RCW 46.61.005
Chapter refers to vehicles upon highways
—
Exceptions.
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
.]
RCW 46.61.015
Obedience to police officers, flaggers, or firefighters
—
Penalty.
(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
.
RCW 46.61.020
Refusal to give information to or cooperate with officer
—
Penalty.
(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
.
RCW 46.61.021
Duty to obey law enforcement officer
—
Authority of officer.
(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
.
RCW 46.61.022
Failure to obey officer
—
Penalty.
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
.
RCW 46.61.024
Attempting to elude police vehicle
—
Defense
—
License revocation.
(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
.
RCW 46.61.025
Persons riding animals or driving animal-drawn vehicles.
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
.]
RCW 46.61.030
Persons working on highway right-of-way
—
Exceptions.
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
.]
RCW 46.61.035
Authorized emergency vehicles.
(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
.]
RCW 46.61.050
Obedience to and required traffic control devices.
(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
.
RCW 46.61.055
Traffic control signal legend.
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
.
RCW 46.61.060
Pedestrian control signals
—
Pedestrians, personal delivery devices.
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
.
RCW 46.61.065
Flashing signals.
(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
.
RCW 46.61.070
Lane-direction-control signals.
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
.]
RCW 46.61.072
Special traffic control signals
—
Legend.
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
.
RCW 46.61.075
Display of unauthorized signs, signals, or markings.
(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
.]
RCW 46.61.080
Interference with official traffic-control devices or railroad signs or signals.
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
.
RCW 46.61.085
Traffic control signals or devices upon city streets forming part of state highways
—
Approval by department of transportation.
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
.
RCW 46.61.100
Keep right except when passing, etc.
(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
.
RCW 46.61.105
Passing vehicles proceeding in opposite directions.
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
.
RCW 46.61.110
Overtaking on the left
—
Fine.
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
.
RCW 46.61.115
When overtaking on the right is permitted.
(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
.
RCW 46.61.120
Limitations on overtaking on the left.
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.
RCW 46.61.125
Further limitations on driving to left of center of roadway.
(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.
RCW 46.61.126
Pedestrians and bicyclists
—
Legal duties.
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
.]
RCW 46.61.130
No-passing zones.
(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.
RCW 46.61.135
One-way roadways and rotary traffic islands.
(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
.
RCW 46.61.140
Driving on roadways laned for traffic.
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.
RCW 46.61.145
Following too closely
—
Vulnerable users of a public way
—
Fine.
(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
.
RCW 46.61.150
Driving on divided highways.
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.
RCW 46.61.155
Restricted access.
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.
RCW 46.61.160
Restrictions on limited access highway
—
Use by bicyclists.
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
.
RCW 46.61.165
High occupancy vehicle lanes
—
Monetary penalties for traffic infractions
—
Definition.
(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) 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.
(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) Local authorities 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. The application and review processes should be uniform and should provide for an expeditious response by the local authority. Whenever practicable, local authorities should enter into agreements with such private transportation providers to allow for the reasonable use of these facilities.
(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.
[
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
.
RCW 46.61.180
Vehicle approaching intersection
—
Vulnerable users of a public way
—
Fine.
(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
.
RCW 46.61.183
Nonfunctioning signal lights.
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
.]
RCW 46.61.184
Bicycle, moped, or street legal motorcycle at intersection with inoperative vehicle detection device.
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
.]
RCW 46.61.185
Vehicle turning left
—
Vulnerable users of a public way
—
Fine.
(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
.
RCW 46.61.190
Vehicle entering stop or yield intersection
—
Vulnerable users of a public way
—
Fine.
(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
.
RCW 46.61.195
Arterial highways designated
—
Stopping on entering.
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
.
RCW 46.61.197
Shared streets
—
Local authority may designate nonarterial highway
—
Central business district
—
Pedestrians, bicyclists, operators of micromobility devices
—
Annual report.
(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
.
RCW 46.61.200
Stop intersections other than arterial may be designated.
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
.
RCW 46.61.202
Stopping when traffic obstructed.
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
.
RCW 46.61.205
Vehicle entering highway from private road or driveway
—
Vulnerable users of a public way
—
Fine.
(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
.
RCW 46.61.210
Operation of vehicles on approach of emergency vehicles or organ transport vehicles transporting a time urgent organ.
(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.
RCW 46.61.212
Emergency or work zones
—
Approaching
—
Penalty
—
Violation.
(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
.]
RCW 46.61.215
Highway construction and maintenance.
(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
.
RCW 46.61.220
Transit vehicles.
(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
.]
RCW 46.61.230
Pedestrians subject to traffic regulations.
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.
RCW 46.61.235
Crosswalks.
(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
.
RCW 46.61.240
Crossing at other than crosswalks.
(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
.
RCW 46.61.245
Drivers to exercise care.
(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.
RCW 46.61.250
Pedestrians on roadways.
(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
.
RCW 46.61.255
Pedestrians soliciting rides or business.
(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.
RCW 46.61.260
Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
[
1965 ex.s. c 155 s 39
.]
