HomeMy WebLinkAboutORD 3032 !
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CITY OF RENTON, WASHINGTON
ORDINANCE N0. 3032
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON
ADOPTING THE WASHINGTON MODEL TRAPFIC ORDINANCE
AND QTHER TRAFFIC STATUTES TO REGULATE TRA�'�IC
ON THE HIGHWAYS OF THE CITY 0�' RENTON, WASHINGTON
AND R�'PEALING ORDINANCES OR PARTS OF ORDINANCES`
IN CONF,LICT THEREWITH.
THE CITY COUNCTL OF THE CTTY OFRENTON, WASHINGTON, DO
ORDAIN AS POLLOWS :
SEC"I'ION I : Adoption by Refererice. The "Washington
Model Traffic Ordinance," Chapter46 . 90 RCW, he�inafter referred to
as the "MTO" and RCW 46 . 52 . 088 , 46 . 61. 072 , 46 . 61. 202 , 46 . 61. 215 , '
46. 61. 261, 46. 61. 264 , 46 . 61. 266 , 46 . 61 . 269 , 46 . 61. 520 , 46 . 61,540 ,
46. 61. 606 , 46 . 61. 608 , 46 . 61. 614 , and 46 . 64 ..017 are hereby adopted
by reference as and for the traffic ordinance of t.he City of Renton
as if set forth in full herein with the exce�tion of the penalty
provisions thereof whlch are superseded by t.he penalty provisions of
this Ordinance as set forth in Section II-.: >
SECTION II : Penalties . Any person who is convicted of
violating or, failing to comply with any of the pr.ovisions of this
Ordinance shall be punished only by a fine of not more than $500 . 00
except as otherwise provided herein.
SECTION III : Dispositi'ori of Traffic Fihes and Forfeitures .
Al1 fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any
of the provisions �of. this Ordinance shall be paid into the general
fund of the City of Renton.
SECTION IV: Official Misconduct. Failure, refusal , or
neglect on the part of any judicial or other officer or employee
receiving or having cutody of any such fine or for�eiture of bail,
either before or after a deposit in said general fund , to comply with
the provisions of Section III shall constitu.te misconduct in office
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and shall be grounds for removal therefrom, provided appropriate
removal action is taken pursuant to state law relating to removal
of public officials .
SECTION V : Filing :of Ordinance. Incident to the adoption
of the MTO by reference,. by this Ordinance, copies of the text �
the adopted MTO and of oth.er adop.ted statutes shall be filed as
required by RCW 35A. 12 .140 for use and examination by the public .
SECTION VI : Repeal . All ordinances or parts of ordinances
in conflict herewith are .hereby repealed.
SECTION VII : Se:verability Claia.se. Tf any provision of
this Ordinance or its application to any person or circumstance is
held invalid , the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
SECTION VIII : Effective Date : This Ordinance shall be
effective upon its passage, approval and five days after its publication
PASSED BY THE CITY COUNCIL this 17thday of May , 1976 .
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(.:;� .� , .�i'/�.PiQ.4C�
Delores A. Mea'd, Ci�� Clerk
APPROVED BY THE MAYOR .this 17th day of May _ , I316 .
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�larence�. Delaurenti, Mayor
Approved as to form:
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Gerard M. Shellan? Gity At.t.orney
Date of Publication: 5-21-76
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SUPPLEMENT I TO
WASHINGTON �VIOD►EL TRAFFIC CJRDINANCE
{For �ities and Tawns}
TtJ BE iNSERTED IN FR.ONT {�F
INFORMATION BULLETIN NO. 3 67
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- MUNICIPAL RESEARCH AND SERVICES CENTER
QF WASHINGTON
IN COt?PE3iATION WITH
ASS�CIATION C?F �ASHINGTCJN CITIES
Supp:er_�ent I to i
Infotrnation Bulletin
No. 3�7 June l, 1976 �
'�'7I9 B�o�klyn Ave. N.E.
Seattie, `JVash�n;#an 98105
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Contents
Page
1. RCW Sections Adopted by Reference in the
Washington MTO That Were Amended at the 1975-76,
2nd Ex. Sess. of the Legislature... ..... . .. . .. ... .... ........... . 3
2. RCW Sections Adopted by Reference in the
Washington MTO That Were Repealed at the 1975-76,
2nd Ex. Sess. of the Legislature... ...... ... ... ...... ......... .. . 3
3. New Traffic Statutes Enacted at the 1975-76, 2nd Ex. Sess.
of the Legislature That Will Be Recommended to the
Legislature for Adoption by Reference in the Washington
MTO at the 1977 Session of the Legislature. .. ............ ... . .. .. 4
4. Text of RCW Sections as Amended by the 1975-76 Second Extra
Session of the Legislature, Which RCW Sections Had Been
Previously Adopted by Reference in the Washington MTO (Re:
Item 1. above)..... ......... . ...... .. .... .. ...... .... ........ ... . 6
5. Text of New Traffic Statutes That Were Enacted at the
1975-76 Second Extra Session of the Legislature (Re:
Item 3. above)............ .... .... . . .. ... .... ..... ........... . . .. 19
6. Statute (RCW 46.61.010) Making Lesser Traffic Law Violations
Punishable Only by Monetary Fines and Not by Jail Sentences -
See Page 5....... ...... ...... .... .. .... .. .... ............ ........ 24
MUNICIPAL RES�AR,CH ANI� SE1�,VIC�S CENTER OF WASHINGTON
in cooperation with
AS�OCIATION OF WASHINGTON CITIES
4719 BRGOKLYN AVENUE Pl.E. SEATTLE, WASHINGTON 98105 TELEPHONE 206 - 543-9050
T0: CITY OFFICIALS
I. Since the 47ashington Model Traff_ic Ordinance was enacted in 1975, the
following RCW sections that were adopted by reference in the Washington
MTO have been amended:
RCW Section Amended Chapter and Section of Act Page(s) on which amended
of 1975-76, 2nd Ex. Sess. RCW Section is located
that amended the correspond- ir� Info. Bull. No. 367
, ing RCW Section in the left-
hand column
46.52.020. . . . . . . . . .Ch. 18, Sec. 1. . . . . . . . .Page 64
46.44.030. . . . . . . . . .Ch. 53, Sec. l. . . . . . . . .Page 53-54
46.16,380. . . . . . . . . .Ch. 102, Sec. 1 . . . . . . . .Page 31
46.61.580. . . . . . . . . .Ch. 102, Sec. 2 , . . . . . . .Page 82
46.64.015. . . . . . . . . .Ch. 95, Sec. 2. . . . . . . . .Page 85
46.I6.135. . . . . e . . . .Ch. 64, Sec. 3. . . . . . . . .Page 28-29
46.16.137. . . . . . . . o .Ch. 64, Sec. 4, e . . . . . . .Page 29
46.16.145. . . . . . . . . .Ch. 64, Sec. 5. . . . . . . . .Page 30
46.44.020. . . . . . . . . .Ch. 64, Sec. 7. . . . . . . . .Page 53
46.44.036. , s . . . . . . .Ch. 64, Sec. 8. . . . . . . . .Page 54
46,44.037. . . . . . . . . .Ch. 64, Sec. 9. . . . . . . . .Page 54
46.44.042. . . . . . . . . .Ch. 64, Sec. 10 . . . . . . . .Page 55
46.44.047. . . . . . . . . .Ch. 64, Sec. 11 . . . . . . . .Page 57
46.44.050. , . . . . . . . .Ch. 64, Sec. 12 . . . . . . . .Page 57-58
46.44.090. . . . . . . . . .Ch. 64, Sec. 13 . . . . . . . .Page 58
46.44.091. . . . . . . . . .Ch, 64, Sec. 14 . . . . . . . .Page 58-59
46.44.092. . . . . . . . . .Ch. 64, Sec. 15 . . . . . . . .Page 59
46.44.095. . . . . . . . . .Ch, 64, Sec. 17 . . . . . . . .Page 59-6C
46.44.096. . . . . . . . . .Ch. 64, Sec. 18 . . . . . . . .Page 62
46.44.Z30. . . . . . . . . .Ch. 64, Sec. 20 . . . . . . . .Page 63
II, The following RCW sections that were adopted by reference in the Washington �
MTO have been repealed:
RCW Section Repealed Chapter and Section of Act Page(s) on which repealed
of 1975-76, 2nd Ex. Sess. RCW section is located
that repealed the corre- in Info. Bul1. No. 367
sponding RCW Section in
the left-hand column
46.44.040. . . . . . . . . .Ch. 64, Sec. 24(2). . . . . . .Page 54-55
46.44.044. . . . . . . . . .Ch. 64, Sec. 24(3). . . . . . .Page 55-56
46.44.045. . . . . . . . . .Ch. 64, Sec. 24(4). . . . . . .Page 56
46.44.046. . . , . . . . .Ch. 64, Sec. 24(5). . . . . . .Page 56-57
46.44.097. . . . . . . . . .Ch. 64, Sec. 24(6). . . . . . .Page 62-63
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III. The following new traffic statutes that were enacted at the 1975-76, 2nd
Ex. Sess. of the legislature will be recommended to the legislature for
adoption by reference in the Washington MTO at the 1977 session of the
legislature:
Chapter and Section of Act
Ch. 29, Sec. 1
Ch. 64, Sec. 22
Ch. 91, Secs. 1 through 6
In cities and towns that have adopted the MTO, the action of the state
legislature in amending or repealing RCW sections that are adopted by ref-
erence in the MTO automatically amends the MTO. (RCW 46.90.010) Therefore, in
order to have Information Bulletin No. 367 kept current to reflect the above-
mentioned changes in motor vehicle (traffic) laws enacted at the 1975-76, 2nd
Ex. Sess. of the legislature, the need for the following action is indicated:
With respect to statutes referred to above under I. , an "X" should be placed
through the RCW sections on the pages on which they appear in Information
Bulletin No. 367 that are on file with the city or town clerk, Enclosed is a
copy of the text of the amended RCW statutes listed above under I. Inter-
ested cities and towns may obtain the copies necessary to comply with the
adoption by reference statutes (RCW 35.21.180, 35A.12,140, and 35A.13.180)
from the Municipal Research and Services Center of Washington. Attention:
Publications Clerk.
With respect to the repealed statutes referred to above under II. , an "X"
should be placed through the RCW sections on the pages on which they appear
in Information Bulletin No. 367 that are on file with the city or town clerk.
�dith respect to the new motor vehicle (traffic) statutes referred to above
under III, , (for which RCW numbers are not yet available) , a bill is being
prepared for introduction in the 1977 session of the legislature which would
provide for amending the MTO by adopting by reference therein these new
motor vehicle statutes. This bill would include not only the above-mentioned
new statutes that were enacted at the 1975-76 2nd Ex. Sess. , but also would
include previously enacted 1975 traffic statutes which have not been included
in the MTO (Ch. 46.90 RCW) and that have been recommended to the cities for
adoption by reference on pages 95 - 96 of Information Bulletin No. 367,
Washington Model Traffic Ordinance, and also were listed in the "Suggested
Ordinance or County Resolution for adoption by reference of the Washington
Model Traffic Ordinance" on page l, Section 1 of Information Bulletin No.
368, Suggested Ordinance for Adopting MTO. If this bill is enacted at the
1977 session of tr�e legislature, because of RCW 46.90.010 of the MTO, each
city which has adopted the MTO would have its own ordinance automatically
amended so as to be in conformity with that bill as enacted by the legis-
lature and no amendment to the city or town traffic ordinance would be re-
quired unless a city or town elects not to include certain of these additional
motor vehicle statutes in its MTO as is indicated in Section 2 of the sug-
gested ordinance on page 1 of Information Bulletin No. 368.
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An alternative course of action for a city if it does not desire to wait
for the legislature to enact this bill, would be to amend its traffic ord-
inance, assuming that it has enacted an ordinance adopting the Washington
MTO�as suggested on page 1 of Information Bulletin No. 368, to adopt by
reference the new traffic statutes listed under III. above that were enacted
at the 1975-76 2nd Ex. Sess. Three copies of these new traffic statutes
thus adopted by reference under this course of action would have to be filed
with the city or town clerk.
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Of special significance to municipalities is RCW 46.61.010, as amended by
Che 95, Sec. 1, Laws of 1975-76, 2nd Ex. Sess. This amended statute provides,
with certain exceptions, that a violation of the traffic laws (Ch. 46.6I
RCW) or a similar local ordinance will be considered to be a 11misdemeanor",
but for the purposes of this act will be punishable only hy a fine not to
exceed $250, and shall not be punishable by confinement in any jail or cor-
rectional institution. The act excepts eight of the more serious traffic
offenses and provides that unless specifically provided otherwise for a
particular offense, these exceptions will be punishable by imprisonment in
the county jail for a term of not more than 90 days or by a fine of not more
than $500, or both. This amendment to RCW 46.61.010 is in response to
McInturf v. Horton, 85 Wn. 2d 704 (1975), in which the State Supreme Court
held that an indigent defendant was entitled to appointed counsel when charged
with an offense punishable by a jail term. Since RCW 46.61.010, as amended,
provides that a11 traffic offenses, with eight exceptions, will no longer
be punishable by a jail term, it is no longer necessary for a municipality
to provide appointed counsel for indigent defendants who are charged with
� a traffic offense unless they are charged with one of the eight traffic
offenses for which a jail penalty may be imposed pursuant to RCW 46.61.010,
as amended. RCW 46.61.010 has not been recommended for adoption by refer-
ence in the MTO that is adopted by cities because the penalties specified
for some of the eight traffic offenses (RCW sections) excepted in RCW
46.61.OI0 exceed the allowable punishment that may be imposed by a munic-
ipality. Moreover, cities that desire to eliminate jail penalties from their
traffic ordinance so as to avoid the necessity of appointing counsel for
indigent defendants would for that reason also desire to avoid adopting by
reference RCW 46.61.010, as amended. It would also seem that cities should
carefully check their traffic ordinance to make certain that it complies
with RCW 46.6Z.010, as amended, in view of the possibility of removal by this
statutory amendment of a jail sentence from traffic offenses for which a jail
penalty may be specified in its ordinance.
In light of the provisions of RCW 46.61.010, as amended, a city or town that
has adopted the "Suggested Ordinance or County Resolution for adoption by
reference of the Washington Model Traffic Ordinance" should consider amending
Section 3, "Penalties" of this ordinance to change the possible fine to not
to exceed $250 as provided in RCW 46.61.010 for all traffic violations except
the eight major traffic offenses listed in this statute.
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TEXT OF RCW SECTIONS AS AMENDED BY THE 1975-76 SECOND EXTRA SESSION OF THE
LEGISLATURE, WHICH RCW SECTIONS HAD BEEN PREVIOUSLY ADOPTED BY REFERENCE YN
THE WASHINGTON MODEL TRAFFIC ORDINANCE (CH. 46.90 RCW) :
46.52.020 Duty in case of injury to or death of person or damage to attended
vehicle or other property. (1) A driver of any vehicle involved in an accident
resulting in the injury to or death of any person shall immediately stop such
vehicle at the scene of such accident or as close thereto as possible but shall
then forthwith return to, and in every event remain at, the scene of such
accident until he has fulfilled the requirements of subdivision (3) of this
section; every such stop shall be made without obstructing traffic more than
is necessary;
(2) The driver of any vehicle involved in an accident resulting only in
damage to a vehicle which is driven or attended by any person or damage to
other property shall immediately stop such vehicle at the scene of such accident
or as close thereto as possible and shall forthwith return to, and in any
event shall remain at, the scene of such accident until he has fulfilled the
requirements of subdivision (3) of this section; every such stop shall be
made without obstructing traffic more than is necessary;
(3) Unless otherwise provided in subsection (6) of this section the driver
of any vehicle involved in an accident resulting in injury to or death of
any person or damage to any vehicle which is driven or attended by any person
or damage to other property shall give his name, address and vehicle license
number and shall exhibit his vehicle driver's license to any person struck
or injured or the driver or any occupant of, or any person attending, any
such vehicle collided with and shall render to any person injured in such
accident reasonable assistance, including the carrying or the making of arrange-
ments for the carrying of such person to a physician or hospital for medical
treatment if it is apparent that such treatment is necessary or if such carry-
ing is requested by the injured person or on his behalf. Under no circumstances
shall the rendering' of assistance or other compliance with the provisions
of this subsection be evidence of the liability of any driver for such accident;
(4) Any person failing to stop or to comply with any of the requirements
of subdivision (3) of this section under said circumstances shall, upon con-
viction, be punished by imprisonment for not less than thirty days nor more
than one year or by a fine of not less than one hundred dollars nor more than
five hundred dollars, or by both such f ine and imprisonment: PROVIDED, That
this provision shall not apply to any person injured or incapacitated by such
accident to the extent of being physically incapable of complying herewith;
(5) The license or permit to drive or any nonresident privilege to drive
of any person convicted under this section or any local ordinance consisting
of substantially the same language as this section of failure to stop and give
information or render aid following an accident with any vehicle driven or
attended by any person shall be revoked by the department;
(6) In the event that none of the pPrsons specified are in condition to
receive the information to which they otherwise would be entitled under sub-
section (3) of this section, and no police officer is present, the driver
of any vehicle involved in such accident after fulfilling all other requirements
of subsections (1) and (3) of this section insofar as possible on his part
to be performed, shall forthwith report such accident to the nearest office
of the duly authorized police authority and submit thereto the information
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specified in subsection (3) of this sectian.
(Eftective - February 1$, 197b)
46.44.030 I�Iaximum lengths. It is unlawful for any persan to operate upan
�he public highways af this state any vehicle other than a tnunicipal transit
vehicle having an averall length, with ar without load, in excess af thirty-
five feet; PROVIDED, That an au�o stage ar school bus shall nat exceed an
overall length, inclusive of front and rear bumpers, of farty feet: PROVIDED
FLJRTHER, That any such school bus sha11 be equipped with �hree axles: PROVIDED
FURTHER, �'hat the route o£ any such auto stage or school bus upon ar across
the public highways within the jurisdictional boundaries of any ci�y or caunty
shall be limited as determined by the state highway commission after consuita-
�ion and agreement with the lacal legisl.ative authority, and the operation
of any such school bus upon the public highway sha11 be limited as determined
by the superintendent of public i.nstruction in the manner gras�ided fcr in RCW
46.61.380,
It is un.lawful for any person to operate on the highways of this state any
combination af vehicles which contains a vehicle of which the permanent struc-
ture is in excess af forty-five feet.
It is unlacafui for any person �o operate upon the public highways of this
state any combination consisting af a nanstinger steered tractor and semi-
trai�er which has an overall length in excess of sixty-five feet.
It is �nlawful for any person to operate on the highways of this state any
I combinatian consisting of a truck and trailer, or any lawful combination of
three vehicles, with an overall 1engCh, with or without load, in excess of
sixty-five feet, or a combination consisting of a tractar and a stinger steered
semitrailer which has an overall length in. excess of sixty-five feet withaut
load ar in excess af seventy fee� with 1oad.
"Stinger steered" as used in this sectian sha11 mean a tractor and semi-
trailer co�tbination. which has the coupling cannecting the semitrail.er to the
tractor lacated to the rear of the center line of the rear axle af the tractor.
These length limitations sha21 nat apply to vehicles Cransporting pales,
pipe, machinery or ather objects af a structural nature which cannat be dis-
membered and operated by a public utility when required far emergency repair
af public service faciliti,es or properties but in respect ta night transpor-
tation every such vehicle and load thereon shall be equipged with a sufficient
number af clearance lamps ari both sides and marker lamps upon the extreme ends
af anq prajecting Iaad ta clearly mark the dimensions of such load.
{���QCt1.V2 - .Ttt22� 2,�?y 397£t�
46.�.6.380 Cards and decals for certain disabled persozs---Qualifications---
Transfer of vehicle---Rules---Penalty. Any person who shall submit satisfactory
proof to the directar that fie ar she ha� lost both of his or her lower extrem-
ities, or who has lost the normal or full use thereof, or who is so severely I
disabled as to be unable to mave withaut the aid of crutches or a wheelchair
or who has lost both hands, shall be entitled ta receive a special card ta I
be le�t in a vehicle in a conspicuous place, bearing distinguishing marks,
letters or numerals ind3cating that the vehicle is being used to transgort
such a privileged person. Such a privileged person shall also be entitled
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to receive for one motor vehicle only, a special decal to be affixed to the
vehicle in a conspicuous place designated by the director, bearing distinguish-
ing marks, letters or numberals indicating that the vehicle is owned by or
primarily used for such a privileged person. Whenever such owner transfers
or assigns his interest in such vehicle, the special decal shall be removed.
Such person shall immediately surrender the decal to the director together
with a notice of the transfer of interest in such vehicle. If another vehicle
is acquired by, or for the primary use of, such person, a new decal shall be
issued by the director. Application for renewal, except for the permanently
disabled who shall be issued a permanent card, must be made by January lOth
of each renewal year together with satisfactory proof of the right to continued
use of such special card and decal. No additional fees shall be charged for
the issuance of such special card and decal. The director shall promulgate
such rules and regulations as he deems nececessary to carry into effect this
section.
Any unauthorized use of such distinguishing card and decal shall constitute
a gross misdemeanor.
(Effective - March 16, 1976)
46.61.580 Special parking privileges for certain disabled persons---
Display of card or decal---Prohibited areas. Any person who has lost both
of his or her lower extremities, or who has Iost the normal or full use thereof,
or who is so severely disabled as to be unable to move without the aid of
crutches or a wheelchair, or who has lost both hands, shall be allowed to park
a vehicle being used to transport such person for unlimited periods of time
in parking zones or areas which are otherwise restricted as to the length of
time parking is permitted. This section shall have no application to those
zones or areas in which the stopping, parking, or standing of all vehicles
is prohibited or which are reserved for special types of vehicles. Such person
shall not be permitted the foregoing privilege unless he obtains and displays
a distinguishing card or decal as provided in RCW 46.16.380.
(Effective - March 16, 1976)
46.64.015 Citation and notice to appear in court---Issuance---Contents---
Written promise---Arrest. Whenever any person is arrested for any violation
of the traffic laws or regulations which is punishable as a misdemeanor or
by imposition of a fine, the arresting officer may serve upon him a traffic
citation and notice to appear in court. Such citation and notice shall con-
form to the require�ents of RCW 46.64.010, and in addition, shall include spaces
for the name and address of the person arrested, the license number of the
vehicle involved, the driver�s license number of such person, if any, the
offense or violation charges, the time and place where such person shall appear
in court, and a place where the person arrested may sign. Such spaces shall
be filled with the appropriate information by the arresting officer. The
arrested person, in order to secure release, and when permitted by the arrest-
ing officer, must give his written promise to appear in court as required by
the citation and notice by signing in the appropriate place the written cita-
tion and notice served by the arresting officer. Upon the arrested person�s
failing or refusing to sign such written promise, he may be taken into custody
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of such arresting officer and so remain or be placed in confinement: PROVIDED,
That an officer shall not serve or issue any traffic citation or notice for
any offense or violation except either when said offense or violation is com-
mitted in his presence or when the citation and notice may be 'issued or served
pursuant to RCW 46.64.017.
(Effective - March 13, 1976)
46.16.135 Quarterly license---Penalty. Tonnage for motor trucks, trailers,
tractors, pole trailers, or semitrai�ers having a declared gross weight in ex-
cess of twenty thousand pounds may be purchased for any registration quarter
at one-fourth of the usual annual tonnage fee: PROVIDED, That the fee for the
registration quarter in which the vehicle is licensed shall be reduced by one-
twelfth of the usual tonnage fee for each full registration.month of the regis-
tration quarter that shall have elapsed at the time the vehicle is licensed.
An additional fee of one dollar shall be charged by the director each time
tonnage is purchased. The director is authorized to establish rules and regu-
ations relative to the issuance and display of certificates or insignia.
No vehicle licensed under the provisions of this section shall be operated
over the public highways unless the owner or operator renews the quarterly
tonnage license prior to the expiration of the existing tonnage .license. Any
person who operates any such vehicle upon the public highways after the ex-
piration of the existing tonnage license, shall be guilty of a misdemeanor,
and in addition shall be required to purchase a tonnage license for the vehicle
involved at the fee covering an entire registration year�s operation thereof,
less the fees for any registration quarter or registration quarters of the
registration year already paid. If, within five days thereafter, no tonnage
license for a full registration year has been purchased as required aforesaid,
the Washington state patrol, county sheriff, or city police shall impound such
vehicle in such manner as may be directed for such cases by the chief of the
Washington state patrol, until such requirement is met.
(Effective - January 1, 1977)
46.16.137 Monthly license for transportation of Iogs---Penalty. During
the months of October, November, December, January, February, and March the
gross weight license for a three-axle truck, a three-axle truck tractor and
a two-axle pole trailer used in combination, and a three-axle truck and two-
axle trailer used in combination, when such vehicles or combinations of vehicles
are licensed to the maximum gross weight provided by law and are used exclusive-
ly in the transportation of logs, and a two or three axle dump truck, or two
or three axle dump truck and dump trailer used. in combination, and a tractor
and dump semitrailer used in combination, when such vehicles are licensed to
the maximum gross weight provided by law, may be purchased for a monthly period.
The fee for such a monthly license shall be one-twelfth the annual maximum gross
weight fee provided for in RCW 46.16.070 and 46.16.111 or in RCW 46.16.070
and 46.16.115. For each fee so paid, other than at the time of the payment
of the basic license fee, an additional fee of one dollar and fifty cerits shall
be charged by the director. The monthly tonnage license shall be effective
for one entire registration month. The director or his authorized agent shall
issue a license indicating that monthly tonnage fees .have been paid, which
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tonnage license shall be carried in the vehicle throughout the registration
month for which it is issued. The director is authorized to establish rules
and regulations relative to the issuance of such tonnage licenses. No vehicle
licensed under the provisions of this section shall be operated over the public
highways unless the owner or operator thereof prior to the expiration of any
such monthly period applies for, and pays the required fee for a license for
an additional monthly period, a three-month period, or for the remainder of
the registration year. Any person who operates any such vehicle upon the public
highways after the expiration of Che existing tonnage license, shall be guilty
of a misdemeanor, and in addition shall be required to purchase a tonnage
license for the vehicle involved at the fee covering an entire registration
yearts tonnage license for operation thereof, less the fees for any period
or periods of the registration year already paid. If, within five days there-
after, no tonnage license for a full registration year has been purchased as
required aforesaid, the Washington state patrol, county sheriff, or city police
shall impound such vehicle in such manner as may be directed for such cases
by the chief of the Washington state patrol, until such requirement is met.
(Effective - January l, 1977)
46.16.145 Overloading licensed capacity---Penalties. Any person violating
any of the provisions of RCW 46.16.140 shall, upon a first conviction, pay
a fine of not less than twenty-five dollars nor more than fifty dollars; upon
a second conviction pay a fine of not less than fifty dollars nor more than
one hundred dollars, and in addition the court may suspend the certificate of
license registration of the vehicle for not more than thirty days; upon a third
and subsequent conviction pay a fine of not less than one hundred dollars nor
more than two hundred dollars, and in addition the court shall suspend the
certificate of license registration of the vehicle for not less than thirty
days nor more than ninety days.
Upon ordering the suspension of any certificate of license registration, the
court or judge shall forthwith secure such certificate and mail it to the
director.
(Effective - July l, 1976)
46.44.020 Ma.ximum height---Impaired clearance si ns. It shall be unlawful
for any vehicle unladen .or with load to exceed a height of fourteen feet above
the level surface upon which the vehicle stands: PROVIDED, That this height
limitation shall not apply to authorized emergency vehicles or repair equip-
ment of a public utility engaged in reasonably necessary operation. The pro-
visions of this section shall not relieve the owner or operator of a vehicle
or combination of vehicles from the exercise of due care in determining that
sufficient vertical clearance is provided upon the public highways where such
vehicle or combination of vehicles is being operated; and no liability shall
attach to the state or to any county, city, town, or other political subdivi-
sion by reason of any damage or injury to persons or property by reason of
the existence of any structure over or across any public highway where the
vertical clearance above the roadway is fourteen feet or more; or, where such
vertical clearance is less than fourteen feet, if impaired clearance signs of
a design approved by the Washington state highway commission are erected and
10
— - �
� , ,
�
maintained on the right side af any such public highway: in cities and towns
at a distance of not less than two hundred feet and not more than three hundred
feet; and in rural areas at a distance of not less than three hundred fifty
feet and not more than five hundred feet, fram each side af such structure.
