Title 46 — Title 46 MOTOR VEHICLES
54 chapters · 1,673 sections in this title.
RCW 46.61.5056 Alcohol and drug violators—Information school—Evaluation and treatment.
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(1) A person subject to substance use disorder assessment and treatment under RCW 46.61.5055 shall be required by the court to complete a course in an alcohol and drug information school licensed or certified by the department of health or to complete more intensive treatment in …
RCW 46.61.50571 Alcohol or cannabis violators—Mandatory appearances—Electronic monitoring or alcohol abstinence monitoring.
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(1) A defendant who is charged with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol or cannabis as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influenc…
RCW 46.61.5058 Alcohol violators—Vehicle seizure and forfeiture.
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(1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance, if such per…
RCW 46.61.506 Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests.
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*** CHANGE IN 2026 *** (SEE 5880-S2.SL) ***(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor o…
RCW 46.61.5062 Driving under the influence—Oral fluid roadside test.
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(1) Any law enforcement agency utilizing oral fluid roadside information as part of the enforcement of driving under the influence laws must ensure the following:(a) The oral fluid test instrument or instruments to be used are valid and reliable;(b) Any peace officer who may admi…
RCW 46.61.507 Arrest upon driving under the influence or being in physical control of vehicle under the influence, notation required if child is present—Arrest upon drug or alcohol-related driving offense, child protective services notified if child is present and operator is child's parent, guardian, or custodian.
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(1) In every case where a person is arrested for a violation of RCW 46.61.502 or 46.61.504, the law enforcement officer shall make a clear notation if a child under the age of sixteen was present in the vehicle.(2) A law enforcement officer shall promptly notify child protective …
RCW 46.61.508 Liability of medical personnel withdrawing blood.
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No physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; a…
RCW 46.61.513 Criminal history and driving record.
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(1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall i…
RCW 46.61.5151 Sentences—Intermittent fulfillment—Restrictions.
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A sentencing court may allow a person convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 to fulfill the terms of the sentence provided in RCW 46.61.5055 in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under RCW 46.61.5055 shal…
RCW 46.61.5152 Attendance at program focusing on victims.
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In addition to penalties that may be imposed under RCW 46.61.5055, the court may require a person who is convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a nonfelony violation of RCW 46.61.5…
RCW 46.61.516 Qualified probation department defined.
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A qualified probation department means a probation department for a district or municipal court that has a sufficient number of qualified alcohol assessment officers who meet the requirements of a qualified alcoholism counselor as provided by rule of the department of social and …
RCW 46.61.517 Refusal of tests—Admissibility as evidence.
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The refusal of a person to submit to a test of the alcohol or drug concentration in the person's breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial. The refusal of a person to submit to a test of the person's blood is admissible into evidence at…
RCW 46.61.519 Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions.
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(1) It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway.(2) It is a traffic infraction for a person to have in his or her possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing…
RCW 46.61.5191 Local ordinances not prohibited.
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Nothing in RCW 46.61.519 or RCW 46.61.5191 prohibits any city or town from enacting a local ordinance that proscribes the acts proscribed by those sections and that provides penalties equal to or greater than the penalties provided in those sections.[ 1984 c 274 s 2.]
RCW 46.61.5195 Disguising alcoholic beverage container.
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(1) It is a traffic infraction to incorrectly label the original container of an alcoholic beverage and to then violate RCW 46.61.519.(2) It is a traffic infraction to place an alcoholic beverage in a container specifically labeled by the manufacturer of the container as containi…
RCW 46.61.520 Vehicular homicide—Penalty.
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(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:(a) While under the influence of intox…
RCW 46.61.522 Vehicular assault—Penalty.
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(1) A person is guilty of vehicular assault if he or she operates or drives any vehicle:(a) In a reckless manner and causes substantial bodily harm to another; or(b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and causes substantial …
RCW 46.61.524 Vehicular homicide, assault—Revocation of driving privilege—Eligibility for reinstatement.
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As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522. The department shall determine the eligibility of a …
RCW 46.61.5249 Negligent driving—First degree.
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(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or cannabis or any drug or…
RCW 46.61.525 Negligent driving—Second degree.
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(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.…
RCW 46.61.5259 Negligent driving with a vulnerable user victim—First degree—Penalties—Definitions.
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(1) A person commits negligent driving with a vulnerable user victim in the first degree if he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately cause…
RCW 46.61.526 Negligent driving—With a vulnerable user victim—Second degree—Penalties—Definitions.
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(1) A person commits negligent driving with a vulnerable user victim in the second degree if, under circumstances not constituting negligent driving with a vulnerable user victim in the first degree under RCW 46.61.5259 or negligent driving in the first degree under RCW 46.61.524…
RCW 46.61.527 Roadway construction zones.
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(1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public…
RCW 46.61.530 Racing of vehicles on highways—Reckless driving—Exception.
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(1) It shall be unlawful for any person or persons to race any motor vehicle or motor vehicles upon any public highway of this state as defined in RCW 46.04.197, or upon any off-street facility as defined in RCW 46.04.367. Any person or persons who willfully compare or contest re…
RCW 46.61.535 Advertising of unlawful speed—Reckless driving.
