conducted in accordance with the terms of all applicable laws and at which the public may contact the motorsports vehicle dealer and employees at all reasonable times.
(12) "Relevant market area" is defined as follows:
(a) If the population in the county in which the existing, proposed new, or relocated dealership is located or is to be located is four hundred thousand or more, the relevant market area is the geographic area within the radius of ten miles around the existing, proposed new, or relocated place of business for the dealership;
(b) If the population in the county in which the existing, proposed new, or relocated dealership is to be located is two hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a radius of twelve miles around the existing, proposed new, or relocated place of business for the dealership;
(c) If the population in the county in which the existing, proposed new, or relocated dealership is to be located is less than two hundred thousand, the relevant market area is the geographic area within a radius of twenty miles around the existing, proposed new, or relocated place of business for the dealership;
(d) In determining population for this definition, the most recent census by the United States Bureau of Census or the most recent population update, either from the National Planning Data Corporation or other similar recognized source, will be accumulated for all census tracts either wholly or partially within the relevant market area.
[ 2011 c 171 s 102; 2003 c 354 s 2. ]
NOTES:
Reviser's note: *(1) RCW 62A.2-103 was amended by 2012 c 214 s 801, deleting the definition of "good faith."
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motorsports vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.93.070 and an administrative law judge has determined, if requested in writing by the dealer within forty-five days of receiving a notice from a manufacturer, after hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith regarding the termination, cancellation, or nonrenewal.
[ 2003 c 354 s 3. ]
A new motorsports vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise, may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition must contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question continues in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer or manufacturer, the franchise continues in full force and effect until all appeals to a superior court or any appellate court have been completed. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
[ 2003 c 354 s 4. ]
(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.93.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act, chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as otherwise provided in RCW 34.05.446 and 34.05.449, all hearing costs must be borne on an equal basis by the parties to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek judicial review of the order in the superior court or appellate court in the manner provided for in RCW 34.05.510 through 34.05.598. A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.
[ 2003 c 354 s 5. ]
(1) Notwithstanding the terms of a franchise or the terms of a waiver, and except as otherwise provided in RCW 46.93.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal of a franchise when there is a failure by the dealer to comply with a provision of the franchise that is both reasonable and of material significance to the franchise relationship, if the dealer was notified of the failure within one hundred eighty days after the manufacturer first acquired knowledge of the failure, and the dealer did not correct the failure after being requested to do so.
If, however, the failure of the dealer relates to the performance of the dealer in sales, service, or level of customer satisfaction, good cause is the failure of the dealer to comply with reasonable performance standards determined by the manufacturer in accordance with uniformly applied criteria, and:
(a) The dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice was provided of a failure of performance under this section;
(c) The manufacturer provided the dealer with specific, reasonable goals or reasonable performance standards with which the dealer must comply, together with a suggested timetable or program for attaining those goals or standards, and the dealer was given a reasonable opportunity, for a period of not more than ninety days, to comply with the goals or standards; and
(d) The dealer did not substantially comply with the manufacturer's performance standards during that period and the failure to demonstrate substantial compliance was not due to market or economic factors within the dealer's relevant market area that were beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[ 2003 c 354 s 6. ]
Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the dealer. The notice must be by certified mail or personally delivered to the new motorsports vehicle dealer and must state the intention to terminate, cancel, or not renew the franchise, the reasons for the termination, cancellation, or nonrenewal, and the effective date of the termination, cancellation, or nonrenewal. The notice must be given:
(1) Not less than ninety days, which runs concurrently with the ninety-day period provided in RCW 46.93.060(1)(c), before the effective date of the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of the termination, cancellation, or nonrenewal with respect to any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the dealer or the filing of any petition by or against the dealer under bankruptcy or receivership law;
(b) Failure of the dealer to conduct sales and service operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;
(c) Conviction of the dealer, or principal operator of the dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the dealer is required to have to operate the dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the effective date of termination, cancellation, or nonrenewal, where the manufacturer intends to discontinue sale and distribution of the new motorsports vehicle line.
[ 2003 c 354 s 7. ]
(1) Upon the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall pay the dealer, at a minimum:
(a) Dealer cost, less all allowances paid or credited to the dealer by the manufacturer, of unused, undamaged, and unsold new motorsports vehicles in the dealer's inventory that were acquired from the manufacturer or another dealer of the same line make in the ordinary course of business;
(b) Dealer cost for all unused, undamaged, and unsold supplies, parts, and accessories in original packaging, except that in the case of sheet metal, a comparable substitute for original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another dealer ceasing operations as a part of the dealer's initial inventory, as long as the supplies, parts, and accessories appear in the manufacturer's current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned by the dealer that bears a common name, trade name, or trademark of the manufacturer, if acquisition of the sign was recommended or required by the manufacturer and the sign is in good and usable condition less reasonable wear and tear, and has not been depreciated by the dealer more than fifty percent of the value of the sign; and
(e) The fair market value of all special tools owned or leased by the dealer that were acquired from the manufacturer or persons approved by the manufacturer, and that were required by the manufacturer, and are in good and usable condition, less reasonable wear and tear. However, if the tools are leased by the dealer, the manufacturer shall pay the dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement.
(2) To the extent the franchise agreement provides for payment or reimbursement to the dealer in excess of that specified in this section, the provisions of the franchise agreement will control.
(3) The manufacturer shall pay the dealer the sums specified in subsection (1) of this section within ninety days after the termination, cancellation, or nonrenewal of the franchise, if the dealer has clear title to the property or can provide clear title to the property upon payment by the manufacturer and is in a position to convey that title to the manufacturer.
[ 2009 c 232 s 1; 2003 c 354 s 8. ]
RCW 46.93.030 through 46.93.080 do not relieve a dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.
[ 2003 c 354 s 9. ]
(1) Each manufacturer shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state, the dealer's obligation to perform warranty work or service on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be paid to the dealer for any warranty work or service, including parts, labor, and diagnostic work, required of the dealer by the manufacturer in connection with the manufacturer's products, and for work on and preparation of motorsports vehicles received from the manufacturer. The compensation may not be less than the rates reasonably charged by the dealer for like services and parts to retail customers. The compensation may not be reduced by the manufacturer for any reason or made conditional on an activity outside the performance of warranty work.
(2) All claims for warranty work for parts and labor made by dealers under this section must be paid by the manufacturer within thirty days after approval, and must be approved or denied within thirty days of receipt by the manufacturer. Denial of a claim must be in writing with the specific grounds for denial. The manufacturer may audit claims for warranty work and charge the dealer for any unsubstantiated, incorrect, or false claims for a period of one year after payment. However, the manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in the manner specified by the manufacturer must be either approved or disapproved within thirty days after their receipt. The manufacturer shall notify the dealer in writing of a disapproved claim, and shall set forth the reasons why the claim was not approved. A claim not specifically disapproved in writing within thirty days after receipt is approved, and the manufacturer is required to pay that claim within thirty days of receipt of the claim.
[ 2003 c 354 s 10. ]
(1) Notwithstanding the terms of a franchise, an owner may appoint a designated successor to succeed to the ownership of the dealer franchise upon the owner's death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a dealer franchise may succeed to the ownership interest of the owner under the existing franchise, if:
(a) In the case of a designated successor who meets the definition of a designated successor under *RCW 46.93.020(5), but who is not experienced in the business of a new motorsports vehicle dealer, the person will employ an individual who is qualified and experienced in the business of a new motorsports vehicle dealer to help manage the day-to-day operations of the dealership; or in the case of a designated successor who meets the definition of a designated successor under *RCW 46.93.020(5) (b) or (c), the person is qualified and experienced in the business of a new motorsports vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a dealer by the manufacturer; and
(b) The designated successor furnishes written notice to the manufacturer of his or her intention to succeed to the ownership of the dealership within sixty days after the owner's death or incapacity; and
(c) The designated successor agrees to be bound by all terms and conditions of the franchise.
(3) The manufacturer may request, and the designated successor shall promptly provide, such personal and financial information as is reasonably necessary to determine whether the succession should be honored.
(4) A manufacturer may refuse to honor the succession to the ownership of a dealer franchise by a designated successor if the manufacturer establishes that good cause exists for its refusal to honor the succession. If the designated successor of a deceased or incapacitated owner of a dealer franchise fails to meet the requirements set forth in subsection (2)(a), (b), and (c) of this section, good cause for refusing to honor the succession is presumed to exist. If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership of a dealer franchise by a designated successor, the manufacturer shall serve written notice on the designated successor and on the department of its refusal to honor the succession no earlier than sixty days from the date the notice is served. The notice must be served not later than sixty days after the manufacturer's receipt of:
(a) Notice of the designated successor's intent to succeed to the ownership interest of the dealer's franchise; or
(b) Any personal or financial information requested by the manufacturer.
(5) The notice in subsection (4) of this section must state the specific grounds for the refusal to honor the succession. If the notice of refusal is not timely and properly served, the designated successor may continue the franchise in full force and effect, subject to termination only as otherwise provided under this chapter.
(6) Within twenty days after receipt of the notice, or within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition must contain a short statement setting forth the reasons for the designated successor's protest. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer may not terminate or otherwise discontinue the existing franchise until the administrative law judge has held a hearing and has determined that there is good cause for refusing to honor the succession. If an appeal is taken, the manufacturer may not terminate or discontinue the franchise until all appeals to a superior court or any appellate court have been completed. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a protest is filed.
(9) The administrative law judge shall conduct a hearing concerning the refusal to the succession as provided in RCW 46.93.050(2), and all hearing costs must be borne as provided in that subsection. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
(10) This section does not preclude the owner of a dealer franchise from designating any person as his or her successor by a written, notarized, and witnessed instrument filed with the manufacturer. In the event of a conflict between this section and such a written instrument that has not been revoked by written notice from the owner to the manufacturer, the written instrument governs.
[ 2003 c 354 s 11. ]
NOTES:
*Reviser's note: RCW 46.93.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (2).
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional dealer or to relocate an existing dealer within or into a relevant market area in which the same line make of motorsports vehicle is then represented, the manufacturer shall provide at least ten days advance written notice to the department and to each dealer of the same line make in the relevant market area, of the manufacturer's intention to establish an additional dealer or to relocate an existing dealer within or into the relevant market area. The notice must be sent by certified mail to each such party and include the following information:
(1) The specific location at which the additional or relocated dealer will be established;
(2) The date on or after which the additional or relocated dealer intends to commence business at the proposed location;
(3) The identity of all dealers who are franchised to sell the same line make vehicles as the proposed dealer and who have licensed locations within the relevant market area;
(4) The names and addresses, if available, of the owners of and principal investors in the proposed additional or relocated dealership; and
(5) The specific grounds or reasons for the proposed establishment of an additional dealer or relocation of an existing dealer.
[ 2003 c 354 s 12. ]
(1) Within thirty days after receipt of the notice under RCW 46.93.120, or within thirty days after the end of an appeal procedure provided by the manufacturer, whichever is greater, a dealer notified or entitled to notice may file a petition with the department protesting the proposed establishment or relocation. The petition must contain a short statement setting forth the reasons for the dealer's objection to the proposed establishment or relocation. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer may not establish or relocate the dealer until the administrative law judge has held a hearing and administrative proceeding under the Administrative Procedure Act, chapter 34.05 RCW, and has determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the same dealer, the administrative law judge shall consolidate the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement or by written statement distributed and provided to its dealers for arbitration under the Washington Arbitration Act, *chapter 7.04 RCW, as a mechanism for resolving disputes relating to the establishment of an additional new motorsports vehicle dealer or the relocation of a new motorsports vehicle dealer, subsection (1) of this section and RCW 46.93.140 will take precedence and the arbitration provision in the franchise agreement or a written statement is void, unless the manufacturer and dealer agree to use arbitration.
(3) If the manufacturer and dealer agree to use arbitration, the dispute must be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute. The thirty-day period for filing a protest under subsection (1) of this section still applies except the protesting dealer shall file the protest with the manufacturer. If the parties cannot agree upon a single arbitrator within thirty days from the date the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two arbitrators will then select a third arbitrator. If a third arbitrator is not agreed upon within thirty days, any party may apply to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him or her, and the manufacturer will pay the arbitrator it selected. The expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written statement of the manufacturer and notwithstanding the terms of a waiver, the arbitration will take place in this state in the county where the protesting dealer has its principal place of business. RCW 46.93.140 applies to a determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer may not establish or relocate the new motorsports vehicle dealer until the arbitration hearing has been held and the arbitrator or arbitrators have determined that there is good cause for permitting the proposed establishment or relocation and any judicial appeals under *chapter 7.04 RCW have been completed. The written decision of the arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act. Any party may appeal the decision of the arbitrator or arbitrators under the Washington Arbitration Act, *chapter 7.04 RCW.
[ 2003 c 354 s 13. ]
NOTES:
*Reviser's note: Chapter 7.04 RCW was repealed in its entirety by 2005 c 433 s 50, effective January 1, 2006. Cf. chapter 7.04A RCW.