If any s�rueture over or across any public highway zs not oum ed by Che state
or by a caunty, city, town or ather political subdiv2sion, it sha11 be the duty
of the owner thereof when billed therefor to reimburse the Washington state
highway coznmission or the county, city, town, or other palitical subdivision
having jurisdiction over such highway for the actual cost af erecting and
maintaining such impaired clearance sign�, but no liabili.ty sha11 attach to
such owner by reason of any damage ar injury to persons or properCy caused by
impaired vertical clearance above the roadway.
i {Effec�ive - .Tuly l, �976}
46.44.036 Combination of units---Limitation. Except as provided in RC�a
46.44.037, iC is unlawful. for any person to operate upon the public highways
of thi� state any cambination of vehicles consisting of more than two vehicles.
For the purpases af this section a truck tractor-semitrailer or pole trailer
combination will be considered as two vehicles but the addition of another axle
to the tractor of a truck tractor-semitrail.er or pole trailer combination in
such a way that it supports a propartional share af the load of the semitraiZer
I ar pole trailer shall not be deemed a separate vehicle but shall be considered
a part of the truck tractor. For the purgoses of this sectian a converter gear
used in converting a semitrailer to a full trailer shall not be deemed a sega-
rate vehicle but sha11 be considered a part of the trailer.
i (Effective - July 1, 1976)
�
46.�4.Q3� Combination of units--Lawful operatians. Notwithstanding the pro-
visions af RCW 4b,44.03b and ,subject to such rules and regulatians governing
their operati.on as may be adopted by the s�ate t�ighway commission operatian
of the fallowing combina�ians shall be lawful:
(1) A combination consisting of a truck tractor, a semitrailer, and a full
trailer. In this cannection a converter gear used Co convert a semitrailer I
inta a fu11 trailer shall. be considered to be a part of the fu11 trailer and
nat a separate vehicle. A converter gear being.pulled w3.thout load and not
used to convert a semitrailer inta a full trailer may be substituted in lieu I
of a ful]. trailer or a semitrailer in any lawful combination: �
(Z) A combination consisting of three trucks or truck tractors used in drive-
away service where tcao of Che vehicles are towed by the third in double saddle-
mount position. �
(Effective - July 1, 1976)
4b.44.042 Maximum gross weights---Tire factor. Subject to the maximum gross I
weights specified in section 22 af this 197b amendatory act, it is unlawful �
ta operate any vehicle upan the public highways with a gross weight, including
load, upan any tire concentrated upon the surface of the highway in excess
of five hundred fifty pounds per inch width of such tire, up to a maxirnurn widtYz
of twelve inches, and for a tire having a width of Cr�relve inches or more there
�
II
shall be allowed a twenty percent tolerance ,above five hundred fifty pounds
per inch width of such tire. For the purpose of this section, the width of
tire in case of solid rubber or hollow center cushion tires, so long as the
use thereof may be permitted by the law, shall be measured between the flanges
of the rim. For the purpose of this section, the width of tires in case of
pneumatic tires shall be the maximum overall normal inflated width as stipu-
lated by the manufacturer when inflated to the pressure specified and without
load thereon.
(Effective - July 1, 1976)
46.44.047 Excess weight---Logging trucks---Special permits---County or city
permits---Fees---Discretion of arresting officer. A three axle truck tractor
and a two axle pole trailer combination engaged in the operation of hauling
logs may exceed by not more than six thousand eight hundred pounds the legal
gross weight of the combination of vehicles when licensed, as permitted by law,
for sixty-eight thousand pounds: PROVIDED, That the distance between the first
and last axle of the vehicles in combination shall have a total wheelbase of
not less than thirty-seven feet, and the weight upon two axles spaced less than
seven feet apart shall not exceed thirty-three thousand six hundred pounds.
Such additional allowances shall be permitted by a special permit to be issued
by the state highway commission valid only on state primary or secondary high-
ways authorized by the state highway commission and under such rules, regula-
tions, terms and conditions prescribed by the state highway commission. The
fee for such special permit shall be fifty dollars for a twelve-month period
beginning and ending on April lst of each calendar year. Permits may be issued
at any time, but if issued after July lst of any year the fee shall be thirty-
seven dollars and fifty cents. If issued on or after October lst the fee shall
be twenty-five dollars, and if issued on or after January lst the fee shall
be twelve dollars and fifty cents. A copy of such special permit covering the
vehicle involved shall be carried in the cab of the vehicle at all times. Upon
the third conviction within the duration of the permit for violation of the
terms and conditions of the special permit, the special permit shall be can-
celed. The vehicle covered by such canceled special permit shall not be eli-
gible for a new special permit until thirty days after the cancellation of
the special permit issued to said vehicle. The fee for such renewal shall be
at the same rate as set forth in this section which covers the original issu-
ance of such special permit. Each special permit shall be assigned to a three-
axle truck tractor in combination with a two-axle pole trailer. When the
highway commission issues a duplicate permit to replace a lost or destroyed
permit and where the highway commission transfers a permit, a fee of five
dollars shall be charged for each such duplicate issued or each such transfer.
All fees collected hereinabove shall be deposited with the state treasurer
and credited to the motor vehicle fund.
Permits involving city streets or county roads or using city streets or county
roads to reach or leave state highways, authorized for permit by the state high-
way department may be issued by the city or county or counties involved. A fee
of five dollars for such city' or county permit may be assessed by the city or
by the board of county commissioners which shall be deposited in the city or
county road fund. ' The special permit provide'd for herein shall be known as
a "log tolerance permit" and shall designate the route or routes to be used,
12
which shall first be approved by the city or county engineer �nvolved. Authori-
zation of additional route or routes may be made at the discretion of the city
or county by amending the original permit or by issuing a new permit. Said per-
mits shall be issued on a yearly basis expiring on March 31st of each calendar
year. Any person, firm, or corporation who uses any city street or county road
for the purpose of transporting logs with weights authorized by state highway
log tolerance permits, to reach or leave a state highway route, without first
obtaining a city or county permit when required by the city or board of county
commissioners shall be subject to the penalties prescribed by section 23 of
this 1976 amendatory act. For the purpose of determining gross weigh't the actu-
al scale weight taken by the officer shall be prima facie evidence of such total
gross weight. In the event the gross weight is in excess of the weight permit-
� ted by law, the officer may, within his discretion, permit the operator to pro-
ceed with his vehicles in combination.
The chief of the state patrol, with the advice of the state highway commis-
sion, may make reasonable rules and regulations to aid in the enforcement of
the provisions of this section.
(Effective - July l, 1976) -
I 46.44.050 Minimum length of wheelbase. It shall be unlawful to operate any
vehicle upon public highways with a wheelbase between any two axles thereof
of less than three feet, six inches when weight exceeds that allowed for one
axle under RCW 46.44.042 or section 22 of this 1976 amendatory act. It shall
be unlawful to operate any motor vehicle upon the public highways of this state
with a wheelbase between the frontmost axle and the rearmost axle of less than
three feet, six inches.
For the purposes of this section, wheelbase shall be measured upon a straight
line from center to center of the vehicle axles designated.
(Effective - July l, 1976)
46.44.090 Special permits for oversize or overweight movements. The state
highway commission with respect to primary and secondary state highways and
local authorities with respect to public highways under their jurisdiction may,
upon application in writing and good cause being shown therefor, issue a special
permit in writing authorizing the applicant to operate or move a vehicle or
combination of vehicles of a size, weight of vehicle, or load exceeding the max-
imum specified in this chapter or otherwise not in conformity with the provi-
sions of this chapter upon any public highway under the jurisdiction of the
authority granting such permit and for the maintenance of which such authority
is responsible.
(Effective - Julv 1, 1976) .
46.44.091 Special permits for oversize or overweight movements---Gross wei�ht
limit. (1) Except as otherwise provided in subsections (3) and (4) of this sec-
tion, no special permit shall be issued for movement on any state highway or
route of a state highway within the limits of any city or town where the gross
weight, including load, exceeds the following limits:
(a) Twenty-two thousand pounds on a single axle or on dual axles with a wheel-
13
base between the first and second axles of less than three feet six inches:
(b) Forty-three thousand pounds on dual axles having a wheelbase between the
first and second axles of not less than three feet six inches but less than
seven feet:
(c) On any group of axles or in the case of a vehicle employing two single
axles with a wheel base between the first and last axle of not less than seven
feet but less than ten feet, a weight in pounds determined by multiplying six
thousand five hundred times the distance in feet between the center of the first
axle and the center of the last axle of the group:
(d) On any group of axles with a wheel base between the first and last axle
of not less than ten feet but less than thirty feet, a weight in pounds deter-
mined by multiplying two thousand two hundred times the sum of twenty and the
distance in feet between the center of the first axle and the center of the last
axle of the group:
(e} On any group of axles with a wheel base between the first and last axle
of thirty feet or greater, a weight in pounds determined by multiplying one
thousand six hundred times the sum of forty and the distance in feet between
the center of the first axle and the center of the last axle of the group.
(2) The total weight of a vehicle or combination of vehicles allowable by spe-
cial permit under subsection (1) of this section shall be governed by the lesser
of the weights obtained by using the total number of axles as a group or any
combination of axles as a group.
(3) The weight limitations pertaining to single axles may be exceeded to per-
mit the movement of equipment operating upon single pneumatic tires having a
rim width of twenty inches or more and a rim diameter of twenty-four inches
or more or dual pneumatic tires having a rim width of sixteen inches or more
and a rim diameter of twenty-four inches or more and specially designed vehicles
manufactured and certified for special permits prior to July l, 1975.
(4) Permits may be issued for weights in excess of the limiations contained
in subsection (1) of this section on highways or sections of highways which have
been designed and constructed for weights in excess of such limitations, or
for any shipment duly certified as necessary by military officials, or by offi-
cials of public or private power facilities, or when in the opinion of the high-
way commission the movement or action is a necessary movement or action: PRO-
VIDED, That in the judgment of the highway commission the structures and high-
way surfaces on the routes involved are capable of sustaining weights in excess
of such limitations and it is not reasonable for economic or operational con-
siderations to transport such excess weights by rail or water for any substan-
tial distance of the total mileage applied for.
(5) Application shall be made in writing on special forms provided by the high-
way commission and shall be submitted at least thirty-six hours in advance of
the proposed movement. An application for a special permit for a gross weight
of any combination of vehicles exceeding two hundred thousand pounds shall be
submitted in writing to the highway commission at least thirty days in advance
of the proposed movement.
(Effective - July 1, 1976)
46.44.092 Special permits for oversize or 'overweight movements---Overall
width limits---Application for permit. No special permit shall be issued for
movement on any two lane state highway outside the limits of any city or town
14
where the overall width of load exceeds fourteen feet, or on any multiple lane
state highway where the overall width of load exceeds thirty-two feet; except
that on multiple lane state highways.where a physical barrier serving as_ a medi-
an divider separates the oncoming and opposing traffic lanes, no special permit
shall be issued for width in excess of twenty feet: PROVIDED, That (1) in the
case of buildings, the limitations referred to in this section for movement
on any two lane state highway other than the national system of interstate and
defense highways may be exceeded under the following conditions: (a) Controlled
vehicular traffic shall be maintained in one direction at a11 times; (b) maximum
distance of movement shall not exceed five miles; additional contiguous permits
shall not be issued to exceed the five-mile limit: PROVIDED, That when in the
opinion of the highway commission a hardship would result, this limitation may
be exceeded upon approval of the commission; (c) prior to issuing a permit a
qualified highway department employee shall make a visual inspection of the
building and route involved determining that the c,onditions listed herein shall
be complied with and that structures or overhead obstructions may be cleared
or moved in order to maintain a constant and uninterrupted movement of the build-
ing; (d) special escort or other precautions may be imposed to assure movement
is made under the safest possible conditions, and the Washington state patrol
shall be advised when and where the movement is to be made; (2) permits may
be issued for widths of vehicles in excess of the preceding limitations on high-
ways or sections of highways which have been designed and constructed for width
� in excess of such limitations; (3) these limitations may be rescinded when cer-
tification is made by military officials, or by officials of public or private
power facilities, or when in the opinion of the highway commission the movement
or action is a necessary movement or action: PROVIDED FURTHER, That in the
judgment of the highway commission the structures and highway surfaces on the
routes involved are capable of sustaining widths in excess of such limitation;
(4) these limitations shall not apply to movement during daylight hours on any
two lane state highway where the gross weight, including load, does not exceed
forty-five thousand pounds and the overall width of load does not exceed sixteen
feet: PROVIDED, That the mimimum and maximum speed of such movements, prescrib-
ed routes of such movements, the times of such movements, limitation upon fre-
quency of trips (which limitation shall be not less than one per week) , and con-
ditions to assure safety of traffic may be prescribed by the highway commission
or local authority issuing such special permit.
The applicant for any special permit shall specifically describe the vehicle
or vehicles and load to be operated or moved and the particular state highways
for which permit to operate is requested and whether such permit is requested
for a single trip or for continuous operation.
(Effective - July 1, 1976)
46.44.095 Permits for oversize or overweight movements---Additional �ross
load---Fees. Until December 31, 1976, a combination of vehicles lawfully li-
ensed to a total gross weight of seventy two thousand pounds,. and a three or
more axle single unit vehicle lawfully licensed to a total gross weight of forty
thousand pounds, and on January 1, 1977, and thereafter, when a combination
of vehicles has been lawfully licensed to a to.tal gross weight of eighty thou-
sand pounds and when a three or more axle single unit vehicle has been lawfully
licensed to a total gross weight of forty thousand pounds pursuant to provisions
15
of section 22 of this 1976 amendatory act, a permit for additional gross weight
may be issued by the state highway commission upon the payment of thirty-seven
dollars and fifty cents per year for each one thousand pounds or fraction there-
of of such additional gross weight: PROVIDED, That the tire limits specified
in RCW 46.44.042 shall apply, and the gross weight on any single axle shall
not exceed twenty thousand pounds, and the gross load on any group of axles shall
not exceed the limits set forth in section 22 of this 1976 amendatory act:
PROVIDED FURTHER, That an additional two thousand pounds may be purchased for �
an amount not to exceed thirty dollars per thousand for the rear axle of a two-
axle garbage truck. Such additional weight shall not be valid or permitted
on any part of the federal interstate highway system where the maximum single
axle load shall not exceed twenty thousand pounds.
The annual additional tonnage permits provided for in this section shall be
issued under such rules and regulations and upon such terms and conditions as
may be prescribed by the state highway commission. Such permits shall entitle
the permittee to carry such additional load in such an amount and upon such
highways or sections of highways as may be determined by the state highway com-
mission to be capable of withstanding such increased gross load without undue
injury to the highway: PROVIDED, That the permits shall not be valid on any
highway where the use of such permits would deprive this state of federal funds
for highway purposes.
The annual additional tonnage permits provided for in this section shall com-
mence on the first of January of each year. The permits may be purchased at
any time, and if they are purchased for less than a full year, the fee shall
be one-twelfth of the full fee multiplied by the number of months, including
any fraction thereof, covered by the permit. When the department issues a du-
plicate permit to replace a lost or destroyed permit and where the department
transfers a permit from one vehicle to another a fee of five dollars shall be
charged for each such duplicate issued or each such transfer. The state highway
commission shall issue such permits on a temporary basis for periods not less
than five days at one dollar per day for each two thousand pounds or fraction
thereof.
The fees levied in RCW 46.44.0941 and this section shall not apply to any
vehicles owned and operated by the state of Washington, any county within the
state or any city or town or metropolitan municipal corporation within the state,
or by the federal government.
In the case of fleets prorating license fees under the provisions of chapter
46.85 RCW the fees provided for in this section shall be computed by the state
highway commission by applying the proportion of the Washington mileage of the
fleet in question to the total mileage of the fleet as reported pursuant to
chapter 46.85 RCW to the fees that would be required to purchase the additional
weight allowance for all eligible vehicles or, combinations of vehicles for which
the extra weight allowance is requested. ,
The state highway commission shall prorate the fees provided in this section
only if the name of the operator or owner is submitted on official listings
of authorized fleet operators furnished by the department of motor vehicles.
Listings furnished shall also include the percentage of mileage operated in
Washington, which shall be the same percentage as determined by the department
of motor vehicles, for purposes of prorating license fees.
(Effective - July 1, 1976)
16
46.44.096. Special permits for oversize or overweight movements---Determining
fee---To whom paid. In determining fees according to RCW 46.44.0941, mileage
on state primary and secondary highways shall be determined from the planning
survey records. of the department of highways and the gross, weight of .the vehicle
or vehicles, including load,_ shall be declared by the applicant. Overweight
on which fees_ shall be paid will be gross loadings in excess of loadings autho-
rized by law or axle loadings in excess of loadings authorized by law, whichever
is greater. Loads which are overweight and oversize shall be charged the fee
for the overweight permit without additional fees being assessed for the oversize
features.
Fees established in RCW 46.44.0941 shall be paid to the political .body issuing
the permit if the entire movement is to be confined to roads, streets, or high-
ways for which that political body is responsible; when a movement involves
a combination of state highways, county roads, and/or city streets the fee shall
be paid to the state highway commission. When a movement is confined within
the city limits of a city or town upon city streets, including routes of state
highways on city streets, all fees shall be paid to the city or town involved.
A permit will not be required from city or town authorities for a move involving
a combination of city or town streets and state highways when the move through
a city or town is being confined to the route of the state highway. When a
move invol.ves a combination of county roads and city streets the fee shall be
I paid to the county authorities, but the fee shall not be collected nor the county
permit issued until valid permits are presented showing the city or town author-
ities approve of the move in question. When the movement involves only county
roads the fees collected shall be paid to the county involved. Fees established
shall be paid to the political body issuing the permit if the entire use of
, the vehicle during the period covered by the permit shall be confined to the
roads, streets, or highways for which that political body is responsible.
If, pursuant to RCW 46.44.090, cities or counties issue additional tonnage
permits similar to those provided for issuance by the state highway commission
in RCW 46.44.095, the state highway commission shall authorize the use of such
additional tonnage permits on state highways subject to the following conditions:
(1) The owner of the vehicle covered by such permit shall establish to the
satisfaction of the state highway department that the primary use of the vehicle
is on the streets or roads of the city or county issuing the additional tonnage
permit:
(2) That the fees paid for such additional tonnage are not less than those
established in RC[,1 46.44.095:
(3) That the city or county issuing such permit shall allow the use of permits
issued by the state pursuant to RCW 46.44.095 on the streets or roads under its
jurisdiction:
(4) That all of the provisions of RCW 46.44.042 and section 22 of this 1976
amendatory act shall be observed.
When the department of highways is satisfied that the above conditions have
been complied with the state highway department by suitable endorsement on the
permit shall authorize its use on such highways as the state highway commission
has authorized for such permits pursuant to RCW 46.44.095, and all such use
of such highways shall be subject to whatever rules and regulations the state ;
highway commission has adopted for such permits.
(Effective - July l, 1976)
17
46.44.130 Farm implements---Gross weight and size limitation exception---
Penalty. The limitations of RCW 46.44.010, 46.44.020, 46.44.030, and section
22 of this 1976 amendatory act shall not apply to the movement of farm implements
of less than forty-five thousand pounds gross weight, a total length of seventy
feet or less, and a total outside width of fourteen feet or less when being
moved while patrolled, flagged, lighted, signed and at a time of day in accord-
ance with rules hereby authorized to be adopted by the highway commission and
the statutes. Violation of a rule adopted by the highway commission as autho-
rized by this section or a term of this section is a misdemeanor.
(Effective - July 1, 1976)
18
TEXT OF NEW TRAFFIC STATUTES THAT WERE ENACTED AT THE 1975-76 SECOND EXTRA SESSION
I OF THE LEGISLATURE:
Ch. 29, Sec. 1. Unlicensed drivers subject to provisions of motor vehicle laws
the �ame as licensed drivers. Any person who operates a motor vehicle on the
public highways of this state without a driver's license or nonresident privilege
to drive shall be subject to all of the provisions of Title 46 RCW to the same
extent as a person who is licensed.
(Effective - June 25, 1976)
Ch. 64, Sec. 22 Maximum load chart. No vehicle or combination of vehicles
shall operate upon the public highways of this state with a gross load on any
single axle in excess of twenty thousand pounds, or upon any group of axles
in excess of that set forth in the following table, except that two consecutive
sets of tandem axles may carry a gross load of thirty-four thousand pounds each,
if the overall distance between the first and last axles of such consecutive
sets of tandem axles is thirty-six feet or more.
Distance
in feet Maximum load in pounds
between carried on any group of 2
the ex- or more consecutive axles
tremes
of any *(Maximum load in pounds carried
group of on any .group of 2 consecutive
2 or more sets of tandum axles)
consecu-
tive 2 3 4 5 6 7 8 9
axles axles axles axles axles axles axles axles axles
4 34,000
5 34,000
6 34,000
7 34,000
8 34,000 36,500
9 39,000 38,000
10 40,000 39,500
11 41,000
12 42,500 42,500
13 44,000 44,000
14 45,500 45,500
15 47,000 47,000
16 48,000 48,000 48,000
17 48,500 48,500 49,000
18 49,500 49,500 50,000
19 50,000 50,000 51,000
20 51,000 51,000 52,000 52,000
21 51,500 51,500 53,000 53,000
ZZ 52,500 52,500 54,000 54,000
23 53,000 53,000 55,000 55,000
24 54,000 54,000 55,500 56,000 56,000
19
�
25 54,500 55,000 56,500 57,000 57,000
26 55,500 56,000 57,500 58,000 58,000 �
27 56,000 57,000 58,500 59,000 59,000
28 57,000 58,000 60,000 60,000 60,000 60,000
(60,500)*
29 57;500 59,000 60,500 61,000 61,000 6i,000
(61,500)*
30 58,500 59,OOC 61,500 62;000 62,000 62,000
(62,000)*
31 59,000 60,500 62,500 63,000 63,000 63,000
(62,500)*
32 60,000 61,500 63,500 64,000 64,000 64,000 64,000
(63,500)*
33 62,500 64,500 65,000 65,000 65,000 65,000
(64,000)*
34 63,500 65,000 66,500 66,500 66,500 66,500
(64,500)*
' 35 64,500 66,500 67;500 67,500 67,500 67,500
(65,500)*
36 65,500 67,500 68,500 68,500 68,500 68,50�
(68,000)*
37 66,500 68,500 69,500 69,500 69,500 69,500
38 67,500 69,000 70,500 70,500 70,500 70,500
39 68,000 70,000 71,500 71,500 71,500 71,500
40 68,500 71,000 72,500 72,500 72,500 72,500
41 69,500 72,000 73,500 73,500 73,500 73,500
42 70,000 73,000 74,500 74,500 74,500 74,500
43 70,500 74,000 75,500 75,500 75,500 75,500
44 71,500 75,000 76,500 76,500 76,500 76,500
45 72,000 76,000 78,000 78,000 78,000 78,000
46 72,500 76,500 79,000 79,000 79,000 79,000
47 73,500 77,500 80,000 80,000 80,000 80,000
48 74,000 78,000 81,000 81,000 81,000 81,000
49 74,500 78,500 82,000 82,000 82,000 82,000
50 75,500 79,000 83,000 83,000 83,000 . .83,000
51 76,000 80,000 84,000 84,000 84,000 84,000
52 76,500 80,500 85,000 85,000 85,000_ 85,000
53 77,500 81,000 86,000 86,000 87,000 87,000
54 78,000 81,500 86,500 87,500 89,000 89,000
55 78,500 82,500 87,000 88,000 91,000 91,000
56 79,500 83,000 87,500 ,90,000 93,000 93,000
57 80,000 83,500 88,000 91,000 95,000 95,000
58 84,000 89,000 92,500 97,000 97,000
59 85,000 89,500 93,500 99,000 99,000
60 85,500 90,000 95,000 100,500 100,500
61 86,000 90,500 95,500 101,000 102,500
62 86,500 91,000 96,000 101,500 104,000
63 87,500 92,000 96,500 102,000 105,500
64 88,000 92,500 97,000 102,500 105,500
65 88,500 93,000 98,000 103,000 105,500
66 89,000 93,500 98,500 103,500 105,500
67 90,000 94,000 99,000 104,000 105,500
20
68 90,500 94,500 99,500 104,500 105,500
I 69 91,000 95,500 100,000 105,500 105,500
70 91,500 96,000 101,000 105,500 105,500
When inches are involved: Under six inches take lower, six inches or over
take higher. When wheelbase of a group of axles is less th�n the wheelbase
required by the above table to attain maximum single axle and tandem axle allow-
ance, no axle shall exceed any axle in such group by more than two thousand
five. hundred pounds in weight. For this purpose of determining equal axle weight
distribution, the front axle of a unit supplying motive power shall not be in-
cluded in the axle group. -
� The maximum axle and gross weights specified in this section are subject to
i the braking requirements set up for the service brakes upon any motor vehicle
or combination of vehicles as provided by law.
It is unlawful to operate upon the public highways any single unit vehicle,
supported upon three axles or more with a gross weight including load in excess
of forty thousand pounds or any combination of vehicles having a gross weight
in excess of eighty thousand pounds without first obtaining an additional ton-
nage permit as provided for in RCW 46.44.095: PROVIDED, That when a combination
of vehicles has purchased license tonnage in excess of seventy-two thousand
pounds as provided by RCW 46.16.070, such excess license tonnage may be applied
to the power unit sub�ect to limitations of RCW 46.44.042 and this section when
such vehicle is operated without a trailer.
It is unlawful to operate any vehicle upon the public highways equipped with
two axles spaced less than seyen feet apart, unless the two axles are so con-
structed and mounted in such a manner as to provide oscillation between the
two axles and that either one of the two axles will not at any one time carry
more than the maximum gross weight allowed for one axle specified in this section.
(Effective - July l, 1976)
Ch. 91, Sec. 1 Destruction of manufacturer�s serial number or other identifi-
cation mark--Penalty. Whoever knowingly buys, sells, receives, dispos,es of,
conceals, or has knowingly in his possession any vehicle, watercraft, camper,
or component part thereof, from which the manufacturer�s serial number or any
other distinguishing number or identification mark has been removed, defaced,
covered, altered, or destroyed for the purpose of concealment or misrepresenting
the identity of the said vehicle, watercraft, camper, or component part thereof
shall be guilty of a gross misdemeanor.
(Effective - July 1, 1976)
Ch. 91, Sec. 2 Impoundment of vehicle. (1) Any vehicle, watercraft, camper,
or any component part thereof, from which the manufacturerts serial number or
any other distinguishing number or identification mark has been removed, defaced,
covered, altered, obliterated, or destroyed, there being reasonable grounds to
believe that such was done for the purpose of concealing .or misrepresenting
identity, shall be impounded and held by the seizing law enforcement agency fo'r
the purpase of conducting an investigation to determine the identity of the
article or articles, and to determine whether it had been reported .stolen.
(2) Within five days of the impounding of any vehicle, watercraft, camper, or
component parC thereof, the law enforcement agency seizing the article or articles
21
shall send written notice of such impoundment by certified mail to all persons
known to the agency as claiming an interest� in the article or articles. The
seizing agency shall exercise reasonable diligence in ascertaining the names
and addresses of those persons claiming an interest in the article or articles.
Such notice shall advise the person of the fact of seizure, the possible dispo-
sition of the article or articles, the requirement of filimg a written claim
requesting notification of potential disposition, and the right of the person
to request a hearing to establish a claim of ownership. Within five days of
receiving notice of other persons claiming an interest in the article or articles,
the seizing agency shall send a like_notice to each such person. �
(3} If reported as stolen, the seizing law enforcement agency shall promptly
release such vehicle, watercraft, camper, or parts thereof as have been stolen,
to the person who is the lawful owner or the�lawful successor in interest, upon
receiving proof that such person presently owns or has a lawful right to the
possession of the article or" articles. "
(Effective - July 1, 1976)
Ch. 91, Sec. 3 Disposal of vehicle. Unless a claim of ownership to the arti-
cle or articles is established pursuant to section 4 of this act, the law en-
forcement agency seizing the vehicle, watercraft, camper, or component part
thereof may dispose of them by destruction, by selling at public auction to the
highest bidder, or by holding the article or articles for the official use of
the agency, when:
(1) The true identity of the article or articles cannot be established by
restoring the original manufacturer's serial�number or other distinguishing
numbers or identification marks or by any other means; -
(2) After the true identity of the article or articles has been established,
the seizing law enforcement agency cannot locate the person who is the lawful
owner or if such lawful owner or his successor in interest fails to claim the
article or articles within forty-five days after receiving notice from the seiz-
ing law enforcement agency that the article or articles is in its possession.
