CERTIFICATION OF ENROLLMENT
HOUSE BILL 2087
Chapter 18, Laws of 2018
65th Legislature
2018 Regular Session
ROADWAY AND ROADSIDE WORKER SAFETY
EFFECTIVE DATE: June 7, 2018
HOUSE BILL 2087
Passed Legislature - 2018 Regular Session
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State of Washington | 65th Legislature | 2017 Regular Session |
By Representatives Stambaugh, Riccelli, Orcutt, Hayes, Gregerson, and Ormsby
Read first time 02/13/17. Referred to Committee on Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.61.100 and 2007 c 83 s 2 are each amended to read as follows:
(1) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(c) Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon;
(d) Upon a street or highway restricted to one-way traffic; or
(e) Upon a highway having three lanes or less, when approaching
the following vehicles in the manner described under RCW 46.61.212(1)(d)(ii): (i) A stationary authorized emergency vehicle
((,)); (ii) a tow truck or other vehicle providing roadside assistance while operating warning lights with three hundred sixty degree visibility
((, or)); (iii) a police vehicle
((as described under)); or (iv) a stationary or slow moving highway construction vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle that meets the lighting requirements identified in RCW
46.61.212(((2)))(1).
(2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
(3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high occupancy vehicle lane. A high occupancy vehicle lane is not considered the left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those segments of limited access roadway to be exempt from this subsection due to the operational characteristics of the roadway.
(4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic.
(5) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
Sec. 2. RCW 46.61.212 and 2010 c 252 s 1 are each amended to read as follows:
(1) The driver of any motor vehicle, upon approaching an emergency
or work zone, which is defined as the adjacent lanes of the roadway two hundred feet before and after (a) a stationary authorized emergency vehicle that is making use of audible and/or visual signals meeting the requirements of RCW
46.37.190, (b) a tow truck that is making use of visual red lights meeting the requirements of RCW
46.37.196, (c) other vehicles providing roadside assistance that are making use of warning lights with three hundred sixty degree visibility,
((or)) (d) a police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights,
or (e) a stationary or slow moving highway construction vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle making use of flashing lights that meet the requirements of RCW 46.37.300 or warning lights with three hundred sixty degree visibility shall:
(i) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by ((the stationary authorized)) an emergency or work zone vehicle ((or police vehicle)) identified in subsection (1) of this section;
(ii) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway; or
(iii) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.
(2) A person may not drive a vehicle in an emergency or work zone at a speed greater than the posted speed limit.
(3) A person found to be in violation of this section, or any infraction relating to speed restrictions in an emergency
or work zone, must 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 an emergency
or work zone in such a manner as to endanger or be likely to endanger any emergency
or work zone worker or property is guilty of reckless endangerment of emergency
or work zone 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 driver's license, permit to drive, or nonresident driving privilege of a person convicted of reckless endangerment of emergency or work zone workers.
Sec. 3. RCW 46.61.215 and 1975 c 62 s 40 are each amended to read as follows:
(1) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway, including highway construction and highway maintenance workers, and flaggers, within any highway construction or maintenance area indicated by official traffic control devices.
(2) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of RCW
46.37.300.
