WSR 05-15-113

RULES OF COURT

STATE SUPREME COURT


[ July 14, 2005 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO IRLJ 6.2(d) )

)

)

ORDER

NO. 25700-A-829


The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to IRLJ 6.2(d), and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto is adopted.

(b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendment will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 14th day of July 2005.
Alexander, C.J.


C. Johnson, J.


Chambers, J.


Madsen, J.


Owens, J.


Sanders, J.


Fairhurst, J.


Bridge, J.


J.M. Johnson, J.



INFRACTION RULES FOR COURTS OF LIMITED JURISDICTION


RULE 6.2

MONETARY PENALTY SCHEDULE FOR

INFRACTIONS


(a) Effect of Schedule. The penalty for any infraction listed in this rule may not be changed by local court rule. The court may impose on a defendant a lesser penalty in an individual case. Provided that, whenever the base penalty plus statutory assessments results in a total payment that is not an even dollar amount, the base penalty is deemed to be amended to a higher amount which produces the next greatest even dollar total.

(b) Unscheduled Infractions. The penalty for any infraction not listed in this rule shall be $37, not including statutory assessments. A court may, by local court rule, provide for a different penalty.

(c) Infractions Not Covered. This schedule does not apply to penalties for parking, standing, stopping, or pedestrian infractions established by municipal or county statute. Penalties for those infractions are established by statute or local court rule, but shall be consistent with the philosophy of these rules.

(d) Penalty Schedule. The following infractions shall have the penalty listed, not including statutory assessments.


Base

Penalty

(1) Traffic Infractions
Second Degree Negligent Driving $250
Wrong way on freeway (RCW 46.61.150) $177
Wrong way on freeway access (RCW 46.61.155) $82
Backing on limited access highway (RCW 46.61.605) $82
Spilling or failure to secure load (RCW 46.61.655) $82
Throwing or depositing debris on highway (RCW 46.61.645) $82
Disobeying school patrol (RCW 46.61.385) $82
Passing stopped school bus (with red lights flashing) (RCW 46.61.370) $82
Violation of posted road restriction (RCW 46.44.080; RCW 46.44.105(4)) $177
Switching license plates, loan of license or use of another's (RCW 46.16.240) $82
Altering or using altered license plates (RCW 46.16.240) $82
Operator's Licenses (RCW 46.20)
No Valid Driver's License (With Identification) $250
All other RCW 46.20 infractions $37
Vehicle Licenses (RCW 46.16)
Expired Vehicle License (RCW 46.16.010)
Two months or less $37
Over 2 months
$82
Speeding (RCW 46.61.400) if speed limit is over 40 m.p.h.
1-5 m.p.h. over limit $22
6-10 m.p.h. over limit $32
11-15 m.p.h. over limit $47
16-20 m.p.h. over limit $62
21-25 m.p.h. over limit $77
26-30 m.p.h. over limit $97
31-35 m.p.h. over limit $122
36-40 m.p.h. over limit $147
Over 40 m.p.h. over limit $177
Speeding if speed limit is 40 m.p.h. or less
1-5 m.p.h. over limit $32
6-10 m.p.h. over limit $37
11-15 m.p.h. over limit $52
16-20 m.p.h. over limit $72
21-25 m.p.h. over limit $97
26-30 m.p.h. over limit $122
31-35 m.p.h. over limit $147
Over 35 m.p.h. over limit $177
Speed Too Fast for Conditions (RCW 46.61.400(1)) $37
Rules of the Road
Failure to stop (RCW 46.61.050) $37
Failure to stop on approach of emergency vehicle (RCW 46.61.210) $500
Failure to yield the right of way

(RCW 46.61.180, 185, .190, .205, .235, .300, .365)

$37
Failure to yield the right of way on approach of emergency vehicle (RCW 46.61.210) $500
Following too close (RCW 46.61.145, .635) $37
Failure to signal (RCW 46.61.310) $37
Improper lane usage or travel (RCW 46.61.140) $37
Impeding traffic (RCW 46.61.425) $37
Improper passing (RCW 46.61.110, .115, .120, .125, .130) $37
Prohibited and improper turn (RCW 46.61.290, .295, .305) $37
Crossing double yellow line left of center line

(RCW 46.61.100, .130, .140)

$37
Operating with obstructed vision (RCW 46.61.615) $37
Wrong way on one-way street (RCW 46.61.135) $37
Failure to comply with restrictive signs (RCW 46.61.050)
$37
Accident
If an accident occurs in conjunction with any of the listed rules-of-the-road infractions or speed too fast for conditions, the penalty for the infraction shall be: $62
Equipment (RCW 46.37)
Illegal use of emergency equipment (RCW 46.37.190) $82
Defective or modified exhaust systems, mufflers, prevention of noise and smoke (RCW 46.37.390 (1) and (3))
First offense (the penalty may be waived upon proof to the court of

compliance)