No disposition of the article or articles pursuant to this �ection .shall. be
undertaken until at least sixty days have elapsed from the date of seizure arid
written notice of the right to a hearing to establish a claim of ownership pur-
suant to section 4 of this act and of the potential disposition of the article
or articles shall have first been served upon the person who held possession •
or custody of the article when it was impounded and upon any other person who,
prior to the final disposition of the article, has notified the seizing law
enforcement agency in writing of a claim to ownership or lawful right to posses-
sion thereof.
(Effective - July 1, 1976) . �
Ch. 91, Sec. 4 Hearing to establish ownership of vehicle. (1) Any person
may submit a written request for a hearing to establish a claim of ownership
or right to lawful possession of the vehicle; watercraft, eamper; or component
part thereof seized pursuant to this section. ?
(2) Upon receipt of a request �for hearing, one shall be held before the chief
law enforcement officer of the seizing agency or his designee.
(3) Such hearing shall be held within a'reasonable time after receipt of a
request therefor. Reasonable investigative activities, including efforts to
22
1
establish the identity of the article or articles and the identity of the person
entitled to the lawful possession or custody of the article or articles shall
be considered in determining the reasonableness of the time within which a hear-
ing must be held.
(4) The hearing and any appeal therefrom shall be conducted in accordance
with chapter 34.04 RCW.
(5) The burden of producing evidence shall be upon the person claiming to be
the lawful owner or to have the lawful right of possession to the article or
articles.
(6) Any.person claiming ownership or right to possession of an article or arti-
cles subject to disposition under sections 2 through 5 of this act may remove
the matter to a court of competent jurisdiction if the aggregate value of the
article or articles involved is two hundred dollars or more. In a court hearing
between two or more claimants ,to the article or articles involved, the prevail-
ing party shall be entitled to judgment for costs and reasonable attorney's fees.
For purposes of this section the seizing law enforcement agency shall not be
considered a claimant.
(7) The seizing law enforcement agency shall promptly release the article
or articles to the claimant upon a determination by the hearing officer or court
that the claimant is the present lawful owner or is lawfully entitled to posses-
sion thereof.
(Effective - July 1, 1976)
Ch. 9I, Sec. 5 Release of vehicle. The seizing law enforcement agency may
release the article or articles impounded pursuant to this section to the person
claiming ownership without a hearing pursuant to section 4 of this act when such
law enforcement agency is satisfied after an appropriate investigation as to
the claimant`s right to lawful possession. If no hearing is contemplated as
provided for in section 4 of this act such release shall be within a reasonable
time following seizure. Reasonable investigative activity, including efforts
to establish the identity of the article or articles and the identity of the
person entitled to lawful possession or custody of the article or articles shall
be considered in determining the reasonableness of the time in which release
must be made. !
(Effective - July 1, 1976)
Ch. 91, Sec. 6 Assignment of identification number prior to release. An
identification number shall be assigned to any article impounded pursuant to
section 2 of this act in accordance with the rules promulgated by the department
of motor vehicles prior to:
(1) The release of the article from the custody of the seizing agency; or
(2) The use of the article by the seizing agency<
(Effective - July 1, 1976)
23
I
FOR INFORMATIONAL PURPOSES ONLY----NOT FOR ADOPTION BY REFERENCE
MAKING LESSER TRAFFIC LAW VIOLATIONS PUNISHABLE ONLY BY MONETARY FINES AND NOT
BY JAIL SENTENCES '
Ch. 95, Sec. 1 Laws of 1975-76, 2nd Ex. Sess. (Amends RCW 46:61.010) '
Failure to perform any act required in this chapter or performance of any act
forbidden by this chapter or violation of any local ordinance relating to traffic,
parking, standing, stopping, and pedestrian offenses is a misdemeanor. A misde-
meanor under this chapter shall be punishable by imposir_iori of a fine not to
exceed two hundred fifty dollars, and shall not be punishable by confinement
in any jail or correctional institution: PROVIDED, That offenses described
in the following sections of RCW shall be classified and punishable as prescrib-
ed by this Title and where the offense is classified as a misdemeanor and no
specific penalty is prescribed shall be punishable by .imprisonment in the county
jail for a maximum term of not more than 90 days or by a fine of riot more than
five hundred dollars or by both such imprisonment and fine:
RCW 46.20.342 Relating to driving while. license suspended or�revoked:'
RCW 46.52.010 Relating to d�uty on striking unattended car or other property:
RCW 46.52.020 Relating to duty in case of injury to or death of person or
damage to attended vehicle:
RCW 46.61.500 Relating to reckless driving:
RCW 46.61.506 Relating to persons under influence 'of intoxicating liquor or
drugs:
RCW 46.61.520 Relating to negligent 'homicide by mbtor vehicle--=Penalty:
RCW 46.61.530 Relating to racing of vehicles on highways--Reckless driving:
RCW 46.61.535 Relating to advertising of uniawful speed attained--Reckless
driving. '
(Effective - March 13, 1976) ' .
24
a. `.r ./ O�.►D
^
I o?cop,�s otishEc �-
eP'� ��
�
SUPPLEMENT II TO
WA5HINGTON 1VIODEL TRAFFIC ORDINANCE I
(For Cities and Towns)
TO BE INSERTED IN FRONT OF
INFORMATION BULLETIN NO. 367
MLTNICIPAL RESEARCH AND SERVICES CENTER
OF WASHINGTON
IN COOPERATTON WITH
ASSOCIATION OF WASHINGTON CITIES
Supplement II to
Information Bulletin
No. 367 August 1978
4719 Brooklyn Ave. N.E.
Box No. C-5373
Seattle, Washington 98105
$2.00
�
I . .
MUNICIPAL RESEARCH AND SERVICES CENTER OF WASHINGTON
in coopera,tion with
ASSOCIATION OF WASHINGTON CITIES
4719 BROOKLYN AVENUE N.E. • CALLER NO. C-5373 • SEATTLE, WASHINGTON 98105 • TELEPHONE 206 - 543-9050
Contents
Page
1. RCW Sections Adopted by Reference in the
[�Tashington MTO That Were Amended at the 1977 5
Regular or lst Ex. Sess. of the Legislature. . ... .. .. .. .. .. . . .. . .. . . .
2. RCW Sections Adopted by Reference in the
Washington MTO That Were Repealed at the 1977
Regular or lst Ex. Sess. of the Legislature. . . .. .... ... .. . . .. .. . . .. . 6
3. New Traffic Statutes Enacted at the 1977
Regular or lst Ex. Sess. of the Legislature
That Will Be Recommended to the Legislature
for Adoption by Reference in the Washington
MTO at the 1979 Session of the Legislature. .. . ...... . . . . . . . . .. . . . . . . 7 ,
4. Text of RCW Sections as Amended by the 1977
Regular or lst Ex. Sess. of the Legislature,
Which RCW Sections Had Been Previously
Adopted by Reference in the Washington PTTO
(Re: Item l. above) .. ....... . . .. ... .. . . . ......... ..... . .. . . . . . . . .. . 9
5. Text of New Traffic Statutes That [Jere Enacted at the
1977 Regular or lst Ex. Sess. of the Legislature
(Re: Item 3. above) .. . ..... . .. . . . . . . . . . . . . .. . . . .... . . . . . . . .. . . . . .. . 36
T0: CITY OFFICIALS
I. Legislation enacted at the 1977 Regular and First Extraordinary Session
of the Legislature amended the following RCW Sections that were adopted
by reference in the Washington MTO:
RCW Section Chapter and Section from 1977 Page(s) on which amended
Amended Regular or lst Ex. Sess. that RCW Section is located
amended the corresponding RCW either in Info. Bull. No.
Section in the left-hand 367 or in Supp. I to Info.
column Bull. No. 367 �
46.04.302 . . Ch. 22, Sec. 1, lst Ex. Sess. . . . . . . 21
46.04.500 . . Ch. 24, Sec, l, Reg. Sess. . . . . . . . . 23
46.16.010 . . Ch. 148, Sec, l, lst Ex. Sess. . . . . . . 27
46.20.031 . . Ch. 162, Sec. 1, lst Ex. Sess. . . . . . . 32-33
46.37.010 . . Ch. 355, Sec. 1, lst Ex. Sess. . . . . . . 36-37
46.37.020 . . Ch. 355, Sec. 2, lst Ex. Sess. . . . . . . 37
46.37.030 . . Ch. 355, Sec. 3, lst Ex. Sess. . . . . . . 37
46.37.040 . . Ch. 355, Sec. 4, lst Ex. Sess. . . . . . . 37
46.37.050 . . Ch. 355, Sec. 5, lst Ex. Sess. . . . . . . 37
46.37.060 . . Ch. 355, Sec. 6, lst Ex. Sess. . . . . . . 37-38
46.37.070 . . Ch. 355, Sec. 7, lst Ex. Sess. . . . . . . 38
46.37.080 . . Ch. 355, Sec. 8, lst Ex. Sess. . . . . . . 38
46.37.090 . . Ch. 355, Sec. 9, lst Ex. Sess. . . . . . . 38-39
46.37.110 . . Ch. 355, Sec. 10, lst Ex. Sess. . . . . . . 39
46.37.120 . . Ch. 355, Sec. 11, lst Ex. Sess. . . . . . . 39
46.37.140 . . Ch. 355, Sec. 12, lst Ex. Sess. . . . . . . 39-40
46.37.150 . . Ch. 355, Sec. 13, lst Ex. Sess. . . . . . . 40
46.37.160 . . Ch. 355, Sec. 14, lst Ex. Sess. . . . . . . 40
46.37.170 . . Ch. 355, Sec. 15, lst Ex. Sess. . . . . . . 40-41
46.37.200 . . Ch. 355, Sec. 17, lst Ex. Sess. . . . . . . 42
46.37.210 . . Ch. 355, Sec. 18, lst Ex. Sess. . . . . . . 42-43
46.37.220 . . Ch. 355, Sec. 20, lst Ex. Sess. . . . . . . 43
46.37.240 . . Ch. 355, Sec. 21, lst Ex. Sess. . . . . . . 43
46.37.260 . . Ch. 355, Sec. 22, lst Ex. Sess. . . . . . . 44
46.37.270 . , Ch. 355, Sec. 23, lst Ex. Sess. . . . . . . 44
46.37.280 . . Ch. 355, Sec. 24, lst Ex. Sess. . . . . . . 44
46.37.290 . . Ch. 45, Sec, l, Reg. Sess. . . . . . . . . 44
46.37.340 . . Ch. 148, Sec. 2, lst Ex. Sess. . . . . . . 45-46
46.37.340 . . Ch. 355, Sec. 27, lst Ex. Sess. . . . . . . 45-46
46,37.360 . . Ch. 355, Sec. 28, lst Ex. Sess. . . . . . . 47
46.37.365 . . Ch. 355, Sec. 29, lst Ex. Sess. . . . . . . 47
46.37.380 . . Ch. 355, Sec. 32, lst Ex. Sess. . . . . . . 48
46.37.390 . . Ch. 355, Sec. 33, lst Ex. Sess. . . . . . . 48
46.37.400 . . Ch. 355, Sec. 34, lst Ex. Sess. . . . . . . 48
46.37.410 . . Ch. 355, Sec. 35, lst Ex. Sess. . . . . . . 48-49
46.37.425 . � Ch. 355, Sec. 37, lst Ex. Sess. . . . . . . 49
46.37.440 . . Ch. 355, Sec. 38, lst Ex. Sess. . . . . . . 50
46.37.480 , , Ch. 355, Sec. 40, lst Ex. Sess. . . . . . . 51
(Contd. on next �age)
5
� .
, i
46.37.500 . . Ch. 355, Sec. 41, lst Ex. Sess. . . . . . . 51
4E�3>.510 . . Che 355;, fiec� 42, lst Ex. Sess. . . . . . . 51-52
46.37.530 . . Cho 355, Sec. 55, lst Ex. Sess. . . . . . . 52
46.37.535 . . Ch. 355, Sec. 56, lst Ex. Sess. . . . . . . 52
46.44.020 . . Ch. 81, Sec. 1, Reg. Sess. . . . . . . . . 10-11 of Supp.*
46.44.030 . . Ch. 64, Sec. 1, lst Ex. Sess. . . . . . . . 7 of Supp.
46.44.041 . . Ch. 81, Sec. 2, Rego Sess. . . . . . . . . 19-21 of Supp,
46.44.090 . . Ch. 151, Sec. 30, lst Ex. Sess. . . . . . . 13 of Supp.
46.44.091 . . Ch. 151, Sec. 31, lst Ex. Sess. . . . . . . 13-14 of Supp.
46.44.092 . . Ch. 151, Sec. 32, lst Ex. Sess. . . . . . . 14-15 of Supp.
46.44.095 . . Ch. 151, Sec. 33, lst Ex. Sess. . . . . . . 15-16 of Supp.
46.52.030 . . Ch. 369, Sec. 2, lst Ex. Sess. . . . . . . 65
46.52.030 . . Ch. 68, Sec. l, lst Ex. Sess. . . . . . . 65
46.61.350 . . Ch. 78, Sec. 1, Reg. Sess. . . . . . . . . 75-76
46.61,415 . . Ch. 151, Sec. 36, lst Ex. Sess. . . . . . . 77-78
46.61.425 . . Ch. 151, Sec. 37, lst Ex. Sess. . . . . . . 78
46.61.450 . . Ch. 151, Sec. 39, lst Ex. Sess. . . • . • . 79
46.61.515 . . Ch. 3, Sec. 3, lst Ex. Sess. . . . . . . . 80-81
46.61.560 . . Ch. 24, Sec. 2, Reg. Sess. . . . . . . . . 81
46.61.570 . . Ch. 151, Sec. 40, lst� Ex. Sess. . • • • • • 81-82 '�
46.61.575 . . Ch. 151, Seco 41, lst Ex. Sess. . . . . . . 82
46.61.670 . . Ch. 39, Sec. 2, l�t Ex. Sess. . . . • • • 84 'I
46.80.010 . . Ch. 253, Sec. 2, 1st �Ex. Sess. . . . . . . 86 �
60.04.020 . . Ch. 57, Sec. 1, lst Ex. Sess. . . • • • • • 89 ''
*Supp. refers to Supplement I to Information Bulletin No. 367, Washington
Model Traffic Ordinance, issued June l, 1976
II. The following RCW Sections that were adopted by reference in the
Washington MTO r.ave been repealed;
RCW Section Chapter and Section from 1977 Page(s) on which repealed
Repealed Regular or lst Ex. Sess. that RCW Section is located
repealed the corresponding RCW in Info. Bull. No. 367
Section in the left-hand
column
46.08.060 Ch. 319, Sec. 9, lst Ex. Sess. 25
46.160106 Ch. 22, Sec. 9, lst Ex. Sess. 28
46.37.250 Ch. 355, Sec. 54, lst Ex. Sess. 43-44
46.37.370 Ch. 355, Sec. 54, lst Ex. Sess. 47-48
III. The following new traffic statutes that were enacted at either the 1977
Regular or First Extraordinary Session of the Legislature will be
recommended for adoption by reference in the Washington MTO at the 1979
session of the legislature:
6
New traffic statutes enacted at the Chapter and Section from 1977
1977 legislative sessions that will Regular or lst Ex. Sess. that
be recommended for adoption by enacted the corresponding RCW
reference in the MTO Section in the left-hand column
RCW 46.37.196 0 . . . . . . . . . . . . Ch. 355, Sec. 16, lst Ex. Sess.
46.37.215 . . . . . . . . . . . . . Ch. 355, Sec. 19, lst Ex. Sess.
46.37.369 . . . . . . . . . . . . . Ch. 355, Sec. 30, lst Ex. Sess.
46.37.375 . o . . . . . . . . . . . Ch. 355, Sec. 31, lst Ex. Sess.
46.37.465 . o . . . . . . . . . . . Ch. 355, Sec. 39, lst Ex. Sess.
46.37.513 . . . . . , . . , o . . . Ch. 355, Sec. 43, lst Ex. Sess.
46.37.517 . . . . . . . . . . . . . Ch. 355, Sec. 44, lst Ex. Sess.
46037.522 . . . . . . . . . . . . . Ch. 355, Sec. 45, lst Ex. Sess.
46.37.523 . . . . , . . o . . . . . Ch. 355, Sec. 46, lst Ex. Sess.
46.37.524 . . . . . . . . . . . . . Ch. 355, Sec. 47, lst Ex. Sess. i
46,37.525 . . . . . . . . . . . . . Ch. 355, Sec. 48, lst Ex. Sess. ,
46.37.527 . . . . , . . . . o . . . Ch. 355, Sec. 49, lst Ex. Sess.
46037.528 . . . . . . . . . . . . o Ch. 355, Sec. 50, lst Ex. Sess.
46037.529 . . . . , o . . . . . . . Ch. 355, Sec. 51, lst Ex. Sess.
46.37.537 , , o . . . . . . . . . . Ch. 355, Sec. 52, lst Ex. Sess.
46.37.539 . . . . . . . . . . . . . Ch. 355, Sec. 53, lst Ex. Sess.
46.44.170 , , , , , , , , , , , , , Ch. 22, Sec. 2, lst Ex. Sess.
46.44.173 . . . . . . . . . . . . . Ch, 22, Sec. 3, lst Ex. Sess.
46.44.175 0 . . , . . . . . . . . . Ch. 22, Sec, 4, lst Ex. Sess.
46.61.428 . . . . . . . . . . . . . Ch. 39, Sec. 1, lst Ex. Sess.
It is provided in RCW 46.90.010 that the addition of any new section, or the
amendment or repeal of any section of the MTO by the State Legislature also
automatically serves to amend any municipal ordinance which has adopted by
reference the MTO or any part of the MTO. Therefore, no legislative action is
required by a city in regard to the above-outlined amendments and repeals to
the MTO. However, in order to maintain an accurate current record of the
statutes in their amended form on file with the city clerk, the following action
is necessary with respect to Information Bulletin No. 367 and Supplement I
to Information Bulletin No. 367:
With respect to the statutes referred to above under I. , an "X" should be
placed through the RCW sections on the pages on which they appear in Information
Bulletin No. 367 or in Supplement I to Information Bulletin No. 367 that are
on file with the city or town clerk. Enclosed is a copy of the text of the
amended RCG1 statutes listed above under I. Interested cities and towns may
obtain the copies of this Supplement No. II that are needed to comply with
the adoption by reference statutes (RCW 35.21.180, 35A.12.140, and 35A.13.180)
from the Municipal Research and Services Center of Washington. Attention:
Publications Clerk.
With respect to the repealed statutes referred to above under II. , an "X"
should be placed through the RCW sections on the pages on which they appear
in Information Bulletin No. 367 that are on file with the city or town clerk.
7
With respect to the new motor vehicle (traffic) statutes referred to above
under III. , a bill has been prepared for introduction in the 1979 session
of .the legislature which will provide for amending the MTO by adopting by
reference these new motor vehicle statutes. This bill includes the new traffic
statutes that were enacted at the 1977 Regular or First Extraordinary Session
of the legislature. If this bill is enacted at the 1979 legislative session
of the legislature, then because of RCW 46.90.010 of the MTO, each municipality
which has adopted the MTO would have its own ordinance automatically amended
so as to be in conformity with that bill as enacted by the legislature. No
amendment to the municipal traffic ordinance would be required unless a muni-
cipality elects not to include certain of these additional motor vehicle
statutes in its MTO.
An alternative course of action for a city if it does not desire to wait for
the legislature to enact this bill, would be to amend its traffic ordinance,
assuming that it has enacted an ordinance adopting the Washington MTO, to
adopt by reference the new traffic statutes listed under III. above that were
enacted at the 1977 legislative sessions. Three copies of these new traffic
statutes thus adopted by reference under this course of action would have to
be filed with the city or town clerk.
Thus, although the legislative body of a municipality need not take any
legislative action in order to provide for an up-to-date version. of the MTO
which reflects the changes enacted at the 1977 legislative session, (unless,
as indicated above, a municipality elects not to include certain 1977 traffic
statutes in its MTO) in order to maintain an accurate record of the MTO
adopted by the municipality, and in order that interested citizens may know
what the current MTO of a municipality contains, it is important that three
copies of Supplement No. 2 to Information Bu�letin No. 367 be filed with the
city or town clerk.
8
TEXT OF RCW SECTIONS AS AMENDED BY EITHER THE 1977 REGULAR OR
FIRST EXTRAORDINARY SESSION OF THE LEGISLATURE, WHICH RCW SECTIONS
HAD BEEN PREVIOUSLY ADOPTED BY REFERENCE IN THE WASHINGTON MODEL
TRAFFIC ORDINANCE (CH. 46.90 RCW) :
46.04.302 Niobile home. "Mobile home" ►neans a auxiliary to the use of and designed or modified for the
structure, transportable in one or more sections, which.is fueling, repairing or loading of spray and fertilizer
thirty-two body feet or more in length and is eight body applicator rigs and not used, designed or modiCed pri-
feet or more in width, and which is built on a permanent marily for the purpose of transportation: Provided fur-
chassis, and designed to be used as a dwelling with or ther, That these provisions shall not apply to fork lifts
without a permanent foundation when connected to the operated during daylight hours on public highways adja-
required utilities, and inc(udes the plumbing, heating, cent to and within �ve hundred feet of the warehouses
air-conditioning, and e�ectrical systems contained Which they serve: Provided further, That these pro��isions
therein, except as hereinafter specifically excluded, and shall not apply to equipment defined as follows: ,
excluding modular hom.:s. [1977 Ist ex.s. c 22 § 1; 1971 °Special highway construction equipment" is any
ex.s. c 231 § 4.J vehicle which is designed and used primarily for grading
of highways, paving of hi�hways, earth moving, �.nd
�EffeCtive - May 6� 1977) other construction work on highways and which is not '
designed or used primarily for the transportation of per-
sons or property� on a public highway and which is only !
46.04.500 Roadway. "Roadway" means that por- incidentally operated or moved over the highway. It I
tion of a highway improved, designed, or ordinarily used includes, but is not limited to, road construction and
for vetiicular travel, exclusive of the sidewalk or shoulder maintenance machinery so designed and used such as
even though such sidewalk or shoulder is used by persons portable air compressors, air drills, asphalt spreaders,
I riding bicycles. In the event a highway includes two or bituminous mixers, bucket loaders, track laying tractors,
more separated roadways, the term "roadway" shatl ditchers, leveling graders, finishing machines, motor
re;cr to any such roadway separately but shail not refer graders, paving mixers, road rollers, scarifiers, earth
to all such roadways collectively. [1977 c 24 § 1; 1961 c moving scrapers and carryalls, liohting plants, welders,
12 § 46.04.500. Arior: 1959 c 49 § 54; prior: (i) 1943 c pumps, power shovels and draglines, self-propelled and
153 § i, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § tractor-dra�vn earth moving equipment and machinery,
6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, including dump trucks and tractor-du►np trailcr combi- '
part.] nations which either (1).are in excess of the Iegal width I
or (2) which, because of their length, height or unladen
�Effective - MarCh 17, 1977� :��cight, may not be moved on a public highway without
the permit specified i� RCW 46.44.090 and which are
not operated laden except within the boundaries of the
46.16.010 Licenses and pintes required Excep- pro;cct limits as defined by the contract, and other simi-
tions. It shall be unlawful for a person to operafe any lar typrs of construction equipment, or (3) which are
vehicle over and along a public highway of this state driven or nio��ed upon a public highway only for the
without first having obtained and having in full force purpose of crossing such highway from one property to
and effect a current and proper vehicle license and dis- anether, provided such movement does not exceed five
play vehicle license number plates therefor as by this hundred feet and the vehicle is equipped with wheels or
chapter provided: Provided, That these provisions shalt F�ds which wili not damage the roadway surface.
not apply to farm 4ehicle as defined in RCW 46.04.181 Exclusions:
if operated within a radius of fifteen miles of the farm "Special high�vay construction equipment" does not
where principally used or garaged, farm tractors and include any of the following:
farm implements including trailers designed as cook or Dump trucks originally designed to comply with the
bunk houses used exclusicely for animal herding tempo- legal size and weight provisions of this code notwith-
rarily operating or drawn upon the public highways, and standing any subsequent modification which would
trailers used exclusively to transport farm implements require a permit, as speci�ed in RCW 46.44.090, to
from one farm to another during the daylight hours or at operate such vehicles on a public highway, including
night when such equipment has lights that comply with trailers, truck-mounted traasit mixers, cranes and shov-
the law: Provided further, That these provisions shall not els, or other vehicles designed for the transpurtation of
apply to spray or fertilizer applicator rigs designed and persons or property to which machinery has bren
used exclusively for sprayin� or fertilization in the con- attached. [1977 lst ex.s. c l48 § 1; 1973 lst ex.s. c 17 §
duct of agricultural operations and not primarily for the 2; 1972 ex.s. c 5 § 2; ]969 c 27 § 3; 1967 c 202 § 2;
purpose of transportation, and nurse rigs or equipment 1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32; 1961 c 12 §
� 9
40.16.010. Prior: 1955 c 265 § 1; 1947 c 33 § 1; 1937 c 46.37.O10 Scope and effect of regulations---Gen-
18S § 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 § 5; eral penatt��. (1) It is a misdemeanor for any person to
RR5 § 6324.] drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway any vehi-
(Effective — September 21� 1977� cle or combination of vehicles which is in such unsafe
condi_ion as to endanger any person, or which does not
contain those parts or is not at al( times equipped with
46.20.031 Persons ineligible to be licensed. ?he such ]amps and other equipment in proper condition and
department shall not issue a driver's license hereunder: adjustment as required in this chapter or in regulations
(1) To any person who is under the age of sixteen issued by the state commission on equipment, or which is
years; equipped in any manner in violation of this chapter or
(2) To any person �vhose license has been suspended the commission's regulations, or for any person to do any
during such suspension, nor to any person whose license act forbidden or fail to perform any act required under
has been revoked, except as provided in RC�V 46.20.311; this chapter or the commission's regulations.
