BILL REQ. #: S-4406.1
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/03/10.
AN ACT Relating to the enforcement of certain school or playground crosswalk violations; amending RCW 46.61.235, 46.61.245, 46.61.261, and 46.61.440; adding a new section to chapter 46.61 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.61.235 and 2000 c 85 s 1 are each amended to read
as follows:
(1) The operator of an approaching vehicle shall stop and remain
stopped to allow a pedestrian or bicycle to cross the roadway within an
unmarked or marked crosswalk when the pedestrian or bicycle is upon or
within one lane of the half of the roadway upon which the vehicle is
traveling or onto which it is turning. For purposes of this section
"half of the roadway" means all traffic lanes carrying traffic in one
direction of travel, and includes the entire width of a one-way
roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb or other
place of safety and walk, run, or otherwise move into the path of a
vehicle which is so close that it is impossible for the driver to stop.
(3) Subsection (1) of this section does not apply under the
conditions stated in RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked crosswalk or at any
unmarked crosswalk at an intersection to permit a pedestrian or bicycle
to cross the roadway, the driver of any other vehicle approaching from
the rear shall not overtake and pass such stopped vehicle.
(5)(a) If a person is found to have committed an infraction under
this section within a school, playground, or crosswalk speed zone
created under RCW 46.61.440, the person must be assessed a monetary
penalty equal to twice the penalty assessed under RCW 46.63.110. The
penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection
must be deposited into the school zone safety account.
Sec. 2 RCW 46.61.245 and 1965 ex.s. c 155 s 36 are each amended
to read as follows:
(1) Notwithstanding the foregoing provisions of this chapter every
driver of a vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by sounding the horn
when necessary and shall exercise proper precaution upon observing any
child or any obviously confused or incapacitated person upon a roadway.
(2)(a) If a person is found to have committed an infraction under
this section within a school, playground, or crosswalk speed zone
created under RCW 46.61.440, the person must be assessed a monetary
penalty equal to twice the penalty assessed under RCW 46.63.110. The
penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection
must be deposited into the school zone safety account.
Sec. 3 RCW 46.61.261 and 2000 c 85 s 2 are each amended to read
as follows:
(1) The driver of a vehicle shall yield the right-of-way to any
pedestrian or bicycle on a sidewalk. The rider of a bicycle shall
yield the right-of-way to a pedestrian on a sidewalk or crosswalk.
(2)(a) If a person is found to have committed an infraction under
this section within a school, playground, or crosswalk speed zone
created under RCW 46.61.440, the person must be assessed a monetary
penalty equal to twice the penalty assessed under RCW 46.63.110. The
penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection
must be deposited into the school zone safety account.
Sec. 4 RCW 46.61.440 and 2003 c 192 s 1 are each amended to read
as follows:
(1) Subject to RCW 46.61.400(1), and except in those instances
where a lower maximum lawful speed is provided by this chapter or
otherwise, it shall be unlawful for the operator of any vehicle to
operate the same at a speed in excess of twenty miles per hour when
operating any vehicle upon a highway either inside or outside an
incorporated city or town when passing any marked school or playground
crosswalk when such marked crosswalk is fully posted with standard
school speed limit signs or standard playground speed limit signs. The
speed zone at the crosswalk shall extend three hundred feet in either
direction from the marked crosswalk.
(2) A county or incorporated city or town may create a school or
playground speed zone on a highway bordering a marked school or
playground, in which zone it is unlawful for a person to operate a
vehicle at a speed in excess of twenty miles per hour. The school or
playground speed zone may extend three hundred feet from the border of
the school or playground property; however, the speed zone may only
include area consistent with active school or playground use.
(3) A person found to have committed any infraction relating to
speed restrictions within a school or playground speed 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) School districts may erect signs that comply with the uniform
state standards adopted and designated by the department of
transportation under RCW 47.36.030, informing motorists of the
increased monetary penalties assessed for violations of RCW 46.61.235,
46.61.245, or 46.61.261 within a school, playground, or crosswalk speed
zone created under subsection (1) or (2) of this section.
(5) The school zone safety account is created in the custody of the
state treasurer. Fifty percent of the moneys collected under
subsection (3) of this section and the moneys collected under RCW
46.61.235(5), 46.61.245(2), or 46.61.261(2) shall be deposited into the
account. Expenditures from the account may be used only by the
Washington traffic safety commission solely to fund projects in local
communities to improve school zone safety, pupil transportation safety,
and student safety in school bus loading and unloading areas. Only the
director of the traffic safety commission or the director's designee
may authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures until July 1, 1999, after which date moneys
in the account may be spent only after appropriation.
NEW SECTION. Sec. 5 A new section is added to chapter 46.61 RCW
to read as follows:
(1) A crossing guard who is eighteen years of age or older and
observes a violation of RCW 46.61.235(5), 46.61.245(2), or 46.61.261(2)
may prepare a written report on a form provided by the state patrol or
another law enforcement agency indicating that a violation has
occurred. A crossing guard or school official may deliver the report
to a law enforcement officer of the state, county, or municipality in
which the violation occurred, but not more than seventy-two hours after
the violation occurred. The crossing guard must include in the report
the time and location at which the violation occurred, the vehicle
license plate number, and a description of the vehicle involved in the
violation.
(2) The law enforcement officer may initiate an investigation of
the reported violation after receiving the report described in
subsection (1) of this section by contacting the owner of the motor
vehicle involved in the reported violation and requesting the owner to
supply information identifying the driver. If, after an investigation,
the law enforcement officer is able to identify the driver and has
reasonable cause to believe a violation of RCW 46.61.235(5),
46.61.245(2), or 46.61.261(2) has occurred, the law enforcement officer
shall prepare a notice of traffic infraction and have it served upon
the driver of the vehicle.
NEW SECTION. Sec. 6 This act takes effect July 1, 2010.