RCW 46.61.705
Off-road motorcycles.
(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
.
RCW 46.61.708
Motorcycles previously converted as snow bikes.
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
.
RCW 46.61.710
Mopeds, EPAMDs, motorized foot scooters, personal delivery devices, electric-assisted bicycles, class 1 electric-assisted bicycles, class 2 electric-assisted bicycles, class 3 electric-assisted bicycles
—
General requirements and operation.
(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
.
RCW 46.61.715
Motorized foot scooters and shared scooters
—
Local authority may regulate
—
Contracts offered by scooter share programs to scooter share contractors
—
Written disclosure.
(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
.]
RCW 46.61.720
Mopeds
—
Safety standards.
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).
RCW 46.61.723
Medium-speed electric vehicles.
(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
.
RCW 46.61.725
Neighborhood electric vehicles.
(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
.
RCW 46.61.730
Wheelchair conveyances.
(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
.
RCW 46.61.733
Personal delivery device.
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
.
RCW 46.61.734
Intelligent speed assistance device
—
Court shall impose use.
(Effective January 1, 2029.)
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
.
RCW 46.61.735
Ferry queues
—
Violations
—
Exemptions.
(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
.]
RCW 46.61.740
Theft of motor vehicle fuel.
(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
.]
RCW 46.61.745
Possessing or consuming cannabis in vehicle on highway
—
Penalty, exceptions
—
Definition.
(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
.
RCW 46.61.747
Illegal racing
—
Public education campaigns.
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
.
RCW 46.61.748
Racing
—
Impoundment.
(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
.
RCW 46.61.750
Effect of regulations
—
Penalty.
(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
.
RCW 46.61.755
Traffic laws apply to persons riding bicycles.
(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
.
RCW 46.61.758
Hand signals.
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
.]
RCW 46.61.760
Riding on bicycles.
(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.
RCW 46.61.765
Clinging to vehicles.
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.
RCW 46.61.770
Riding on roadways and bicycle paths.
(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
.
RCW 46.61.775
Carrying articles.
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.
RCW 46.61.780
Lamps and other equipment on bicycles.
(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
.
RCW 46.61.790
Intoxicated bicyclists.
(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.