(3) To any person �vhen the department has been (2} Nothing contained in this chapter or the commis-
notified by a court that such person has violated his sion's regulations shall be construed to prohibit the use
�ti�ritten promise to appear in court, unless the depart- of additional parts and accessories on any vehicle not
ment has received a certificate from the court in which ; inconsistent with the provisions of this chapter or the
such person promised to appear, showing that the case commission's regulations.
has been adjudicated. The deposit of bail by a person (3) The provisions of the chapter and the commis-
charged with a violation of any law regulating the oper- sion's regulations with respect to equipment on vehicles
ation of motor vehicles on highways shall be deemed an shali not apply to implements of husbandry, road
appearance in court for the purpose of this section; macninery, road roliers, or farm tractors except as
(4) To any person who (a) is an habitual user of nar- herein made applicable.
cotic drugs, or is an habitual user of any other drug to a (�3) No owner or operator of a farm tractor, self—pro-
degree which renders him incapable of safely driving a relled unit of farm equipment, or implement of hus-
motor vehicle; or (b) habitually lacks self--control as to bandr}• shall be guilty of a crime or subject to penalty
the use of alcoholic beverages, or uses alcoholic bever- for violation of RCW 46.37.160 as now or hereafter
ages to the extent that his health is substantially amended unless such violation occurs on a public
impaired or endangered or his social or economic func- highway.
tion is disrupted so as to constitute a danger to other (5) It is a misdemeanor for any person to sell or offer
persons or property: Provided, That a license may be for sale vehicle equipment which is required to be '
issued if the department determines that such person is approved by the commission on equipment as prescribed
participatino in an alcoholism recovery program accept- in RCW 46.37.005 unless it has been approved by the
able to the department and has established contro] of his state commission on equipment.
alcoholic condition; (6) The provisions of this chapter with respect to
(5) To any person who has previously been adjudged equipment required on vehicles shall not apply to motor-
to be mentally ill or insane, or to be incompetent due to cycles or motor�lriven cycles except as herein made
an�� mental disability or disease, and who has not at the applicable. [1977 lst ex.s. c 355 § 1; 1963 c 154 � 1;
time of application been restored to competency by the 1961 c 12 § 46.37.010. Prior: 1955 c 269 § 1; prior: 1937
methods provided by law: Provided, however, That no c 189 § 14, part; RRS § 6360-14, part; RCW 46.40.010,
person so adjudged shali be denied a license for such Part; 1929 c 178 § 2; 1927 c 309 § 19; 1921 c 96 § 22,
cause if the superior court should find him able to oper- Part; 1919 c 59 § 10, part; 1917 c 1 SS § I 5, part; 1915 c
ate a motor vehicle with safety upon the highways dur- 142 § 21, part; RRS § 6362-19.]
ing such incompetency; �EffeCtive — September 21, 1977�
(6) Z'o any person who is required by this chapter to
take an examination, unless such person shall have suc-
cessfutly passed such examination;
(7} To any person who is required under the laws of 46.37.020 When lighted lamps and signaling devices
this state to deposit proof of financial responsibility and are required. Every vehicle upon a highway within this
who has not deposited such proof; state at any time from a half hour after sunset to a half
(8) To any person when the department has good and hour before sunrise and at any other time when, due to
substantial evidence to reasonably conclude that such �nsufficient light or unfavorable atmospheric conditions,
person by reason of physical or mental disability would persons and vehicles on the highway are not clearly dis-
not b� able to operate a motor vehicle with safety upon cernible at a distance of one thousand feet ahead shall
the highways; subject to review by a court of competent display lighted head lights, other lights, and illuminating
jurisdiction. [1977 lst ex.s. c l62 § 1; 1965 ex.s. c 121 § devices as hereinafter respectively required for different
4.� classes of vehicles, subject to exceptions with respect to
(Effective — September 21� 1977)
10
parked vehicles, and such stop lights,-turn signals, and 46.37.050 Tail lamps. (1) After January 1, 1964,
other signaling devices shall be lighted as prescribed for
the use of such devices. [1977 lst ex.s. c 3S5 § 2; 1974 every motor vehicle, trailer, semitrailer, and pole trailer,
ex.s. c 124 § 2; 1963 c 154 § 2; 1961 c 12 § 46.37.020. and any other vehicle which is being drawn at the end of
Prior: 1955 c 269 § 2; prior: 1937 c 189 § 14, part; RRS a combination of vehicles, shal] be equipped with at least
§ 6360-14, part; RCW 46.40.O10, part; 1929 c 178 § 2; tw�o tail lamps mounted on the rear, which, when lighted
1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10, as required in RCW 46.37.020, shall emit a red light
part; 1917 c 15S § I5, part; 1915 c 142 § 21, part; RRS P�ainly visible from a distance of one thousand feet to
§ 6362-19.J the rear, except that passenger cars manufactured or
(Effective — September 21, 1977) assembled prior to January 1, 1939, shall have at least
one tail lamp. On a combination of vehicles only the taii
lamps on the rearmost vehicle need actually be seen
from the distance specified. On vehicles equipped with
more than one tail lamp, the lamps shall be mounted on
the same level and as widely spaced laterally as
46.37.030 Visibility distance and mouated height of Practicable.
lamps. (1) Whenever requirement is hereinafter declared �2� E��ery tail lamp upon cvery vehicle shall be located
as to distance from which certain lamps and devices at a height of not more than seventy—two inches nor less
shall render objects visible or within which such lamps than fifteen inches:
or devices shall be visible, said provisions shall appl.y (3) Either a tail lamp or a separate lamp shall be so
during the times stated in RCW 46.37.020 in respect to constructed and placed as to illuminate with a �vhite
a ��ehicle without load when upon a straight, level, ���ht the rear registration plate and render it cleariy leg-
unlighted highway under normal atmospheric conditions ible from a distance of fifty feet to the rear. Any tail
unless a different time or condition is expressly stated. ]arnp or tail lamps, togetl�er with any separate lamp or �
(2) ��'henever requirement is hereinafter declared as �amps for illuminating the rear registration plate, shall
to the mounted height of lamps or deviees it shall mean be so wired as to be lightcd «•henever the head lamps or
from the center of such lamp or device to the level auxiliary driving lamps are lighted. [1977 ]st ex.s. c 355
ground upon which the vehicle stands when such vehicle § 5; 1963 c 154 � 3; 1961 c 12 § 46.37.050. Prior: 1955
. is �vithout a load. c 269 § �; prior: 1947 c 267 § 2, part; 1937 c 189 § 16,
' (3) \o additional lamp, reflective device, or other part; Rem. Supp. 1947 § 6360-16, part; RCW 46.40-
motor vehicle equipment shall be added which impairs ,030, part; 1929 c 178 § 7; 1927 c 309 § 27; RRS §
the effectiveness of this standard. [1977 I st ex.s. c 355 § 6362-27; 1921 c 96 § 22, part; 1919 c 59 § 10, part;
3; 1961 c 12 § 46.37.030. Prior: 1955 c 269 § 3; prior: 1917 c I5� § 15, part; 1915 c 142 § 21, part.]
1937 c .189 § 14, part; RRS § 6360-14, part; RCW
46.40.010, part.j
(r'��'e��ive - �e�ten�ber. 2I., �a7�)
I (Effective - September �1R ��'�7}
46.37.060 Refleetors. (I) Every motor vehicle,
trailer, semitrailer, and pole trailer shall carry on the
rear, either as a part of the tail lamps or separate]y, two
46.37.040 Head lamps on motor vehicles. (1) Every or more red ref7ectors meeting the requirements of this
motor vehicle shall be equipped with at least two head section: Provided, however, That vehicles af the types
lamps ��ith.at least one on each side of the front of the mentioned in RCW 46.37.090 shall be equipped with
motor ��ehicle, which head lamps shall comply �vith the reflectors meeting the requirements of RCW 46.37.110
requirements and limitations set forth in this chapter. and 46.37.120.
(2) E��ery head lamp upon every motor vehicle shall (2) Every such reflector shall be mounted on the
be located at a height measured from the center of the vehicle at a height not less than fifteen inches nor more
head lamp of not more than fifty—four inches nor less than seventy—two inches measured as set forth in RCW
than twenty—four inches to be measured as set forth in 46.37.030(2), and shall be of such size and characteris-
RCW 46.37.030(2). [1977 lst ex.s. c 355 § 4; 1961 c 12 tics and so rnounted as to be visible at night from all
§ 46.37.040. Prior: 1955 c 269 § 4; prior: 1937 c l89 § distances within six hundred feet to one hundred feet
l5; RRS � 6360-15; RCW 46.40.020; 1933 c 156 § 1, from such vehicle when directly in front of lawful upper
part; 19?9 c 1 y8 § 3, part; 1927 c 309 §§ 20, part, 24; beams of head lamps, except that reflectors on vehicles
1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c I55 § manufactured or assembled prior to January 1, 1970,
15, part: 1915�c 142 § 21., part; RRS §� 6362-20, part, shall be visible at night from all distances within three
6362-24.J hundred and fift�� feet to one hundred feet �vhen directly
(Effeet�ve - "ep�emt�er 2�s ��'�"�� in front of lawful upper beams of head lamps. [1977 lst
`" ex.s. c 355 § 6; 1963 c 154 § 4; 1961 c 12 § 46.37.060.
11
Prior: 1955 c 269 § 6; prior: 1947 c 267 § 2, part; 1937 c 46.37.090 Additional equipment required on certain
189 § 16, part; Rem. Supp. 1947 § 6360-16, part; RCW vehicles. In addition to other equipment required in
46.40.030, part.] RCVV 46.37.040, 46.37.050, 46.37.060, and 46.37.070,
�Effective - September 21, 19?7� the follo�ving vehicles shall be equipped as herein stated
under the conditions stated in RC�V 46.37.080, and in
addition, the reflectors elsewhere enumerated for such
vehicles shall conform to the requirements of RCW
46.37.07Q Stop lamps and turn signals required. (1) 46.37.120(1).
After January I, 1964, every motor vehicle, trailer, sem- �1) Buses, trucks, motor homes, and motor vehicles
itrailer, and pole trailer shall be equipped with two or �vith mounted campers eighty inches or more in over-all
more stop lamps meeting the requirements of RCW K'�dth:
46.37.200, exeept that passenger cars manufactured or �a) On the front, two clearance lamps, one at each
assembled prior to January 1, 1964, sha11 be equipped side, and on vehicles manufactured or assembled after
with at least one such stop lamp. On a combination of January 1, 1964, three identification lamps meeting the
vehicles, only the stop lamps on the rearmost vehicle specifications of subdivision (6) [(7)J of this section;
need actuall}� be seen from the distance speci�ed in �b) On the rear, two clearance lamps, one at each
RCW 46.37.200(I). side, and after January 1, 1964, three identification
(2) After 3anuary l, 1960, every motor vehicle, �amps meeting the speci�cations of subdivision (6) [(7)J
trailer, semitrailer and pole trailer shall be equipped of this section;
with electric turn signal lamps meeting the requirements �c) On each side, two side marker lamps, one at or
of RCW 46.37.200(2), except that passenger cars, trail- near the front and one at or near the rear;
ers, semitrailers, pole trailers, and trucks less than eighty �d) On each side, two reflectors, one at or near the
inches in width, manufactured or assembled prior to front and one at or near the rear.
January 1, 1953, need not be equipped with electric turn �?) Trailers and semitrailers eighty inches or more in
signal lamps. [1977 1 st ex.s. c 355 § 7; 1963 c 154 § 5; over-all width:
196I c 12 § 46.37.070. Prior: 1959 c 319 § 32; 1955 c (a) On the front, two clearance lamps, one at each
269 § 7; prior: 1953 c 248 § 2, part; 1947 c 267 § 4, side;
part; 1937 c 189 § 23, part; Rem. Supp. 1947 § (b) On the rear, two clearance lamps, one at each
63b0-23, part; RC�V 46.40.090, part; 1929 c 178 § 1, side, and after January 1, 1964, three identification
part; 1927 c 309 § 15, part; RRS � 6362-I5, part.] lamps meeting the speci�cations of subdivision (6) [(7)J
of this section;
�Effective - September 21, 19?7) (c) On each side, two side marker lamps, one at or
near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the
front and one at or near the rear: Provided, That a
mobile home as defined by RCW 46.04.302 need not be
equipped with two side marker lamps or two side reflec-
46.37.080 Application of succeeding sections. Those tors as required by subsection (2) (c) and (d) of this
sections of this chapter which follo�v immediately, section while operated under the terms of a special per-
including RC�V 46.37.090, 46.37.100, 46.37.110, 46.37- mit authorized by RCW 46.44.090.
.1"_'0, and 46.37.130, relating to clearance lamps, marker (3) Truck tractors:
lamps, and re�7ectors, shal( apply as stated in said sec- On the front, two cab clearance lamps, one at each
tions to �•ehicles of the type therein enumerated, namely side, and on vehicles manufactured or assembled after
buses, trucks, truck tractors, and trailers, semitrailers, January 1, 1964, three identification tamps meeting the
and pole trailers, respectively, when operated upon any specifications of subdivision (6) [(7)J of this section.
highway, and said vehicles shall be equipped as required (4) Trailers, semitrailers, and pole trailers thirty feet
and all lamp eq.uipment required shall be lighted at the or more in over-all length: ,
times,mentioned in RCW 46.37.020. For purposes of the On each side, one amber side marker lamp and one �
sections enumeraied above, a camper, when mounted amber reflector, centrally loeated with respect to the
upon a motor vehicle, shall be considered part of the length of the vehicle: Provided, That a mobile home as
permanent structure of that motor vehicle. [1977 lst defined by RCW 46.Oa.302 need not be equipped with I
exs. c 3S5 § 8; 1963 c 154 § 6; 1961 c 12 § 46.37.080. such side marker lamp or reflector while operated under �I
Prior: 19�5 c 269 § 8; prior: 1947 c 267 § 3, part; 1937 c the terms of a special germit authorized by RCW '
189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW 46.44.090. '
46.40.040, part.] (5) Pole trailers: I�
(a) On each side, one amber side marker lamp at or
(Effective - September 21 , 197?) near the front of the load;
(b) One amber reflector at or near the front of the
load;
12
�
(c) On the rearmost support for the load, one combi- mounting of front clearance lamps results in such lamps
nation marker lamp showing amber to the front and red failing to indicate the extreme width of the trailer, such
to the rear and side, mounted to indicate maximum �amps may be mounted at optional height but must
width of the pole trailer. indicate, as near as practicable, the extreme width of the
(6) Boat trailers eighty inches._or more in overall trailer. Clearance lamps on truck tractors shall be
width: located so as to indicate the extreme width of the truck
(a) One on each side, at or near the midpoint, one tractor cab. Clearance lamps and side marker lamps
clearance lamp performing the function of both a front may be mounted in combination provided illumination is
and rear clearance lamp; gi�-en as required herein with reference to both: Pro-
(b) On the rear, after June 1, 1978, three identifica- vided, That no rear clearance lamp may be combined in
tion lamps meeting the specifications of subsection (7) of any� shell or housins with any tail lamp or identification
this section; lamp. [1977.1 st ex.s. c 355 § ]0; 1961 c 12 § 46.37.110.
(c) One on each side, two side marker Iamps, one at Prior: 19�5 c 269 § 11; prior: 1947 c 267 § 3, part; 193?
or near the front and one at or near the rear; � ��° § 17, part; Rem. Supp. I 947 § 6360-17, part;
(d) On each side, two reflectors, one at or near the RC«' 46.40.040, part; 1933 c 156 §§ 5, part, 6, part;
front and one at or near the rear. 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part,
(7) Whenever required or permitted by this chapter, 28� Part; RRS §§ 6362-27, part, 6362-28, part; 1921 c
' identification lamps shall be grouped in a horizontal 9b § 22, part; I9 t 9 c �9 § 10, part; 1917 c 155 § 15,
row, with tamp centers spaced not less than six nor more Part.)
than twelve inches apart, and mounted on the permanent (Effeetzve - Se�tem�er �'s., 1'���}
structure of the vehicle as close as practicable to the
vertical centerline: Provided, however, That where the
cab of a vehicle is not more than forty-two inches wide
at the front roof line, a single identification lamp at the
center of the cab shall be deemed to comply with the 46.37.1Z0 Visibility of reflectors, clearanee lamps,
requirements for front identi�cation lamps. [1977 1 st identification lamps, and side marker lamps. (1) Every
ex.s. c 355 § 9; 1963 c 154 § 7; 1961 c 12 § 46.37.090. reflector upon any vehicle referred to in RCW 46.37.090
Prior: 1955 c 269 § 9; prior: 1947 c 267 § 3, part; 1937 c shall be of such size and characteristics and so main-
189 § 17, part; Rem. Supp. 1947 § 6360-17, part; RCW tained as to be readily ��isible at nighttime from all dis-
46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c tances �tiithin six hundred feet to one hundred feet from
178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; the vehicle ���hen directly in front of lawful lower beams
RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, of head lamps, except that the visibility for reflectors on
part; 1919 c �9 § 10, part; 1917 c 155 § 15, part.] �•ehicles manufactured or assembled prior to January 1,
�Effective .•- Septembe� 2I, 1977� 1970, shall be measured in front of the lawful upper
beams of headlamps. Reflectors required to be mounted
on the sides of the vehicle shall reflect the required color
of (ight to the sides, and those mounted on the rear shall
reflect a red color to the rear.
4b.37.110 ;11ounting of reflectors, clearance lart�ps, (2) Front and rear clearance lamps and identification
identification larnps, and side marker lamps. (1) Ret7ec- �amps shall be capable of being seen and distinguished
tors «�hen required by RCW 46.37.090 shall be mount�ed under normal atmospheric conditions at the times lights
at a height not less than twenty-four inches and not 3re required at all distances between five hundred feet
higher than sixty inches above the ground on which the and fifty feet from the front and rear, respectively, of
vehicle stands, except that if the highest part of the per- the vehicie.
manent structure of the ��ehicle is less than twenty-four (3) Side marker lamps shall be capable of being seen
inches the reflector at such point shall be mounted as and distinguished under normal atmospheric conditions
hioh as that part of the permanent struciure will permit. at the times lights are required at all distances between
The rear reflectors on a pole trailer may be mounted five hundred feet and fifty feet from the side of the
on each side of the bolster or load. vehicle on ���hich mounted. [1977 lst ex.s. c 35S § 11;
Any required red reflector on the rear of a vehicle 1963 c 154 § 8; 1961 c 12 § 46.37.120. Prior: 1955 c 269
ma}� be incorporated with the tail lamp, but such reflec- § 12; prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part;
tor shal! meet afl the other reflector requirements of this Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040,
chapter. part; 1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7,
(2) Clearance lamps shall be mounted on the perma- part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS §�
nent structure of the vehicle in such a manner as to 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 I
indicate the extreme height and width of the vehicle. c 59 § 10, part; 1917 c I55 § 15, part.]
��'hen rear identification lamps are required and are
mounted as high as is practicable, rear clearance lamps ��'-''"�'���i.'a� - Septem:ex 21, I�j'�}
may be mounted at optional height, and �vhen the
13
46.37.140 Lamps, reflectors, and flags on projecting (4) Any lighted head lamps upon a parked vehicle
load. Whenever the load upon any vehicle extends to the shali be depressed or dimmed. (1977 lst ex.s. c 355 § 13;
rear four feet or more be}�ond the bed or body of such �963 c 154 § 10; 1961 c I 2 § 46.37.150. Prior: 1955 c
vehicle there shall be displayed at the extreme rear end 269 § 15; prior: 1937 c 189 § 19; RRS § 6360-19; RCW
of the load, at the times speci�ed in RCW 46.37.020, 46.40.060; 1933 c 156 § 8; 1929 c 178 § 10; 1927 c 309
two red lamps, visible from a distance of at least �ve § 31; RRS § 6362-31.]
hundred feet to the rear, two red ref7ectors visible at
night from all distances within six hundred feet to one
hundred feet to t}�e rear when directly in front of lawful �Effective - September 21� 1977)
lower beams of headlamps, and located so as to indicate
maximum width, and on each side one red lamp, visible
from a distance of at least five hundred feet to the side,
located so as to indicate maximum overhang. There shall 46.37.160 Hazard warning lights, lamps, and reflec-
be displayed at all other times on any vehicle having a tors on farm tractors, farm equipment, and implements of
load which extends beyond its sides or �more than four husbandry—Slow moving vehicle emblem. (1) Every
feet beyond its rear, red fiags, not less than twelve inches farm tractor and every self-propelled unit of farm
square, marking the extremities of such loads, at each equipment or implement of husbandry manufactured or
point where a lamp would otherwise be required by this assembled after January 1, 1970, shall be equipped with
section, under RCW 46.37.020. [1977 Ist ex.s. c 355 § vehicular hazard warning lights of the type described in
12; 1963 c 154 § 9; 1961 c 12 § 46.37.140. Prior: 1955 c RCW 46.37.215 visible from a distance of not less than
269 § 14; prior: 1937 c 189 § 18; RRS § 6360-18; RCW one thousand feet to the front and rear in normal sun-
46.40.0�0; 1929 c 178 § l 1, part; 1927 c 309 § 32, part, 1►ght, which shall be displayed whenever any such vehi-
RRS § 6362-32, part; 1921 c 96 § 22, part; 1919 c 59 § cle is operated upon a highway.
10, part; 1917 c 155 § 15, part.] (2) Every self-propelled unit of farm equipment or
implement of husbandry manufactured or assembled
(F;ffeetive - September 21� 1977� after January 1, 1970, shall at a!1 times, and every other
motor vehicle shall at times mentioned in RCW 46.37-
.020, be equipped with lamps and reftectors as follows:
� (a) At least two headlamps meeting the requirements
of RCW 46.37.220, 46.37.240, or 46.37.260;
46.37.1�0 Lamps on rehicles Parked or stopped {b) At least one red }amp visible when lighted from a
vehicles, lighting requirements. (1) Every vehicle shall be distance of not less than one thousand feet to the rear
equipped with one or more lamps, which, when lighted, mounted as far to the left of center of vehicle as
shall display a white or amber light visible from a dis- practicable;
tance of one thousand feet to the front of the vehicle, �c) At least two red reflectors visible from all dis-
and a red ]ight visible from a distance of one thousand tances within six hundred to one hundred feet to the rear
feet to the rear of the vehicle. The location of said lamp When directly in front of lawful lower beams of
or lamps shall always be such that at least one lamp or headlamps.
combination of lamps meeting the requirements of this �3) Every combination of farm tractor and towed
section is installed as near as practicable to the side of rarm equipment or towed implement of husbandry shall
the vehicle which is closest to passing traffic. at all times mentioned in RCW 46.37.020 be equipped
(2) Whenever a vehicle is lawfully parked upon a ��'�th lamps and reflectors as follows:
street or highway during the hours bet�veen a half hour �a) The farm tractor element of every such combina-
after sunset and a half hour before sunrise and in the tion shall be equipped as required in subsections (1) and
event there is sufficient light to reveal any person or �2) of this section;
object �vithin a distance of one thousand feet upon such (b) The towed unit of farm equipment or implement
street or hibhway, no lights need be displayed upon such of husbandry element of such combination shall be
parked vehicle. equipped on the rear with two red lamps visible when
(3) VVhenever a vehicle is parked or stopped upon a lighted from a distance of not less than onc thousand
roadway or shoulder adjacent thereto, outside an incor- feet to the rear, and two red reflectors visible to the rear
porated city or town, whether attended or unattended, from all distances within six hundred feet to one hun-
during the hours between a half hour after sunset and a dred fcet to thc rear when directly in front of lawful
half hour before sunrise and there is insufficient light to upper beams of head lamps. One reflector shall be so
reveal any person or object within a distance of one positioned to indicate, as nearly as practicabte, the
thousand feet upon such highway, such vehicle so parkcd extreme left projection of the towed unit;
or stopped shall be equipped with and shall display (c) .If the towed unit or its load obscures either of the
lamps meeting the requirements of subsection (1) of this vehicle hazard warning lights on the tractor, the towed
section. unit shall be equipped with vehicle hazard warning lights
described in subsection (1} of this section.
14 �
(4) The two red lamps and the two red reflectors (2) :�fter June l, 1978, every animal-drawn vehicle
required in the foregoing subsections of this section on a shall at all times be equipped with a slow-moving vehi-
self-propelled unit of farm equipment or implement of cle emblem complying with RC�'�' 46.37.160(7). [1977
husbandry or combination of farm tractor and towed lst ex.s. c 3�5 § 15; 1963 c 154 § 12; 1961 c 12 §
farm equipment shall be so positioned as to show from 46.37.170. Prior: 1955 c 269 § 17; prior: 1937 c 189 §
the rear as nearly as practicable the extreme width of 21; RRS § 6360-21; RCW 46.40.080; 1927 c 309 § 34;
the vehicle or combination carrying them: Provided, i921 c 96 § 22, part; 1917 c 40 § i; RRS § 6362-34.�
That if all other requirements are met, reflective tape or
paint may be used in lieu of reflectors required by sub- �EffeCtive - September 21, 1977�
section (3) of this section.
(5) After January 1, 1970, every farm tractor and
every self-propelled unit of farm equipment or imple-
ment of husbandry designed for operation at speeds not 46.37.200 Stop lamps and electric turn signals. (1)
in excess of twenty-five miles per hour shall at all times �nY vehicle may be equipped and when required under
I be equipped with a slow moving vehicle emblem this chapter shall be equipped with a stop lamp or lamps
mounted on the rear except as provided in subsection (6) on the rear,of the vehicle which shall display a red or
of this section. amber tight, or any shade of color between red and
(6) After January 1, 1970, every combination of farm amber, visible from a distance of not less than one hun-
tractor and towed farm equipment or towed implement dred feet and on any vehicle manufactured or assembled
of husbandry normally operating at speeds not in excess after January l, 1964, three hundred feet to the rear in
of twenty-five miles per hour shall at all times be normal sunlight, and which shall be actuated upon
equipped with a slow moving vehicle emblem as follows: application of a service brake, and which may but need
(a) Where the towed unit is sufficiently large ta not be incorporated with one or more other rear lamps.
obscure the slow moving vehicle emblem on the farm (2) Any vehicle may be equipped and when required
tractor, the towed unit shall be equipped with a slow under RCW 46.37.070(2) shall be equipped with electric
moving vehicle emblem. In such cases, the towing vehi- curn signals which shall indicate an intention to,turn by
' cle need not display the emblem; flashing lights showing to the front and rear of a vehicle
I (b) Where the slow moving vehicle emblem on the or on a combination of vehicles on the side of the vehicle
farm tractor unit is not obscured by the towed unit, then or combination toward which the turn is to be made.
either or both may be equipped with the required The lamps sho�ving to the front shall be mounted on the
emblem but it shall be sufficient if either has it. same leve} and as widely spaced laterally as practicable
(7) The emblem required by subsections (5) and (6} and, when signaling, shall emit amber light: Provided,
of this section shall comply with current standards and That on an}• vehicle manufactured prior to January 1,
specifications as promulgated by the state commission 1969, the lamps showing to the front may emit white or
on equipment. [1977 lst ex.s. c 355 § 14; 1969 ex.s. c amber light, or any shade of light between white and
, 281 § 22; 1963 c 154 § 11; 1961 c 12 § 46.37.160. Prior: amber. The lamp showing to the rear shall be mounted
1955 c 269 § 16.] on the same level and as �videly spaced laterally as prac-
(Effeetive - September 21� 1977�) ticable, and, when signaling, shall emit a red or amber
light, or any shade of color between red and amber.�
Turn signal lamps shall be visible from a distance of not
less than five hundred feet to the fro�t and rear in nor-
46.37.170 Lamps and reflectors on other vehicles mal sunlight. Turn signal lamps may, but necd not be,
and equipment—�low-moving vehicie emblem on ani- incorporated in other lamps on the vehicle. [1977 Ist
mal-drawn vehicles. (1) Every vehicle, including animal- ex.s. c 3S5 § 17; 1963 c 1 S4 § 15; 1961 c 12 § 46.37.200.
drawn vehicles and vehicles referred to in RCW Prior: ]95� c 269 § 20; prior: 1953 c 248 § 2, part; 1947
46.37.010(3), not speci�cally required by the provisions c 267 § 4, part; 1937 c 189 § 23, part; Rem. Supp. 1447
of RCW 46.37.020 through 46.37.330 to be equipped § 6364-23, part; RCW 46.40.090, part; 1929 c 178 § l,
' with lamps, or other lighting devices, shall at all times part; 1927 c 309 § I5, part; RRS § 6362-I5.]
specified in RCW 46.37.020 be equipped with at least '
one lamp displaying a white light visible from a distance
of not less than one thousand feet to the front af said (Effective - September 21, 1977)
vehicle, and shall also be equipped with twb lamps dis- ,
playing red light visible from a distance of not less than '
one thousand feet to the rear of said vehicle, or as an
alternative, one lamp displaying a red liQht visible from 46.37.210 Additional lighting equipment. (1) Any
a distance of not less than one thousand feet to the rear motor vehicle may be equipped with not more than two
and t��o red reflectors visible from all distances of six side cowl or fender lamps which shall emit an amber or
hundred to one hundred feet to the rear when illumi- N,hite light without glare.
nated by the lawful lo�+�er beams of head lamps.
15 I
(2) Any motor vehicle ma}� be equipped with not more ex.s. c 355 § 18; 1975 lst ex.s. c 242 § 1; 1963 c 154 §
than one runnina board courtesy lamp on each side 16; 1961 c 12 § 46.37.210. Prior: 19�5 c 269 § 21; prior:
thereof which shall emit a w�hite or amber light without 1937 c 189 ��24; RRS § 6360-24; RCW 46.40.100.�
glare. (Effective — September 21, 1977)
(3) Any motor vehicle may be equipped with one or
more back—up lamps either separately or in combination
with other lamps, but any such back—up lamp or lamps
shall not be lighted w�hen the motor vehicle is in forward
motion. 46.37.220 Multiple—beam road—lighting equipment.