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It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between gi…
RCW 46.61.540 "Drugs," what included.
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The word "drugs," as used in RCW 46.61.500 through 46.61.535, shall include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW and any chemical inhaled or ingested for its intoxicating or hallucinatory effects.[ 2012 c 183 s 14; 1975 1st ex…
RCW 46.61.560 Stopping, standing, or parking outside business or residence districts.
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(1) Outside of incorporated cities and towns no person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway.(2) Subsection (1) of this section and RCW 46.61.570 and 46.61.575 do not apply to the driver of any vehicle that is disabled in …
RCW 46.61.570 Stopping, standing, or parking prohibited in specified places—Reserving portion of highway prohibited.
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(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:(a) Stop, stand, or park a vehicle:(i) On the roadway side of any vehicle stopped or parked at the e…
RCW 46.61.575 Additional parking regulations—Motorcycle parking.
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(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-…
RCW 46.61.577 Regulations governing parking facilities.
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The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other parking facilities operated by the department of transportation, including time limits for the parking of vehicles.[ 1981 c 185 s 1.]Notes:Rules of court: Monetary …
RCW 46.61.581 Parking spaces for persons with disabilities—Indication, access—Failure, penalty.
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A parking space or stall for a person with a disability shall be indicated by a vertical sign with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120. The sign may include additional language such as, but not limited to,…
RCW 46.61.582 Free parking for persons with disabilities—Exceptions.
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(1) Any person who meets the criteria for special parking privileges under RCW 46.19.010 must be allowed free of charge to park a vehicle being used to transport the holder of such special parking privileges for unlimited periods of time in parking zones or areas, including zones…
RCW 46.61.583 Special plate or card issued by another jurisdiction.
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A special license plate or card issued by another state or country that indicates an occupant of the vehicle has a disability entitles the vehicle on or in which it is displayed and being used to transport the person with disabilities to the same parking privileges granted under …
RCW 46.61.585 Winter recreational parking areas—Special permit required.
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Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area u…
RCW 46.61.587 Winter recreational parking areas—Penalty.
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Any violation of RCW 79A.05.240 or 46.61.585 or any rule adopted by the parks and recreation commission to enforce the provisions thereof is a civil infraction as provided in chapter 7.84 RCW.[ 1999 c 249 s 501; 1984 c 258 s 329; 1977 c 57 s 1; 1975 1st ex.s. c 209 s 6.]Notes:Rul…
RCW 46.61.590 Unattended motor vehicle—Removal from highway.
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It is unlawful for the operator of a vehicle to leave the vehicle unattended within the limits of any highway unless the operator of the vehicle arranges for the prompt removal of the vehicle.[ 1979 ex.s. c 178 s 1.]Notes:Severability—1979 ex.s. c 178: "If any provision of this 1…
RCW 46.61.600 Unattended motor vehicle.
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(1) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to…
RCW 46.61.605 Limitations on backing.
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(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway.[ 1965 ex.s. c 155 s 69.]Note…
RCW 46.61.606 Driving on sidewalk prohibited—Exception.
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No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.[ 1975 c 62 s 45.]Notes:Severability—1975 c 62: See note following RCW 36.75.010.
RCW 46.61.608 Operating motorcycles on roadways laned for traffic.
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(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.(2) The operator of a motorcyc…
RCW 46.61.610 Riding on motorcycles.
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A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which even…
RCW 46.61.611 Motorcycles—Maximum height for handlebars.
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No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than thirty inches higher than the seat or saddle for the operator.[ 1999 c 275 s 1; 1967 c 232 s 6.]Notes:Rules of court: Monetary penalty schedule—IRLJ 6.2.
RCW 46.61.612 Riding on motorcycles—Position of feet.
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No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle.[ 1967 c 232 s 7.]Notes:Rules of court: Monetary penalty schedule—IRLJ 6.2.
RCW 46.61.613 Motorcycles—Temporary suspension of restrictions for parades or public demonstrations.
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The provisions of RCW 46.37.530 and 46.61.610 through 46.61.612 are temporarily suspended with respect to the operation of motorcycles on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction.[ 2011 c 332 s 1; 2010 c 8 s 9073; 1967 …
RCW 46.61.614 Riding on motorcycles—Clinging to other vehicles.
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No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle on a roadway.[ 2010 c 8 s 9074; 1975 c 62 s 47.]Notes:Rules of court: Monetary penalty schedule—IRLJ 6.2.Severability—1975 c 62: See note following RCW 36.75.010.
RCW 46.61.615 Obstructions to driver's view or driving mechanism.
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(1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechan…
RCW 46.61.620 Opening and closing vehicle doors.
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No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacen…
RCW 46.61.625 Riding in trailers or towed vehicles.
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(1) No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.(2) Except as provided in subsection (3) of this section, no person …
RCW 46.61.630 Coasting prohibited.
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(1) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.(2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.[ 1965 ex.s. c 155 s 74.]
RCW 46.61.635 Following fire apparatus prohibited.
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The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm.[ 1975 c 62 …