In determining whether good cause exists for permitting the proposed establishment or relocation of a dealer of the same line make, the factors that the administrative law judge shall consider must include, but are not limited to the following:
(1) The extent, nature, and permanency of the investment of both the existing dealers of the same line make in the relevant market area and the proposed additional or relocating dealer, including obligations reasonably incurred by the existing dealers to perform their obligations under their respective franchises;
(2) The growth or decline in population and new motorsports vehicle registrations during the past five years in the relevant market area;
(3) The effect on the consuming public;
(4) The effect on the existing dealers in the relevant market area, including any adverse financial impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional dealership to be established;
(7) Whether the dealers of the same line make in the relevant market area are providing adequate competition and convenient customer care for the motorsports vehicles of the same line make in the relevant market area, including the adequacy of motorsports vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel;
(8) Whether the establishment of an additional dealer would increase competition and be in the public interest;
(9) Whether the manufacturer is motivated principally by good faith to establish an additional or new dealer and not by noneconomic considerations;
(10) Whether the manufacturer has denied its existing dealers of the same line make the opportunity for reasonable growth, market expansion, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the requirements of RCW 46.93.120 and 46.93.130.
[ 2003 c 354 s 14. ]
(1) The manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2) and all hearing costs will be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. If more than one protest is filed, the one hundred twenty days commences to run from the date the last protest is filed. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
[ 2003 c 354 s 15. ]
RCW 46.93.120 through 46.93.150 do not apply:
(1) To the sale or transfer of the ownership or assets of an existing dealer where the transferee proposes to engage in business representing the same line make at the same location or within two miles of that location;
(2) To the relocation of an existing dealer within the dealer's relevant market area, if the relocation is not at a site within eight miles of any dealer of the same line make;
(3) If the proposed dealer is to be established at or within two miles of a location at which a former dealer of the same line make had ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less from the existing location of the relocating dealer; or
(5) Where the proposed relocation is to be further away from all other existing dealers of the same line make in the relevant market area.
[ 2003 c 354 s 16. ]
(1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, shall not:
(a) Discriminate between dealers by selling or offering to sell a like motorsports vehicle to one dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped;
(b) Discriminate between dealers by selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer;
(c) Discriminate between dealers by using a promotion plan, marketing plan, or other similar device that results in a lower actual price on vehicles, parts, or accessories being charged to one dealer over another dealer;
(d) Discriminate between dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motorsports vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a dealer, a manufacturer shall disclose in writing to the dealer the method by which new motorsports vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles;
(e) Give preferential treatment to some dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motorsports vehicles sold or distributed by the manufacturer, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles;
(f) Compete with a dealer by acting in the capacity of a dealer, or by owning, operating, or controlling, whether directly or indirectly, a dealership in this state. It is not, however, a violation of this subsection for:
(i) A manufacturer to own or operate a dealership for a temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the dealership was previously owned by a franchised dealer and is currently for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of proof to show justification for the extension and a good faith effort to sell the dealership to an independent person at a fair and reasonable price;
(ii) A manufacturer to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, and where the independent person (A) has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions;
(iii) A manufacturer to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person (A) has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacture [manufacturer] has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed four percent rounded up to the nearest whole number of a manufacturer's total of dealer franchises in this state;
(iv) A manufacturer to own, operate, or control a dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the total ownership interest in the dealership; (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership, the distance between any dealership thus owned, operated, or controlled and the nearest dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control complies with the applicable provisions in the relevant market area sections of this chapter; (C) all of the manufacturer's franchise agreements confer rights on the dealer of that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and the manufacturer agree are appropriate; and (D) the manufacturer had no more than four new motorsports vehicle dealers of that manufacturer's line make in this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the manufacturer;
(g) Compete with a dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of motorsports vehicles under the manufacturer's new motorsports vehicle warranty and extended warranty. Nothing in this subsection (1)(g), however, prohibits a manufacturer from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on motorsports vehicles that are owned by the manufacturer;
(h) Use confidential or proprietary information obtained from a dealer to unfairly compete with the dealer without the prior written consent of the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information" means trade secrets as defined in RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other financial information;
(i) Coerce, threaten, intimidate, or require, either directly or indirectly, a dealer to accept, buy, or order any motorsports vehicle, part, or accessory, or any other commodity or service not voluntarily ordered, or requested, or to buy, order, or pay anything of value for such items in order to obtain a motorsports vehicle, part, accessory, or other commodity that has been voluntarily ordered or requested;
(j) Coerce, threaten, intimidate, or require, either directly or indirectly, a dealer to enter into any agreement that violates this chapter;
(k) Require a change in capital structure or means of financing for the dealership if the dealer at all times meets the reasonable, written, and uniformly applied capital standards determined by the manufacturer;
(l) Prevent or attempt to prevent a dealer from making reasonable changes in the capital structure of a dealership or the means by which the dealership is financed if the dealer meets the reasonable, written, and uniformly applied capital requirements determined by the manufacturer;
(m) Unreasonably require the dealer to change the location or require any substantial alterations to the place of business;
(n) Condition a renewal or extension of the franchise on the dealer's substantial renovation of the existing place of business or on the construction, purchase, acquisition, or re-lease of a new place of business unless written notice is first provided one hundred eighty days before the date of renewal or extension and the manufacturer demonstrates the reasonableness of the requested actions. The manufacturer shall agree to supply the dealer with an adequate quantity of motorsports vehicles, parts, and accessories to meet the sales level necessary to support the overhead resulting from substantial construction, acquisition, or lease of a new place of business;
(o) Coerce, threaten, intimidate, or require, either directly or indirectly, a dealer to order or accept delivery of a motorsports vehicle with special features, accessories, or equipment not included in the list price of the vehicle as advertised by the manufacturer, except items that have been voluntarily requested or ordered by the dealer, and except items required by law;
(p) Fail to hold harmless and indemnify a dealer against losses, including lawsuits and court costs, arising from: (i) The manufacture or performance of a motorsports vehicle, part, or accessory if the lawsuit involves representations by the manufacturer on the manufacture or performance of a motorsports vehicle without negligence on the part of the dealer; (ii) damage to merchandise in transit where the manufacturer specifies the carrier; (iii) the manufacturer's failure to jointly defend product liability suits concerning the motorsports vehicle, part, or accessory provided to the dealer; or (iv) any other act performed by the manufacturer;
(q) Unfairly prevent or attempt to prevent a dealer from receiving reasonable compensation for the value of a motorsports vehicle;
(r) Fail to pay to a dealer, within a reasonable time after receipt of a valid claim, a payment agreed to be made by the manufacturer on grounds that a new motorsports vehicle, or a prior year's model, is in the dealer's inventory at the time of introduction of new model motorsports vehicles;
(s) Deny a dealer the right of free association with any other dealer for any lawful purpose;
(t) Charge increased prices without having given written notice to the dealer at least fifteen days before the effective date of the price increases;
(u) Permit factory authorized warranty service to be performed upon motorsports vehicles or accessories by persons other than their franchised dealers;
(v) Require or coerce a dealer to sell, assign, or transfer a retail sales installment contract, or require the dealer to act as an agent for a manufacturer, in the securing of a promissory note, a security agreement given in connection with the sale of a motorsports vehicle, or securing of a policy of insurance for a motorsports vehicle. The manufacturer may not condition delivery of any motorsports vehicle, parts, or accessories upon the dealer's assignment, sale, or other transfer of sales installment contracts to specific finance companies;
(w) Require or coerce a dealer to grant a manufacturer a right of first refusal or other preference to purchase the dealer's franchise or place of business, or both.
(2) Subsections (1)(a), (b), and (c) of this section do not apply to sales to a dealer: (a) For resale to a federal, state, or local government agency; (b) where the motorsports vehicles will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount program; or (e) where the sale is made under a manufacturer's bona fide fleet vehicle discount program. For purposes of this subsection, "fleet" means a group of fifteen or more new motorsports vehicles purchased or leased by a dealer at one time under a single purchase or lease agreement for use as part of a fleet, and where the dealer has been assigned a fleet identifier code by the department.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the dealer less any incentive paid by the manufacturer, whether paid to the dealer or the ultimate purchaser of the motorsports vehicle.
(b) "Control" or "controlling" means (i) the possession of, title to, or control of ten percent or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary, or (ii) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise, except as expressly provided under the franchise agreement.
(c) "Operate" means to manage a dealership, whether directly or indirectly.
(d) "Own" or "ownership" means to hold the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.
(4) A violation of this section is deemed to affect the public interest and constitutes an unlawful and unfair practice under chapter 19.86 RCW. A person aggrieved by an alleged violation of this section may petition the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW.
[ 2003 c 354 s 17; (2009 c 517 s 1 expired August 1, 2009). ]
NOTES:
Effective date—2009 c 517: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2009]." [ 2009 c 517 s 2.]
Expiration date—2009 c 517: "This act expires August 1, 2009." [ 2009 c 517 s 3.]
(1) Notwithstanding the terms of a franchise, a manufacturer may not unreasonably withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer who meets the normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a dealer or is capable of being approved by the department as a dealer in this state. A manufacturer's failure to respond in writing to a request for consent under this subsection within sixty days after receipt of a written request on the forms, if any, generally used by the manufacturer containing the information and reasonable promises required by a manufacturer, is deemed to be consent to the request. A manufacturer may request, and, if so requested, the applicant for a franchise (a) shall promptly provide such personal and financial information as is reasonably necessary to determine whether the sale, transfer, or exchange should be approved, and (b) shall agree to be bound by all reasonable terms and conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve written notice on the applicant, the transferring, selling, or exchanging dealer, and the department, of its refusal to approve the transfer of the franchise no later than sixty days after the date the manufacturer receives the written request from the dealer. If the manufacturer has requested personal or financial information from the applicant under subsection (1) of this section, the notice must be served not later than sixty days after the receipt of all of such documents. Service of all notices under this section must be made by personal service or by certified mail, return receipt requested.
(3) The notice in subsection (2) of this section must state the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of refusal to approve the sale, transfer, or exchange of the franchise by the transferring dealer, the dealer may file a petition with the department to protest the refusal to approve the sale, transfer, or exchange. The petition must contain a short statement setting forth the reasons for the dealer's protest. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed, and the department shall arrange for a hearing with an administrative law judge as the presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of the franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange, the manufacturer has the burden of proof that it acted reasonably. A manufacturer's refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is capable of operating as a dealer in this state, is presumed to be unreasonable.
(6) The administrative law judge shall conduct a hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging dealer and the manufacturer may be parties to the hearing.
(7) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2), and all hearing costs must be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging dealer may appeal the final order of the administrative law judge to the superior court or the appellate court as provided in the Administrative Procedure Act, chapter 34.05 RCW.
[ 2003 c 354 s 18. ]
The department shall determine and establish the amount of the filing fees required in RCW 46.93.040, 46.93.110, 46.93.130, and 46.93.180. The fees must be set in accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department deems proper but not to exceed one thousand dollars, for the payment of such costs as may be incurred in conducting the hearing as required under this chapter. The security may be given in the form of a bond or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall assess, in equal shares, each of the parties to the hearing for the cost of conducting the hearing. Upon receipt of payment of the costs, the department shall refund and return to the petitioning party any excess funds initially posted by the party as security for the hearing costs. If the petitioning party provided security in the form of a bond or other undertaking with one or more sureties, the bond or other undertaking will then be exonerated and the surety or sureties under it discharged.
[ 2003 c 354 s 19. ]
The department shall determine through rule making under the Administrative Procedure Act any motorsports vehicles not already defined in RCW 46.93.020(7) as of July 27, 2003, that are manufactured after July 27, 2003.
[ 2003 c 354 s 20. ]
(1) By the first business day in February of each year, beginning in 2018, motorsports vehicle manufacturers must report to the department of licensing a listing of all motorsports vehicle warranties for off-road vehicles under chapter 46.09 RCW and snowmobiles under chapter 46.10 RCW sold to Washington residents by out-of-state motorsports vehicle dealers in the previous calendar year. The report must be transmitted such that the department receives the listing no later than the first business day in February. Failure to report a complete listing as required under this subsection results in an administrative fine of one hundred dollars for each day after the first business day in February that the department has not received the report.
(2) The department of licensing shall examine the listing reported in subsection (1) of this section to verify whether the vehicles are properly registered in the state and shall transmit the results of its analysis to the department of revenue. Beginning in 2018, and to the extent that it has received the listing required under subsection (1) of this section, the department and the department of revenue shall jointly notify by first-class mail from the United States postal service by the end of February of each year, the purchasers of the warranties of the off-road vehicles and snowmobiles that are not properly registered in the state of the owner's obligations under state law regarding vehicle titling, registration, and use tax payment, as well as of the penalties for failure to comply with the law.
(3) Fines received under this section must be paid into the state treasury and credited to the nonhighway and off-road vehicle activities program account under RCW 46.09.510 and to the snowmobile account under RCW 46.68.350. The state treasurer must apportion the fines between the accounts according to the pro rata share of the number of off-road vehicle and snowmobile registrations in the previous calendar year. The department must provide the state treasurer with the information needed to determine the apportionment.
[ 2021 c 216 s 5; 2017 c 218 s 4. ]
NOTES:
Effective date—2021 c 216: See note following RCW 46.09.420.
Application—2017 c 218 s 4: "Section 4 of this act applies to the sales of off-road vehicles and snowmobiles beginning in January 2017." [ 2017 c 218 s 5.]
Finding—Intent—Effective date—2017 c 218: See notes following RCW 46.09.495.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Area of sales responsibility" means the geographical area agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement within which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make.
(2) "Component manufacturer" means any person, firm, corporation, or business entity that engages in the manufacturing of components, accessories, or parts used in manufacturing recreational vehicles.
(3) "Dealer" means any person, firm, corporation, or business entity licensed or required to be licensed that sells new recreational vehicles at retail in the state of Washington.
(4) "Distributor" means any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers.
(5) "Factory campaign" means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.
(6) "Family member" means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof.