(4) Any vehicle may be equipped with one or more Except as hereinafter provided, the head lamps or the
side marker lamps, and any such ]amp may be flashed in auxiliary driving lamp or the auxiliary passing lamp or
conjunction with turn or vehicular hazard warning sig- combination thereof on motor vehicles shall be so
nals. Side marker lamps located toward the front of a arranged that the driver may select at wi(1 between dis-
vehicle shall be amber, and side marker lamps located tributions of light projected to different elevations, and
toward the rear shall be red. such lamps may be so arranged that such selection can
(5) Any vehicle eighty inches or more in over—all be made automatically subject to the following
width, if not otherwise required by RCW 46.37.Q90, ��mitations:
may be equipped with not more than three identification ��) 7'hcre shall be an uppermost distribution of light,
lamps showing to the front which shall-emit an amber or composite beam, so aimed and of such intensity as to
light �vithout glare and not more than three identifica- reveal persons and vehicles at a distance of four hundred
tion lamps showing to the rear which shall emit a red fifty feet ahead for all conditions of loading;
light w�ithout glare. Such lamps shall be mounted as �2� There shali be a lowermost distribution of light, or
specified in RCW 46.37.090(6) [(7)]. composite beam, so aimed and of sufficient intensity to
(6) (a) Every motor vehicle, trailer, semitrailer, truck reveal persons and vehicles at a distance of one hundred
tractor, and pole trailer used in the state of Washington �ifty feet ahead; and on a straight level road under any
may be equipped with an auxiliary lighting system con- conditions of loading none of the high intensity portion
sisting of: of the beam shall be directed to strike the eyes of an
(i) One green light to be activated when the accelera- approaching driver;
tor of the motor vehicle is depressed; (3) Every new motor vehicle registered in this state
(ii) I`ot more than two amber lights to be activated after January 1, 1948, which has multiple—beam road—
when the motor vehicle is moving forward, or standing lighting equipment shall be equipped with a beam indi-
and idling, but is not under the power of the engine. cator, which shal] be lighted whenever the uppermost
(b) Such auxiliary system shall not interfere with the distribution of light from the head lamps is in use, and
operation of vehicle stop lamps or turn signals, as shall not otherwise be lighted. Said indicator shall be so
required by RCW 46.37.070. Such system, however, designed and located that when lighted it will be readily
may operate in conjunction �;ith such stop.lamps or turn visible without glare, to the driver of the vehicle so
signals. equipped. [1977 Ist ex.s. c 355 § 20; 1961 c 12 § 46.37-
(c) Only one color of the system may be illuminaied ,220. Prior: 1955 c 269 § 22; prior: 1947 c 267 § 5, part;
at any one time, and at ail times either the green light, Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140,
or amber light or lights shall be illuminated when the part; 1933 c 156 § 3, part; 1929 c 178 § S, part; 1927 c
stop lamps of the vehicle are not iiluminated. 309 § 22, part; RRS � 6362-22, part.J
(d) The green light, and the amber light or lights,
�vhen illuminated shall be plainly visible at a distance of �Effective — September 21, 1977)
one thousand feet to the rear.
(e) Only one such system may be mounted on a motor
vehicle, trailer, semitrailer, truck tractor, or pole trailer;
and such sy�stem shall be rear mounted in a horizontal
fashion, at a height of not more than seventy—two
inches, nor less than twenty inches, as provided by RCW 46.37.240 Single—beam road—lighting equipment.
46.37.0�0. Head lamp s}'stems which provide only a single distribu-
(f) On a combination of vehicles, only the lights of the tion of light shall be permitted on all farm tractors
rearmost vehicle need actual(y be seen and distinguishcd regardless of date of manufactt�re, and on all other
as provided in subparagraph (d) of this subsection. motor vehicles manufactured and sold prior to one year
(g) Each manufacturer's model of such a system as after March 18, 1955, in lieu of multiple—beam road—
described in this subsection shall be approved by the ��ghting equipment herein specified if the single distri-
commission on equipment as provided for in RCW bution of light complies with the following requirements
46.37.005 and 46.37.320, before it may be sold or and limitations:
offered for sale in the state of Washington. [1977 Ist �I
16
� .
(1) The head lamps sha!I be so aimed that when the 46.37.280 Special restrictions on lamps. (1) During
vehicle is not loaded none of the high intensity portion of the times specified in RCW 46.37.020, any lighted lamp
the light shall at a distance of twenty—five feet ahead or illuminating device upon a motor vehicle, other than
project higher than a level of �ve inches below the level head lamps; spot lamps, auxiliary lamps, flashing turn
of the center of the lamp from which it comes, and in no s:gnals, emergency vehicle w•arning lamps, warning
case higher than forty—two inches above the level on lamps authorized by the state commission on equipment
which the vehicle stands at a distance of seventy—five and school bus warning lamps, which projects a beam of
feet ahead; light of an intensity greater than three hundred candle-
(2) The intensity shall be sufficient to reveal persons po�'er shall be so directed that no part of the high
and vehicles at a distance of at least two hundred feet. intensit� portion of the beam will strike the level of the
[1977 lst ex.s. c 355 § 21; 1963 c 154 § 18; 1961 c I2 § roadwa} on which the vehicle stands at a distance of
46.37.240. Prior: 1955 c 269 § 24; prior: 194? c 267 § 5, more than seventy—five feet from the vehicle.
part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40- (?) Except as required in RCW 46.37.190 no person
.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; shall drive or move any vehicle or equipment upon any
1927 c 309 § 22, part; RRS § 6362-22, part.] fiighwa} with any lamp or device thereon displaying a
red light visible from directly in front of the center
(Effective — September 21� 1977) thereof.
(3) Flashing lights are prohibited except as required
in RC��' 46.37.190, 46.37.200, 46.37.210, 46.37.215,
and 46.37.300, and warning lamps authorized by the
46.37.260 Alternate road lighting equipment. Any state commission on equipment. [1977 lst ex.s. c 355 §
motor vehicle may be operated under the conditions 24; 1963 c 154 § 19; 1961 c 12 § 46.37.280. Prior: 1955
specified in RCW 46.37.020 when equipped with two c 269 § 28; prior: 1949 c 157 § 2; 1947 c 267 § 6; 1947 c
lighted lamps upon the front thereof capable of revealing 200 § 2; 1937 c 189 § 29; Rem. Supp. 1949 § 6360-29;
persons and objects one hundred feet ahead in lieu of RCW 46.40.170; 1927 c 309 § 33; RRS § 6362-33.j
lamps required in RCW 46.37.220 or 46.37.240: Pro- �Effective — September 21� i977)
vided, however, That at no time shalt it be operated at a
speed in excess of twenty miles per hour. [1977 1 si ex.s.
c 355 § 22; 1961 c 12 § 46.37.260. Prior: 1955 c 269 § I
26; prior: 1937 c 189 § 27; RRS § 6360-27; RCW
46.40.150.J 46.37.290 Special lighting equipment on school
buses and prirate carrier buses. The state commission on
I �EffeCtive — September 21� 1977) equipment is authorized ►o adopt standards and speci�-
cations applicable to lighting equipment on and special
w•arninL devices to be carried by school buses anci pri-
vate carrier buses consistent with the provisions of this
chapter. but suppl.emental thereto. Such standards and
46.3�.270 Number of lamps required Number of speci�cations shall correlate with and, so far as possible,
additional lamps permitted. (1) At all times specified in conform to the specifications then current as approved
RCW -�6.37.020, at least two lighted lamps shall be dis- b}� the society of automotive engineers. [1977 c 45 § 1;
pla}�ed, one on each side at the front of every motor 1970 ex.s. c 100 § 6; 196] c I 2 § 46.37.290. Prior: 1955
vehicle, except when such vehicle is parked subject to c 269 � 29; prior: 1937 c 189 § 2S, part; RRS §
the regulations governing lights on parked vehicles. 6360-25, part; RCW 46.40.130, part; 1929 c 178 § 3,
(2) Vv'henever a motor vehicle equipped with head part; 1927 c 309 § 20, part; RRS § 6362-20 j
lamps as herein required is also equipped with any aux- , part.
iliary lamps or a spot lamp or any other lamp on the
front thereof projecting a beam of intensity greater than tEffeetive — June 9, 1g77�
three hundred candlepower, not more than a total of two
of any such additional lamps on the front of a vehicle
shall be lighted at any one time when upon a highway.
(]977 t st ex.s. c 355 § 23; 1961 c 12 § 46.37.270. Prior:
19�5 c 269 § 27; prior: 1937 c 189 § 28; RRS §
6360-28; RCW 46.40.160; 1929 c 178 § 2; 1927 c 309 §
19; 1921 c 9b § 22, part; 1919 c �9 § 10, part; 1917 c
1�� § 1�, part; 1915 c 142 § 21, part; RRS § 6362-19.]
{Effective — September 21, 1977)
17
i
46.37.344 Braking equ9pmeat required {as amended by 191? ist promptly,and remain applied for at least fifteen minutes,upon break- I
ex.s. c 14$). Every motor vehicle, trailer, semitrailer and pole trailer, away from the towing vehicle.
and any combination of such vehicie operai`sng upon a highway w'sthin (5) Tractor hrakes protected. Every mator vehicle manufactured or
this state shail be equipped with brakes in sompliance with the assembled after January 1, 1964,and used to tow a trailer,semitrailer
requireme�ts of this chapter. or pole trailer equipped with brakes,shall be equipped with means for I
(I} Serv'sce brakes—adequacy. Every sueh vehie3e and combina- providing that in casc of breakaway af the tawed v$hicte, the tawing
tion oC vehicles, except special mobile equipment as deCned in RCW vehicle will be capable of being stopped by the use of its service brakes. I
46.04.552, shalt be equipped with service brakes complying with the (6)Trailer air reservoirs safeguarded.Air brake systems installed on
perfarmanee requirements of itCW 46.37.35] and adequate to control traifers manufactured ar assembled after Jannary l, 19b4, sha(1 be so- I
the movement of and to stop and hold such vehicic under all conditions designed that the supply reservoir used to provide air far the brakes I
of Ioading,and on any grade incident to its operatiort. shail be sateguarded against backflow of air from the reservoir through
(2) Parking brakes—adequacy. Every such vehicie and combina- the supply tine.
tion of vehicles, except matorcycles and motor-driven cycles, shall be (7) Two means of emergency brake operatian. I
' equipped with parking brakes adequate ta ho3d the vehicle on any (a} Air brakes. Aftcr January i, 19b4, every towing vehicle, when
grade on which it is operated, under all conditions af loading, on a used to tow another vehicle equipged with a'u coatrolied brakes, in
surface free fram snow,ice,or loose material.The parking brakes shail other than driveaway or towaway operations, shall be equipped with I
be capabte oF being applied in conformance with the #'oregoing two means for emergency appiication of the traiter brakes. nne of
requirements by the driver's muscular eftort or by spring action ar by ;hese means shal! apply the brakes autamatically in the event af a
equivalent means. Their operation may be assisted by the service reduction of the towing vehicle air supply to a fixed pressure which
brakes or ather source of power provided that faitnre af the service shaIE be not lower than twenty pounds per square inch nar higher than
brake actuation system or other power assisting mechanism will not forty-five pounds per square inch. The other means shall be a manu- I
prevent the parking brakes from being applied in conformaace with ihe a�ry ��ntroiled devica for applying and releasing the brakes, readily '
foregoing tequi�ements. T'he parking brakes shalt be so designed that ��«{�(e by a person scated in the driving seat, and its emergeney
when ance applied they shall remain applied with the rcquired effec- position or methc�d of operation shall be clearly indicated. In na I
tiveness despite exhaustion of any source of energy or ]ea�Cage of any instance may the manual means be so arranged as to permit its use to� i
kind.The same brake drums,brake shoes and lining assemblies,brake • ,
shoe anchors and mechanical brake shoe actuation mechanism nor- PTe�znt operation of ihe auiomatic means. The autarnatic and the
mally associaied with the wheet brake assemblres may be used for both manual means r�r{uired by this section may be,but are nat required to I
the service brakes and the parking brakes. If the means of applyin$ihe �•�Parate. I
parking brakes and the service b�akes are connected in any way, thcy {b) Vacuum brakes. After Janaary t, 196A, every towing vehicie
sha!! be so constructed that failare af any ane patt shail »ot Ieave the used to tow other vehicles equipped with vacuum brakes,in operations I
vehicle without operative brakes. other than driveaway ar towaµ•ay operatians,shail have,in addition to
(3} Brakes on al} wheets. Every vehicle shall be equipped with the single coniro] device required by subsectian (8} af this seciion, a
brakes acting an all wheels exeept: second control device which can bc used ta operate the brakes on I
(a) Trailers, semitrailers, or pole trailers of a gross weight not towed vehictes in emergencies.The second control shali bo independent j
exceeding three thousand povnds,provided that: of brake air, hpdraulic and other prcuure, and independent of other
{i} The totai weight on and including the wheels of the trailer ar �ancrols, unless the braking system be so arranged that failure af the I
trailers shall not exceed forty percent of the gross weight af the towing. pressurc upon which the second cantrol depends will cause the towed
vehicle when connected to the trailer or trailers,and Yehicle brakes to be agptied automaticalty. The second contro! is not I
(ii}The combination of vehicles consisting of the towing vehicle and required ta providc madulated braking. I
its totai towed load, is capable pf complying with the performance �$) Singie control to operate a11 brakes. After lanuary 1, 1964,
reqn'srements of RCW 4b.37.35f. cvery motor vehicle, trailer, semitrailer and pole trailer, and every
{b) Trailers, semitrailers,ar pole crailers manufactured and assem- cambination af such vehicles, except motorcycles and motor-driven i
bled prior to Juty I, 1965 shall not be required to be equipped with �>c:es,equipped with brakes shaIl have ihe braking system so arranged
brakes whea the total weight on and including the wheels af the irailer that one contra!device can be used to operate all service brakes. This
or trailers dces not exceed twa thousand pounds. requirement does not prahibit vehictes from being equipped with an
(c} Any vehicle being towed in driveaway or towaway operations, additianal control device to be ased to operate brakes on the towed.
provided the cambinaiion of vehictes is capabie of comptyiag with the YGhicles. 7'his regulation does not apply to driveaway or towaway
performance requirements of l2CW 463'1351. operations untess the brakes on the individual vehicies are designed to
(d} Trucks and truck-tractors having ihree or more axles rteed nat �aperated by a singte cantrolin the towing vehiele.
have brakes on ihe froni wheels, except that when such vahictes are {9) Res�rvoir capacity and check valve.
equipped with at least two steerable axles, the wheels of one steerabie (a) Air brakes. Every bus, truck or truck-tractor with air operated
axle need not have brakes. However, sueh trucks and i�uck-#raccars brakes sha!!be equipped with at least one reservair suffieient to insure
must be cagable of camplying with the pertormance requirements af that,when fuliy charged to the maximum pressure as regulated by the
RCVJ 46,37.351. air compressor gavernor cut-out setting, a fuil service brake apptica-
{e}Special mabile equipment as defined in RCW 45.44.552. tzon may be made without laaering such reservoir pressure by mare
{f� The wheel of a sidecar attached to a motorcycle or to a motor- than twent} percent. Each reservoir shall be provided with means far
dri�•en cycle, or the front wheel of a mator-driven cycle need not be readily draining accumulated oit or water.
equipped with brakes, provided that such matorcycie or zreotor-driven {b} Vacuum brakes. Afser January 2, 2464, every truck with ihree
cycle is capable of camplying with the performance requirements of or more azies equipped with vacuum assistor type brakes and every
RCW 4b.37.351. truck-tractor and truck used for towing a vehicle equipped with vae-
{g} For a farkleft ma»ufaciured after January l, l9?Q astd being uum brakes shall be equipped with a reserve capacity or a vacuum
towed, wheels need nat have brakes except far those on the rearmost reservoir sufficient to insure that,with the roserve capacity or reservoir
axte so long as such brakes, together with the brakes an the towing {ull� charged and with the engine stapped;a full service brake appli-
vehicle,shall be adequate to stop the cosn6ination within the stopping cation ma} be made without depleting the vacuum supply by more
distance requirements of RCW 4637.351, than forty percent.
{4} Automazic trailer brake application apan breakaway. Every (c) Reseryair safeguarded. Atl motor vehicfes, trailers, semitrailers
trailer,semitrailer,and pale trailer equipped w'sth air or vacuum actu- and pole trailers, when equipped with air or vacuum reservoirs ar
ated brakes and every trailer,semitrailer,and pole trailer with a gross reserve capacity as required by this section, shall have such reservoirs
weight in excess of three thousand pounds,manufactured or assernbled or reserve capacity so safeguarded by a check valve or equivaient
after January 1, 1964, shall be equipped with brakes acting on all device that in the event af failure or leakage in its connection to the
wheets and af such charaeter as to be appiied sutomatiealiy artd source of compressed air ar vacuum,the stored air or vacuum shali nat
be depIcted by the leak ar failure.
18
L
(10) Warning dcvices. (ii)The combination of vehicles consisting of the towing vehicle and
(a) Air brakes. Every bus, truck or truck-tractor using compressed its total towed load, is capable of complying with.the performance
air for the operation of its own brakes or the brakes on any towed requirements of RCW 46.37.351;
vehicle,shall be provided with a warning signal,other than a pressure (b) Trailers, semitrailers, or pole trailers manufactured and assem-
gauge, readily audible or visible to the driver, which wiil operate at bled prior to July 1, 1965, shall not be required to be equipped with
any time the air reservoir pressure of the vehicle is below Cifty percent brakes when the total weight on and including the wheels of the trailer
of the air compressor governor cut-out pressure.In addition,each such or traiters dces not exceed two thousand pounds;
�•ehicle shall be equipped with a pressure gauge visible to the driver, (c) Aoy vehicle being towed in driveaway or towaway operations,
which indicates in pounds per square inch the pressure available for provided the combination of vehicles is capable of comptying with the
braking. performance requirements of RCW' 46.37351;
(b) Vacuum brakes. After January 1, 1964,every truck-tractor and (d) Trucks and truck tractors having three or more axles need not
truck used for towing a vehicle equipped with vacuum operated brakes have brakes on the front wheels, except that when such vehicles are
and every truck with three or more axles using vacuum in t6e opera- equipped with at least two steerable axles,the wheels of one steerable
tion of its brakes, ezcept those in driveaway or towaway operations, axle need not have brakes. However, such trucks and truck tractors
shall be equipped with a warning signal,other than a gauge indicating must be capable of comp;y�ing with the performance requirements of
vacuum, readily audible or visible to the driver, which will operate at RCW 46.37351;
an} time the vacuum in thc vehicle's supply reservoir or reserve capac- (e) Special mobilc equipment as defined in RCW 46.04.552 and all
it} is less than eight inches of inercury. vehicles designed primarily for off-highway use with braking systems
(c) Combination of warning devices. When a vehicle required to be which work within the power train rather than directly at each wheel;
eGuipped µi�h a warning device is equipped with both air and vacuum (� Vehicles manufactured prior to January 1, 1930, may have
power for the operation of its own brakes or the brakes on a towed brakes operating on only two wheels.
�•ehicle, the warning devices may be, but are not required to be,com- (4) Automatic trailer brake application upon breakaway. Every
bined into a single device which will serve both purposes. A gauge or trailer,semitrailer,and poIe trailer equipped with air or vacuum actu-
gauges indicating pressure or vacuum shall not be deemed to be an ated brakes and every trailer,semitrailer, and pole trailer with a gross
adequate means of satisfying this requirement. (L977 ]st ex.s. c 148 § weight in ezcess of three thousand pounds,manufactured or assembled
2; 1965 ex.s. c t70 § 49; 1963 c 154 § 21; 1961 c 12 § 46.37.340. after January I, 1964, shall be equipped with brakes acting on all
Prior: I955 c 269 § 34: prior: 1937 c 189 § 34, part; RRS § 6360-34, wheels and of such character as to be applied automaticatly and
part; RCH' 46.36.020, 46.36.030, part; 1929 c I80 § 6; 1927 c 309 § promptiy,and remain applied for at least fifteen minutes,upon break-
16; 1923 c 181 § 5; 1921 c 96 § 23; 1915 c 142§ 22;RRS§6362-16.J away from the towing vehicle.
(5) Tractor brakes protected. Every motor vehicle manufactured or
(Effeetive - September 21. 1977) assembled after January I, 1964,and used to tow a trailer,semitrailer,
or pole trailer equipped with brakes, shall be equipped with means for
providing that in case of breakaway of the towed vehicle, the towing
vehicle will be capable of being stopped by the use of its service brakes.
(6}Trailer air resen�oirs safeguarded.Air brake systems installed on
46.37.340 Braking equipment required (as amended by 1977 lst trailers manufactured or assembled after January l, 1964, shall be so
, ex.s. c 355). Every motor vehicle, trailer, semitrailer,and pole trailer, designed that the supply teservoir used to provide air for the brakes
and any combination of such vehicle operating upon a highway within shall be safeguarded against backfluw of air from the reservoir through
this state shall be equipped with brakes in compliance with the the supply line.
requirements of this chapter.
(1) Service brakes—adequacy. Every such vehicle and combina- ���Two means of emergency brake operation.
tion of vehicles, except special mobile equipment as defined in RCW �a) Air brakes. After January I, 1964, every towing vehicle, when
46.04.552, shall be equipped with service brakes complying with the used to tow another vehicle equipped with air controlled brakes, in
performance requiremenu of RCW 46.37.351 and adequate to control °th�r than driveaway or towaway operations, shall be equipped with
the movement of and to stop and hold such vehicle under all conditions two means for emergency application of the trailer brakes. One of
of loading,and on any grade incident to its operation. these means shall apply the brakes automatically in the event of a
reduction of the towing vehicle air supply to a fixed pressure which
(2) Parking brakes--adequaty. Every such vehicle and combina- shall be not lower than twenty pounds per square inch nor higher than
tion of vehicles shall be equipped w�th parking brakes adequate to hold' forty-five pounds per square inch. The other means shall be a manu-
the vehicle on any grade on which it is operated, under atl conditions ally controlled device for applying and releasing the brakes, readil}•
of loading, on 2 surface free from snow, ice, or loose material. The operable by a person seated in the driving seat, and its emergency
parking brakes shall be capable of being applied in conformance with
the foregoing requiremenu by the dtiver's muscular effort or by spring. P�'sition or method of operation shall be clearly indicated. In no
action or by equivalent means.Their operation may be assisted by the �nstance may the manua( means be so arranged as to permit its use to
service brakes or other source of power provided that failure of the prevent operation of the automatic means. The automatic and the
service brake actuation system or other power assisting mechanism wil! manual means required by this section may be,but are not rcquired to
not prevent the parking brakes from being applied in conformance with �.separate.
the foregoing requiremenu. The parking brakes shall be so designed (b) Vacuum brakes. After January I, 1964, every towing vehicle
that when once applied they shall remain applied with the required .used to tow other vehicles equipped with vacuum brakes,in operations
effectiveness despite ezhaustion of any source of energy or leakage of other than driveaway or towaway operations,shall have, in addition to
any kind. The same brake drums, brake shoes and lining assemblies, the sirgle control device required by subsection (8) of this section, a
brake shoe anchors, and mechanical brake shce actuation mechanism second control device which can be used to operate the brakes on
normally associated w•ith the wheel brake assemblies may be used fo� cowed vehicles in emergencies.The second control shall be independent
both the service brakes and the parking brakes. If the means of apply- of brake air, hydraulic, and other pressure, and independent of other
ing the parking brakes and the service brakes are connected in any controls, unless the braking system be so arranged that failure of the
way,they shatl be so constructed that failure of any one part shall not pressure upon which the second control depends will cause the towed
leave the vehicle without operative brakes. vehicle brakes to be applied automatically. The second control is not
(3) Brakes on all wheels. Every vehicle shall be equipped with required to provide modulated braking.
brakes acting on al!wheels except: (8) Single control to operate all brakes. After January 1, 1964,
(a) Trailers, semitrailen, or pole trailers of a gross weight not every motor vehicle, trailer, semitrailer, and pole trailer, and every
exceeding three thousand pounds,provided that: combination of such vehicles, equipped with brakes shall have the
(i) The total weight on and including the wheels of the trailer or braking system so arranged that one control device can be used to
trailers shall not ezceed forty percent of the gross weight of!he towing operate all service brakes. This requirement does not prohibit vehicles
vehicle when connected to the trailer or trailers;and from being equipped with an additional control device to be used to
19
operate brakes on the towed vehicles.This regulation dces not apply to 4637.360 Maintenance of brakes—Brake system
driveaway or towaway operations unless the brakes on the individual
vehicles are designed to be operated by a single controt in the towing failu�e indiC3tor. (1) Alt brakes shall be maintained in,
�ehicle. good working order and shall be so adjusted as to oper-'
(9) Reservoir capacity and check valve. 2[e as equally as practicable with respect to the front
(a) Air brakes. Every bus,truck,or truck tractor with air operated and back wheels and to wheels on opposite sides of the
brakes shall be equipped with at least one reservoir sufficient to insure �ehicle.
that,when fully charged to the maximum pressure as regulated by the
air compressor governor cut�ut setting, a full ser�ice brake appl�ca- (2) All passenger cars manufactured on or after Jan-
tion may be made without lowering such reservoir pressure by more uary 1, 1968, and other types of vehicles manufactured
than twenty percent. Each reservoir shall be provided with means for on or after September 1, 1975, shall be equipped with
readily draining accumulated oil or water. brake system failure indicator lamps .which shall be
(b) Vacuum brakes. After January 1, 1964,every truck wich chree maintained in good working order. The brake system
or more axles equipped with vacuum assistor type brakes and every
truck tractor and truck used for towing a vehicle equ;pped wich �ac- shall demonstrate good working order and integrity by
uum brakes shall be equipped with a reserve capacity or a vacuum the application of a force of one hundred twenty—�ve ',
reservoir sufficient to insure that,with the reserve capacity or reservoir pounds to the brake pedal for ten Seconds without the �
fuliy charged and with the engine stopped, a full service brake appli- ,occurrence of any of the following:
cation may be made without depleting the vacuum supply by more
than forty percent. �1� II�umlltatioll of the brake system failure indicator
(c) Reservoir safeguarded. All motor vehicles, trailers, semitrailers, lamp;
and pole trailers, when equipped with air or vacuum reservoirs or (ii) A decrease of more than eighty percent of service
reserve capacity as required by this section, shall have such reservoirs ,I
or reserve capacity so safeguarded by a check valve or equivalent brake pedal height as measured from i['s free position to
device that in the event of failure or leakage in its connection to the the floorboard or any other object which restricts service
source of compressed air or vacuum,the stored air or vacuum shall not brake pedal travel; ',
be depleced by ehe leak or failure. (iii) Failure of any hydraulic line or other part.
(l0) Warning devices. (3) Brake hoses shall not be mounted so as to contact '�
(a) Air brakes. Every bus, cruck, or truck tractor using compressed the vehicle body or chassis. In addition, brake hoses shall
air for the operation of its own brakes or the brakes on any towed
vehicle,shall be provided with a warning signal,other than a pressure not be cracked, chafed, flattened, abraded, ot visibly
gauge, readily audible or visible to the driver, which will operate at leaking. Protection devices such as "rub rings" shall not
any time the air reservoir pressure of the vehicle is below fifty percent be considered part of tfie hose or tubing.
oC the air compressor governor cut-aut pressure. In addition,each such (4) Dise and drum eondition. If the drum is embossed
vehicle shall be equipped with a pressure gauge visible to the driver,
which indicates in pounds per square inch the pressure available for ���th a maximum safe diameter dimension or the rotor is
braking. embossed with a minimum safety thickness dimension,
(b) Vacuum brakes. After January I, 1964,every truck tractor and the drum or dise shall be within the appropriate specifi-
cruck used for towing a vehicle equipped with vacuum operated brakes cations. T'hese dimensions will be found OTt mOtOc vehi-
and every truck with three or more axles using vacuum in the opera- Cles manufactured since Januar 1 1971, and ma be
tion of its brakes, except those in driveaway or towaway operations, y � y
shall be equipped with a warning signal,other than a gauge indicating found Ot7 vehlCleS manufactured for several years prior
vacuum, readily audible or.yisible co the driver. which will operacc ac to that time. If the drums and discs are not embossed,
any time the vacuum in the vehicle's supply reservoir or reserve capac- the drums and dises shall be within the manufacturer's
ity is less than eight inches of inercury. SpeC1�iC3tlOris.
(c) Combination of warning devices. When a vehicle required to be
equipped with a warning device is equipped with both air and vacuum (5) Friction materials. On each brake the thickness of
power for the operation of its own brakes or the brakes on a towed the lining or pad shall not be less than one thirty—second
vehicle, the warning devices may be, but are not required to be,com- of an inch over the rivet heads, ot the brake shoe on
bined into a single device which will serve both purposes. A gauge or bonded linings or pads. Brake linings and pads shall not
gauges indicating pressure or vacuum shall not be deemed to be an
adequate means of satisfying this requirement. [1977 Ist ex.s.c 355 § have craeks oc bceaks that extend to rivet holes exCept
27; 1965 ex.s. c I70 § 49; 1963 c 154 § 21; 1961 c 12 § 46.37.340. minor cracks that do not impair attachment. Drum
Prior: 1955 c 269 § 34;prior: 1937 c 189 § 34,part; RRS §636�34, brake linings shall be securely attached to brake shoes.
part; RCW 46.36.020,4636.030, part; 1929 c I80 § 6; 1927 c 309 §.
16; 1923 c 181 § 5; 1921 c 96§23; 1915 c 142§22;RRS§6362-16.] Dise bra�:e pads shall be securely attached to shoe
plates.
