AN ACT Relating to
reckless endangerment of highway workers; amending RCW 46.63.020; adding a new
section to chapter 46.61 RCW; prescribing penalties; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 46.61 RCW to read as follows:
(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 employees or private contractors, on or adjacent to
any public roadway.
(2) No person may drive
a vehicle in a roadway construction zone at a speed greater than that allowed
by traffic control devices.
(3) A person found to
have committed any infraction relating to speed restrictions in a roadway
construction zone shall be assessed a monetary penalty equal to twice the
penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced,
or suspended.
(4) A person who drives
a vehicle in a roadway construction zone in such a manner as to endanger or be
likely to endanger any persons or property, or who removes, evades, or
intentionally strikes a traffic safety or control device is guilty of reckless
endangerment of roadway workers. A violation of this subsection is a gross
misdemeanor punishable under chapter 9A.20 RCW.
(5) The department
shall suspend for sixty days the license or permit to drive or a nonresident
driving privilege of a person convicted of reckless endangerment of roadway
workers.
Sec. 2. RCW 46.63.020 and 1993
c 501 s 8 are each amended to read as follows:
Failure to perform any
act required or the performance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordinance, regulation, or
resolution relating to traffic including parking, standing, stopping, and
pedestrian offenses, is designated as a traffic infraction and may not be
classified as a criminal offense, except for an offense contained in the
following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2)
relating to the operation of a nonhighway vehicle while under the influence of
intoxicating liquor or a controlled substance;
(2) RCW 46.09.130
relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2)
relating to the operation of a snowmobile while under the influence of
intoxicating liquor or narcotics or habit‑ forming drugs or in a manner
endangering the person of another;
(4) RCW 46.10.130
relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW
relating to certificates of ownership and registration;
(6) RCW 46.16.010
relating to initial registration of motor vehicles;
(7) RCW 46.16.011
relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160
relating to vehicle trip permits;
(9) RCW 46.16.381 (6)
or (((8))) (9) relating to unauthorized use or acquisition of a
special placard or license plate for disabled persons' parking;
(10) RCW 46.20.021
relating to driving without a valid driver's license;
(11) RCW 46.20.336
relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342
relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410
relating to the violation of restrictions of an occupational driver's license;
(14) RCW 46.20.420
relating to the operation of a motor vehicle with a suspended or revoked
license;
(15) RCW 46.20.750
relating to assisting another person to start a vehicle equipped with an
ignition interlock device;
(16) RCW 46.25.170
relating to commercial driver's licenses;
(17) Chapter 46.29 RCW
relating to financial responsibility;
(18) RCW 46.30.040
relating to providing false evidence of financial responsibility;
(19) RCW 46.37.435
relating to wrongful installation of sunscreening material;
(20) RCW 46.44.180
relating to operation of mobile home pilot vehicles;
(21) RCW 46.48.175
relating to the transportation of dangerous articles;
(22) RCW 46.52.010
relating to duty on striking an unattended car or other property;
(23) RCW 46.52.020
relating to duty in case of injury to or death of a person or damage to an
attended vehicle;
(24) RCW 46.52.090
relating to reports by repairmen, storagemen, and appraisers;
(25) RCW 46.52.100
relating to driving under the influence of liquor or drugs;
(26) RCW 46.52.130
relating to confidentiality of the driving record to be furnished to an
insurance company, an employer, and an alcohol/drug assessment or treatment
agency;
(27) RCW 46.55.020
relating to engaging in the activities of a registered tow truck operator
without a registration certificate;
(28) RCW 46.55.035
relating to prohibited practices by tow truck operators;
(29) RCW 46.61.015
relating to obedience to police officers, flagmen, or fire fighters;
(30) RCW 46.61.020
relating to refusal to give information to or cooperate with an officer;
(31) RCW 46.61.022
relating to failure to stop and give identification to an officer;
(32) RCW 46.61.024
relating to attempting to elude pursuing police vehicles;
(33) RCW 46.61.500
relating to reckless driving;
(34) RCW 46.61.502 and
46.61.504 relating to persons under the influence of intoxicating liquor or
drugs;
(35) RCW 46.61.520
relating to vehicular homicide by motor vehicle;
(36) RCW 46.61.522
relating to vehicular assault;
(37) RCW 46.61.525
relating to negligent driving;
(38) Section 1(4) of
this act relating to reckless endangerment of roadway workers;
(39) RCW
46.61.530 relating to racing of vehicles on highways;
(((39))) (40)
RCW 46.61.685 relating to leaving children in an unattended vehicle with the
motor running;
(((40))) (41)
RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a
traffic citation;
(((41))) (42)
RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and
committing crimes;
(((42))) (43)
Chapter 46.65 RCW relating to habitual traffic offenders;
(((43))) (44)
Chapter 46.70 RCW relating to unfair motor vehicle business practices, except
where that chapter provides for the assessment of monetary penalties of a civil
nature;
(((44))) (45)
Chapter 46.72 RCW relating to the transportation of passengers in for hire
vehicles;
(((45))) (46)
Chapter 46.80 RCW relating to motor vehicle wreckers;
(((46))) (47)
Chapter 46.82 RCW relating to driver's training schools;
(((47))) (48)
RCW 46.87.260 relating to alteration or forgery of a cab card, letter of
authority, or other temporary authority issued under chapter 46.87 RCW;
(((48))) (49)
RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle
under chapter 46.87 RCW.
NEW
SECTION. Sec. 3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