(7) "Line-make" means a specific series of recreational vehicle products that:
(a) Are targeted to a particular market segment as determined by their décor, features, equipment, size, weight, and price range;
(b) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same décor, equipment, features, price, and weight;
(c) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
(d) The manufacturer/dealer agreement authorizes a dealer to sell.
(8) "Manufacturer" means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles.
(9) "Manufacturer/dealer agreement" means a written agreement or contract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
(10) "Model" is a series of recreational vehicle products identified by a common series trade name or trademark that is a subset of a line-make.
(11) "Proprietary part" means any part manufactured by or for and sold exclusively by the manufacturer.
(12) "Recreational vehicle" means a vehicle that is towed by a consumer-owned tow vehicle and designed to provide temporary living quarters for recreational, camping, or travel use, including only travel trailers, fifth-wheel travel trailers, truck campers, and folding camping trailers.
(13) "Transient customer" means a customer who is temporarily traveling through a dealer's area of sales responsibility.
(14) "Warrantor" means any person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components thereof. "Warrantor" does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.
[ 2024 c 87 s 1. ]
(1) A manufacturer or distributor may not sell a new recreational vehicle in this state to or through a dealer without having first entered into a manufacturer/dealer agreement with a dealer that has been signed by both parties.
(2) The manufacturer shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer/dealer agreement and may not change such area or contract with another dealer for sale of the same line-make in the designated area during the duration of the agreement.
(3) The terms of the manufacturer/dealer agreement, including the area of sales responsibility, may not be reviewed or changed during the duration of the manufacturer/dealer agreement without the written mutual consent of the parties. The duration of the manufacturer/dealer agreement must be stated in the dealer agreement.
(4) A recreational vehicle dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer/dealer agreement with a manufacturer or distributor and may not sell outside of the area of sales responsibility designated in the agreement.
(5) A manufacturer may not unilaterally issue a policy or procedure that violates or substantially alters a provision of the manufacturer/dealer agreement during the duration of such agreement.
(6) A manufacturer will distribute new recreational vehicles to its dealers in a fair and equitable manner. If requested, a manufacturer will provide information on its manner of distribution.
(7) A manufacturer agrees to provide the dealer with adequate technical data to perform proper service and repairs.
[ 2024 c 87 s 2. ]
(1) A manufacturer or distributor, directly or through any officer, agent, or employee, may only terminate, cancel, or fail to renew a model, line-make, or entire manufacturer/dealer agreement with good cause, and, upon renewal, may not require additional inventory stocking requirements or increased retail sales targets in excess of the market growth in the dealer's area of sales responsibility.
(a) The manufacturer or distributor has the burden of showing good cause for terminating, canceling, or failing to renew a model, line-make, or manufacturer/dealer agreement with a dealer. For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered:
(i) The extent of the affected dealer's penetration in the relevant market area for the relevant model or line-make;
(ii) The nature and extent of the dealer's investment in its business;
(iii) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel;
(iv) The effect of the proposed action on the community;
(v) The extent and quality of the dealer's service under recreational vehicle warranties;
(vi) The failure to follow agreed-upon, reasonable procedures or standards related to the overall operation of the dealership consistent with the law and the manufacturer/dealer agreement; or
(vii) The dealer's performance under the terms of its manufacturer/dealer agreement.
(b) Except as otherwise provided in this section, a manufacturer or distributor shall provide a dealer with at least 120 days prior written notice of termination, cancellation, or nonrenewal of a model, line-make, or the entire manufacturer/dealer agreement.
(i) The notice must state all reasons for the proposed termination, cancellation, or nonrenewal and must further state that if, within 30 days following receipt of the notice, the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have 120 days following receipt of the notice to rectify the deficiencies. If the deficiencies are rectified within 120 days, the manufacturer's or distributor's notice is voided. If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect 30 days after the dealer's receipt of the notice unless the dealer has new and untitled inventory on hand that may be disposed of pursuant to subsection (3) of this section.
(ii) The notice period may be reduced to 30 days if the grounds for termination, cancellation, or nonrenewal are due to:
(A) A dealer or one of its owners being convicted of, or entering a plea of nolo contendere to, a felony;
(B) The abandonment or closing of the business operations of the dealer for 10 consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control;
(C) A significant misrepresentation by the dealer materially affecting the business relationship; or
(D) A suspension or revocation of the dealer's license, or refusal to renew the dealer's license, by the department.
(iii) The notice provisions of this subsection (1)(b) do not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.
(2) A dealer may terminate, cancel, or not renew a model, line-make, or the entire manufacturer/dealer agreement with a manufacturer or distributor with or without good cause at any time by giving 30 days written notice to the manufacturer. If the termination, cancellation, or nonrenewal is for good cause, the dealer has the burden of showing good cause. Any of the following items, among others, may be deemed good cause for the proposed action by a dealer:
(a) A manufacturer being convicted of, or entering a plea of nolo contendere to, a felony;
(b) The business operations of the manufacturer have been abandoned or closed for 10 consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control;
(c) A significant misrepresentation by the manufacturer materially affecting the business relationship;
(d) A material violation of chapter 87, Laws of 2024, which is not cured within 30 days after written notice by the dealer;
(e) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy;
(f) A material violation of the manufacturer/dealer agreement that is not cured within 120 days after written notice by the dealer;
(g) Manufacturer coercion of dealer; or
(h) A manufacturer violation of area of sales responsibility protections, or allowing other dealers to violate such protections.
(3) If the manufacturer/dealer agreement is terminated, canceled, or not renewed by the dealer for good cause, the manufacturer shall, at the election of the dealer and within 45 days after termination, cancellation, or nonrenewal, repurchase:
(a) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within 18 months before the date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at 100 percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. If any of the recreational vehicles repurchased are damaged, the amount due to the dealer shall be reduced by the cost to repair the damaged recreational vehicle. Damage prior to delivery to the dealer will not disqualify repurchase under this subsection. Any repurchased recreational vehicle must be paid in full before the vehicle is removed from the dealer's premises. Upon payment, the recreational vehicle must be immediately surrendered to the manufacturer;
(b) All undamaged accessories and proprietary parts sold to the dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105 percent of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and
(c) Any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100 percent of the dealer's net cost, plus freight, destination, delivery, and distribution charges and sales taxes, if any, if it was purchased by the dealer within five years before termination, cancellation, or nonrenewal and upon the manufacturer's or distributor's request and can no longer be used in the normal course of the dealer's ongoing business.
(4) If the manufacturer/dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause, in violation of subsection (1) of this section, then the manufacturer or distributor shall repurchase dealer inventory, equipment, parts, etc. as provided in subsection (3) of this section.
(5) When selling the remaining inventory after termination:
(a) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after a manufacturer/dealer agreement has been terminated, canceled, or not renewed by the manufacturer or distributor.
(b) If recreational vehicles of a line-make subject to the terminated manufacturer/dealer agreement are not repurchased or required to be repurchased by the manufacturer or distributor, the dealer may continue to sell such recreational vehicles that are subject to the terminated manufacturer/dealer agreement and are currently in stock until those recreational vehicles are no longer in the dealer's inventory.
(6) When taking on an additional line-make of a recreational vehicle, a dealer shall notify in writing any manufacturer with whom the dealer has a manufacturer/dealer agreement of the same line-make at least 30 days prior to entering into a manufacturer/dealer agreement with the manufacturer of the additional line-make.
[ 2024 c 87 s 3. ]
(1) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 10 business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor shall not object to the proposed change in ownership unless the prospective transferee:
(a) Has previously been terminated for cause by the manufacturer;
(b) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude;
(c) Lacks any license required by law;
(d) Does not have an active line of credit sufficient to purchase a manufacturer's product; or
(e) Has undergone in the last 10 years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property.
(2) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within seven business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(3)(a) It is unlawful for a manufacturer or distributor to fail to provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. It is unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within 10 business days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only:
(i) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude;
(ii) Bankruptcy or insolvency of the successor during the past 10 years;
(iii) Prior termination by the manufacturer of the successor for breach of a manufacturer/dealer agreement;
(iv) The lack of an active line of credit for the successor sufficient to purchase the manufacturer's product; or
(v) The lack of any license for the successor required by law.
(b) The manufacturer or distributor has the burden of proof regarding its objection. However, a family member may not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement.
[ 2024 c 87 s 4. ]
(1) Each warrantor shall:
(a) Specify in writing to each of its dealers, the dealer's obligations, if any, for preparation, delivery, and warranty service on its products based on the warrantor's stated policies that must be reasonable and customary in the recreational vehicle industry;
(b) Compensate the dealer for warranty service performed by the dealer that is covered by the warrantor's own warranty;
(c) Provide the dealer the schedule of compensation to be paid and the time allowances for the performance of any work and service. The schedule of compensation must include reasonable compensation for diagnostic work as well as warranty labor. If the schedule of compensation required by this section does not include a particular repair, the warrantor will reimburse the dealer for warranty service for the actual time expended unless the warrantor demonstrates that the actual time was not reasonable. In such event, the dealer will be paid a reasonable sum.
(2) Time allowances for the diagnosis and performance of warranty labor must be reasonable for the work to be performed. The compensation of a dealer for warranty labor may not be less than the lowest retail labor rate actually charged by the dealer in the ordinary course of business for like nonwarranty labor as long as such rate is reasonable in the dealer's market.
(3) The warrantor shall reimburse the dealer for any warranty part, accessory, or complete component at actual wholesale cost plus a minimum 30 percent handling charge and the cost, if any, of freight to return such part, component, or accessory to the warrantor. If a part is sent to the dealer at no cost, the dealer is entitled to payment of 30 percent of the wholesale cost of the part from the warrantor as a handling charge. The maximum handling charge for a product sent to the dealer at no cost shall not exceed $300. The warrantor will also reimburse the dealer the cost of freight to return a warranty part, accessory, or complete component to the warrantor.
(4) Warranty audits of dealer records may be conducted by the warrantor on a reasonable basis, and dealer claims for warranty compensation may not be denied except for cause, such as performance of nonwarranty repairs, material noncompliance with the warrantor's published policies and procedures, lack of material documentation, fraud, or misrepresentation.
(5) The dealer shall submit warranty claims within 45 days after completing the work.
(6) The dealer shall notify the warrantor as soon as is reasonably possible, verbally or in writing, if the dealer is unable or unwilling to perform material or repetitive warranty repairs.
(7) The warrantor shall disapprove warranty claims in writing within 45 days after the date of submission by the dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within 45 days shall be construed to be approved and must be paid within 60 days.
(8) It is a violation of this chapter for any warrantor to:
(a) Fail to perform any of its warranty obligations with respect to its warranted products;
(b) Fail to include, in written notices of factory campaigns to recreational vehicle owners and dealers, the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, will be available to dealers to perform the campaign work. The warrantor may ship parts to the dealer to affect the campaign work, and, if such parts are in excess of the dealer's requirements, the dealer may return unused parts to the warrantor for credit after completion of the campaign;
(c) Fail to compensate any of its dealers for authorized repairs effected by the dealer of merchandise damaged in manufacture or transit to the dealer, if the carrier is designated by the warrantor, factory branch, distributor, or distributor branch;
(d) Fail to compensate any of its dealers for authorized warranty service in accordance with the time allowances set forth in the schedule of compensation if performed in a timely and competent manner;
(e) Intentionally misrepresent in any way to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the vehicle are made by the dealer as warrantor or cowarrantor; or
(f) Require the dealer to make warranties to customers in any manner related to the manufacture of the recreational vehicle.
(9) It is a violation of this chapter for any dealer to:
(a) Fail to perform predelivery inspection functions, as specified by the warrantor, in a competent and timely manner;
(b) Fail to perform warranty service work authorized by the warrantor in a reasonably competent and timely manner on any transient customer's vehicle of the same line-make unless the dealer determines that the customer is acting in a manner detrimental to its business;
(c) Fail to track actual time expended to perform warranty work not governed by time allowances in the schedule of compensation;
(d) Claim an agency relationship with [the] warrantor or manufacturer; or
(e) Misrepresent the terms of any warranty.
(10) Notwithstanding the terms of any manufacturer/dealer agreement, it is a violation of this chapter for:
(a) A warrantor to fail to indemnify, defend, and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer may not be denied indemnification or a defense for failing to discover, disclose, or remedy a defect in the design or manufacturing of the recreational vehicle. The dealer shall provide to the warrantor a copy of any suit in which allegations are made that come within this subsection within 10 days after receiving such suit. This subsection shall continue to apply even after the recreational vehicle is titled. Indemnification must include court costs, reasonable attorneys' fees, and expert witness fees incurred by the dealer.
(b) A dealer to fail to indemnify, defend, and hold harmless its warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any suit in which allegations are made that come within this subsection within 10 days after receiving such suit. This subsection shall continue to apply even after the recreational vehicle is titled. Indemnification must include court costs, reasonable attorneys' fees, and expert witness fees incurred by the warrantor.
[ 2024 c 87 s 5. ]
(1)(a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer/dealer agreement and:
(i) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or
(ii) Reject the vehicle within the time frame set forth in subsection (3) of this section.
(b) If the manufacturer or distributor refuses or fails to authorize repair of such damage within 10 days after receipt of notification or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle reverts to the manufacturer or distributor.
(2) The dealer shall exercise due care in custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.
(3) The time frame for inspection and rejection by the dealer must be part of the manufacturer/dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle.