Reviser's note:RCW 46.37.340 was amended twice during the I977 (6) Backing plates and caliper assemblies shall not be
lst extraordinary session of the legislature,each without reference to defOrmed or cracked. S stem arts shall not be broken,
the other. Y P
For rule of construction concerning sections amended more than misaligned, missing, binding;or show evidence of severe
once at the same session,see RCw 1.t2.oz5. wear. A•utomatic adjusters and other p�rts shall be
assembled and installed correctly. [1977 lst ex.s. c 355 §
(Effective — September 21, 1977) 28: 1961 c 12 § 46.37.360. Prior: 1955 c 269 § 36; prior:
1951 c 56 § 2, part; 1937 c 189 § 34, part; RRS §
6360-34, part; RCW 46.36.020, 46.36.030, part; 1929 c
1 b0 § 6; 1927 c 309 § 16; 1923 c 181 § 5; 1921 c 96 §
23; 1915 c 142 § 22; RRS § 6362-16.]
(Effective — September 21,1977)
20
46.37.365 Hydraulic brake fluid Defined approved by the state commission on equipment, but
Standards and specifications. (1) The term "hyd�aulic such siren shall not be used except when such vehicle is
brake fluid" as used in this section shall mean the liquid operated in response to an emergency call or in the
medium through which force is transmitted to the brakes �mmediate pursuit of an actual or suspected violator of
in the hydraulic brake system of a vehicle. the law, in which said latter events the driver of such
(2) Hydraulic brake fluid shall be distributed and vehicle shall sound said siren when reasonably necessary
serviced with due regard for the safety of the occupants to warn pedestrians and other drivers of the approach
of the vehicle and the public. thereof. [1977 1 st ex.s. c 355 § 32; 1961 c 12 § 46.37-
(3) The state commission on equipment shall, in com- .380. Prior: 1955 c 269 § 38; prior: 1937 c 189 § 35;
pliance with the provisions of chapter 34.04 RCW, the RRS § 6360-35; RCW 46.36.040.]
i administrative procedure act, which govern the adoption
of rules, adopt and enforce regulations for the adminis- �Effective – September 21, 1977�
I tration of this scction and shall adopt and publish stand-
ards and specifications for hydraulic brake fluid which
shall correlate with, and so far as practicable conform 46.37.390 Mufflers, prevention of noise—Smoke
to, the then current standards and specifications of the
society of automotive engineers applicable to such fluid. and air contaminants—Standards---Definitions. (1)
(4) No person shall distribute, have for sale, offer for Every motor vehicle shall at all times be equipped with a
' sale, or sell any hydraulic brake f7uid unless it complies muff7er in good working order and in constanf operation
with the requirements of this section and the standard to prevent excessive or unusual noise, and no� person
specifications adopted by the state commission on equip- shall use a muffler cut–out, bypass, or similar device
ment. No person shall service any vehicle with brake upon a motor vehicle on a highway.
fluid unle�s it complies with the requirements of this (2) (a) No motor vehicle first sold and registered as a
section and the standards and specifications adopted by ne�� motor vehicle on or after January l, 1971, shall
the state commission on equipment. discharge into the atmosphere at elevations of less than
(5) Subsections (3) and (4) of this section shall not three thousand feet any air contaminant for a period of
apply to petroleum base fluids in vehicles with brake more than ten seconds which is:
systems designed to use them. [1977 Ist ex_s. c 355 § 29; (i) As dark as or darker than the shade designated as
1963 c 154 § 24.] ;�`o. 1 on the Ringelmann chart, as published by the ,
�EffeCtive – September 21, 1977� United States bureau of mines; or
(ii) Of such opacity as to obscure an observer's view
to a degree equal to or greater than does smoke
described in subsection (a)(i) above.
(b) No motor vehicle first sold and registered prior to
46.37.380 Horns, warning devices, and theft alarms, �an�ary ], 1971, shall discharge into the atmosphere at
(1) Every motor vehicle when operated upon a highway elcvations of less than three thousand feet any air con-
shall be equipped with a horn in good working order and taminant for a period of more than ten seconds which is:
capable of emitting sound audible under normal condi- ��� As dark as or darker than the shade designated as
tions from a distance of not less than two hundred feet, �;o. 2 on the Ringelmann chart, as published by the
but no horn or other warning device shall emit an Linited States bureau of mines; or
unreasonably loud or harsh sound or a whistle. The �;;� Of such opacity as to obscure an observer's view
driver of a motor vehicle shal} when reasonably neces- to a degree equal to or greater than does smoke
sary to insure safe operation give audible warning with
his horn but shall not oiher�vise use such horn when described in subsection (b)(i) above.
upon a high«�ay. . (c) For the purposes of this subsection the following
(2) i�To vehicle shal! be equipped with nor shall any definitions shall apply�:
person use upon a vehicle any siren, whistle, or bell, ��� Opacity" means the degree to which an emission
except as otherwise permitted in this section. reduces the transmission of light and obscures the view
(3) It is permissible for any vehicle to be equipped of an object in the background;
with a theft alarm signal device so long as it is so ���� �Rin�elmann chart" means the Ringelmann
smoke chart with instructions for use as published by the
arranged that it cannot be used by the driver as an ordi- United States bureau of mines in May 1967 and as
nary warning signal. Such a theft alarm signal device thereafter amended, information circular 7718.
may use a whistle, bell, horn, or other audible signal but (3) No person shall modify the exhaust system of a
shall not use a siren. motor vehicle in a manner which will amplify or increase
(4) Any authorized emergency vehicle may be the noise emitted by the engine of such vehicle above
equipped with a siren, whistle, or bell, capable of emit- that emitted by the muff7er originally installed on the �
ting sound audible under normal conditions from a dis- vehicle, and it shall be unlawful for any person to oper-
tance of not less than �ve hundred feet and of a type ate a motor vehicle not equipped as required by this
21
subsection, or which has been amplified as prohibited by shield, each capable of cleaning a surface of not less
this subsection. [1977 ]st ex.s. c 355 § 33; 1972 ex.s. c than one hundred twenty square inches, or other device
135 § 1; 1967 c 232 � 3; 1961 c 12 § 46.37.390. Prior: or devices capable of accomplishing substantially the.
1955 c 269 § 39; prior: 1937 c�189 § 36; RRS § same resuli.
6360-36; RCW 46.36.050; I927 c 309 § 17; 1921 c 96 § (4) E�ery windshield wiper upon a motor vehicle shall
21; 1915 c 1�2 § 20; RRS § 6362-17.J be maintained in good �i�orking order. [1977 lst ex.s. c
(Effective — September 21,1977� 35� § 3�; 1961 c 12 § 46.37.410. Prior: 1955 c 269 § 41;
prior: (i) 1937 c ]89 � 38; RRS § 6360-38; RCW
. 46.36.070. (ii) 1937 c 189 § 39; RRS § 6360-39; RCW
46.36.080.)
46.37.400 Ntirrors. (I) Every motor vehicle shalt be �EffeCtive — September 21� 1977)
equipped �a�ith a mirror mounted on the left side of the
vehicle and so located to ref7ect to the driver a view of
the high�vay for a distance of at least two hundred feet
to the rear of such vehicle.
(2) Ever}' motor ��ehicle shall be equipped with an 46.37.425 Authority of state commission on equip-
additional mirror mounted either inside the vehicie ment with reference to tires Rules and regula-
approximately in the center or outside the vehide on the tions Penalty. tio person shal� drive or move or
right side and so located as to reflect to the driver a view cause to be driven or moved any vehicle, the tires of
of the highw ay for a distance of at least two hundred w'hich ha�•e contact with the driving surface of the road,
feet to the rear of such vehicle. subject to registration in this state, upon the public'
(3) All mirrors required by this section shall be main- highwa�s of this state un!ess such vehicle is equipped
tained in good condition. [1977 lst ex.s. c 355 § 34; w'�th tires in safe operatinR condition in accordance with
1963 c 154 § 25; 1961 c 12 § 46.37.400. Prior: 1955 c requirernents established by this section or by the state
269 § 40; prior: 1937 c 189 § 37; RRS § 6360-37; RCW commission on equipment.
46.36.060.] The state commission on equipment shall promulgate
rules and regulations setting forth requirements of safe
�EffeCtive — September 21� 1977) operating condition of tires capable of being employed
by a la« enforcement of�cer by visual inspection of tires
mounted on vehicles including visual comparison with
simple measuring gauges. These rules shall include
effects of tread �vear and depth of tread.
46.37.410 Windshields required, exception A tire shall be considered unsafe if it has: � ,
Must be unobstructed and equipped with wipers. (1) All (I) Any ply or cord exposed either to the naked eye or
motor vehicles operated on the public highways of this when cuts or abrasions on the tire are probed; or
state shall be equipped with a front windshield manu- (2) Any bump, bulge, or knot, affecting the tire
factured of safety glazing materials for use in motor structure; or
vehicles in accordance with RCW 4637.430, except, (3) Any break repaired with a boot; or i
however, on such vehicles not so equipped or where (4) A tread depth of less than 2/32 of an inch mea-
windshields are not in use, the operators of such vehicles sured in any two major tread grooves at three locations
shalt wear glasses, goggles, or face shields pursuant to equally spaced around the circumference of the tire, or
RCW 46.37.�30(I)(b). for those tires with tread «�ear indicators, a tire shall be
(2) No person shall drive any motor vehic}e with any considered unsafe if it is worn to the point that the tread
sign, poster, or other nontransparent material upon the wear indicators contact the road in any two major tread
front windshield, side «�ings, or side or rear windows of grooves at three locations equally spaced around the cir-
such vehicle w�hich obstructs the driver's clear view of cumference of the tire; or
the highway or any intersecting highway. (5) A Iegend which indicates the tire is not intended
(3) The ���indshield on every motor vehicle shall be fQr use on public highways such as, "not for highway
equipped with a device for cleaning rain, snow, or other use", or for racing purposes only"; or
moi;ture from the windshield, which device sha(I be so (6) Such condition as may be reasonabty demon-
constructed as to be controlled or operated by the driver strated to render it unsafe; or
of the �ehicle. After January 1, 1938, it shall be untaw- (7) If not matched in tire size designation, construc-
ful for any person to operate a ne�v motor vehicle first tion, and proCle to the other tire and/or tires on the
sold or delivered after that date which is not equipped same axle.
with such device or devices in good working order capa- No person, firm, or corporation shall sell any vehicle
ble of cieaning the windshield thereof over two separate for use on the public high�vays of this state unless the
ares, one each on the left and right side of the wind- vehicle is equipped with tires that are in compliance with
22
�
the provisions of this section. If the tires are found to be �2� No person shall operate at the time and under
in violation of the provisions of this section, the person, conditions stated in subsection (i) any motor vehicle
�rm, or corporation selling the vehicle shall cause such used for the transportation of explosives, any cargo tank
tires to be removed from the vehicle and shall equip the truck used for the transportation of flammable liquids or
vehicle with tires that are in compliance with the provi- compressed gases or liquefied gases, or any motor vehi-
sions of this section. cle using compressed gas as a fuel unless there shall be
Any person operating a vehicle on the public highways carried in such vehicle three red electric lanterns or
of this state, or selling a vehicle for use on the public three portable red emergency reflectors meeting the
highways of this state, which is equipped with a tire or requirements of subsection (1) of this section, and there
tires in violation of the provisions of this section or the shall not be carried in any said vehicle any f7ares, fusees,
rules and regulations promulgated by the state commis- or signal produced by t7ame. [1977 lst ex.s. c 355 § 38;
sion on equipment hereunder shall be guilty of a misde- 1971 ex.s. c 97 § 1; 1961 c 12 § 46.37.440. Prior: 1955 c
meanor: Provided, ho�vever, That if the violation relates 269 § 44; prior: 1947 c 267 § 7, part; Rem. Supp. 1947
to items (1) to (7) inclusive of this section then the con- § 6360-32a, part; RCW 46.40.210, part.]
dition or defect must be such that it can be detected by
a visual inspection of tires mounted on vehicles, includ- �EffeCtive — September 21� 1977)
ing visual comparison with simple measuring gauges.
[1477 lst ex.s. c 355 § 37; 1971 c 77 § 3.]
{Effective — September 21, 1977)
46.37.480 Television viewers Earphones. No
person shall drive any motor vehicle equipped with any
television viewer, screen or other means of visually
46.37.-3�30 Certain rehicles to carry flares or other receiving a television broadcast which is located in the
, warning derices. (1) tio person shall operate any motor motor vehicle at any point forward of the back of the
truck, passenger bus, truck tractor, motor home, or driver's seat, or �vhich is visible to the driver while oper-
lravel trailer over eighty inches in overall width upon ating the motor vehicle.
any highway outside the corporate limits of municipali- No person shall operate any motor vehicle on a public
ties at any time unless there shall be carried in such high�vay while wearing any headset or carphones con- ,
��ehicle the following equipment except as provided in nected to any electronic device capable of receiving a
subsec[ion (2): radio broadcast or playing a sound recording for the
(a) At least three flares or three red electric lanterns Purpose of transmitting a sound to the human auditory
or three portabie red emergency reflectors, each of senses and which headset or earphones mui'fle or exclude
which shall be capable of being seen and distinguished at other sounds. [1977 lsi ex.s. c 355 § 40; 1961 c I2 §
a distance of not less than six hundred feet under normal 46.37.480. Prior: 1949 c 196 § 11; Rem. Supp. i949 §
atmospheric conditions at nighttime. 6360-98d. Formerly RCW 46.36.150.]
No flare, fusee, electric lantern, or cloth warning flag �EffeCtive — September 21� 1977)
shall be used for the purpose of compliance with the
requirements of this section unless such equipment is of
a type which has been submitted to the state commission
on equipment and approved by it. No portable reflector
unit shall be used for the purpose of compliance with the 46.37.500 Fenders or splash apeons. No person shall
requirements of this section unless it is so designed and operate any motor vehicle, trailer, or semitrailer that is
constructed as to be capable of reflecting red light not equipped with fenders, covers, tlaps, or splash aprons
clearly visible from all distances within six hundred feet adequate for minimizing the spray or splash of water or
to one hundred feet under normal atmospheric condi-• mud from the roadway to the rear of the vehicle. All
tions at night when directly in front of lawful upper such devices shall be as wide as the tires behind which
beams of head lamps, and unless it is of a type which they are mounted and extend downward at least to the
has been submitted to the state commission on equip- center of the axle. [1977 Ist ex.s. c 355 § 41; 1961 c 12
ment and approved by it; § 46.37.500. Prior: 1947 c 200 § 3, part; 1937 c 189 §
(b) At least three red—burning fusees unless red elec- 44, part; Rem. Supp. 1947 § 6360-44, part. Formerly
tric lanterns or red portable emergeney reflectors are RCW 46.36.130 (second paragraph).]
carried;
(c) At least two red—cloth flags, not less than twelve �EffeCtive — Septembez' 21� 1977)
inches square, with standards to support such flags.
23
46.37.510 Seat belts and shoulder harnesses. (1) No (b) For any person to operate a motorcycle or motor—
person shall sell any automobile manufactured or driven cycle which does not have a windshield unless he
assembled after January 1, 1964, nor shall any ov✓ner wears glasses, goggles, or a face shield of a ty��
cause such vehicle to be registered thereafter under the approved by the state commission on equipment.
provisions of chapter 46.12 RCW unless such motor car (2) The state commission on equipment is hereby
or automobile is equipped with automobile seat belts authorized and empowered to adopt and amend regula-
installed for use on the front seats thereof which are of a tiofls, pursuant to the administrative procedure act, con-
t}�pe and installed in a manner approved by the state cerning the standards and procedures for approval of
commission on equipment. Where registration is for glasses, goggles, face shields and protective helmets. The
transfer from an out of state license, applicant shall be state commission on equipment shall maintain and pub-
informed of this section by issuing agent and have thirty lish a list of those devices which the commission on
days to comply. The state commission on equipment equipment has approved. [1977 lst ex.s. c 355 § 55;
shall adopt and enforce standards as to �vhat shal] con- 1471 ex.s. c I50 § 1; 1969 c 42 § 1; 1967 c 232 § 4.)
stitute adequate and safe seai belts and for the fastening
and installation thereof, such standards not to be below (Effective — September 21� 1977�
those specified as minimum requirements by the Society
of Automotive Engineers on June 13, 1963.
(2) Every passenger car manufactured or assembled
after January 1, 1965, shall be equipped with at least
t«�o la�t}�pe safety belt assemblies for use in the front 4637.535 Motorcycles or motor—driven cycles
seating positions. Helmet requirements when motorcycle rented. It is
(3j Every passenger car manufactured or assembled unlawful for any person to rent out motorcycles unless
after January l, 1968, shall be equipped with a }a�-type he shall also have on hand for rent helmets of a type
safety belt assembly for each permanent passenger seat- approved by the commission on equipment. [1977 lst
ing position. This requirement shall not apply to police ex.s. c 355 § 56; 1967 c 232 § 10.J
�ehicles. (Effective — September 21, 1977)
(4) E��er� passenger car manufactured or assembled
���er lanuary 1, 1968, shall be equipped with at least
;�.to shoulder harness—type safety belt assemblies for use
ir! the front s�ating positions.
(5) The commission on equipment shall excuse speci-
-ed t�pes of motor vehicles or seating positions within 46.44.020 �laximum height Impaired clearance
Zs!� motor ��ehicle from the requirements imposed by si�ns. It shall be unlawful for any vehicle unladen or
:Lb;ections (1), (2), and (3) of this section �vhen com- with load to exceed a height of fourteen feet above the
�;iance ���ould be impractical. level surface upon which the vehicle stands: Provided,
� (6) �o person shall distribute, have for sale; offer for That this height limitation shall not apply to authorized
s�le, or sell any safety belt or shoulder harness for use in� emergency vehicles or repair equipment of a public util-
r;otor �ehicies unless it meets current minimum stand- ity engaged in reasonably necessary operation. The pro-
a;ds and specifications approved by the commission or, visions of this section shall not relieve the owner or
t�e Lnited States department of transportation. [t977 operator of a vehicle or combination of vehicles from the
I st ex.s. c 3�� § 42; 1963 c 1]7 § 1.) exercise of due care in determining that sufficient verti-
cal clearance is provided upon the public highways
;��"���'�`��:�� — `>�X��r�`}�"-" ��� �`.�`�?� where such ��ehicle or combination of vehicles is being
operated; and no liability shall attach to the state or to
any count}�, city, town, or other political subdivision by
reason of any damage or injury to persons or property by
reason of the existence of any structure over or across
46.37.530 Motorcycles or motor—driven cycles any public high«ay where the vertical clearance above
Mirrors, glasses, goggles, face shields, and helmets the roadway is fourteen feet or more; or, where such
Regufations and specifications by state comniission on vertical clearance is less than fourteen feet, if impaired
equipment. (1) It shall be unla�vful: clearance signs of a design approved by..the Washington
(a) For any person to operate a motorcycle or motor— state highway commission are erected and maintained
driven cycle not equipped with a mirror on the left side on the right side of any s�ch public highway in accord-
of the handlebars �vhich shall be so located as to give the ance with the manual of uniform traffic control devices
driver a complete view of the highway for a distance of for streets and high«ays as adopted by the Washington
at least two hundred feet to the rear of the motorcycle or state highway commission pursuant to chapter 47.36
motor—driven cycle. RCW. If any structure over or across any public high-
24
way is not owned by the state or by a county, city, town, and a stinger steered semitrailer which has an overall
- or other political subdivision, it shall be the duty of the length in excess of sixty—five feet without load or in
owner thereof when billed therefor to reimburse the excess of seventy feet with load.
Washington state hi�hway commission or the county, "Siinger steered" as used in this section shall mean a
city, town, or other political subdivision having jurisdic- tractor and semitrailer combination which has the cou-
tion over such highway for the actual cost of erecting pling connecting ihe semitrailer to the tractor located to
and maintaining such impaired clearance signs, but no the rear of the center line of the rear axle of the tractor.
liability shall attach to such o�vner by reason of any These length limitations shall not apply to vehicles
damage or injury to persons or property caused by transporting potes, pipe, machinery or other objects of a
impaired vertical clearance above the roadway. [1977 c structural nature which cannot be dismembered an�
81 § 1; 197�—'76 2nd ex.s. c 64 § 7; 1971 ex.s. c 248 § 1;. operated by a public utility when required for emergency
�1965 c 43 § 1; 1961 c 12 § 46.44.020. Prior: 1959 c 319 repair of public service facilities or properties but in
§ 26; 1955 c 384 § 1; 1953 c 125 § 1; 1951 c 269 § 20; respect to night transportation every such vehicle and
1937 c 189 § 48; RRS § 6360-48.� load thereon shall be equipped with a sufficient number
�Effective — March 30� 1977) of clearance lamps on both sides and marker lamps upon
the extreme ends of any projecting load to clearly mark
the dimensions of such load. [1977 Ist ex.s..c 64 § 1;
1975—'76 2nd ex.s. c 53 1; 1974 ex.s. c 76 2• I971
§ § ,
ex.s. c 248 § 2; 1967 ex.s. c 145 § 61; 1963 ex.s. c 3 §
52; 1961 ex.s. c 21 § 36; 1961 c 12 § 46.44.030. Prior:
46.44.030 i�iaximum lengths. It is unlawful for any �959 c 319 § 2$; 1957 c 273 § 14; 1951 c 269 § 22;
person to operate upon the public highways of this state Prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c
any vehicle other than a municipal transit vehicle having 116 § l, part; 1937 c 189 § 49, part; Rem. Supp. 1949 §
an overall length, with or without load, in excess of
thirty—�ve feet: Provided, That an auto stage or school 6360-49, part.j
bus shall not exceed an overall ]ength, inclusive of front
and rear bumpers, of forty feet: Provided further, That �EffeCtive — May 2�F, 1977)
any such school bus constructed prior to April 1, 1977,
shall be equipped with three axles: Provided further,
That any school bus constructed on or after April 1,
1977, and in excess of thirty—six feet six inches shall be
equipped with three axles: Provided further, That the
route of any auto stage in excess of thirty—five feet or 46.44.041 Aiaximum gross weights---Axle faetor.
school bus in excess of thirty—six feet six inches upon or No ��ehicle or combination of vehicles shall operate upon
across the public highways shall be limited as deter- the public highways of this state with a gross load on
mined by the state highway commission for state high- any single axle in excess of twenty thousand pounds, or
ways. or by the local legislative authority for other upon any group of axles in excess of that set forth in the
public roads. following table, except that two consecutive sets of tan-
It is unlawful for any person to operate on the high- dem axles ma}� carry a gross load of thirty—four thou-
ways of this state any combination of vehicles which sand pounds each, if the overall distance between the
contains a vehicle of which the permanent structure is in first and last axles of such consecutive sets of tandem
excess of forty—five feet. axIe's is thirt}—six feet or more.
It is unlawful for any person to operate upon the pub- �'Vhen inches are involved: Under six inches take lower,
lic highways of this state any combination consisting of a six inches or over take higher. The maximum load on
nonstinger steered tractor and semitraiter which has an an�� axle in any group of axles shall not exceed 1.2 times
overall length in excess of sixty—�ve feet. the load given in the above table divided by the number
It is unlawful for any person to operate on the high- of axles in that group, and shall not exceed the single
ways of this state any combination consisting of a truck axle or tandem axle allowance as set forth elsewhere.
and trailer, or any lawful combination of three vehicles, For considering the number of axles in a group, the front
with an overall length, with or without load, in excess of axle of a unit supplying motive power need not be
sixty—�ve feet, or a combination consisting of a tractor included in the axle group.
25
Dis�
tance
in feet Maximum load in pounds .
between carried on any group of 2
the ex- or more consecutive axles
tremes
of any *(Maximum load in pounds carried
group on any group of 2 consecutive
of 2 sets of tandem axles)
or more
consecu-
tive 2 3 4 5 6 7 8 9
axles axles axles axles axles axles axles axles axles
4 34,000
5 34,000
6 34,000
7 34,000
8 34,000 36,500
9 39,000 38,000
]0 40,000 39,500
l I 41,000
12 42,500 42,500
13 44,000 44,000
14 45,500 45,500
]5 47,000 47,000
)6 48,000 48,000 48,000
17 48,500 48,500 49,000
18 49,500 49,500 50,000
19 50,000 50,000 51,000
20 51,000 51,000 52,000 52,000
(55,500)* .
21 51,500 51,500 53,000 53,000
(56,000)*
22 52,500 52,500 54,000 54,000
(56,500)*
23 53,000 53,000 55,000 55,000
(57,500)*
24 54,000 54,000 55,500 56,000 56,000
(58,000)*
25 54,500 55,000 56,500 57,000 57,000
(58,500)*
26 55,500 56,000 57,500 58,000 58,000
(59,500)*
27 56,000 57,000 58,500 59,000 59,000
(60,000)*
28 57,000 58,000 60,000 60,000 60,000 60,000
(60,500)*
29 57,500 59,000 60,500 61,000 61,000 61,000
(61,500)*
30 58,500 59,000 61,500 62,000 62,000 62,000
(62,000)*
31 59,000 60,500 62,500 63,000 63,000 63,000
(62,500)*
32 60,000 61,500 63,500 64,000 64,000 b4,000 64,000
(63,500)*
33 62,500 64,500 65,000 65,000 65,000 65,000
(64,000)*
26 �
r
Dis-
tance
in feet M axinium ioad in pounds
betu�een , earried on any group of 2
che ex- or more consecutive axles
treme�
af any #(Maximum load in pounds carried
graup on any group af 2 cansecutiti�e
a� 2 sets of tandem axles)
or more
cansecu-
tive 2 3 4 5 b 7 8 9
axtes axles axles axles axIes axles axles axles axles
I 34 63,500 65,000 66,500 66,500 66,500 66,500
(64,500)*
33 b4,5Q0 b6,500 67,500 67,a00 67,SQ4 b7,500
(65,SQQ)*
36 65,500 67,500 6$,500 68,500 68,500 6$,SOQ
(68,000)*
37 • b6,500 6$,500 69,500 69,�00 69,500 69,500
38 67,500 b9,000 70,500 74,500 70,5(30 70,500
I 39 6$,40Q 70,OOQ 71,500 71,500 7I,SQ0 71,540
40 68,500 71,000 72,540 72,500 72,500 72,504�
G I 69,500 72,000 73,500 73,500 73,500 73,500
42 70,000 73,000 74,500 '74,500 74,500 74,500
43 � '70,500 74,OOfl 75,500 '75,500 75,500 75,500
44 71,500 75,4Q0 76,SQQ ?6,504 76,500 76,SA0
45 72,000 76,000 7$,000 78,QQQ 78,OQQ ?8,000
46 72,500 76,SQ0 79,000 79,000 79,000 79,000
47 73,500 77,500 80,000 $0,000 80,OOQ 80,000
48 74,d00 78,OOti 8 I.000 81,0{70 �1,U0� 3 l,O(){)
49 74,500 ?8,500 b2,Oti0 82,U0� 82,Of}t} �?,000
50 75,SOQ 79,OOG s3,�QCi 83,40�J 83,OOU 83,{l0�
j I 76,000 $0,000 8�.000 b4,q00 8�,QOQ 84,OflJ
j2 76,Sq0 80,SQ0 $�.000 8>,000 85,000 85,000
�s3 . 7�,500 81,OOt� 86.fl00 �b,040 87,OOQ 87.Q00
�4 ?$,000 $1,�00 85.a00 $7,500 89,�}{70 89,t�U0
>j � 7$,SOQ 82,SQ0 $7.�J4Q $B4OOU 92,G(�0 91,000
56 79,SOQ $3,000 $7.SQ0 90,000 43,Q�0 �3,G04 '
j7 80,000 $3,500 88,000 91,000 95,OOQ 95,000 I
Sg 84,000 $9,000 92,500 97,000 �7,.000
�9 85,000 89.a00 93,500 99,d00 99,G00 j
60 SS,S00 9QA04 9�,Od0 I00,500 l{}0,500
cil 86,000 9G.504 95,500 1Q1,OOQ 1t32,500
62 86,500 91A�0 96,000 F01,500 I04,OQ4
63 87,SQ0 92,000 96,500 102,000 I�S,500
64 88,dp0 9'.500 97,Od0 102,500 1O5,5b0
55 8$,500 93,000 98,d00 103,Ofl0 IOc,500
�� 89,40Q 93,540 98,SQfl t03,500 IOS,S00
67 90,004 94,04Q 99,Q00 1 Q4,000 t OS,SQO
', 68 90,500 94,500 99,SOU 104,500 IOS,500
(9 91,000 9�,500 100,Q00 105,50q 105,500
� 70 91,500 96,0�0 IOi,Odd 105,500 105,500
27
�._ -- - - -
The maximum axle and gross weights specified in this 46.44.091 Speciat permits for oversize or overweight
section are subject to the braking requirements set up movements�—Gross weight limit. (1) Except as other-
for the service brakes upon an}� motor vehicle or combi- wise provided in subsections (3) and (4) of this scction,
nation of vehicles as provided by law. no special permit shall be issued for movement on any
It is unlawful to operate upon the public highways any state highway or route of a state highway within tlie
sin�le unit vehicle, supported upon three axles or more limits of any city or town where the gross weight,
�aith a gross weight including load in excess of forty including load, exceeds the following limits:
thousand pounds or any combination of vehicles having (a) Twenty-two thousand pounds on a single axle or
a gross weight in excess of eighty thousand pounds on dual axles with a wheelbase between the �rst and
without first obtaining an additional tonnage permit as second axles of less than three feet six inches;
provided for in RCW 46.44.095: Provided, That when a (b) Forty-three thousand pounds on dual axles having,
cornbination of vehicles has purchased license tonnage in a wheelbase bet���een the first and second axles of not
excess of' sevent}�-two thousand pounds as provided by less than three feet six inches but less ihan seven feet;
RCVIW +6.16.070, such excess licensc tonnage may be (c) On any group of axles or in the case of a vehicle
applied to the power unit subject to limitations of RCW employing two single axles with a wheel base bet�r�een
46.�4.042 and this section when such vehicle is operated the first and last axle of not less than seven feet but less
without a trailer. than ten feet, a weight in pounds determined by multi-
It is unla«•ful to operate any vehicie upon the public Plying six thousand five hundred times the distance in
highways equipped with two axles spaced less than seven feet bet���een the center of the �rst axle and the center of
feet apart,.unless the two axles are so constructed and the last axle of the group;
mounted in such a manner as to provide oscillation (d) On any group of axles with a wheel base between
bet"�een the t«o axles and that either one of the two the first and last axle of not less than ten feet but less
axles wili not at any one time carry more than the max- �han thirty feet, a weight in pounds determined by mul-
imum gros� µei�ht allowed for one axie specified in this tiplying two thousand t�vo hundred times the sum of
section.