$42
Second offense within 1 year of first offense $62
Third and subsequent offenses within 1 year of first offense $82
Any other equipment infraction (RCW 46.37.010)
$37
Motorcycles
Any infraction relating specifically to motorcycles

(including no valid endorsement, RCW 46.20.500)

$37
Parking
Illegal parking on roadway (RCW 46.61.560) $30
Any other parking infraction (not defined by city or county ordinance) $20
Pedestrians
Any infraction regarding pedestrians (not defined by city or county ordinance) $22
Bicycles
Any infraction regarding bicycles
$27
Load Violations
(all under RCW 46.44, except over license capacity) (see RCW 46.16)
Over legal -- tires, wheelbase (RCW 46.44.105(1))
(First offense) $67
(Second offense) $97
(Third offense) $112
In addition to the above (RCW 46.44.105(2))

3 cents per excess pound

Over license capacity (RCW 46.16.145)
(First offense) $52
(Second offense) $97
(Third offense) $112
Violation of special permit $62
Failure to obtain special permit $62
Failure to submit to being weighed $62
Illegal vehicle combination (RCW 46.44.036) $62
Illegally transporting mobile home $67
Any other infraction defined in RCW 46.44
$47
Violation of Federal Motor Carrier Safety Regulations
(RCW 46.32.010)
Logbook/Medical Certificate $64
Equipment/All Others
$37
Private Carrier (RCW 46.73)
Failure to display valid medical exam $64
Violation of daily log book
Driver not out of service $64
Driver out of service
$90
Off-Road Vehicles (ATVs) (RCW 46.09)
Any RCW 46.09 infraction
$42
Snowmobiles (RCW 46.10)
Any RCW 46.10 infraction
$42
Failure to respond to notice of infraction or failure to pay penalty (RCW 46.63.110(3))
$25
Failure to provide proof of motor vehicle insurance

(RCW 46.30.020)

$250
(2) Commercial Vehicle Infractions
Defective Equipment/Driver Safety (auto transp.)

(WAC 480-30-095)

$37
Commercial Vehicle License (auto transp.) (WAC 480-30-095(1)) $37
Defective Equipment/Driver Safety (charter/excursion bus)

(WAC 480-40-075)

$37
Commercial Vehicle License (charter/excursion bus)

(WAC 480-40-075(1))

$37
Defective Equipment/Driver Safety (solid waste transp.)

(WAC 480-70-400)

$37
Commercial Vehicle License (solid waste transp.)

(WAC 480-70-400(1))

$37
Failure To Have Proof of Insurance (RCW 81.80.190) $250
Defective Equipment/Driver Safety (WAC 480-12-180) $37
Commercial Vehicle License (WAC 480-12-180(1)) $37
Defective Equipment/Driver Safety (limousine) (WAC 480-35-090) $37
Commercial Vehicle License (limousine) (WAC 480-35-090(1))

$37
(3) Parks and Recreation Infractions
Display of Snowmobile Registration Number, Decals, and

Validation Tabs (WAC 308-94-070)

$50
Off-Road Vehicle Traffic Prohibited (WAC 332-52-030(4)) $37
Travel Off-Road or Off-Trail (WAC 332-52-030 (4)(c)) $37
Spark-Arresting Muffler Required (WAC 332-52-030 (4)(h)) $37
Yield Right of Way to:
Log Hauling and Gravel Trucks (WAC 332-52-030 (4)(l)) $37
Animal-Drawn Vehicles/Persons Riding Animals (WAC 332-52-030 (4)(l)) $37
Following Closer Than 150 Feet (WAC 332-52-030 (4)(m)) $37
Moving Through Livestock Herd Without Direction

(WAC 332-52-030 (4)(o))

$37
Parking on the Traveled Portion of the Roadway

(WAC 332-52-030 (4)(q))

$30
Excessively Rev Vehicle Engine (WAC 332-52-030 (4)(r)) $37
Driving/Parking Vehicles (WAC 332-52-050(1)) $37
Bicycles/Motorbikes/Motorcycles on Posted Trails

(WAC 332-52-050(3))