[ 2024 c 87 s 6. ]
(1) A manufacturer or distributor may not coerce or attempt to coerce a dealer to:
(a) Purchase a product that the dealer did not order;
(b) Enter into an agreement with the manufacturer or distributor;
(c) Take any action that is unfair or unreasonable to the dealer;
(d) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter; or
(e) Forego exercising a right authorized by a manufacturer/dealer agreement or any law governing the manufacturer/dealer relationship.
(2) As used in this section, the term "coerce" includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer/dealer agreement without good cause or threatening to withhold product lines or delay product delivery as an inducement to amending the manufacturer/dealer agreement.
(3) The dealer bears the burden of proof regarding the prohibited acts described in this section.
[ 2024 c 87 s 7. ]
(1) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this chapter may bring a civil action in superior court to recover actual damages. The court shall award attorneys' fees and costs to the prevailing party in such action. Venue for any civil action authorized by this section must exclusively be in the county in which the dealership is located. In an action involving more than one dealer, the venue may be in any county in which a dealer who is party to the action is located.
(2) Before bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party. This subsection does not apply to a proceeding for injunctive relief.
(a) The demand for mediation shall be served upon the offending party via certified mail at the address stated within the agreement between the parties or, if the address is not contained in the agreement or the address is no longer valid, the address on the offending party's license filed with the state. In the event of a civil action between two dealers, the demand must be mailed to the address on the dealer's license filed with the state.
(b) The demand for mediation must contain a brief statement of the dispute and the relief sought by the party filing the demand.
(c) Within 20 days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place must be in this state in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.
(d) The service of a demand for mediation under this subsection stays the time for the filing of any complaint, petition, protest, or action under this chapter until representatives of both parties have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint, petition, protest, or action is filed before that meeting, the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection, enter an order suspending the proceeding or action for as long a period as the court considers appropriate. A suspension order issued under this subsection may be revoked by the court.
(e) The parties to the mediation shall bear their own costs for attorneys' fees and divide equally the cost of the mediator.
(3) In addition to the remedies provided in this section and notwithstanding the existence of any additional remedy at law, a dealer or manufacturer may apply to a superior court for the grant, upon a hearing and for cause shown, of a temporary or permanent injunction, or both, restraining any person from acting as a dealer, manufacturer, or distributor without being properly licensed pursuant to this chapter, from violating or continuing to violate any of the provisions of this chapter, or from failing or refusing to comply with the requirements of this chapter. Such injunction shall be issued without bond. A single act in violation of any of the provisions of this chapter is sufficient to authorize the issuance of an injunction.
[ 2024 c 87 s 8. ]
This state may suspend or revoke any dealer, manufacturer, or distributor license upon a finding that any such party violated any provision of this chapter. The department may impose, levy, and collect by legal process fines, in an amount not to exceed $1,000 for each violation, against any person if it finds that such person has violated any provision of this chapter. Such person is entitled to an administrative hearing or other proceeding authorized under state law to contest the action or fine levied, or about to be levied, against the person.
[ 2024 c 87 s 9. ]
The legislature finds and declares that the distribution and sale of motor vehicles in this state vitally affect the general economy of the state and the public interest and public welfare, that provision for warranty service to motor vehicles is of substantial concern to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and that the maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature further finds that there is a substantial disparity in bargaining power between automobile manufacturers and dealers, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate the relationship between motor vehicle dealers and motor vehicle manufacturers, importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but also for the protection of consumers in assuring the continued availability and servicing of automobiles sold to the public.
The legislature recognizes it is in the best interest for manufacturers and dealers of motor vehicles to conduct business with each other in a fair, efficient, and competitive manner. The legislature declares the public interest is best served by dealers being assured of the ability to manage their business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable interference and are assured of the ability to transfer ownership of their business without undue constraints. If the legislature authorizes a manufacturer to own or operate a motor vehicle dealership, the legislature intends that such authorization be applied narrowly to prevent erosion of the motor vehicle dealer franchise system and the benefits it provides to communities around the state. It is the intent of the legislature to impose a regulatory scheme and to regulate competition in the motor vehicle industry to the extent necessary to balance fairness and efficiency. These actions will protect consumers, strengthen enforcement, and permit motor vehicle dealers to better serve the public.
[ 2026 c 186 s 1; 1989 c 415 s 1. ]
In addition to the definitions contained in RCW 46.70.011, which are incorporated by reference into this chapter, the definitions set forth in this section apply only for the purposes of this chapter.
(1) "Completed vehicle" means a vehicle that requires no further manufacturing operations to perform its intended function.
(2) "Dealer management computer system" means a computer hardware and software system that is owned or leased by a new motor vehicle dealer, including the dealer's use of internet applications, software, or hardware, whether located at an existing dealership facility or provided at a remote location, that provides access to customer records and transactions by a motor vehicle dealer located in this state, and that allows the new motor vehicle dealer timely information in order to sell vehicles, parts, or services through the existing dealership facility.
(3) "Dealer management computer system vendor" means a seller or reseller of dealer management computer systems, to the extent that the seller or reseller is engaged in such activities.
(4) "Designated successor" means:
(a) The spouse, biological or adopted child, stepchild, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner's will or similar document, and if there is no such will or similar document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a new motor vehicle dealer who has been nominated by the owner of a new motor vehicle dealership as the successor in a written, notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motor vehicle dealership, the person who has been appointed by a court as the legal representative of the incapacitated owner's property.
(5) "Final-stage manufacturer" means a person who purchases an incomplete vehicle from a licensed motor vehicle dealer and performs such manufacturing operations that the incomplete vehicle becomes a completed vehicle.
(6) "Franchise" means one or more agreements, whether oral or written, between a manufacturer and a new motor vehicle dealer, under which the new motor vehicle dealer is authorized to sell, service, and repair new motor vehicles, parts, and accessories under a common name, trade name, trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and includes a dealer agreement, either expressed or implied, between a manufacturer and a new motor vehicle dealer that purports to fix the legal rights and liabilities between the parties and under which (a) the dealer is granted the right to purchase and resell motor vehicles manufactured, distributed, or imported by the manufacturer; (b) the dealer's business is associated with the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed by the manufacturer; and (c) the dealer's business relies on the manufacturer for a continued supply of motor vehicles, parts, and accessories.
(7) "Good faith" means honesty in fact and fair dealing in the trade as defined and interpreted in *RCW 62A.2-103.
(8) "Incomplete vehicle" means an assemblage consisting of, at a minimum, chassis (including the frame) structure, power train, steering system, suspension system, and braking system, in the state that those systems are to be part of the completed vehicle, but requires further manufacturing operations to become a completed vehicle.
(9) A "new motor vehicle" is a vehicle that has not been titled by a state and ownership of which may be transferred on a manufacturer's statement of origin (MSO). "New motor vehicle" does not include recreational vehicles as defined in RCW 46.95.010.
(10) "New motor vehicle dealer" means a motor vehicle dealer engaged in the business of buying, selling, exchanging, or otherwise dealing in new motor vehicles or new and used motor vehicles at an established place of business, under a franchise, sales and service agreement, or contract with the manufacturer of the new motor vehicles. However, "new motor vehicle dealer" does not include a miscellaneous vehicle dealer as defined in RCW 46.70.011(17)(c) or a motorcycle dealer as defined in **chapter 46.94 RCW.
(11) "Owner" means a person holding an ownership interest in the business entity operating as a new motor vehicle dealer and who is the designated dealer in the new motor vehicle franchise agreement.
(12) "Person" means every natural person, partnership, corporation, association, trust, estate, or any other legal entity.
(13) "Security breach" means an incident of unauthorized access to and acquisition of records or data containing new motor vehicle dealer or dealer customer information where unauthorized use of the dealer's customer or dealer information has occurred or is reasonably likely to occur or that creates a material risk of harm to the dealer or dealer's customer. Any incident of unauthorized access to and acquisition of records or data containing dealer or dealer customer information, or any incident of disclosure of dealer customer information to one or more third parties that has not been specifically authorized by the dealer or dealer's customer, constitutes a security breach.
[ 2024 c 87 s 10. Prior: 2014 c 214 s 2; 2003 c 21 s 1; 1989 c 415 s 2. ]
NOTES:
Reviser's note: *(1) RCW 62A.2-103 was amended by 2012 c 214 s 801, deleting the definition of "good faith."
**(2) Chapter 46.94 RCW was repealed by 2003 c 354 s 24. Cf. chapter 46.93 RCW.
Application—2014 c 214: See note following RCW 46.70.045.
Captions not law—2003 c 21: "Captions used in this act are not part of the law." [ 2003 c 21 s 7.]
Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.96.070 and an administrative law judge has determined, if requested in writing by the new motor vehicle dealer within the applicable time period specified in RCW 46.96.070 (1), (2), or (3), after hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith, as defined in this chapter, regarding the termination, cancellation, or nonrenewal. Between the time of issuance of the notice required under RCW 46.96.070 and the effective termination, cancellation, or nonrenewal of the franchise under this chapter, the rights, duties, and obligations of the new motor vehicle dealer and the manufacturer under the franchise and this chapter are unaffected, including those under RCW 46.96.200.
[ 2010 c 178 s 1; 1989 c 415 s 3. ]
(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for a termination, cancellation, or nonrenewal under RCW 46.96.070(2), or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the fair market value of the motor vehicle dealer's goodwill for the make or line as of the date immediately preceding any communication to the public or dealer regarding termination. To the extent the franchise agreement provides for the payment or reimbursement to the new motor vehicle dealer in excess of the value specified in this section, the provisions of the franchise agreement control.
(2) The manufacturer shall pay the new motor vehicle dealer the value specified in subsection (1) of this section within ninety days after the date of termination.
[ 2010 c 178 s 8. ]
A new motor vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question shall continue in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer, the franchise in question shall continue in full force and effect until the appeal to superior court is finally determined or until the expiration of one hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
[ 1989 c 415 s 4. ]
(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.96.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act, chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as otherwise provided in RCW 34.05.446 and 34.05.449, all hearing costs shall be borne on an equal basis by the parties to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek judicial review of the order in the superior court in the manner provided for in RCW 34.05.510 through 34.05.598. A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.
[ 1989 c 415 s 5. ]
(1) Notwithstanding the terms of a franchise or the terms of a waiver, and except as otherwise provided in RCW 46.96.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal when there is a failure by the new motor vehicle dealer to comply with a provision of the franchise that is both reasonable and of material significance to the franchise relationship, if the new motor vehicle dealer was notified of the failure within one hundred eighty days after the manufacturer first acquired knowledge of the failure and the new motor vehicle dealer did not correct the failure after being requested to do so.
If, however, the failure of the new motor vehicle dealer relates to the performance of the new motor vehicle dealer in sales, service, or level of customer satisfaction, good cause is the failure of the new motor vehicle dealer to comply with reasonable performance standards determined by the manufacturer in accordance with uniformly applied criteria, and:
(a) The new motor vehicle dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice was provided of a failure of performance under this section;
(c) The manufacturer provided the new motor vehicle dealer with specific, reasonable goals or reasonable performance standards with which the dealer must comply, together with a suggested timetable or program for attaining those goals or standards, and the new motor vehicle dealer was given a reasonable opportunity, for a period not less than one hundred eighty days, to comply with the goals or standards; and
(d) The new motor vehicle dealer did not substantially comply with the manufacturer's performance standards during that period and the failure to demonstrate substantial compliance was not due to market or economic factors within the new motor vehicle dealer's relevant market area that were beyond the control of the dealer.
(2) If the new motor vehicle dealer claims insufficient allocation, a manufacturer does not have good cause for termination, cancellation, or nonrenewal, unless:
(a) The manufacturer or distributor allocated sufficient inventory in the new motor vehicle dealer's primary allocation, both in quantity and product mix, for the dealers' assigned market area. The inventory must have been delivered in a manner that allowed the dealer to reasonably meet the manufacturer's performance standards; and
(b) The manufacturer provides to the new motor vehicle dealer, upon the dealers' request, documentation sufficient to develop a market analysis. This documentation must include, but is not limited to, the allocation of inventory to the dealer and other dealers in the same zone during the period established by the manufacturer, and must not be shared by the dealer with any party not involved in preparing a market analysis or otherwise engaged in the termination proceeding.
(3) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[ 2014 c 214 s 3; 1989 c 415 s 6. ]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle dealer. For the purposes of this chapter, the discontinuance of the sale and distribution of a new motor vehicle line, or the constructive discontinuance by material reduction in selection offered, such that continuing to retail the line is no longer economically viable for a dealer is, at the option of the dealer, considered a termination, cancellation, or nonrenewal of a franchise. The notice shall be by certified mail or personally delivered to the new motor vehicle dealer and shall state the intention to terminate, cancel, or not renew the franchise, the reasons for the termination, cancellation, or nonrenewal, and the effective date of the termination, cancellation, or nonrenewal. The notice shall be given:
(1) Not less than ninety days before the effective date of the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of the termination, cancellation, or nonrenewal with respect to any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the new motor vehicle dealer or the filing of any petition by or against the new motor vehicle dealer under bankruptcy or receivership law;
(b) Failure of the new motor vehicle dealer to conduct sales and service operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the new motor vehicle dealer;
(c) Conviction of the new motor vehicle dealer, or principal operator of the dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the new motor vehicle dealer is required to have to operate the new motor vehicle dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the effective date of termination, cancellation, or nonrenewal, where the manufacturer intends to discontinue sale and distribution of the new motor vehicle line.