" twenty and the distance in feet between the center of the
\otwithstanding anything contained herein, a vehicle �rst axle and the center of the last axle of the group;
or combination of vehicles in operation on January 4, �e) On any group of axles with a wheel�base between
197�, ma}� operate upon the public highways of this the first and last axle of thirty feet or greater, a weight
state, including the interstate system within the rneaning �n pounds determined by multiplying one thousand six
hundred times the sum of forty and the distance in feet
_ of section 127 of Title 23, United States Code, with an between the center of the first axle and the center of the
overall gross �;�ei?ht upon a group of two consecutive sets �ast axle of the group.
of dual axles «hich �vas lawful in this state under the
laws, regulations and procedures in effect in this state on �2� The total weight of a vehicle or combination of
vehicles allowable by special permit under subsection (1)
January �, 197�. [1977 c $1 § 2; 1975-'76 2nd ex.s. c 64 of this sectian shall be governed by the lesser of the
§ �'-•� �veights obtained by using the total number of axles�as a
(Effective - MarCh 30� 1977� group or any combination of axles as a group.
(3) The weight limitations periaining to single axles
may be exceeded to permit the movement of equipmeni
operatine upon single pneumatic tires having a rim
46.�l4.U90 Special permits for oversize or overweieht �vidth of tv.�enty inches or more and a rim diameter of
morements. The department of transportation, pursuant twenty-four inches or more or dual pneumatic tires hav-
to ru)es adopted by the transportation commission with �ng a rim width of sixteen inches or more and a rim
re:pec[ to state highways and local authorities with diameter of twenty-four inches or more and s��ecialiy
respect to public hiohways under their jurisdiction may, designed vehicles rnanuFactured and eertifi;,�l for special
upon apa(icati�n in writing and good cause being shown permits prior to July 1, 1975.
thcrefor, issuc a special permit in writing authorizing the (4) Permits ma�� be issued for «eights in excess of the
a'ppiicant to operate or move a vchicle or combination or ��mitations contained in subsection (]) of this section on
vehicles of a size, weighl of vehicle, or load exceeding highways or sections of hi�hwa}�s which have been
the maximum specificd in this chapter or otherwise not designed and constructed for WClahts in excess of such
in cor.formity �;�ith the provisions of this chapter upon limitations, or for any shipment duly certified as neces-
any public high«�ay under the jurisdiction of the author- sary by military officials, or by officials of public or pri-
ity granting such permit and for the maintenance of ���e power facilities, or when in the opinion of the
which such authority is responsible. [1977 Ist ex.s. c 151 department of transportation the movement or action is
§ 30; 1975-'76 2nd ex.s. c 64 § 13; 1961 c 12 § 46.44- a �ecessary movement or action: Provided, That in the
.090. Prior: 1951 c 269 � 34; prior: 1949 c 221 § 3, part; jud�ment of the department of transportation the struc-
1947 c 200 § 7, part; 1945 c 177 § l, part; 1937 c 189 § tures and highway� surfaces on the routes involved are
55, part; Rerri. Supp. 1949 § 63b0-55, part.] capable of sustaining «�eights in excess of such limita-
tions and it is not reasonable for economic or operational
(Effective - September 21, 1977)
28
considerations to transport such excess weights by rail or of vehicles in excess of the preceding limitations on
�ti�ater for any substantial distance of the total mileage highways or sections of highways which have been
applied for. designed and constructed for width in excess of such
(5) Application shall be made in writing on special limitations; (3) these limitations may be rescinded when
forms provided b}� the department of transportation and certiCcaiion is made by military officials, or by officials
shall be submitted at least thirty—six hours in advance of of public or private power facilities, or when in the
the proposed movement. An application for a special opinion of the department of transportation the move-
permit for a gross ���eight of any combination of vehicles ment or action is a necessary movement or action: Pro-
exceeding two hundred thousand pounds shall be sub- vided further, That in the judgment of the department of
mitted in w�riting te the department of transportation at transportation the structures and highway surfaces on
least thirty days in advance of the proposed movement. the routes invoived are capable of sustaining widths in
[I 977 Ist ex.s. c l�1 § 3]; 1975—'76 2nd ex.s. c 64 § 14; excess of such limitat.ion; (4) these limitations shall not
1975 lst ex.s. c 168 § 1; 1969 ex.s. c 281 § 30; 1961 c 12 apply to movement during daylight hours on any two
§ 46.44.091. Prior: 1959 c 319 § 28; 1953 c 254 § 12; lane state highway where the gross weight, including
19�1 c 269 § 35; prior: 1949 c 221 § 3, part; 1947 c 200 load, does not exceed forty—five thousand pounds and
§ 7, part; 194� c 177 § 1, part; 1937 c 189 § 55, part; the overall «•idth of load does not exceed sixteen feet:
Rem. Supp. 1949 § 6364-55, part.] Provided, That the minimum and maximum speed of
such movements, prescribed routes of such movements,
�Effeetive — September 21� 1977) the times o�' such movements, limitation upon frequency
of trips (which limitation shall be not less than one per
week), and conditions to assure safety of traffic may be
prescribed by the department of transportation or local
authority issuing such special permit.
46.44.092 Special permits for oversize or overweight The applicant for any special permit shall specifically
mo�ements--Orerall width limits---Application for describe the vehicle or vehicles and load to be operated
permit. Iv'o special permit shall be issued for movement or moved and the particular state highways for which
on any two lane state highway outside the limits of any permit to operate is requested and whether such permit
cit} or town where the overall �vidth of load exceeds is requested for a single trip or for continuous opera[ion.
fourteen feet, or on any multiple lane state highway (1977 Ist ex.s. c 151 § 32; 19i5—'76 2nd ex.s. c 64 § 15;
«�here the overall width of load exceeds thirty—two feet; 1970 ex.s. c 9 § 1; 1969 ex.s. c 281 § 60; 1965 ex.s. c
except that on multiple lane state highways where a 170 § 39; 1963 ex.s. c 3 § S4; 1961 c 12 § 46.44.092.
ph}sical barrier serving as a median divider separates Prior: 19�9 c 319 § 29; t955 c 146 § 2; 1951 c 269 § 36;
the oncoming and opposing traffic lanes, no special per- prior: 1949 c 22t � 3, part; 1947 c 200 § 7, part; 1945 c
mit shall be issued for width in excess of twenty feet: »� § 1, part; 1937 c 189 § �5, part; Rem. Supp. 1949 §
Provided, That (1) in the case of buildings, the limita- 6360-55,.pa�t.]
tions referred to in this section for movement on any two
lane state high�va} other than the nationa) system of �EffeCtive — September 21, 1977�
interstate and defense highways may be exceeded under
the following conditions: (a) Controlled vehicular traffic
shall be maintained in one direction at all times; (b)
maximum distance of movement shall not exceed five
miles; additional contiguous permits shall not be issued 46.44.095 Annual additional tonnage permits�--
to exceed the five—mile limit: Provided, That when the Fees. L;ntil December 3l, 1976, a combination of vehi-
dcpartment of transportation, pursuant to general rules cles lawfull} licensed to a total gross weight of seventy—
adopted by the transportation commission, determines a two thousand pounds, and a three or more axle single
ha:dship µ�ould re�ult, this limitation may be exceeded unit vehicle lawfully licensed to a tota( gross weight of
upon approval of the departrnent of transportation; (c) forty thousand pounds, and on January l, 1977, and
prior to issuing a permit a qualified transportation thereafter, �ti�hen a combination of vehicles has been
department emplo}�ee shall make a visua) inspcction of 1a��fully licensed to a tota! gross weight of eighty thou-
the building and route involved determining that the sand pounds and whcn a three or more axle single unit
conditions listed herein shali be complied with and that vehicle has been lawfull}' ticensed to a total gro�s weight
structures or overhead obstructions may be cleared or of'fort}' thousand pounds pursuant to provisions of RCW
moved in order to maintain a constant and uninterrupted 46.44.041, a perm�t for additional gross weight may be
movement of the building; (d) special escort or other �ssued by the department of transportation upon the
precautions may be imposed to assure movement is made Payment of thirty—seven dollars and fifty cents per year
under the safest possible conditions, and the Washington for each one thousand pounds or fraction thereof of such
state patrol shall be advised when and where the move- additional gross weight: Provided, That the tire lirr�its
ment is to be made; (2) permits may be issued for widths specified in RCW 46.44.042 shall apply, and the gross
29
weight on any single axle shall not exceed twenty thou- operator or owner is submitted on official listings of
sand pounds, and the gross load on any group of axles authorized fieet operators furnished by the department
shall not exceed the limits set forth in RCW 46.44.041: of motor vehicles. Listings furnished shall also include
Provided further, That an additional two thousand the percentage of mileage operated in Washington which
pounds may be purchased for an amount not to exceed shalt be the same percentage as determined by the
thirty dollars per thousand for the rear axle of a two- department of motor vehicles, for purposes of prorating
axle ga;bage truck. Such additional weight shall not be license fees. [1977 lst ex.s. c I 51 § 33; 1975—'76 2nd
vatid or permitted on any part of the federal interstate ex.s. c 64 § 17; 1974 ex.s. c 76 § 1; 1973 lst ex.s. c 150
highway system where the maximum single axle load § 3; ]969 ex.s. c 281 § 55; 1967 ex.s. c 94 § 15; 1967 c
shall not exceed twenty thousand pounds. 32 § 51; 1965 ex.s. c 170 § 38; 1961 ex.s. c 7 § 15; 1961
The annual additional tonnage permits provided for in c 12 § 46.44.09�. Prior: 1959 c 319 § 31; 1957 c 273 §
this section shall be issued upon such terms and condi- 18; 19�5 c 185 § 1; 1953 c 254 § 13; 1951 c 269 § 39;
tions as may be prescribed by the department pursuant prior: 1949 c 22l § 3, part; 1947 c 200 § 7, part; 1945 c
to general rules adopted by the transportation commis- 177 § l, part; 1937 c 189 § 55, part; Rem. Supp. 1949 §
sion. Such permits shall entitle the permittee to carry 6360-55, part.]
such additional load in such an amount and upon such
highways or sections of highways as may be determined (Effective — September 21, 1977)
by the department of transportation to be capable of
�vithstanding such increased gross load without undue
injury to the highway: Provided, That the permits shall
not be valid on any highway where the use of such per-
mits would deprive this state of federal funds for high- 46.52.030 Acc�dent repores (as amended by 1977 lst ex.s. c 68).
W3y pUrPOSeS. The driver of an� vehicle involved in an accident resulting in injury to
The annual additional tonnage permits provided for in or death of any person or damage to the property of any one person to
t}lls SeCtiOn shall CommeriCe On the first of January Of an apparent extent of one hundred dollars or more, shail, within
twent��—four hour after such accident, make a written report of such
each }�ear. The permits may be purchased at any time, accidene to the chief of police of che c;ty or cown if such accident
and if they are purchased for less than a full year, the occurred within an incorporated city or town or the county sheri{f or
fee shall be one—twelfth of the full fee multiplied by the state patrol if such accident occurred outside incorporated cities and
towns,the originat oC such report to be immediately forwarded by the
number of months, including any fraction thereof, cov- authoricy rece;�ing such reporc to che chief of che Washingeon state
ered by the permit. �Vhen the department issues 8 patrol at OI}•mpia,Washington,and the second copy of such report to
duplicate permit to TeP1aCe 2 lOst or destroyed permit be forwarded to the department of motor vehicles at Olympia,
and where the department transfers a permit from one Washington.The chieC of the Washingtoi.state pacrol may require any
vehicle to another a fee of five dollars shal] be charged driver of any vehicle invoived in an accident, of which report must be
made as provided in this section,to Cle supplemental reports whenever
for each s�ch duplieate issued or each such transfer. The the original report in his opinion is insufficient and may likewise
department of transportation shall issue such permits on require witnesses of any such accident to render reports. For this pur-
a temporary basis for periods not less than five days at P�se, the chief of the Washington state patrol shall prepare and,upon
request, supply to any police department, coroner, sheriff and any
one dollar per day for each two thousands pounds oT other suitable agency or individual, sample forms of accident reports
fraction thereof. requirzd hereunder, which reports shall be upon a form devised by the
The fees levied in RCW 46.44.0941 and this section chief of the Washington state patrol and shall call for sufficiently
shall not apply to any vehicles owned and operated by detai;ed iaforma�ion to disclose ail material facts with reference to the
accident to be reported thereon, including the ►ocation, the cause, the
the state of Washington, 3ny COUT1ty within the state or �onditions then existing, and the persons and vehicles involved, per- ,
any City Or tOwrt O[' metropolitan muniCip31 corporation sonal injury or death,if any,the amounts of property damage claimed,
within the state, or by the federal government. che cocal number of veh;cles in�olved,whether the vehicles were legally
Irt the case of fleets prorating license fees unCler the Parked, legally� standing, or moving, and whether such vehicles were
occupied at the time of the accident. Every required accident report
Pio:'isions of chapter 46.85 RC�V the fees provided for shall be made on a form prescribed by the chief of the Washington
tn this SeCtiOn shall be eomputed by the department of state patrol and each authority charged with the duty of receiving such
transportation by applying the proportion of the reporu s�all pro�ide sufficient report forms in compliance with the
Washin to11 milea e of the fleet in uestion to t}te tOtal form de��ised. T'�e report forms shall be designated so as to provide
g g q that a copy ma} be retained by the reporting person. [1977 lst ex.s.c
milea�e of the fleet as reported pursuant to chapter 68 § 1; 1969 ex.s. c 40§ 2; 1967 c 32 § 54;1965 ex.s.c 119 g 1; 1961
46.85 RCW to the fees that would be required to pur- c iz � a�.52.03Q Prior: 1943 c ts.� � �; 1937 c 189 § t35; RRS §
chase the additional weight allowance for all eligible ' 6360-13>.J
veliicies or combinations of vehicles for which the extra
weight allowance is requested. �`-�'�`���4zJe = 5eptember 21, 19??}
The department of transportation shall prorate the
fees provided in this section o;�ly if the name of the
30
46.52.030 �.ccident re rts as amended b 1977 lst ex.s.c 369 2 This section shall not a 1 at:
v� ( y � � ) PP Y
The driver of any vehicle involved in an accident resulting in injury to (a� Any railroad grade crossing at �vhich traffiC is
or death of any pe,rson or damage to the property of any one person to Controlled by a p�lice offiCer or � duly 3uthorized
an apparent excent of three hundred dollars or more, shall, within
twenty—four hours aEter such accident, make a writtert report of such flagman;
accident to the chief of police of the city or town if such accident (b) Any railro3d grade crossing at which traffic is ,
cecurted within an incorporated city or town or the county sheriff or regulated by a traffic control signal;
state patrol if such accident occurred outside incorporated cities and �c) Any railroad grade crossing protected by crossing
towns, the ori¢ir.al of such report shall be immediately forwarded by
the authorit} recziving such report to the chief of the Washington state gates or an alternately flashing light signal intended to
patrol at Ol}mpia, Washingcon,and ehe second copy o�such report to give warning of the approach of a railroad train;
be torµarded to the department of motor vehicles at Olympia, �d) Any railroad grade crossing at which an official
Washington.The chief of the Washington state patrol may require any
driver of an}� ve5icle involved in an accident,of which report must be traffic control device as designated by the utilities and
made as provided in this section,to file supplemental reports whenever transportation commission pursuant to RCW 81.53.060
the original report in his opinion is insufficient and may likewise gives notice that the stopping requicement imposed by
require witnesses of any such accident to render reports. For this pur- this section does not apply. (1977 c 78 § 1; 1975 c 62 §
pose. the chizf of the Washington state patrol shall prepare and,upon
request, suppl}� to any police department, coroner, sheriff, and any 31; 1970 CX.S. C 1�� § 7; 1965 ex.s. c 1 SS § 48.�
othcr suitable agency or individual, sample forms of accident reports
required hereunder,which reports shall be upon a form devised by the
chief of the ��'ashington state patrol and shall call for sufficiently (Effeetive - June 9� 1977)
detailed information to disclose all materia(facts with reference to the
accident to be reported thereon, including the location, the cause, the
conditions then existing, and the persons and vehicles involved, per-
sonal injury or death,if any,the amounts of property damage claimed,
the total number of vehicles involved,whether the vehicles were legally
parked or moving,and whether such vehicles were occupied at the time
of the accident. Every required accident report shall be made on a 46.61.415 �i'hen loCal authorities may 31ter maxi-
form prescribed by the chief of the Washington state pairol and each mum limits. (I) Whenevef loCal 2UthOt'ittes ln their
authority charged with the duty of receiving such reports shall provide
sufficient report forms in compliance with the form devised.The report Fe�peCtive jurisdiCtiOns deteimtne oI1 the basts Of an
forms shall be designated so as to provide that a copy may be retained engineering and traffic investigation that the maximum
by the reporting person. [1977 lst ex.s.c 369 § 2; 1969 ex.s.c 40§ 2; s�eed permitted under RCW 46.61.400 or 46.61.440 is
1967 c 32 § 54; 1965 ex.s. c 119 § 1; 1961 c 12 § 46.52.030. Prior:
1943 c 154 § 1; 1937 c 189§ 135;RRS§636�135.] greater or less than is reasonable and safe under the
conditions found to exist upon a highway or part of a
Reviser's note:RCW 46.52.030 was amended twice during the �97� highway, the local authority may determine and declare
first extraordinary session of the legislature,each without reference to
che other. a reasonable and safe maximum limit thereon which
Eor rule oC construction concerning sections amended more than (a) Decreases the limit at intersections; or
once at the same session,see RCW 1.t2.025. (b) Increases the limit but not to more than sixty
miles per hour; or
�EffeCtive — September 21� 1977) (c) Decreases the limit but not to less than twenty
miles per hour.
(2) Local authorities in their'respective jurisdictions
shall determine by an engineering and traffic investiga-
46.61.350 Certain r�ehicles must stop at alI railroad tion the proper maximum speed for all arterial streets
grade crossings--Exceptions. (1) The driver of any and shall declare a reasonable and safe maximum 1'imit
motor vehicle carrying passengers for hire, other than a thereon �vhich may be greater or less than the maximum
passenger car, or of any school bus or private carrier bus speed permitted under RCW 46.61.400(2) but shall not
carr}�ing any school child or other passenger, or of any exceed sixty miles per hour.
vehicle carrying explosive substances or flammable liq- (3) The secretary of transportation is authorized to
uids as a cargo or part of a cargo, before crossing at establish speed limits on county roads and city and town
grade any track or tracks of a railroad, shall stop such streets as shall be necessary to conform with any federal
vehicle within fifty feet but not less than �fteen feet requirements which are a prescribed condition for the I
from the nearest rai! .of such railroad and while so allocation of federal funds to the state.
stopped shall listen and look in both directions along (�) Any altered limit established as hereinbefore
such track for any approaching train, and for signals authorized shall be effective when appropriate signs giv-
indicating the approach of a train, except as hereinafter ing notice thereof are erected. Such maximum speed
'provided, and shall not proceed until he can do so safely. limit may be declared to be effective at all times or at
After stopping as required herein and upon procceding such times as are indicated upon such signs; and differ-
�ti�hen it is safe to do so the driver of any said vehicle �ng limits may be established for different times of day,
shatl cross only in such gear of the vehicle that there will different types of vehicles, varying weather conditions,
be no necessity for changing gears while traversing such and other factors bearing on safe speeds, which shall be
crossin�, and the driver shall not shift gears while cross- effective when posted upon appropriate fixed or variable
ing theytrack or tracks. signs.
' 31
f5) Any alteration of maximum limits on state high- underpass upon a state highway, or the governing body
wa}�s within incorporated cities or towns by local or authorities of any county, city, or town, if it be upon
authorities shall not be effective until such alteration has roads or streets under their jurisdiction, may restrict the
been approved by the secretar} of transportation. [1977 speed �vhich may be maintained or the gross weight or
lst ex.s. c 151 § 36; 1974 ex.s. c 103 § 3; 1963 c 16 § 4. size which may be operated upon ox over any such
Formerly RCW 46.48.O14.] bridge or elevated structure or�'throuoh any such tunnel
or underpass wjth safety thereto. The secretary or the
�Lf fective - September 21, 1977) governing body' or authorities of any county, city, or
to�vn 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 sha(1 cause suitable signs
46.61.425 Minimum speed regulation Passing stating such maximum speed or maximum gross weight,
slow� moving vehicle. (1) No person shall drive a motor or size, or either, to be erected and maintained on the
vehicle at such a slo�v speed as to impede the normal and right hand side of such highway, road, or street and at a
reasonable movement of trafCc except when reduced distance of not less than one hundred feet From each end
speed is necessary for safe operation or in compliance of such bridge, st�ucture, tunnel, or underpass and on
�ti�ith law: Prvvided, That a person following a vehicle the approach thereto: Provided, That in the event that
driving at less than the legal maximum speed and desir- any such bridge, elevated structure, tunnel, or underpass
ing to pass such vehicle ma}' exceed the speed limit, is upon a'city street desibnated by the transportation
subject to the provisions of RC�'�' 46.61.120 on highways commis�ion as forming a part of the route of any state
ha�ing only one lane of traffic in each direction, at only highway through any such incorporated city or town the
such a speed and for only such a distance as is necessary determir�ation of any maximum speed or maximum gross.
to corrmplete the pass with a reasonable margin of safety. weight or size which such bridge, elevated structure,
(2) �'4'henever the secretary of transportation or local turinel, or underpass can withstand or accommodate
authorities within their respective jurisdictions determine shall not be enforceable at any speed, weight, or_size less
on the basis of an engineering and traf�c investigation than the maximum allowed by law, unless with the
that slow speeds on any part of a highway unreasonably approval in writing of the secretary. Upon the trial of
im,pede the normal movement of traffic, the secretary or any person charged with a violation of this section, proof
such local authority may determine and declare a mini- of either violation of maximum speed or maximum
mum speed limit thereat which shall be effective when weight, or size, or either, and the distance and (ocation
appropriate sions giving notice thereof are erec�ed. No of such signs as are required, shall constitute conclusive
person shall drive a vehicle slower than such minimurr� evidchce of the maximum speed or mar.imum weight, or
speed limit except when necessary for safe o��ration or size, or'either, which can be maintained or carried with
in cocr.pliance with law. [1977 lst ex.s. c 151 § 37; 1969 safety over such bridge or elevated structure or through
c 13� � 1; 1957 c 25 § 2; 1963 c 16 § 6. Formeriy RCW such tunnel or underpass. [1977 lst ex.s. c 151 § 39;
46.48.015.� 19G1 c 12 § 46.48.080. Prior: 1937 c 189 § 70; RRS §
(Effective - September 21, 19'77� 6360-70. Formerly RCW 46.48.080.]
(Effective - September 21� 1977)
- 46.61.4�0 lfaximum speed, weight, or size in trav-
ersing bridges, elevated structures, tunnels, under-
passes----Yosting limits. It shall be unlawful for any 46.61.515 Driving while under the influence of
person to operate a vehicle or any combination of vehi- intoxicating liquor or drugs Penalties Penalty
cles o�•er an�� bridge or other elevated structure or assessments in addition to fines, etc.—Suspension or
through an} tunnel or underpass constituting a part of re�ocation of license--,�ppeal. (I) Every person who is
an�� public high��•ay at a rate of speed or with a gross convicted of a violation of (a) driving a motor vehicte
weight or of a size which is greater_at any time than the �'hile under the influence of intoxicating liquor or (b� I
maximum speed or maximum weight or size which can driving a motor vehicle while under the influence of a
be maintained or carried with safety over any such drug to a degree �tihich renders the driver incapable of
brictge or structure or through any such tunnel or safely driving a motor vehicle shall be punished by
undcrpass when such bridge, structure, iunnel, or under- �mprisonment for not less than �ve days nor more than
pass is sign posted as hereinafter provided. The secretary one year, and by� a fine of not less than fifty doltars nor
of transportation, if it be a bridge, structure, tunnel, or more than five hundred dollars.
32 �
On a second or subsequent conviction of either offense (b) On a second conviction under either such offense
within a �ve year period he shal] be punished by impris- «'ithin a five year period, be suspended by the depart-
onment for not less than thirty days nor more than one ment for not less than sixty days after the termination of
year and by a �ne not less than one hundred dollars nor such person's jail sentence;
more than one thousand dollars, and neither the jail (c) On a third or subsequent conviction under either
sentence nor the fine shall be suspended: Provided, That such offense within a �ve year period, be revoked by the
the court may, for a defendant who has not previousty department.
had a jaii sentence suspended on such second or subse- (5) In any case provided for in this section, where a
quent conviction, suspend such sentence and/or fine only driver's license is to be revoked or suspended, such revo-
on the condition that the defendant participate in and cation or suspension shall be sta}'ed and shall not take
successfully complete a eourt approved alcohol treat- effect until after the determination of any appeal from
ment program: Provided, further, That the suspension the conviction which may lawfully be taken, but in case
shall be set aside upon the failure of the defendant to such conviction is sustained on appeal such revocation or
provide proof of successful completion of said treatment suspension shall take effect as of the date that the con-
program within a time certain to be established by the �iction becomes effective for other purposes. [1977 lst
court. If such person at the time of a second or subse- ex.s. c 3 § 3; 1975 lst ex.s. c 287 § 2; 1974 ex.s. c 130 §
quent conviction is without a.license or permit because l; 1971 ex.s. c 284 § l; 1967 c 32 § 68; 1965 ex.s. c 155
of a previous suspension or revocation, the minimum § 62.]
mandatory sentence shall be ninety days in jail and a (Effective — September 21, 1977)
two hundred dollar �ne. The penalty so imposed shatl
not be suspended.
