RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO IRLJ 6.2 (d)(4) | ) ) |
ORDER NO. 25700-A-669 |
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as attached hereto is adopted.
(b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 2nd day of December, 1999.
| Ireland, J. |
|
| Smith, J. |
Sanders, J. |
| Johnson, J. |
Alexander, J. |
| Madsen, J. |
Guy, C.J. |
| Talmadge, J. |
Proposed Amendments
IRLJ 6.2(4)
(1) Background of Current Rule:
(A) IRLJ 6.2(4). IRLJ 6.2(4) sets out the penalty schedule for Boating Infractions pursuant to Chapter 88.12 RCW.
During the 1999 Legislative Session, the legislature recodified Chapter 88.12 RCW through Law 1999, Chapter 249. The District and Municipal Court Judges' Association believes that IRLJ 6.2(4) needs to be amended to reflect the recodification of Chapter 88.12 RCW.
(2) Purpose:
(A) IRLJ 6.2(4). The purpose of the amendment to IRLJ 6.2(4) would be to so that the rule would accurately correspond with the boating infraction rules now found under Chapter 79A.60 RCW. As the rule currently stands, the penalties for boating infractions still refer to Chapter 88.12 RCW.
(3) Washington State Bar Association Action: No information is available. Due to technical nature of the amendments, the Bar Association has not been consulted.
(4) Supporting material: Attached is a copy of:
(A) the proposed amendments.
(5) Spokesperson:
The Honorable Janis Whitener-Moberg, President of the District and Municipal Court Judges' Association
(6) Hearing: None recommended.
| (4) Boating Infractions | |
| Operating Vessel in Negligent Manner (RCW |
$160 |
| No Personal Flotation Device (PFD) on Vessel for Each Person (RCW |
$35 |
| Personal Flotation Device Not the Appropriate Size (RCW |
$35 |
| Personal Flotation Device Not Readily Accessible (RCW |
$35 |
| Observer Required on Board Vessel (RCW |
$35 |
| Observer To Continuously Observe (RCW |
$35 |
| Failure To Display Skier Down Flag (RCW |
$35 |
| Flag/Pole Not to Specifications (RCW |
$35 |
| Observer Does Not Meet Minimum Qualifications (RCW |
$60 |
| Water Skier Not Wearing Personal Flotation Device (RCW |
$60 |
| Overloading of Vessel Beyond Safe Carrying Ability (RCW |
$110 |
| Carrying Passengers in Unsafe Manner (RCW |
$60 |
| Overpowering of Vessel Beyond Vessel's Ability To Operate Safely (RCW
|
$110 |
| Person Not Wearing Personal Flotation Device (PFD) on Personal Watercraft (RCW
|
$60 |
| Failure To Give Accident Information to Law Enforcement (RCW |
$110 |
| Motor Propelled Vessels Without Effective Muffler in Good Working Order and Constant Use (RCW
|
$35 |
| Sound Level in Excess of 90 Decibels for Engines Made Before 1/1/94 Using Stationary Test (RCW
|
$35 |
| Sound Level in Excess of 88 Decibels for Engines Made on or After 1/1/94 Using Stationary Test
(RCW |
$35 |
| Sound Level in Excess of 75. Decibels for Engines Using Shoreline Test (RCW
|
$35 |
| Removing, Altering or Modifying Muffler or Muffler System (RCW |
$35 |
| Manufacturing, Selling, or Offering for Sale Any Vessel Equipped With Noncomplying Muffler or
Muffler System (RCW |
$60 |
| Vessel Exemption/Exception for Competing in Racing Events Carried on Board Operating Vessel
(RCW |
$35 |
Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.