[ 2010 c 178 s 2; 1989 c 415 s 7. ]
(1) Upon the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall pay the new motor vehicle dealer, at a minimum:
(a) Dealer cost plus any charges by the manufacturer for distribution, delivery, and taxes, less all allowances paid or credited to the dealer by the manufacturer, of unused, undamaged, and unsold new motor vehicles in the new motor vehicle dealer's inventory that were acquired from the manufacturer or another new motor vehicle dealer of the same line make in the ordinary course of business within the previous twelve months;
(b) Dealer cost for all unused, undamaged, and unsold supplies, parts, and accessories in original packaging, except that in the case of sheet metal, a comparable substitute for original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another new motor vehicle dealer ceasing operations as a part of the new motor vehicle dealer's initial inventory as long as the supplies, parts, and accessories appear in the manufacturer's current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned by the new motor vehicle dealer that bears a common name, trade name, or trademark of the manufacturer, if acquisition of the sign was recommended or required by the manufacturer and the sign is in good and usable condition less reasonable wear and tear, and has not been depreciated by the dealer more than fifty percent of the value of the sign;
(e) The fair market value of all equipment, furnishings, and special tools owned or leased by the new motor vehicle dealer that were acquired from the manufacturer or sources approved by the manufacturer and that were recommended or required by the manufacturer and are in good and usable condition, less reasonable wear and tear. However, if the equipment, furnishings, or tools are leased by the new motor vehicle dealer, the manufacturer shall pay the new motor vehicle dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement; and
(f) The cost of transporting, handling, packing, and loading of new motor vehicles, supplies, parts, accessories, signs, special tools, equipment, and furnishings purchased from the manufacturer or manufacturer-approved vendor.
To the extent the franchise agreement provides for payment or reimbursement to the new motor vehicle dealer in excess of that specified in this section, the provisions of the franchise agreement shall control.
(2)(a) For the nonrenewal or termination of a franchise that is implemented as a result of the sale of assets or stock of the motor vehicle dealer, the party purchasing the assets or stock of the motor vehicle dealer may negotiate for the purchase or other transfer of some or all unused, undamaged, and unsold new motor vehicles in the selling new motor vehicle dealer's inventory that were acquired from the manufacturer or another new motor vehicle dealer of the same line make in the ordinary course of business within the previous twelve months.
(b) For the nonrenewal or termination of a franchise that is implemented as a result of the sale of assets or stock of the motor vehicle dealer, this section does not prohibit a manufacturer from negotiating with the purchasing party for the purchase or other transfer of some or all unused, undamaged, and unsold new motor vehicles in the selling new motor vehicle dealer's inventory that were acquired from the manufacturer or another new motor vehicle dealer of the same line make in the ordinary course of business within the previous twelve months.
(c) A manufacturer's obligation under (a) of this subsection extends only to vehicles not purchased or otherwise transferred to the party purchasing the assets or stock of the motor vehicle dealer.
(3) The manufacturer shall pay the new motor vehicle dealer the sums specified in subsection (1) of this section (a) within ninety days after the termination, cancellation, or nonrenewal of the franchise, if the new motor vehicle dealer has clear title to the property or can provide clear title to the property upon payment by the manufacturer and is in a position to convey that title to the manufacturer, or (b) on the date of delivery of the assets to the manufacturer, whichever is earlier.
(4) In the case of motor homes, this section applies only to manufacturer-initiated termination, cancellation, or nonrenewal of a franchise.
[ 2014 c 214 s 4; 2009 c 12 s 1; 1989 c 415 s 8. ]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
Effective date—2009 c 12: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2009]." [ 2009 c 12 s 2.]
(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2) or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the dealer costs for any relocation, substantial alteration, or remodeling of a dealer's facilities required by a manufacturer for the granting of a franchise or the continuance or renewal of a franchise agreement completed within three years of the termination, cancellation, or nonrenewal and:
(a) A sum equivalent to rent for the unexpired term of the lease or one year, whichever is less, or such longer term as provided in the franchise, if the new motor vehicle dealer is leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or
(b) A sum equivalent to the reasonable rental value of the new motor vehicle dealership facilities for one year or until the facilities are leased or sold, whichever is less, if the new motor vehicle dealer owns the new motor vehicle dealership facilities.
(2) The rental payment required under subsection (1) of this section is only required to the extent that the facilities were used for activities under the franchise and only to the extent the facilities were not leased for unrelated purposes. If the rental payment under subsection (1) of this section is made, the manufacturer is entitled to possession and use of the new motor vehicle dealership facilities for the period rent is paid.
[ 2014 c 214 s 5; 2010 c 178 s 3; 1989 c 415 s 9. ]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
(1) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs at rates no lower than those set in accordance with RCW 46.96.105. If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell new vehicles of the same line make within fifteen days of the manufacturer issuing the initial notice of recall, and the manufacturer has issued a stop-sale, do-not-drive order, or the manufacturer has not certified that the issue identified in the notice of recall does not affect the safe operation of the vehicle, commencing on the fifteenth day after the notice or order was issued and ending on the earlier of the date that the remedy or repair parts necessary to resolve the recall, stop-sale, or do-not-drive order are available to the dealer for vehicles in the dealer's inventory or the dealer sells, trades, or otherwise disposes of the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least 1.75 percent of the average trade-in value as indicated in an independent third-party guide for the year, make, model, and mileage of the recalled vehicle, per month, or portion of a month, while the recall or remedy parts are unavailable and the order remains in effect. A manufacturer is not required to compensate a motor vehicle dealer for more than the total trade-in value of the vehicle as established under this section. A manufacturer is not required to compensate a motor vehicle dealer for vehicles purchased by the dealer at a wholesale auction after the date the order was issued. A stop-sale or do-not-drive order is defined as a notification issued by a vehicle manufacturer to its franchised dealers stating that certain used vehicles in inventory should not be sold or leased, at retail or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal or California emissions recall.
(2) This section applies only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a stop-sale, do-not-drive order has been issued, or the manufacturer has not certified that the issue identified in the notice of recall does not affect the safe operation of the vehicle. This section further applies only to new motor vehicle dealers holding used vehicles for sale that are a line make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs.
(3) All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a stop-sale, do-not-drive, or the manufacturer has not certified that the issue identified in the notice of recall does not affect the safe operation of the vehicle, is subject to the same limitations and requirements as a warranty reimbursement claim made under RCW 46.96.105. Claims shall be either approved or disapproved within thirty days after they are submitted to the manufacturer in the manner and on the forms the manufacturer reasonably prescribes. A manufacturer shall pay a claim within thirty days following approval. Any claim not specifically disapproved in writing within thirty days following receipt is approved.
(4) A manufacturer may compensate its franchised dealers under a national recall compensation program provided the compensation under the program is equal to or greater than that provided in subsection (1) of this section.
(5) A manufacturer may not otherwise recover all or any portion of its costs for compensating its dealers licensed in this state for recalled vehicles, parts, and service either by reduction in the amount due to the dealer or by separate charge, surcharge, or other imposition.
(6) Any remedy provided to a new motor vehicle dealer under this section is exclusive and may not be combined with any other state or federal recall compensation remedy.
[ 2018 c 296 s 1. ]
RCW 46.96.030 through 46.96.090 do not relieve a new motor vehicle dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.
[ 1989 c 415 s 10. ]
(1) Each manufacturer shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state, the dealer's obligation to perform warranty work or service on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be paid to the dealer for any warranty work or service, including parts, labor, and diagnostic work, required of the dealer by the manufacturer in connection with the manufacturer's products. The schedule of compensation must not be less than the rates charged by the dealer for similar service to retail customers for nonwarranty service and repairs, and must not be less than the schedule of compensation for an existing dealer as of June 10, 2010.
(a) The rates charged by the dealer for nonwarranty service or work for parts means the price paid by the dealer for those parts, including all shipping and other charges, increased by the franchisee's average percentage markup. A dealer must establish and declare the dealer's average percentage markup by submitting to the manufacturer one hundred sequential customer-paid service repair orders or ninety days of customer-paid service repair orders, whichever is less, covering repairs made no more than one hundred eighty days before the submission. A change in a dealer's established average percentage markup takes effect thirty days following the submission. A manufacturer may not require a dealer to establish average percentage markup by another methodology. A manufacturer may not require information that the dealer believes is unduly burdensome or time-consuming to provide, including, but not limited to, part-by-part or transaction-by-transaction calculations. In calculating the retail rate customarily charged by the dealer for parts and labor, the following work must not be included in the calculation:
(i) Repairs for manufacturer or distributor special events, specials, or promotional discounts for retail customer repairs;
(ii) Parts sold at wholesale or at reduced or specially negotiated rates for insurance repairs;
(iii) Routine maintenance not covered under warranty, such as fluids, filters, and belts not provided in the course of repairs;
(iv) Nuts, bolts, fasteners, and similar items that do not have an individual part number;
(v) Tires;
(vi) Batteries and light bulbs; and
(vii) Vehicle reconditioning.
(b) A manufacturer shall compensate a dealer for labor and diagnostic work at the rates charged by the dealer to its retail customers for such work and for any documentation work required by the manufacturer to authorize or verify the work including, but not limited to, photographs, paperwork, and electronic data entry. However, a manufacturer is not required to compensate a dealer more than once for the same documentation work. If a manufacturer can demonstrate that the rates unreasonably exceed those of all other franchised motor vehicle dealers in the same relevant market area offering the same or a competitive motor vehicle line, the manufacturer is not required to honor the rate increase proposed by the dealer. If the manufacturer is not required to honor the rate increase proposed by the dealer, the dealer is entitled to resubmit a new proposed rate for labor and diagnostic work.
(c) A dealer may not be granted an increase in the average percentage markup or labor and diagnostic work rate more than once in one calendar year.
(2) All claims for warranty work for parts and labor made by dealers under this section must be submitted to the manufacturer within ninety days of the date the work was performed. All claims submitted must be paid by the manufacturer within thirty days following receipt, provided the claim has been approved by the manufacturer. The manufacturer has the right to audit claims for warranty work and to charge the dealer for any unsubstantiated, incorrect, or false claims for a period of nine months following payment. However, the manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in the manner specified by the manufacturer shall be either approved or disapproved within thirty days following their receipt. The manufacturer shall notify the dealer in writing of any disapproved claim, and shall set forth the reasons why the claim was not approved. Any claim not specifically disapproved in writing within thirty days following receipt is approved, and the manufacturer is required to pay that claim within thirty days of receipt of the claim.
(4) A manufacturer may not otherwise recover all or any portion of its costs for compensating its dealers licensed in this state for warranty parts and service either by reduction in the amount due to the dealer or by separate charge, surcharge, or other imposition.
[ 2014 c 214 s 6; 2010 c 178 s 4; 2003 c 21 s 2; 1998 c 298 s 1. ]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
Captions not law—2003 c 21: See note following RCW 46.96.020.
Severability—1998 c 298: See note following RCW 19.118.021.
(1) Notwithstanding the terms of a franchise, (a) an owner may appoint a designated successor to succeed to the ownership of the new motor vehicle dealer franchise upon the owner's death or incapacity, or (b) if an owner who has owned the franchise for not less than five consecutive years, the owner may appoint a designated successor to be effective on a date of the owner's choosing that is prior to the owner's death or disability.
(2) Notwithstanding the terms of a franchise, a designated successor described under subsection (1) of this section may succeed to the ownership interest of the owner under the existing franchise, if:
(a) In the case of a designated successor who meets the definition of a designated successor under *RCW 46.96.020(5)(a), but who is not experienced in the business of a new motor vehicle dealer, the person will employ an individual who is qualified and experienced in the business of a new motor vehicle dealer to help manage the day-to-day operations of the motor vehicle dealership; or in the case of a designated successor who meets the definition of a designated successor under *RCW 46.96.020(5) (b) or (c), the person is qualified and experienced in the business of a new motor vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a new motor vehicle dealer by the manufacturer; and
(b) The designated successor furnishes written notice to the manufacturer of his or her intention to succeed to the ownership of the new motor vehicle dealership within sixty days after the owner's death or incapacity, or if the appointment is under subsection (1)(b) of this section, at least thirty days before the designated successor's proposed succession; and
(c) The designated successor agrees to be bound by all terms and conditions of the franchise.
(3) The manufacturer may request, and the designated successor shall promptly provide, such personal and financial information as is reasonably necessary to determine whether the succession should be honored.
(4) A manufacturer may refuse to honor the succession to the ownership of a new motor vehicle dealer franchise by a designated successor if the manufacturer establishes that good cause exists for its refusal to honor the succession. If the designated successor of a new motor vehicle dealer franchise fails to meet the requirements set forth in subsections (2)(a), (b), and (c) of this section, good cause for refusing to honor the succession is presumed to exist. If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer franchise by a designated successor, the manufacturer shall serve written notice on the designated successor and on the department of its refusal to honor the succession no earlier than sixty days from the date the notice is served. The notice must be served not later than sixty days after the manufacturer's receipt of:
(a) Notice of the designated successor's intent to succeed to the ownership interest of the new motor vehicle dealer's franchise; or
(b) Any personal or financial information requested by the manufacturer.
(5) The notice in subsection (4) of this section shall state the specific grounds for the refusal to honor the succession. If the notice of refusal is not timely and properly served, the designated successor may continue the franchise in full force and effect, subject to termination only as otherwise provided under this chapter.
(6) Within twenty days after receipt of the notice or within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition shall contain a short statement setting forth the reasons for the designated successor's protest. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer shall not terminate or otherwise discontinue the existing franchise until the administrative law judge has held a hearing and has determined that there is good cause for refusing to honor the succession. If an appeal is taken, the manufacturer shall not terminate or discontinue the franchise until the appeal to superior court is finally determined or until the expiration of one hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a protest is filed.