RCW 46.61.261
Sidewalks, crosswalks
—
Pedestrians, bicycles, personal delivery devices.
(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
.
RCW 46.61.264
Pedestrians and personal delivery devices yield to emergency vehicles.
(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
.
RCW 46.61.266
Pedestrians under the influence of alcohol or drugs.
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
.
RCW 46.61.269
Passing beyond bridge or grade crossing barrier prohibited.
(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
.
RCW 46.61.275
Reporting of certain speed zone violations
—
Subsequent law enforcement investigation.
(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
.]
RCW 46.61.290
Required position and method of turning at intersections.
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
.
RCW 46.61.295
"U" turns.
(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
.
RCW 46.61.300
Starting parked vehicle.
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.
RCW 46.61.305
When signals required
—
Improper use prohibited.
(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
.
RCW 46.61.310
Signals by hand and arm or signal lamps.
(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.
RCW 46.61.315
Method of giving hand and arm signals.
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
.]
RCW 46.61.340
Approaching railroad grade crossings.
(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
.
RCW 46.61.345
All vehicles must stop at certain railroad grade crossings.
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
.]
RCW 46.61.350
Approaching railroad grade crossings
—
Specific vehicles
—
Exceptions
—
Definition.
(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
.
RCW 46.61.355
Moving heavy equipment at railroad grade crossings
—
Notice of intended crossing.
(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
.
RCW 46.61.365
Emerging from alley, driveway, or building.
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
.
RCW 46.61.370
Overtaking or meeting school bus, exceptions
—
Duties of bus driver
—
Penalty
—
Safety cameras.
(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
.
RCW 46.61.371
School bus stop sign violators
—
Identification by vehicle owner.
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
.]
RCW 46.61.372
School bus stop sign violators
—
Report by bus driver
—
Law enforcement investigation.
(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
.]
RCW 46.61.375
Overtaking or meeting private carrier bus
—
Duties of bus driver.
(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
.]
RCW 46.61.380
Rules for design, marking, and mode of operating school buses.
(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
.
RCW 46.61.385
School patrol
—
Appointment
—
Authority
—
Finance
—
Insurance.
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
.
RCW 46.61.400
Basic rule and maximum limits.
(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
.]
RCW 46.61.405
Decreases by secretary of transportation.
(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
.
RCW 46.61.410
Increases by secretary of transportation
—
Maximum speed limit for trucks
—
Auto stages
—
Signs and notices.
(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
.
RCW 46.61.415
When local authorities may establish or alter maximum limits.
(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
.
RCW 46.61.419
Private roads
—
Speed enforcement.
(Effective until 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
64.34, 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.
[
2013 c 269 s 1
;
2003 c 193 s 1
.]
PDF
RCW 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
.]
NOTES:
Effective dates
—
2024 c 321 ss 319 and 401-432:
See note following RCW 64.90.485
.
RCW 46.61.425
Minimum speed regulation
—
Passing slow moving vehicle.
(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
.
RCW 46.61.427
Slow-moving vehicle to pull off roadway.
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
.]
RCW 46.61.428
Slow-moving vehicle driving on shoulders, when.
(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
.]
RCW 46.61.430
Authority of secretary of transportation to fix speed limits on limited access facilities exclusive
—
Local regulations.
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
.
RCW 46.61.435
Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways
—
Designated as arterials.
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
.
RCW 46.61.440
Maximum speed limit when passing school or playground crosswalks
—
Penalty, disposition of proceeds.
(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
.
RCW 46.61.445
Due care required.
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).
RCW 46.61.450
Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses
—
Posting limits.
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
.
RCW 46.61.455
Vehicles with solid or hollow cushion tires.
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
.]
RCW 46.61.460
Special speed limitation on motor-driven cycle.
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
.]
RCW 46.61.465
Exceeding speed limit evidence of reckless driving.
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
.]
RCW 46.61.470
Speed traps defined, certain types permitted
—
Measured courses, speed measuring devices, timing from aircraft.
(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
.]
RCW 46.61.480
Determination of maximum speed on nonlimited access state highways within tribal reservation boundaries.
(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
.]
RCW 46.61.500
Reckless driving
—
Penalty.
(Effective until 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. 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
.
PDF
RCW 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
.]
NOTES:
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
.
RCW 46.61.502
Driving under the influence.
(Effective until January 1, 2026.)
(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 ten 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).
[
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.
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
.
PDF
RCW 46.61.502
Driving under the influence.
(Effective January 1, 2026.)
(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
.
RCW 46.61.503
Driver under twenty-one consuming alcohol or cannabis
—
Penalties.
(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
.
RCW 46.61.504
Physical control of vehicle while under the influence.
(Effective until January 1, 2026.)
(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 ten 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).
[
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.
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
.
PDF
RCW 46.61.504
Physical control of vehicle while under the influence.
(Effective January 1, 2026.)
(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
.
RCW 46.61.5054
Alcohol violators
—
Additional fee
—
Distribution.
(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
.