(2) There shall be levied and paid into the highway
safety fund of the state treasury a penalty assessment in
the minimum amount of twenty—five percent of, and
which shall be in addition to, any fine, bail forfeiture, or 46.61.560 Stopping, standing, or parking outside of
costs on all offenses involving a violation of any state business or residence districts. (1) Outside of incorpo-
statute or city or county ordinance relating to driving a rated cities and towns no person shall stop, park, or
motor vehicle while under the influence of intoxicating Ieabe standing any vehicle, whether attended or unat-
Iiquor or being in actual physical control of a znotor tended, upon the roadway.
vehicle while under the influence of intoxicating liquor: (2) Subsection (1) of this section, RCW 46.61.570,
Provided, That all funds derived from such penalty and 46.61.575 shall not apply to the driver of any vehicle
assessment shall be in addition to and exclusive of „hich is disabled in such manner and to such extent that
assessments made under RCW 46.81.030 and shall be it is impossible to avoid stopping and temporarily leaving
for the exclusi��e use of the department for driver ser- the vehicle in such position. .
vices programs and for a state—wide alcohol safety �3� Subsection (1) of this section shall not apply to
action program, or other similar programs designed pri- the dri�•er of a public transit vehicle who shal( tempo-
marily for the rehabilitation or control of traf�c offen- rarily stop his vehicle upon the'roadway for the purpose
ders. Such penalty assessment shall be included in any o('and while actually engaged in receiving or discharging�
bail schedule and shall be included by the court in any passengers at a marked transit vehicle stop zone
pronouncement of sentence. appro��ed by the state highway commission or a county
(3) Notwithstanding the provisions contained in chap- upon highways under their respective jurisdictions.
ters 3.16, 3.46, 3.50, 3.62, or 35.20 RCW, or any other (}977 c 24 � 2; 1965 ex.s. c 155 § 64.]
section of law, the penalt�� assessment provided for in
subsection (2) of this section shall not be suspended, 977)
�tiaived, modified, or deferred in any respect, and_ all �Effective — Mareh 17, 1
mone}�s derived from such penaity assessments shall be
torwarded to the highway safety fund to be used exclu-
sively for the purposes set forth in subsection (2) of this
section.
(4) The license or permit to drive or any nonresident 46.61.570 Stoppiag, standing, or parking prohibited.
privile�e of any person convicted of either of the offenses �n specified place� Reserr•ing portion of highway pro-
named in subsection (1) above shall: hibited. (1) Except'when necessary to avoid confiict with 'i
(a) On the first conviction under either such offense, other traffic, or in compliance with law or the directions
be suspended by the department for not less than thirty of a police officer or official traffic control device, no I
days: Provided, That the court may recommend that no person shall:
suspension action be taken; (a) Stop, stand, or-park a vehicle:
33 �
� i
i
i
�
(i) On the roadway side of any vehicle stopped or 46.6I.575 A�tIlt10R8I parking regulations. {I} I
parked at the edge or curb of a street;
(ii) C)n a sidewalk or street ptanting strip; Except as otherwise grovided in this section, every vehi-
jl� clz stopped or parked upon a twq–way roadway shall be
(" ) Within an interseciian; so stopped or parked with the right–hand wheets paraIlei
(iv} Qn a crosswatk; to and within twetve inches of the right–hand curb or as
(v) Between a safety zone and the adjacent curb or cJose as practicabie to the right edge of ihe right–hand
' within thirty feet of points on the curb immediately shoulder.
appasite the ends of a safety zone, unless afficial signs or (2) E,xcept when otherwise provided by local ordi-
markings indicate a different np–parking area opposite nance,,every vehicle stapped ar parked upon a one–way
ihe ends of a safety zone; roadway shall be sa stopped or parked paratlei to the
(vi) Alongside or opposite any street excavaEian ar curb or edge of ihe raadway, in the directian of author-.
obstruction when stopping, standing, or parking would ized traffic mavement, with its righi–hand wheels within
obstruct traf�c; twelve inches of the right–hand curb or as close as prac-
{vii} Upan an}� bridge or other etevated structure upan ticable to the right edge of the right–hand shoulder, or
a highway or within a highway tunnei; with its teft–hand wheels within twetve inches of the
(viii) On any railroad tracks; left–hand curb ar as close as practicable ta the ieft edge
(ix) In the area between raadways of a divided high- of the left–hand shaulder.
way including crossovers; ar (3) Local authorities may by ordinance or resolution
(x} At any place where official signs prahibit permit angle parking on any roadway, except that angte
stapping. parking shati not be permitted on any federal–aid ar
(b) Stand ar park a vehicle, whether oceupied or nat, state highway uniess the secretary of transportation has
except momentarily to pick up or discharge a passenger determined by order that the raadway is of sufficient
or passengers: width to permit angle parking without interfering with
(i) In front of a public or private driveway or within the free movement of traf�c.
five feet af the end af the curb radius leading thereto; (4} The secretar}� with respect ta highways under his
{ii) Within fifteen feet af a �re hydrant; ar her jurisdictio� may piace officia! traffic contral
(iii) Within tu�eniy feet of a crosswalk, deti�ices prahibiting, limiting, ar restricting the stopping,
(iv) Within thirty feet upon the approach to any standing, or parking of vehicles on any highway where
flashing signat, stop sign, yield sign, or trafCc control thc secretary has determined by order, such stopping,
signal located at ihe side of a roadway; standing, ar parking is dangerous to those using the
(v) �Vithin t«�enty feet of the driveway entrance to highway or where the stapping, standing, or parking of
an}� �re station and on the side of a street opposite the v�hicles �vould unduly interfere with the free moyement
entrance to any� fire statipn within seventy–five feet af of traf�c thereon. No person shall stop, stand, or park
! said entrance when properly signposted; or an;� vehicte in violation of the restrictions indicated by
(vi} At any piace where official signs prohibit such deviees. [19�7 ist ex.s. e 15l § 41; I975 c 62 § 36;
standing. 1965 ex.s. c l53 § b7,]
tem��oParil afor�Lhe� Whether accupied or not, except ���`feetive – September 21, 1�'�7�
P y pwpose of and while actualty
engaged in loading or unloading property or passengers;
(i) Within �fty feet of the nearest rail of a railroad
crossing; or
(ii) At any place where of�cial signs prohibit parking..
t2) Parking or standing shal! be permitted in the
manner provided by law at all other places except a time 4�,�1.67Q Driring with wheels off roadway. It shatl
timit may be imposed or }�arking restricted at ather be unlawful to operate or drive any vehicle or combina-
ptaces but such Iin�iiation and restriction shali be by city tian of vehicles over or along any pavement or gravel or�
ordinance nr county resoiution or order of the secretary crushed rock surface on a pubiic highway with one wheet
of transportation upon high�vays under their respective or all of the wheels off the raadway thereof, except as
jurisdictions. permitted by RCW 45.6I.42$ or far the pucpose of
(3) No persan shatl move a vehicle not lawfully under stopping off such roadway, or having stapped thereat,
I his or her control inta any such prohibited area or away far proceeding back anto the pavement, gravel ar
from a curb such a distance as is unlawful. crushed rock surface thereof. [i977 tst ex.s. c 39 § 2;
(4) It shall be unlawful for any person Eo reserve or �9�� � Z� � 46.56.13Q. Priar: 1937 c 389"§ 9b; RRS §
attempt to reser��e any portion of a highway for the pur- 6364-96. �armerly RCW 46.36,13Q, (secondy t�"lIf(�,
pose af stopping, standing, or parkin� ta the exclusian of fourth paragraphs�. Forrnerly RCW 46.56.130.]
any other like person, nor shati any person be granted
snch right, (1977 Ist exs. c l53 § 40; 19�5 c b2 § 3S; �Effective - 8eptember 21� 1977)
1965 exs. c 1 SS § 66.]
(Effective – september 22, 1977)
34 I
—
__ — . +
46.80.010 De�nitidns. (1) "Motor vehicle wrecker," 60.04.020 Notice t6at materialmen's lien may be
whenever used in this chapter, shall mean every person,
firm, partnership, association, or corporation engaged in claimed. Every person, firm or corporation furnishing
the business of buying, setling, or dealing in vehicles of a materials or supplies or renting, leasing or otherwise.
type required to be licensed under the laws of this state, supplying equipment, to be used in the construction,
for the purpose of wrecking, dismantling, disassembling, alteration or repair of any mining claim, building, �vharf,
or substantially changing the form of any motor vehicle, bridge, ditch, dyke, flume, tunnel, weil, fence, machin-
or who buys or sells integral second—hand parts of com- ery, railroad, street railw�ay, wagon road, aqueduct to
ponent material thereof, in whole or in part, or who create hy�draulic po�ver, or any other building, or any
deals in second—hand motor vehicle parts. other structure, or mining claim or stone quarry, shall
give to the owner or reputed owner of the property on,
(2) "Established place of business," whenever used in upon or about which such materiais or supplies or
this chapter, shall mean a building or enclosure which equipment is and/or were used, a notice in writing,
the motor vehicle wrecker occupies either continuously �vhj�h notice shall cover the material, supplies or equip-
or at regular periods and where his books and records ment i�urnished �r leased during the sixty days precedin�
are kept and business is transacted and which must con- the givina of such notice u; �vell as atl subseyuent mate-
form with zoning regulations. �rials, su}�plics or equipment furnished or leascd; stating
(3) "Major component part", whenever used in this in sub;tance and effect that such person, firm or corpo-
chapter, shall include at least each of the following ration is :jnd/or has furnished materials and supplies, or
vehicle parts: (a) Engines and short blocks; (b) frame; equipment for use thereon, �vith the name of the con-
(c) transmission and/or transfer case; (d) cab; (e) door; iractor or agent ordering the same, and that a lien may
(f) front or rear differential; (g) front or rear clip; (h) b� claimed for all materials and supplies, or equipment
quarter panel; (i) truck bed or box; (j) seat; (k) hood; furnished by such person, firm or corporation for use
and (1) bumper. 'I'he director may supplement this list by thereon, which notice shall be given by (1) mailing the
rule. same by registered or certificd mail in an envelope
(4) "Wrecked vehicle", whenever used in this chapter, add�essed to the owner or reputed o���ner at his place of
sha(I mean a vehicle which is disassembled or dismantled residence or reputed residence, or (2) by serving the
or a vehicle which is acquired with the intenE to disman- same personally upon the owner or reputed o�vner and
, tle or disassemble and never again to operate as a vehi- �btaining evidence of such service in the form of a
cle, or a vehicle which has sustained such damage that receipt or other acknowledgment signed by such owner
its cost to repair exceeds the fair market value of a like or reputed owner: Provided, hotivever, That with respect
vehicle which has not sustained such damage, or a to materials or supplies or equipment used in construc-
damaged vehicle whose salvage value plus cost to repair tion, alteration or repair of any single family residence .
equals or exceeds its fair market value, if repaired, or a or garage such notice must be given not later than ten
vehicle which has sustained such damage or deteriora- da}'s after the date of the first delivery of such materials
tion that it may not la�vfully operate upon the highways �or supplies or equipment. No materialmen s lien shall be
of this state for which the salvage value plus cost to enforced unless the provisions of this section have been
complied �vith: Provided, That in thc event the notice
repair exceeds its fair market value, if repaired; further, required by this section is not given within the time
it is presumed that a vehicle is a wreck if it has sus- specified bv this section, any lien or claim of lien shall
tained :uch damage or deterioration that it may not be enforceable only for materials and supplies or equip-
la�vfull} operate upon the highways of this state. [1977 ment delivered subsequent to such no;ice being given to
]st ex.s. c 253 § 2; 1961 c 12 § 46.80.010. Prior: 1947 c the o���ner or reputed owner, and such lien or claim of
262 § 1: Rem. Supp. 1947 § 8326-40.J ]ien shall. be secondary to any lien or claim of lien
established where such notice �vas given within the time
�EffeCtive - September 21, 1977) limits prescribed by this section. (1977 ]st ex.s. c 57 § 1;
1969 ex.s. c 84 § l; 1465 c 98 § l; 19�9 c 279 § 2; 19�9
c 278 § 1; 1957 c 214 § 1; 1911 c 77 § I; 1909 c 45 § 1;
RRS § 1133.]
(Effective - January 1, 1978)
35
TEXT OF NEW TRAFFIC STATUTES THAT WERE ENACTED AT EITHER THE 1977
REGUi.�AR OR FIRST EXTRAORDINARY SESSION OF THE LEGISLATURE:
46.37.196 Red lights on emergency tow trucks. All (b) Constitute a hazard to pedestrians and cyclists.
emergency tow trucks shall be identi�ed by an intermi{_ For the purposes of this section, a wheel nut is de�ned
tent or revolving red light capable of 360° visibility at a as an exposed nut which is mounted at the center or hub
distance of ���e hundred feet under normal atmospheric of a wheel, and is not one of the ordinary hexagonal nuts
conditions. This intermittent or revolving red light shall ��hich secure a wheel to an axle and are normally cov-
be used only at the scene of an emergency or accident, ered b}� a hub cap or wheel disc.
and it uill be unlawful to use such light while traveling (2) Tire rims and wheel discs shall have no visible
to or from an emergency or accident, or for any other crzcks, elongated bolt holes, or indications of repair by
purposes. [1977 lst ex.s. c 355 § 16.] w'elding. Irt addition, the lateral and radial runout of
each rim bead area shall not exceed one—eighth of an
(Effective — September 21, 1977) inch of total indicated runout.
(3) King pins or ball joints shall not be worn to the
extent that front wheels tip in or out more than one—
quarter of an inch at the lower edge of the tire. [1977
� 46.37.215 Hazard warning lamps. (1) Any vehicle lst ex.s. c 355 § 30.]
may be equipped with lamps for the purpose of warning
other operators of other vehicles of the presence of a �EffeCtive — September 21, 1977)
vehicular traf�c hazard requiring the exercise of unusual
care in approaching, oveftaking, or passing.
(2) After June i, 1978, every motor home, bus, truck,
truck tractor, traiaer, semitrailer, or pole trailer eighty
inches or more in overall width or thirty feet or more in 46.37.375 Steering and suspension systems. (Ij
overall length shall be equipped with lamps meeting the Construction of steering control system. The steering
requirements of this section. control system shall be construeted and maintained so
(3) Vehicular hazard warning signal lamps used to that no components or attachments, including horn acti-
display such warning to the front shall be mounted at vating mechanism and trim hardware, can catch the'
the same level and as widely spaced��aterally as practi- driver's clothing or jewelry during normal driving
• cable, and shall display simultaneously flashing amber maneuvers.
light: Provided, That on any vehicle manufactured prior (2) Maintenance of steering controt system. System
to January 1, 1969, the lamps showing to the front may play, lash, or free ptay in the steering system shall not
display simultaneously flashing white or amber lights, or exceed the values tabulated herein.
any shade of color between white and amber. The lamps •e
used to display such warning to the rear shall be Steering wheel diameter Lash
mounCed at the same level and as widely spaced laterally (inches) (inches)
as practicable, and shall show simultaneously f7ashing� . 16 or less . . .. . . . . . . . . . .
. . . . . . . . . . . . . ... . . . . . . . 2
amber or red lights, or any shade of color between �g . . , _ _, . ,., �
2—I 4
amber and red. These warning lights shall be visible 2p, , , , , , , , , , , , , , , , , , , ,, , , , , , , , , , , , , ,,, , , , 2_��2
from a distance of not less than five hundred feet in• 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2_3/4
normal sunlight. [19?7 ]st ex.s. c 355 § l9.)
(3) Linkage play. Free play in the steering linkage
(Effeetive — September 21� 1977) shall not exceed one—quarter of an inch.
(4) Other components of the steering system such as
the power steering belt, tie rods, or idler arms or Pitman
arms shall not be broken, worn out, or show signs of
breakage.
46.37.369 �Vheels and front suspension. (1) No (5) Suspension condition. Ball joint seals shatl not be
��ehicle shall be eyuipped with �vheel nuts, hub caps, or cut or cracked. Structural parts shall not be bent or
«heel discs extending outside the body of the vehicle damaged. Stabilizer bars shall be connected. Springs
�tihen vie�ced from directly above which: shall not be broken, or extended by spacers. Shock I
(a) Ir.corporate winged projections; or absorber mountings, shackles, and U—bolts shall be
36 �
�
securely attached. Rubber bushings shall not be cracked, 46.37.522 Motorcycles and motor-driven
or extruded out or missing from suspension joints. c}cles—When head lamps and ta,il lamps to be lighted.
Radius rods shall not be missing or damaged. Ever}' motorc;cle and motor-driven cycle shall k�ave its
(6) Shock absorber system. Shock absorbers shall not head lamps and tail lamps lighted whenever such vehicle
be loose from mouniings, leak, or be inoperative. is in motion upon a high�vay. [1977 lst ex.s. c 355 § 45.]
(7) Alignment. Toe-in and toe-out measurements
shall not be greater than one and one-half times the �Effective - September 21, 1977)
vatue listed in the vehicle manufacturer's service specifi-
cation for alignment setting. [1977 1 st ex.s. c 355 § 31.j
(Effective - September 21, 1977)
46.37.523 Motorcycles and motor-driven
cy�cles--Head lamps. (1) Every motorcycle and every
motor-driven cycle shall be equipped with at least one
46.37.465 Fuel system. (1) T'he fuel system shall be lamp which shall compl}� with the requirements and lim-
manufactured, installed, and maintained with due regard itztions of this section.
for the safety of the occupants of the vehicle and the (2) Every head lamp upon every motorcycle and
public. Fuel tanks shall be equipped with approved caps. motor-ciriven cycle shall be located at a height of not
(2) There shall be no signs of leakage from the car- more tnan �ft��-four inches nor less than twenty-four
buretor or the fucl pump or the fuel hoses in the engine inches to be measured as set forth in RCW
compartment or between the fuel tank and the cngine 46.37.030(2).
compartment. (3) Every motorcycle other than a motor-driven cycte
(3) No person shatl operate any motor vehicle upon shall be equipped �vith multiple-beam road-lighting
the public highways of this state unless the fuel tank is equipment.
,securely attached and so located that another vehicle (4) Such equipment shalf:
would not be exposed to direct contact with the fuel tank (a) Reveal persons and vehicles at a distance of at
in the event of a rear end collision. [1977 1 sE ex.s. c 355 least three hundred feet ahead when the uppermost dis-
§ 39.] tribution of light is selected;
(b) Reveal persons and vehicles at a distance of at
tEffeCtive - September 21� 1977� least one hundred �fty feet ahead when the lowermost
distribution of light is selected, and on a straight, level
road under any condition of loading none of the high
intensity portion of the beam shall be directed to strike
46.37.513 Bumpers. �Vhen any motor vehicle was the eyes of an approaching driver. [1977 ]st ex.s. c 355
orioinall�� equipped with bumpers or any other collision § 46.J
ene;gy absorption or attenuation system, that system {EffeCtive - September, 21, 1977�
shall be maintained in good operational condition, and
no person shall remove or disconnect, and no owner shall
cause or knowingly permit the removal or disconnection
of, any part of that system except temporarity in order
, to make repairs, replacements, or adjustments. [1977 lst
ex.s. c 35� § 43.� 46.37.524 i�fotor-driven cycles Head lamps.
�Effeetive - September 21, 1977) The head lamp or head lamps upon every motor-driven
cycle may be of the singie-beam or multiple-beam type
but in either event shall comply with the requirements
and limitations as follows:
46.37.517 Body and body hardware. (1) The body, �1) Every such head lamp or head lamps on a motor-
fenders, and bumpers 5ha11 be maintained without pro- drrven cycle shall be of a sufficient intensity to reveal a
trusions which could be hazardous to pedestrians. In Person or a vehicle at a distance of not less than one
addition, the bumpers shall be so attached and main- hundred feet when the motor-driven cycle is operated at
tained so as to not protrude beyond the original bumper any speed less than twenty-�ve miles per hour and at a
line. distance of not less than two hundred feei when the
(2) T}-,e hood, hood latches, hood fastenings, doors,. motor-driven cycle is operated at a speed of twenty-five
and door latches shall be maintained in a condition suf- or more miles per hour, and at a distance of not less
ficient to ensure proper «�orking equal to that at the time than three hundred feet when the motor-driven cycle is
of original vehicle manufacture. [1977 lst ex.s. c 355 § operated at a speed of thirt}�-five or more miles per
44.) hour; �
(Effective - September 21, 1977)
37
(2) In the event the motor—driven cycle is equipped 46.37.528 Motorcycles and motor—driven
with a multiple—beam head lamp or head lamps the eycies Performance ability of brakes. Every
upper beam shall meet the minimum requirements sei motorcycle and motor—driven cycle, at all times and
forth above and shall not exceed the limitations set forth under all conditions of loading, upon application of the
in RCW 46.37.220(1), and the lowermost beam shall service brake, shall be capable of:
meet the requirements applicable to a lowermost distri- (I) Developing a braking force that is not tess than
bution of light as set forth in RCW 46.37.220; forty—three and one—half percent of its gross weight;
(3) In the event the motor—driven cycle is equipped (2) Decelerating to a stop from not more than twenty
with a single—beam lamp or lamps, such lamp or lamps miles per hour at not less than fourteen feet per second
shall be so aimed that when the vehicle is loaded none of per second; and
the high—intensity portion of light, at a distance of (3) Stopping from a speed of twenty miles per hour in
twenty—five feet ahead, shall project higher than the not more than thirty feet, such distance to be measured
level of the center of the lamp from which it comes. from the point at which movement of the service brake
[1977 lst ex.s. c 3�5 § 47.] pedal or control begins.
�EffeCtive — September 21, 1977� Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or
minus one percent grade), dry, smooth, hard surface that
is free from loose material. [1977 lst ex.s. c 355 § 50.]
46.37.525 ;Notorcycles and motor—driven (Effective — September 21, 1977)
cycles Tail lamps, reflectors, and stop lamps. (1)
Every motorcycle and motor—driven cycle shall have at
least one tail lamp which shall be located at a height of
not more than se��entv—two nor less than fifteen inches. 46.37.529 Motor—driven cycles Braking system
(2) Either a tail lamp or a separate lamp shall be so �nspection. (1) The state commission on equipment is
constructed and placed as to illuminate with a white authorized to require an inspection of the braking sys-
light the rear registration pfate and render it clearly leg- tem on any motor-�riven cycle and to disapprove any
ible from a distance of fifty feet to the rear. Any tail such braking system on a vehicle which it finds will not
lamp or tail lamps, together with any separate Iamp or comply with the performance ability standard set forth
lamps for illuminating the rear registration plate, shall �►� RCW 46.37.351, or which in its opinion is equipped
be so wired as to be lighted whenever the head lamps or �+'�th a braking sysiem that is not so designed or con-
auxiliary driving lamps are lighted. structed as to ensure reasonable and reliable perfor-
(3) Every motorcycle and motor—driven cycle shall mance in actual use.
carry on the rear, either as part of the tail lamp or sep- ��) The director of motor vehicles may refuse to reg-
arately, at least one red ref7ector meeting the require- �ster dr rnay suspend or revoke the registration of any
ments of RCW 46.37.060. vehicle referred to in this section when the state com-
(4) Every motorcycle and motor—driven cycle shall be mission on equipment determines that the braking sys-
equipped with at least one stop lamp meeting the tem thereon does not comply with the provisions of this
requirements of RC�'V 46.37.070. [1977 lst ex.s. c 355 § section.
qg,� (3) No person shall operate on any highway any vehi=
cle referred to in this section in the event the state com-
mission on equipment has disapproved the braking� ,
(Effeetive — September 21� 197'j� system upon such vehicle. (1977 1 st ex.s. c 355 § 51.]
(Effective — September 21, 1977)
46.37.527 Motorcydes and motor—driven
cycles Brnke requirements. Every motorcycle and
motor-�lriven cycle must comply with the provisions of 46.37.537 Motorcycles Exhaust system. No
RCW 46.37.351, except that: person shall modify the exhaust system of a motorcycle
(1) Motorcycles and motor—driven cycles need not be �n a manner which will amplify or increase the noise
equipped with parking brakes; ,emitted by the engine of such vehicle above that emitted
(2) The wheel of a sidecar attached to a motorcycle or by the muffler originally installed on the vehicle, and it
to a motor—driven cycle, and�the front whee] of a motor— shall be unlawful for any person to operate a motorcycle
,driven cycle need not be equipped with brakes, if such not equipped as required by this section, or which has
motorcycle or motor—driven cycle is otherwise capable of been amplified as prohibited by this section. [1977 Ist
complying with the braking performance requirements ex.s. c 355 § 52.]
of RCW 46.37.528 and 46.37.529. [1977 lst exs. c 355 i
� 49.) (Effective - September 21, 1977)
�����eciive - September 21, 1977)
38
� ---
46.37.539 lfotorcycles and motor-driven the mobile home is to be located and when a continuous
c�cles—Additional requirements and limitations. Every trip special permit is used to transport a mobile home
motorc�cle and every motor-driven cycle shall also com- not requiring tax certification, the transporter shall
pl}� ���ith the requirements and ]imitations of: notify the assessor of the county in which the mobile
RC��` �6.3i.380 on horns and warning devices; home is to be located: Provided, That notification shal(
RC«" �6.37.390 on muCflers and prevention of noise; not be necessary when the destination of a mobile home
RC�Z� 46.37.400 on mirrors; and is a manufacturer, distributor, retailer, or location out-
RC«� �36.37.420 on tires. [1977 Ist ex.s. c 355 § 53.] side the state.
(3) A notification under this section shall state the
�EffeCtive - September 21� 1977� specific, residential destination of the mobile home.
.[1977 1 st ex.s. c 22 § 3.]
46.44.170 Mobile home movement spec+at per- �Effective - May 6� 1977)
mit County treasurer certification of taxes paid
Vehicle license plates—Rules. (1) Any person moving
a mobile horr�e as deCned in RCW 46.04.302 upon pub- 46.4-i.175 Penalties Hearing. Any person or
lic highways of the state must obtain a special permit aoent acting for a person who causes to be moved or
from the highway commission and local authorities pur- m�ves a mobile home as defined in RCW 46.04.302
suant to RCW 46.44.090 and 46.44.093 and shall pay
the proper fee as prescribed by RCW 46.44.0941 and upon public highways of this state and who fails to com-
46.44.096. � pl. with any of the provisions of RCW 46.44.170 and
(2) A special permit issued as provided in subsection 46.44.173 is guilty of a misdemeanor and shali be fined
(1) of this section for the movement of any mobile home not less than fifty dollars or more than one hundred dol-
lars. In addition to the above fine, the hi hwa commis-
shall not be valid until the county treasurer of the g y
county in �vhich the mobile home is located shall endorse sion or local authority may �vithhold issuance of a
or attach thereto his certificate that all property taxes special permit or suspend a continuous special permit as
due upon the mobile home being moved have been satis- Pro��ided by RC�V 46.44.090 and 46.44.043 for a period
�ed: Provided, That endorsement ar certiCcation by the of not less than thirty days.
county treasurer is not required when a mobile home is .any person or agent who is denied a special perrnit or
w hose special permit is suspended may upon request
to enter the state or is being moved from a manufacturer receive a hearing before the highway commission or
or distributor to a retail sales outlet or directly to the �ocal authority having jurisdiction. The commission or
purchaser's designateii location or between retail and local authority after such hearing may revise its previous
sales outlets. It shall be the responsibility of the owner of action. [1977 I st ex.s. c 22 § 4.)
the mobile home or his agent to obtain such enc}orse-
ment from the county treasurer.
(3) I�'othing herein should be construed as prohibiting �EffeCtive - May 6, 1977)
, the issuance of vehicle license plates for a mobile home,
but no such plates shall be issued unless the mobile
� home for which such plates are sought has been listed
for property tax purposes in the county in which it is 46.61.428 Slo�v moving vehicle perrr�itted to drive on
principall}' located and the appropriate fee for such �mproved shoulders, when. (1) The state highway com-
I license has been paid. mission and local authorities are authorized to determine
(4) The state highway commission and local authori- ortions of an two-lane hi hwa s under their
those p y g Y
ties are authorized to adopt reasonable rutes for imple- respective jurisdictions on which drivers of slow moving
, menting the provisions of this section. (1977 lst ex.s. c vehicles may safely drive onto improved shoulders for
22 § 2•� the purpose of allowing overtaking vehicles to pass and
�EffeCtive - May 6� 1977) may by appropriate signs indicate the beginning and end
of such zones.
(2) Where signs are in place to de�ne a driving-on-
46.44.173 �otice to treasurer and assessor of shoulder zone as set forth in subsection (l) of this sec-
county where mobile home to be located. (1) Upon vali- tion, the driver of a slow moving vehicle may drive onto
dation of a special permit as provided in RCW and along the shoulder within the zone but only for the
purpose of allowing overtaking vehicles to pass and then
�36.44.170, the county treasurer shall forward notice of shall return to the roadway.
mo��ement of the mobile home to the treasurer's own (3) Signs erected to define a driving�n-shoulder zone
county assessor and to the county assessor of the county shall take precedence over pavement markings for the
in which the mobile home will be located. purpose of allowing the movements described in subsec-
(2) �Vhen a single trip special permit not requiring taar tion (2) of this section. [1977 lst ex.s. c 39 § 1.j
certification is issued, the highway commission or local
authority shall notify the assessor of the county in which �Effective - September 21, 197?)
39 I