(9) The administrative law judge shall conduct any hearing concerning the refusal to the succession as provided in RCW 46.96.050(2) and all hearing costs shall be borne as provided in that subsection. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.96.050(3).
(10) This section does not preclude the owner of a new motor vehicle dealer franchise from designating any person as his or her successor by a written, notarized, and witnessed instrument filed with the manufacturer. In the event of a conflict between such a written instrument that has not been revoked by written notice from the owner to the manufacturer and this section, the written instrument governs.
[ 2010 c 178 s 5; 1989 c 415 s 11. ]
NOTES:
*Reviser's note: RCW 46.96.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (5) to subsection (4).
(1) For the purposes of this section, and throughout this chapter, the term "relevant market area" is defined as follows:
(a) If the population in the county in which the proposed new or relocated dealership is to be located is four hundred thousand or more, the relevant market area is the geographic area within a radius of eight miles around the proposed site;
(b) If the population in the county in which the proposed new or relocated dealership is to be located is two hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a radius of twelve miles around the proposed site;
(c) If the population in the county in which the proposed new or relocated dealership is to be located is less than two hundred thousand, the relevant market area is the geographic area within a radius of sixteen miles around the proposed site.
In determining population for this definition, the most recent census by the United States Bureau of Census or the most recent population update, either from the National Planning Data Corporation or other similar recognized source, shall be accumulated for all census tracts either wholly or partially within the relevant market area.
(2) For the purpose of RCW 46.96.140 through 46.96.180, the term "motor vehicle dealer" does not include dealerships who exclusively market vehicles 19,000 pounds gross vehicle weight and above.
(3) Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional new motor vehicle dealer or to relocate an existing new motor vehicle dealer within or into a relevant market area in which the same line make of motor vehicle is then represented, the manufacturer shall provide at least sixty days advance written notice to the department and to each new motor vehicle dealer of the same line make in the relevant market area, of the manufacturer's intention to establish an additional new motor vehicle dealer or to relocate an existing new motor vehicle dealer within or into the relevant market area. The notice shall be sent by certified mail to each such party and shall include the following information:
(a) The specific location at which the additional or relocated motor vehicle dealer will be established;
(b) The date on or after which the additional or relocated motor vehicle dealer intends to commence business at the proposed location;
(c) The identity of all motor vehicle dealers who are franchised to sell the same line make vehicles as the proposed dealer and who have licensed locations within the relevant market area;
(d) The names and addresses, if available, of the owners of and principal investors in the proposed additional or relocated motor vehicle dealership; and
(e) The specific grounds or reasons for the proposed establishment of an additional motor vehicle dealer or relocation of an existing dealer.
[ 1994 c 274 s 1. ]
(1) Within thirty days after receipt of the notice under RCW 46.96.140, or within thirty days after the end of an appeal procedure provided by the manufacturer, whichever is greater, a new motor vehicle dealer so notified or entitled to notice may file a petition with the department protesting the proposed establishment or relocation. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the proposed establishment or relocation. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer shall not establish or relocate the new motor vehicle dealer until the administrative law judge has held a hearing and has determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the same dealer, the administrative law judge shall consolidate the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement or by written statement distributed and provided to its dealers for arbitration under the Uniform Arbitration Act, chapter 7.04A RCW, as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the provisions of this section and RCW 46.96.170 relating to hearings by an administrative law judge do not apply, and a dispute regarding the establishment of an additional new motor vehicle dealer or the relocation of an existing new motor vehicle dealer shall be determined in an arbitration proceeding conducted in accordance with the Uniform Arbitration Act, chapter 7.04A RCW. The thirty-day period for filing a protest under this section still applies except that the protesting dealer shall file his or her protest with the manufacturer within thirty days after receipt of the notice under RCW 46.96.140.
(3) The dispute shall be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute. If the parties cannot agree upon a single arbitrator within thirty days from the date the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two arbitrators will then select a third. If a third arbitrator is not agreed upon within thirty days, any party may apply to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him or her, and the manufacturer will pay the arbitrator it selected. The expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written statement of the manufacturer and notwithstanding the terms of a waiver, the arbitration will take place in the state of Washington in the county where the protesting dealer has his or her principal place of business. RCW 46.96.160 applies to a determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer shall not establish or relocate the new motor vehicle dealer until the arbitration hearing has been held and the arbitrator or arbitrators have determined that there is good cause for permitting the proposed establishment or relocation. The written decision of the arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act. Any party may appeal the decision of the arbitrator under the Uniform Arbitration Act, chapter 7.04A RCW.
(5) If the franchise agreement or the manufacturer's written statement distributed and provided to its dealers does not provide for arbitration under the Uniform Arbitration Act as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the hearing provisions of this section and RCW 46.96.170 apply. Nothing in this section is intended to preclude a new motor vehicle dealer from electing to use any other dispute resolution mechanism offered by a manufacturer.
[ 2010 c 8 s 9102; 2005 c 433 s 43; 1994 c 274 s 2. ]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
In determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle dealer of the same line make, the administrative law judge shall take into consideration the existing circumstances, including, but not limited to:
(1) The extent, nature, and permanency of the investment of both the existing motor vehicle dealers of the same line make in the relevant market area and the proposed additional or relocating new motor vehicle dealer, including obligations reasonably incurred by the existing dealers to perform their obligations under their respective franchises;
(2) The growth or decline in population and new motor vehicle registrations during the past five years in the relevant market area;
(3) The effect on the consuming public in the relevant market area;
(4) The effect on the existing new motor vehicle dealers in the relevant market area, including any adverse financial impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional new motor vehicle dealer to be established;
(7) Whether the new motor vehicle dealers of the same line make in the relevant market area are providing adequate competition and convenient customer care for the motor vehicles of the same line make in the relevant market area, including the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel;
(8) Whether the establishment of an additional new motor vehicle dealer would increase competition and be in the public interest;
(9) Whether the manufacturer is motivated principally by good faith to establish an additional or new motor vehicle dealer and not by noneconomic considerations;
(10) Whether the manufacturer has denied its existing new motor vehicle dealers of the same line make the opportunity for reasonable growth, market expansion, establishment of a subagency, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the requirements of RCW 46.96.140 and 46.96.150.
In considering the factors set forth in this section, the administrative law judge shall give the factors equal weight, and in making a determination as to whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle dealer of the same line make, the administrative law judge must find that at least nine of the factors set forth in this section weigh in favor of the manufacturer and in favor of the proposed establishment or relocation of a new motor vehicle dealer.
[ 1994 c 274 s 3. ]
(1) The manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs shall be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. If more than one protest is filed, the one hundred twenty days commences to run from the date the last protest is filed. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.96.050(3).
[ 1994 c 274 s 4. ]
RCW 46.96.140 through 46.96.170 do not apply:
(1) To the sale or transfer of the ownership or assets of an existing new motor vehicle dealer where the transferee proposes to engage in business representing the same line make at the same location or within two miles of that location;
(2) To the relocation of an existing new motor vehicle dealer within the dealer's relevant market area, if the relocation is not at a site within eight miles of any new motor vehicle dealer of the same line make;
(3) If the proposed new motor vehicle dealer is to be established at or within two miles of a location at which a former new motor vehicle dealer of the same line make had ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less from the existing location of the relocating new motor vehicle dealer; or
(5) Where the proposed relocation is to be further away from all other existing new motor vehicle dealers of the same line make in the relevant market area.
[ 1994 c 274 s 5. ]
(1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, shall not:
(a) Discriminate between new motor vehicle dealers by selling or offering to sell a like vehicle to one dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped;
(b) Discriminate between new motor vehicle dealers by selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer;
(c) Discriminate between new motor vehicle dealers by using a promotion plan, marketing plan, or other similar device that results in a lower actual price on vehicles, parts, or accessories being charged to one dealer over another dealer;
(d) Discriminate between new motor vehicle dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motor vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a dealer, a manufacturer, distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles;
(e) Discriminate against a new motor vehicle dealer by preventing, offsetting, or otherwise impairing the dealer's right to request a documentary service fee on affinity or similar program purchases. This prohibition applies to, but is not limited to, any promotion plan, marketing plan, manufacturer or dealer employee or employee friends or family purchase programs, or similar plans or programs;
(f) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motor vehicles sold or distributed by the manufacturer, distributor, factory branch, or factory representative, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles;
(g) Compete with a new motor vehicle dealer of any make or line by acting in the capacity of a new motor vehicle dealer, or by owning, operating, or controlling, whether directly or indirectly, a motor vehicle dealership in this state. It is not, however, a violation of this subsection for:
(i) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership for a temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the dealership was previously owned by a franchised dealer and is currently for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for one 12-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(g)(i). The temporary operator has the burden of proof to show justification for the extension and a good faith effort to sell the dealership to an independent person at a fair and reasonable price;
(ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, and where the independent person: (A) Has made, or within a period of two years from the date of commencement of operation will have made, a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. Nothing in this subsection (1)(g)(ii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with (a) through (f) of this subsection;
(iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made, or within a period of two years from the date of commencement of operation will have made, a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(g)(iii) may not exceed four percent rounded up to the nearest whole number of a manufacturer's total of new motor vehicle dealer franchises in this state. Nothing in this subsection (1)(g)(iii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with (a) through (f) of this subsection;
(iv) A truck manufacturer to own, operate, or control a new motor vehicle dealership that sells only trucks of that manufacturer's line make with a gross vehicle weight rating of 12,500 pounds or more, and the truck manufacturer has been continuously engaged in the retail sale of the trucks at least since January 1, 1993;
(v) A manufacturer to own, operate, or control a new motor vehicle dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of 45 percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership, the distance between any dealership thus owned, operated, or controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than 15 miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer's franchise agreements confer rights on the dealer of that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and the manufacturer agree are appropriate, and (D) as of January 1, 2000, the manufacturer had no more than four new motor vehicle dealers of that manufacturer's line make in this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the manufacturer;
(vi) A final-stage manufacturer to own, operate, or control a new motor vehicle dealership; or
(vii) A manufacturer that is incorporated in the United States, has never entered into a franchise agreement with a motor vehicle dealer, has operated at least one service facility in this state as of January 1, 2026, and exclusively produces battery electric vehicles of which at least 300 were registered in Washington state before January 1, 2026, to own, operate, or control a new motor vehicle dealership that sells new vehicles that are only of that manufacturer's makes or lines and that are not sold new by a licensed independent franchise dealer, or to own, operate, or control or contract with companies that provide finance, leasing, or service for vehicles that are of that manufacturer's makes or lines, so long as the manufacturer does not, after June 11, 2026, distribute vehicles on behalf of a manufacturer prohibited by law from acting in the capacity of a motor vehicle dealer, or become subject to the majority ownership or control of a manufacturer prohibited by law from acting in the capacity of a motor vehicle dealer. Regardless of ownership interest, a manufacturer prohibited by law from acting in the capacity of a motor vehicle dealer shall not use its ownership interest in a manufacturer exempted under this subsection (1)(g)(vii) to violate any provisions under (g) of this subsection. Private parties may initiate an action pursuant to RCW 46.96.260 to obtain relief and enjoin violations of this subsection (1)(g)(vii). For purposes of this subsection (1)(g)(vii):
(A) "Battery electric vehicle" means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation, so long as none of these components rely on power generated by fossil fuels or hydrogen;
(B) "Manufacturer prohibited by law from acting in the capacity of a motor vehicle dealer" includes the manufacturer as well as its distributor, factory branch, factory representative, agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control thereof;
(h) Compete with a new motor vehicle dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of motor vehicles under the manufacturer's new car warranty and extended warranty. Nothing in this subsection (1)(h), however, prohibits a manufacturer, distributor, factory branch, or factory representative from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on motor vehicles that are owned by the manufacturer, distributor, factory branch, or factory representative;
(i) Use confidential or proprietary information obtained from a new motor vehicle dealer to unfairly compete with the dealer. For purposes of this subsection (1)(i), "confidential or proprietary information" means trade secrets as defined in RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other financial information;
(j)(i) Terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer based upon any of the following events, which do not constitute good cause for termination, cancellation, or nonrenewal under RCW 46.96.060: (A) The fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or line of new motor vehicles; (B) the fact that the new motor vehicle dealer has established another make or line of new motor vehicles or service in the same dealership facilities as those of the manufacturer or distributor; (C) that the new motor vehicle dealer has or intends to relocate the manufacturer or distributor's make or line of new motor vehicles or service to an existing dealership facility that is within the relevant market area, as defined in RCW 46.96.140, of the make or line to be relocated, except that, in any nonemergency circumstance, the dealer must give the manufacturer or distributor at least 60 days' notice of his or her intent to relocate and the relocation must comply with RCW 46.96.140 and 46.96.150 for any same make or line facility; or (D) the failure of a franchisee to change the location of the dealership or to make substantial alterations to the use or number of franchises on the dealership premises or facilities.