Sec. 4. RCW 46.63.020 and 2016 c 213 s 4 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
46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;
(2) RCW
46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(3) RCW
46.09.480 relating to operation of nonhighway vehicles;
(4) RCW
46.10.490(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;
(5) RCW
46.10.495 relating to the operation of snowmobiles;
(6) Chapter
46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
(7) RCW
46.16A.030 and
46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
(8) RCW
46.16A.520 relating to permitting unauthorized persons to drive;
(9) RCW
46.16A.320 relating to vehicle trip permits;
(10) RCW
46.19.050(1) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
(11) RCW
46.19.050(8) relating to illegally obtaining a parking placard, special license plate, special year tab, or identification card;
(12) RCW
46.19.050(9) relating to sale of a parking placard, special license plate, special year tab, or identification card;
(13) RCW
46.20.005 relating to driving without a valid driver's license;
(14) RCW
46.20.091 relating to false statements regarding a driver's license or instruction permit;
(15) RCW
46.20.0921 relating to the unlawful possession and use of a driver's license;
(16) RCW
46.20.342 relating to driving with a suspended or revoked license or status;
(17) RCW
46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
(18) RCW
46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
(19) RCW
46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
(20) RCW
46.20.750 relating to circumventing an ignition interlock device;
(21) RCW
46.25.170 relating to commercial driver's licenses;
(22) Chapter
46.29 RCW relating to financial responsibility;
(23) RCW
46.30.040 relating to providing false evidence of financial responsibility;
(24) RCW
46.35.030 relating to recording device information;
(25) RCW
46.37.435 relating to wrongful installation of sunscreening material;
(26) RCW
46.37.650 relating to the manufacture, importation, sale, distribution, or installation of a counterfeit air bag, nonfunctional air bag, or previously deployed or damaged air bag;
(27) RCW
46.37.660 relating to the sale or installation of a device that causes a vehicle's diagnostic system to inaccurately indicate that the vehicle has a functional air bag when a counterfeit air bag, nonfunctional air bag, or no air bag is installed;
(29) RCW
46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;
(30) RCW
46.44.180 relating to operation of mobile home pilot vehicles;
(31) RCW
46.48.175 relating to the transportation of dangerous articles;
(32) RCW
46.52.010 relating to duty on striking an unattended car or other property;
(33) RCW
46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(34) RCW
46.52.090 relating to reports by repairers, storage persons, and appraisers;
(35) 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;
(36) RCW
46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(37) RCW
46.55.035 relating to prohibited practices by tow truck operators;
(38) RCW
46.55.300 relating to vehicle immobilization;
(39) RCW
46.61.015 relating to obedience to police officers, flaggers, or firefighters;
(40) RCW
46.61.020 relating to refusal to give information to or cooperate with an officer;
(41) RCW
46.61.022 relating to failure to stop and give identification to an officer;
(42) RCW
46.61.024 relating to attempting to elude pursuing police vehicles;
(43) RCW
46.61.212(4) relating to reckless endangerment of emergency
or work zone workers;
(44) RCW
46.61.500 relating to reckless driving;
(45) RCW
46.61.502 and
46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
(46) RCW
46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(47) RCW
46.61.520 relating to vehicular homicide by motor vehicle;
(48) RCW
46.61.522 relating to vehicular assault;
(49) RCW
46.61.5249 relating to first degree negligent driving;
(50) RCW
46.61.527(4) relating to reckless endangerment of roadway workers;
(51) RCW
46.61.530 relating to racing of vehicles on highways;
(52) RCW
46.61.655(7) (a) and (b) relating to failure to secure a load;
(53) RCW
46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(54) RCW
46.61.740 relating to theft of motor vehicle fuel;
(55) RCW
46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(56) RCW
46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(57) Chapter
46.65 RCW relating to habitual traffic offenders;
(58) RCW
46.68.010 relating to false statements made to obtain a refund;
(59) 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;
(60) Chapter
46.72 RCW relating to the transportation of passengers in for hire vehicles;
(61) RCW
46.72A.060 relating to limousine carrier insurance;
(62) RCW
46.72A.070 relating to operation of a limousine without a vehicle certificate;
(63) RCW
46.72A.080 relating to false advertising by a limousine carrier;
(64) Chapter
46.80 RCW relating to motor vehicle wreckers;
(65) Chapter
46.82 RCW relating to driver's training schools;
(66) 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;
(67) RCW
46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter
46.87 RCW.
Passed by the House January 11, 2018.
Passed by the Senate March 1, 2018.
Approved by the Governor March 9, 2018.
Filed in Office of Secretary of State March 9, 2018.
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