$37
Driving Motor Vehicle in Camp (WAC 332-52-050(4)) $37
Moorage and Use of Marine Facilities (WAC 352-12-010) $37
Moorage Fees (WAC 352-12-020) $37
Seasonal Permits (WAC 352-12-030) $37
Use of Onshore Campsites (WAC 352-12-040) $37
Self-Registration (WAC 352-12-050) $62
Parking (WAC 352-20-010) $24
Motor Vehicles on Roads and Trails (WAC 352-20-020) $62
Speed Limits (WAC 352-20-030) $37
Vehicles in Snow Areas (WAC 352-20-040) $62
Trucks and Commercial Vehicles (WAC 352-20-050) $37
Camping (WAC 352-32-030) $62
Campsite Reservation (WAC 352-32-035) $37
Picnicking (WAC 352-32-040) $37
Park Periods (Unlawful Entry) (WAC 352-32-050) $62
Park Capacities (WAC 352-32-053) $37
Peace and Quiet (WAC 352-32-056) $62
Pets (WAC 352-32-060) $37
Horseback Riding (WAC 352-32-070) $37
Use of Nonmotorized Cycles or Similar Devices in State Parks (WAC 352-32-075) $37
Swimming (WAC 352-32-080) $37
Games (WAC 352-32-090) $37
Disrobing (WAC 352-32-100) $37
Tents, etc., on Beaches (WAC 352-32-110) $37
Lakes Located Wholly Within State Park Boundaries -- Internal Combustion Engines Prohibited (WAC 352-32-155) $37
Lakes located Partially Within State Park Boundaries -- Internal Combustion Engines Prohibited (WAC 352-32-157) $37
Solicitation (WAC 352-32-195) $62
Intoxication in State Park Areas (WAC 352-32-220) $137
Food and Beverage Containers on Swimming Beaches (WAC 352-32-230) $37
Use of Metal Detectors in State Parks (WAC 352-32-235) $37
Self-Registration (WAC 352-32-255) $62
Sno-Park Permit (WAC 352-32-260) $37
Sno-Park Permit Display (WAC 352-32-265) $37
Vehicular Traffic -- Where Permitted -- Generally

(WAC 352-37-030)

$62
Equestrian Traffic (WAC 352-37-080) $37
Pedestrians To Be Granted Right of Way (WAC 352-37-090) $37
Beach Parking (WAC 352-37-100) $24
Overnight Parking or Camping Prohibited (WAC 352-37-110) $62
Speed Limits (WAC 352-37-130)

$37
(4) Boating Infractions
Operating Vessel in Negligent Manner (RCW 79A.60.030) $162
No Personal Flotation Device (PFD) on Vessel for Each Person (RCW 79A.60.160(1)) $37
Personal Flotation Device Not the Appropriate Size

(RCW 79A.60.160(1))

$37
Personal Flotation Device Not Readily Accessible

(RCW 79A.60.160(1))

$37
Observer Required on Board Vessel (RCW 79A.60.170(2)) $37
Observer To Continuously Observe (RCW 79A.60.170(2)) $37
Failure To Display Skier Down Flag (RCW 79A.60.170(2)) $37
Flag/Pole Not to Specifications (RCW 79A.60.170(2)) $37
Observer Does Not Meet Minimum Qualifications (RCW 79A.60.170(3)) $62
Water Skier Not Wearing Personal Flotation Device

(RCW 79A.60.170(4))

$62
Overloading of Vessel Beyond Safe Carrying Ability

(RCW 79A.60.180(1))

$112
Carrying Passengers in Unsafe Manner (RCW 79A.60.180(1)) $62
Overpowering of Vessel Beyond Vessel's Ability To Operate Safely (RCW 79A.60.180(2)) $112
Person Not Wearing Personal Flotation Device (PFD) on Personal Watercraft (RCW 79A.60.190(1)) $62
Failure To Give Accident Information to Law Enforcement

(RCW 79A.60.200(1))

$112
Motor Propelled Vessels Without Effective Muffler in Good Working Order and Constant Use

(RCW 79A.60.130(1))

$37
Sound Level in Excess of 90 Decibels for Engines Made Before 1/1/94 Using Stationary Test

(RCW 79A.60.130(1))

$37
Sound Level in Excess of 88 Decibels for Engines Made on or After 1/1/94 Using Stationary Test

(RCW 79A.60.130(1))

$37
Sound Level in Excess of 75 Decibels Using Shoreline Test (RCW 79A.60.130(3)) $37
Removing, Altering or Modifying Muffler or Muffler System (RCW 79A.60.130(7)) $37
Manufacturing, Selling, or Offering for Sale Any Vessel Equipped With Noncomplying Muffler or Muffler System (RCW 79A.60.130(8)) $62
Vessel Exemption/Exception for Competing in Racing Events Carried on Board Operating Vessel (RCW 79A.60.130(8)) $37
Personal Flotation Devices (PFDs) (WAC 352-60-030) $37
Visual Distress Signals (WAC 352-60-040) $37
Ventilation (WAC 352-60-050) $37
Navigation Lights and Sound Signals (WAC 352-60-060) $37
Steering and Sailing (WAC 352-60-070) $37
Fire Extinguishing Equipment (WAC 352-60-080) $37
Backfire Flame Control (WAC 352-60-090) $37
Liquefied Petroleum Gas (WAC 352-60-100) $37
Canadian Vessels (WAC 352-60-110) $37

[Adopted effective September 1, 1992; amended effective June 25, 1993; May 1, 1994; August 15, 1995; June 5, 1996; December 28, 1999; July 22, 2001.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office