(ii) Notwithstanding the limitations of this section, a manufacturer may, for separate consideration, enter into a written contract with a dealer to exclusively sell and service a single make or line of new motor vehicles at a specific facility for a defined period of time. The penalty for breach of the contract must not exceed the amount of consideration paid by the manufacturer plus a reasonable rate of interest;
(k) Coerce or attempt to coerce a motor vehicle dealer to refrain from, or prohibit or attempt to prohibit a new motor vehicle dealer from acquiring, owning, having an investment in, participating in the management of, or holding a franchise agreement for the sale or service of another make or line of new motor vehicles or related products, or establishing another make or line of new motor vehicles or service in the same dealership facilities, if the prohibition against acquiring, owning, investing, managing, or holding a franchise for such additional make or line of vehicles or products, or establishing another make or line of new motor vehicles or service in the same dealership facilities, is not supported by reasonable business considerations. The burden of proving that reasonable business considerations support or justify the prohibition against the additional make or line of new motor vehicles or products or nonexclusive facilities is on the manufacturer;
(l) Require, by contract or otherwise, a new motor vehicle dealer to make a material alteration, expansion, or addition to any dealership facility, unless the required alteration, expansion, or addition is uniformly required of other similarly situated new motor vehicle dealers of the same make or line of vehicles and is reasonable in light of all existing circumstances, including economic conditions. In any proceeding in which a required facility alteration, expansion, or addition is an issue, the manufacturer or distributor has the burden of proof. Except for a program or any renewal or modification of a program that is in effect with one or more new motor vehicle dealers in this state on June 12, 2014, a manufacturer shall not require, coerce, or attempt to coerce any new motor vehicle dealer by program, policy, standard, or otherwise to change the location of the dealership or construct, replace, renovate, or make any substantial changes, alterations, or remodeling to a new motor vehicle dealer's sales or service facilities, except as necessary to comply with health or safety laws or to comply with technology requirements without which a dealer would be unable to service a vehicle the dealer has elected to sell, before the 10th anniversary of the date of issuance of the certificate of occupancy or the manufacturer's approval, whichever is later, from:
(i) The date construction of the dealership at that location was completed if the construction was in substantial compliance with standards or plans provided by a manufacturer, distributor, or representative or through a subsidiary or agent of the manufacturer, distributor, or representative; or
(ii) The date a prior change, alteration, or remodel of the dealership at that location was completed if the construction was in substantial compliance with standards or plans provided by a manufacturer, distributor, or representative or through a subsidiary or agent of the manufacturer, distributor, or representative;
(m) Prevent or attempt to prevent by contract or otherwise any new motor vehicle dealer from changing the executive management of a new motor vehicle dealer unless the manufacturer or distributor, having the burden of proof, can show that a proposed change of executive management will result in executive management by a person or persons who are not of good moral character or who do not meet reasonable, preexisting, and equitably applied standards of the manufacturer or distributor. If a manufacturer or distributor rejects a proposed change in the executive management, the manufacturer or distributor shall give written notice of its reasons to the dealer within 60 days after receiving written notice from the dealer of the proposed change and all related information reasonably requested by the manufacturer or distributor, or the change in executive management must be considered approved;
(n) Condition the sale, transfer, relocation, or renewal of a franchise agreement or condition manufacturer, distributor, factory branch, or factory representative sales, services, or parts incentives upon the manufacturer obtaining site control, including rights to purchase or lease the dealer's facility, or an agreement to make improvements or substantial renovations to a facility. For purposes of this section, a substantial renovation has a gross cost to the dealer in excess of $5,000;
(o) Fail to provide to a new motor vehicle dealer purchasing or leasing building materials or other facility improvements the right to purchase or lease franchisor image elements of like kind and quality from an alternative vendor selected by the dealer if the goods or services are to be supplied by a vendor selected, identified, or designated by the manufacturer or distributor. If the vendor selected by the manufacturer or distributor is the only available vendor of like kind and quality materials, the new motor vehicle dealer must be given the opportunity to purchase the franchisor image elements at a price substantially similar to the capitalized lease costs of the elements. This subsection (1)(o) must not be construed to allow a new motor vehicle dealer or vendor to gain additional intellectual property rights they are not otherwise entitled to or to impair or eliminate the intellectual property rights of the manufacturer or distributor or to permit a new motor vehicle dealer to erect or maintain signs that do not conform to the reasonable intellectual property usage guidelines of the manufacturer or distributor;
(p) Take any adverse action against a new motor vehicle dealer including, but not limited to, charge backs or reducing vehicle allocations, for sales and service performance within a designated area of primary responsibility unless that area is reasonable in light of proximity to relevant census tracts to the dealership and competing dealerships, highways and road networks, any natural or man-made barriers, demographics, including economic factors, buyer behavior information, and contains only areas inside the state of Washington unless specifically approved by the new motor vehicle dealer;
(q) Require, coerce, or attempt to coerce any new motor vehicle dealer by program, policy, facility guide, standard, or otherwise to order or accept delivery of any service or repair appliances, equipment, parts, or accessories, or any other commodity not required by law, which the dealer has not voluntarily ordered or which the dealer does not have the right to return unused for a full refund within 90 days or a longer period as mutually agreed upon by the dealer and manufacturer; or
(r) Modify the franchise agreement for any new motor vehicle dealer unless the manufacturer notifies the dealer in writing of its intention to modify the agreement at least 90 days before the effective date thereof, stating the specific grounds for the modification, and undertakes the modification in good faith, for good cause, and in a manner that would not adversely and substantially alter the rights, obligations, investment, or return on investment of the franchised new motor vehicle dealer under the existing agreement.
(2) Subsection (1)(a), (b), and (c) of this section do not apply to sales to a motor vehicle dealer: (a) For resale to a federal, state, or local government agency; (b) where the vehicles will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount program; or (e) where the sale is made under a manufacturer's bona fide fleet vehicle discount program. For purposes of this subsection, "fleet" means a group of 15 or more new motor vehicles purchased or leased by a dealer at one time under a single purchase or lease agreement for use as part of a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to the dealer or the ultimate purchaser of the vehicle.
(b) "Control" or "controlling" means (i) the possession of, title to, or control of 10 percent or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary, or (ii) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise, except as expressly provided under the franchise agreement.
(c) "Motor vehicles" does not include trucks that are 14,001 pounds gross vehicle weight and above or recreational vehicles as defined in RCW 43.22.335.
(d) "Operate" means to manage a dealership, whether directly or indirectly.
(e) "Own" or "ownership" means to hold the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.
(4) A violation of this section is deemed to affect the public interest and constitutes an unlawful and unfair practice under chapter 19.86 RCW. A person aggrieved by an alleged violation of this section may petition the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW.
[ 2026 c 186 s 2; 2018 c 296 s 2; 2014 c 214 s 7; 2010 c 178 s 6; 2003 c 21 s 3; 2000 c 203 s 1. ]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
Captions not law—2003 c 21: See note following RCW 46.96.020.
A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to waive, limit, or disclaim a right that the dealer may have to protest the establishment or relocation of another motor vehicle dealer in the relevant market area as provided in RCW 46.96.150.
[ 1994 c 274 s 6. ]
A manufacturer may not take or threaten to take any adverse action against a new motor vehicle dealer, including charge backs, reducing vehicle allocations, or terminating or threatening to terminate a franchise, because the dealer sold or leased a vehicle to a customer who exported the vehicle to a foreign country or who resold the vehicle, unless the manufacturer or distributor definitively proves that the dealer knew or reasonably should have known that the customer intended to export or resell the vehicle. A manufacturer or distributor shall, upon demand, indemnify, hold harmless, and defend any existing or former franchisee or franchisee's successors or assigns from any and all claims asserted, or damages sustained and attorneys' fees and other expenses reasonably incurred by the franchisee that result from or relate to any claim made or asserted, by a third party against the franchisee for any policy, program, or other behavior suggested by the manufacturer for sales of vehicles to parties that intend to export a vehicle purchased from the franchisee.
[ 2010 c 178 s 10. ]
A manufacturer or distributor shall not enter into an agreement or understanding with a new motor vehicle dealer that requires the dealer to waive any provisions of this chapter. However, a dealer may, by written contract and for valuable and reasonable separate consideration, waive, limit, or disclaim a manufacturer's obligations or a dealer's rights under RCW 46.96.080, 46.96.090, 46.96.105, 46.96.140, and 46.96.150, if the contract sets forth the specific provisions of this chapter that are waived, limited, or disclaimed. A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to enter into such an agreement or understanding.
[ 2010 c 178 s 12. ]
(1) Notwithstanding the terms of a franchise agreement, a brand owner shall not directly or indirectly:
(a) Require a new motor vehicle dealer to offer a secondary product;
(b) Require a new motor vehicle dealer to provide a customer with a disclosure not otherwise required by law; or
(c) Prohibit a new motor vehicle dealer from offering a secondary product including, but not limited to:
(i) Service contracts;
(ii) Maintenance agreements;
(iii) Extended warranties;
(iv) Protection product guarantees;
(v) Guaranteed asset protection waivers;
(vi) Insurance;
(vii) Replacement parts;
(viii) Vehicle accessories;
(ix) Oil; or
(x) Supplies.
(2) It is not a violation of this section for a brand owner to offer an incentive program to new motor vehicle dealers to encourage them to sell or offer to sell a secondary product approved, endorsed, sponsored, or offered by the brand owner, provided the program does not provide vehicle sales or service incentives.
(3) It is not a violation of this section for a brand owner to prohibit a new motor vehicle dealer from using secondary products for any repair work paid for by the brand owner under the terms of a warranty, recall, service contract, extended warranty, maintenance plan, or certified preowned vehicle program established or offered by the brand owner.
(4) For the purposes of this section:
(a) "Brand owner" means a manufacturer, distributor, factory branch, factory representative, agent, officer, parent company, wholly or partially owned subsidiary, affiliate entity, or other person under common control with a factory, importer, or distributor.
(b) "Common control" has the same meaning as in RCW 48.31B.005.
(c) "Customer" means the retail purchaser of a vehicle or secondary product from a new motor vehicle dealer.
(d) "Original equipment manufacturer parts" means parts manufactured by or for a vehicle's original manufacturer or its designee.
(e) "Secondary product" means all products that are not new motor vehicles or original equipment manufacturer parts.
[ 2020 c 174 s 1. ]
(1) Notwithstanding the terms of a franchise, a manufacturer shall not withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer who meets the normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a new dealer who does not already hold a franchise with the manufacturer or is capable of being licensed as a new motor vehicle dealer in the state of Washington. A decision or determination made by the administrative law judge as to whether a qualified buyer is capable of being licensed as a new motor vehicle dealer in the state of Washington is not conclusive or determinative of any ultimate determination made by the department of licensing as to the buyer's qualification for a motor vehicle dealer license. A manufacturer's failure to respond in writing to a request for consent under this subsection within sixty days after receipt of a written request on the forms, if any, generally used by the manufacturer containing the information and reasonable promises required by a manufacturer is deemed to be consent to the request. A manufacturer may request, and, if so requested, the applicant for a franchise (a) shall promptly provide such personal and financial information as is reasonably necessary to determine whether the sale, transfer, or exchange should be approved, and (b) shall agree to be bound by all reasonable terms and conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve written notice on the applicant, the transferring, selling, or exchanging new motor vehicle dealer, and the department of its refusal to approve the transfer of the franchise no later than sixty days after the date the manufacturer receives the written request from the new motor vehicle dealer. If the manufacturer has requested personal or financial information from the applicant under subsection (1) of this section, the notice shall be served not later than sixty days after the receipt of all of such documents. Service of all notices under this section shall be made by personal service or by certified mail, return receipt requested.
(3) The notice in subsection (2) of this section shall state the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of refusal to approve the sale, transfer, or exchange of the franchise by the transferring new motor vehicle dealer, the new motor vehicle dealer may file a petition with the department to protest the refusal to approve the sale, transfer, or exchange. The petition shall contain a short statement setting forth the reasons for the dealer's protest. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed, and the department shall arrange for a hearing with an administrative law judge as the presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of the franchise.
(5) The administrative law judge shall conduct a hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging new motor vehicle dealer and the manufacturer may be parties to the hearing.
(6) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs shall be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging new motor vehicle dealer may appeal the final order of the administrative law judge as provided in RCW 46.96.050(3).
(7) This section and RCW 46.96.030 through 46.96.110 apply to all franchises and contracts existing on July 23, 1989, between manufacturers and new motor vehicle dealers as well as to all future franchises and contracts between manufacturers and new motor vehicle dealers.
(8) RCW 46.96.140 through 46.96.190 apply to all franchises and contracts existing on October 1, 1994, between manufacturers and new motor vehicle dealers as well as to all future franchises and contracts between manufacturers and new motor vehicle dealers.
[ 2010 c 178 s 7; 1994 c 274 s 7; 1989 c 415 s 18. Formerly RCW 46.96.120. ]
The department shall determine and establish the amount of the filing fee required in RCW 46.96.040, 46.96.110, 46.96.150, and 46.96.200. The fees shall be set in accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department deems proper but not in any event to exceed one thousand dollars, for the payment of such costs as may be incurred in conducting the hearing as required under this chapter. The security may be given in the form of a bond or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall assess, in equal shares, each of the parties to the hearing for the cost of conducting the hearing. Upon receipt of payment of the costs, the department shall refund and return to the petitioning party such excess funds, if any, initially posted by the party as security for the hearing costs. If the petitioning party provided security in the form of a bond or other undertaking with one or more sureties, the bond or other undertaking shall then be exonerated and the surety or sureties under it discharged.
