Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-18-066.

     Title of Rule and Other Identifying Information: Moving and nonmoving traffic violations defined, WAC 308-104-160.

     Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507, (check in at counter on first floor), on January 9, 2013, at 3:00 p.m.

     Date of Intended Adoption: January 10, 2013.

     Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 570-7048, by January 8, 2013.

     Assistance for Persons with Disabilities: Contact Clark J. Holloway by January 8, 2013, TTY (360) 664-0116.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update WAC 308-104-160 to provide a definition for "moving violations" and "nonmoving violations" for purposes of RCW 46.20.2891, 46.65.020, and chapter 308-104 WAC.

     Reasons Supporting Proposal: Required by chapter 82, Laws of 2012.

     Statutory Authority for Adoption: RCW 46.01.110, 46.20.2891, 46.20.291, and 46.65.020.

     Statute Being Implemented: RCW 46.20.2891.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of licensing, governmental.

     Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Julie Knittle, Highways-Licenses Building, Olympia, Washington, (360) 902-3763.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule does not regulate or impact business activities.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

December 5, 2012

Damon Monroe

Rules Coordinator

     (1) Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;

     (2) Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;

     (3) Vehicular homicide, as defined by RCW 46.61.520;

     (4) Vehicular assault, as defined by RCW 46.61.522;

     (5) Reckless driving, as defined by RCW 46.61.500;

     (6) Racing, as defined by RCW 46.61.530;

     (7) Embracing, as defined by RCW 46.61.665;

     (8) Hit and run (injury, death, striking the body of a deceased person, or occupied vehicle), as defined by RCW 46.52.020;

     (9) Attempting to elude a police vehicle, as defined by RCW 46.61.024;

     (10) Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.345, or 46.20.394((, or 46.20.420));

     (11) Reckless endangerment of roadway workers, as defined in RCW 46.61.527;

     (12) Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;

     (13) Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;

     (14) Open container violation (driver), as defined by RCW 46.61.519;

     (15) Negligent driving in the first degree, as defined by RCW 46.61.5249;

     (16) Negligent driving in the second degree, as defined by RCW 46.61.525 or 46.61.526;

     (17) Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;

     (18) Disobey road sign, as defined by RCW 46.61.050, ((and)) 46.61.070, or 46.61.450;

     (19) Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;

     (20) Disobey school patrol, as defined by RCW 46.61.385;

     (21) Speed too fast for conditions, as defined by RCW 46.61.400;

     (22) Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;

     (23) Speeding in a school zone, as defined by RCW 46.61.440;

     (24) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;

     (25) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

     (26) Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;

     (27) Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;

     (28) Improper lane change or travel, as defined by RCW 46.61.140;

     (29) Straddling or driving over centerline, as defined by RCW 46.61.140;

     (30) Driving on the wrong side of the road, as defined by RCW 46.61.150;

     (31) Crossing divider, as defined by RCW 46.61.150;

     (32) Improper entrance to or exit from freeway, as defined by RCW 46.61.155;

     (33) Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;

     (34) High occupancy vehicle lane violation, as defined by RCW 46.61.165;

     (((34))) (35) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, ((or)) 46.61.130, or 46.61.428;

     (((35))) (36) Passing stopped school bus, as defined by RCW 46.61.370;

     (((36))) (37) Passing stopped private carrier bus, as defined by RCW 46.61.375;

     (((37))) (38) Following ((to)) too closely, as defined by RCW 46.61.145;

     (((38))) (39) Following fire apparatus, as defined by RCW 46.61.635;

     (((39))) (40) Crossing fire hose, as defined by RCW 46.61.640;

     (((40))) (41) Driving on sidewalk, as defined by RCW 46.61.606;

     (((41))) (42) Driving through safety zone, as defined by RCW 46.61.260;

     (((42))) (43) Driving with wheels off roadway, as defined by RCW 46.61.670;

     (((43))) (44) Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;

     (((44))) (45) Improper turn, as defined by RCW 46.61.290;

     (((45))) (46) Prohibited turn, as defined by RCW 46.61.295;

     (((46))) (47) Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;

     (((47))) (48) Improper backing, as defined by RCW 46.61.605;

     (((48))) (49) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;

     (((49))) (50) Reckless endangerment, as defined by RCW 9A.36.050;

     (((50))) (51) Failure to maintain control, as defined by RCW 46.61.445;

     (((51))) (52) Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;

     (((52))) (53) Violation of instruction permit restrictions, as defined by RCW 46.20.055;

     (((53))) (54) Violation of out-of-service order, as defined by RCW 46.25.090;

     (((54))) (55) Obstructed vision or control, as defined by RCW 46.61.615;

     (((55))) (56) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;

     (((56))) (57) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;

     (((57))) (58) Coasting on downgrade, as defined by RCW 46.61.630;

     (((58))) (59) Violation of child restraint requirements, as defined by RCW 46.61.687;

     (((59))) (60) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;

     (((60))) (61) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;

     (((61))) (62) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;

     (((62) Motorcycle handlebars above maximum height, as defined by RCW 46.61.611;))

     (63) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;

     (64) ((Illegal, improper, defective, or missing vehicle equipment, as defined by RCW 46.37.010;

     (65))) Driving without lights, as defined by RCW 46.37.020;

     (((66))) (65) Failure to dim lights, as defined by RCW 46.37.230;

     (((67))) (66) Operating motorcycle without lights, as defined by RCW 46.37.522;

     (((68))) (67) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;

     (((69) Unnecessary noise, as defined by RCW 46.37.380;

     (70))) (68) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;

     (((71) Permitting illegal vehicle operation, as defined by RCW 46.20.343 or 46.61.675;

     (72))) (69) Failure to secure load, as defined by RCW 46.37.490;

     (((73))) (70) Spilling load, as defined by RCW 46.61.655; and

     (((74))) (71) Improper towing, as defined by RCW 46.44.070.

[Statutory Authority: RCW 46.01.110. 00-18-070, § 308-104-160, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.10.110. 92-08-045, § 308-104-160, filed 3/25/92, effective 4/25/92. Statutory Authority: RCW 46.20.391, 46.01.100 and 46.65.020. 86-07-018 (Order DS 2), § 308-104-160, filed 3/12/86. Statutory Authority: RCW 46.01.110. 82-21-002 (Order 697-DOL), § 308-104-160, filed 10/7/82; 82-03-046 (Order 668 DOL), § 308-104-160, filed 1/19/82.]