[ 1994 c 274 s 8; 1989 c 415 s 19. Formerly RCW 46.96.130. ]
(1) In the event of a proposed sale or transfer of a new motor vehicle dealership involving the transfer or sale of more than fifty percent of the ownership interest in, or more than fifty percent of the assets of, the dealership at the time of the transfer or sale, where the franchise agreement for the dealership contains a right of first refusal in favor of the manufacturer or distributor, then notwithstanding the terms of the franchise agreement, the manufacturer or distributor must be permitted to exercise a right of first refusal to acquire the dealership only if all of the following requirements are met:
(a) The manufacturer or distributor sends by certified mail, return receipt requested, or delivers by personal service, notice of its intent to exercise its right of first refusal within the lesser of (i) forty-five days of receipt of the completed proposal for the proposed sale or transfer, or (ii) the time period specified in the dealership's franchise agreement; and
(b) The exercise of the right of first refusal will result in the motor vehicle dealer receiving consideration, terms, and conditions that are equal to or better than that for which the dealer has contracted in connection with the proposed transaction.
(2) Notwithstanding subsection (1) of this section, the manufacturer's or distributor's right of first refusal does not apply to transfer of a dealership under RCW 46.96.110, and does not apply to a proposed transaction involving any of the following purchasers or transferees:
(a) A purchaser or transferee who has been preapproved by the manufacturer or distributor with respect to the transaction;
(b) A family member or members, including the spouse, biological or adopted child, stepchild, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer-operator, or one or more of the dealership's owners;
(c) A manager continuously employed by the motor vehicle dealer in the dealership during the previous three years who is otherwise qualified as a dealer-operator by meeting the reasonable and uniformly applied standards for approval of an application as a new motor vehicle dealer-operator by the manufacturer;
(d) A partnership, corporation, limited liability company, or other entity controlled by any of the family members, identified in (b) of this subsection, of the dealer-operator; or
(e) A trust established or to be established for the purpose of allowing the new motor vehicle dealer to continue to qualify as such under the manufacturer's or distributor's standards, or provides for the succession of the franchise agreement to designated family members identified in (b) of this subsection, or qualified management identified in (c) of this subsection, in the event of the death or incapacity of the dealer-operator or its principal owner or owners.
(3) As a condition to the manufacturer or distributor exercising its right of first refusal, the manufacturer or distributor shall pay the reasonable expenses, including attorneys' fees, incurred by the dealer's proposed purchaser or transferee in negotiating, and undertaking any action to consummate, the contract for the proposed sale of the dealership up to the time of the manufacturer's or distributor's exercise of that right. In addition, the manufacturer or distributor shall pay any fees and expenses of the motor vehicle dealer arising on and after the date the manufacturer or distributor gives notice of the exercise of its right of first refusal, and incurred by the motor vehicle dealer as a result of alterations to documents, or additional appraisals, valuations, or financial analyses caused or required of the dealer by the manufacturer or distributor to consummate the contract for the sale of the dealership to the manufacturer's or distributor's proposed transferee, that would not have been incurred but for the manufacturer's or distributor's exercise of its right of first refusal. These expenses and fees must be paid by the manufacturer or distributor to the dealer and to the dealer's proposed purchaser or transferee on or before the closing date of the sale of the dealership to the manufacturer or distributor if the party entitled to reimbursement has submitted or caused to be submitted to the manufacturer or distributor, an accounting of these expenses and fees within thirty days after receipt of the manufacturer's or distributor's written request for the accounting. A manufacturer or distributor may request the accounting before exercising its right of first refusal.
(4) As a further condition to the exercise of its right of first refusal, a manufacturer or distributor shall assume and guarantee the lease or shall acquire the real property on which the motor vehicle franchise is conducted. Unless otherwise agreed to by the dealer and manufacturer or distributor, the lease terms or the real property acquisition terms must be the same as those on which the lease or property was to be transferred or sold to the dealer's proposed purchaser or transferee.
(5) If the selling dealer has disclosed to the proposed purchaser or transferee, in writing, the existence of the manufacturer's or distributor's right of first refusal, then the selling dealer has no liability to the proposed purchaser or transferee for a claim for damages resulting from the manufacturer or distributor exercising its right of first refusal. If the existence of the manufacturer's or distributor's right of first refusal was disclosed by the selling dealer to the proposed purchaser or transferee, in writing, before or at the time of execution of the purchase and sale or transfer agreement, the manufacturer or distributor shall indemnify, hold harmless, and defend the selling dealer from and against any and all claims, damages, losses, actions, or causes of action asserted by the dealer's proposed purchaser or transferee against the selling dealer arising from the manufacturer's or distributor's exercise of its right of first refusal, and has the right, under this section, to file a motion on behalf of the dealer to dismiss the actions or causes of action asserted by the dealer's proposed purchaser or transferee.
[ 2003 c 21 s 4. ]
NOTES:
Captions not law—2003 c 21: See note following RCW 46.96.020.
(1) A manufacturer or distributor shall pay a motor vehicle dealer's claim for payment or other compensation due under a manufacturer incentive program within thirty days after approval of the claim. A claim that is not disapproved or disallowed within thirty days after the manufacturer or distributor receives the claim is deemed automatically approved. If the motor vehicle dealer's claim is not approved, the manufacturer or distributor shall provide the dealer with written notice of the reasons for the disapproval at the time notice of disapproval is given.
(2) A manufacturer may not deny a claim based solely on a motor vehicle dealer's incidental failure to comply with a specific claim-processing requirement that results in a clerical error or other administrative technicality.
(3) Notwithstanding the terms of a franchise agreement or other contract with a manufacturer or distributor, a motor vehicle dealer has one year after the expiration of a manufacturer or distributor incentive program to submit a claim for payment or compensation under the program.
(4) Notwithstanding the terms of a franchise agreement or other contract with a dealer and except as provided in subsection (5) of this section, after the expiration of one year after the date of payment of a claim under a manufacturer or distributor incentive program, a manufacturer or distributor may not:
(a) Charge back to a motor vehicle dealer, whether directly or indirectly, the amount of a claim that has been approved and paid by the manufacturer or distributor under an incentive program;
(b) Charge back to a motor vehicle dealer, whether directly or indirectly, the cash value of a prize or other thing of value awarded to the dealer under an incentive program; or
(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program. Where, however, a manufacturer or distributor has reasonable grounds to believe that the dealer committed fraud with respect to the incentive program, the manufacturer or distributor may audit the dealer for a fraudulent claim during any period for which an action for fraud may be commenced under applicable state law.
(5) Notwithstanding subsection (4)(a) and (b) of this section, a manufacturer or distributor may make charge-backs to a motor vehicle dealer if, after completion of an audit of the dealer's records, the manufacturer or distributor can show, by a preponderance of the evidence, that (a) the claim was intentionally false or fraudulent at the time it was submitted to the manufacturer or distributor, or (b) with respect to a claim under a service incentive program, the repair work was improperly performed in a substandard manner or was unnecessary to correct a defective condition.
[ 2003 c 21 s 5. ]
NOTES:
Captions not law—2003 c 21: See note following RCW 46.96.020.
Notwithstanding the provisions of a franchise agreement or other provision of law to the contrary, the venue for a cause of action, claim, lawsuit, administrative hearing or proceeding, arbitration, or mediation, whether arising under this chapter or otherwise, in which the parties or litigants are a manufacturer or distributor and one or more motor vehicle dealers, is the state of Washington. It is the public policy of this state that venue provided for in this section may not be modified or waived in any contract or other agreement, and any provision contained in a franchise agreement that requires arbitration or litigation to be conducted outside the state of Washington is void and unenforceable.
This section does not apply to a voluntary dispute resolution procedure that is not binding on the dealer.
[ 2003 c 21 s 6. ]
NOTES:
Captions not law—2003 c 21: See note following RCW 46.96.020.
A manufacturer shall, upon demand, indemnify and hold harmless any existing or former franchisee and the franchisee's successors and assigns from any and all damages sustained and attorneys' fees and other expenses reasonably incurred by the franchisee that result from or relate to any claim made or asserted by a third party against the franchisee to the extent the claim results from any of the following:
(1) The condition, characteristics, manufacture, assembly, or design of any vehicle, parts, accessories, tools, or equipment, or the selection or combination of parts or components manufactured or distributed by the manufacturer or distributor;
(2) Service systems, procedures, or methods that the franchisor required or recommended the franchisee to use;
(3) Improper use by the manufacturer, its assignees, contractors, representatives, or licensees of nonpublic personal information obtained from a franchisee concerning any consumer, customer, or employee of the franchisee; or
(4) Any act or omission of the manufacturer or distributor for which the franchisee would have a claim for contribution or indemnity under applicable law or under the franchise, irrespective of any prior termination or expiration of the franchise.
[ 2010 c 178 s 9. ]
A new motor vehicle dealer who is injured in his or her business or property by a violation of this chapter, or any corporation or association that is primarily owned by or composed of new motor vehicle dealers and that primarily represents the interests of new motor vehicle dealers and is acting for itself or by, for, or on behalf of one or more new motor vehicle dealers, has standing to file a petition to the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW, or may bring a civil action in a court of competent jurisdiction to recover the actual damages sustained by the dealer, to seek declaratory relief, or to enjoin further violations, together with the costs of the suit, including reasonable attorneys' fees if the new motor vehicle dealer, corporation, or association prevails. In addition, the court may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained for a willful violation. If a petition is filed with the department, the petition must be accompanied with a filing fee in accordance with RCW 46.96.210.
[ 2018 c 296 s 3; 2010 c 178 s 11. ]
(1) Notwithstanding the terms or conditions of any consent, authorization, release, novation, franchise, or other contract or agreement, whenever any manufacturer, factory branch, distributor, distributor branch, dealer management computer system vendor, or any third party acting on behalf of or through, or approved, referred, endorsed, authorized, certified, granted preferred status, or recommended by, any manufacturer, factory branch, distributor, distributor branch, or dealer management computer system vendor, requires that a new motor vehicle dealer provide any other new motor vehicle dealer, consumer, or customer data or information through direct access to the dealer's management computer system, the new motor vehicle dealer is not required to provide, and may not be required to consent to provide in any written agreement, such direct access to its management computer system.
However, the new motor vehicle dealer may provide any other new motor vehicle dealer, consumer, or customer data or information specified by the requesting party by timely obtaining and pushing or otherwise furnishing the requested data to the requesting party in a widely accepted file format, such as comma delimited, provided that when a new motor vehicle dealer would otherwise be required to provide direct access to its management computer system under the terms of a consent, authorization, release, novation, franchise, or other contract or agreement, a new motor vehicle dealer that elects to provide data or information through other means may be charged a reasonable initial set-up fee and reasonable processing fee based on the actual incremental costs incurred by the party requesting the data for establishing and implementing the process for the dealer. Any term or provision contained in any consent, authorization, release, novation, franchise, or other contract or agreement that is inconsistent with this subsection is voidable at the option of the new motor vehicle dealer.
(2) Notwithstanding the terms or conditions of any consent, authorization, release, novation, franchise, or other contract or agreement, every manufacturer, factory branch, distributor, distributor branch, or any third party acting on behalf of or through any manufacturer, factory branch, distributor, or distributor branch, having electronic access to consumer or customer data or other information in a computer system utilized by a new motor vehicle dealer, or who has otherwise been provided consumer or customer data or information by the dealer, shall fully indemnify and hold harmless the dealer from whom it has acquired the consumer or customer data or other information from all damages, costs, and expenses incurred by the dealer including, but not limited to, judgments, settlements, fines, penalties, litigation costs, defense costs, court costs, costs related to the disclosure of security breaches, and attorneys' fees arising out of complaints, claims, security breaches, civil or administrative actions, and, to the fullest extent allowable under the law, governmental investigations and prosecutions to the extent caused by the manufacturer, factory branch, distributor, distributor branch, or third party acting on behalf of the manufacturer, factory branch, distributor, or distributor branch's access, storage, maintenance, use, sharing, disclosure, or retention of the dealer's consumer or customer data or other information, or maintenance or services provided to any computer system utilized by the dealer by the manufacturer, factory branch, distributor, distributor branch, or third party acting on behalf of or through the manufacturer, factory branch, distributor, or distributor branch.
(3) Notwithstanding the terms or conditions of any consent, authorization, release, novation, franchise, or other contract or agreement, a dealer management computer system vendor or any third party acting on behalf of or through any dealer management computer system vendor, having electronic access to consumer or customer data or other information in a computer system utilized by a new motor vehicle dealer, or who has otherwise been provided consumer or customer data or information by the dealer, shall fully indemnify and hold harmless the dealer from whom it has acquired the consumer or customer data or other information from all damages, costs, and expenses incurred by the dealer including, but not limited to, judgments, settlements, fines, penalties, litigation costs, defense costs, court costs, costs related to the disclosure of security breaches, and attorneys' fees arising out of complaints, claims, security breaches, civil or administrative actions, and, to the fullest extent allowable under the law, governmental investigations and prosecutions to the extent caused by the dealer management computer system vendor or any third party acting on behalf of the dealer management computer system vendor's access, storage, maintenance, use, sharing, disclosure, or retention of the dealer's consumer or customer data or other information, or maintenance or services provided to any computer system utilized by the dealer, by the dealer management computer system vendor or third party acting on behalf of or through the dealer management computer system vendor.
[ 2014 c 214 s 8. ]
NOTES:
Application—2014 c 214: See note following RCW 46.70.045.
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1961 c 12 s 46.98.010. ]
The provisions of this title shall be construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same statute. The provisions of this title shall also be construed in pari materia with the provisions of Title 47 RCW, and with other laws relating to highways, roads, streets, bridges, ferries and vehicles. This section shall not operate retroactively.
[ 1961 c 12 s 46.98.020. ]
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1961 c 12 s 46.98.030. ]
If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 1961 c 12 s 46.98.040. ]
See 1961 c 12 s 46.98.050.
This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing institutions and shall take effect immediately.
[ 1961 c 12 s 46.98.060. ]
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