WSR 16-01-188 EMERGENCY RULES DEPARTMENT OF LICENSING [Filed December 23, 2015, 7:23 a.m., effective January 11, 2016] Effective Date of Rule: January 11, 2016.
Purpose: Update list of moving traffic violations by adding a reference to the marijuana open container violation and minor driver consuming marijuana, due to recent legislative changes.
Citation of Existing Rules Affected by this Order: Amending WAC 308-104-160.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Computer programming necessary for the department of licensing to implement 2E2SHB 1276 is scheduled to be completed January 11, 2016. It is necessary to coordinate the amendment of the definition of moving traffic violations to include changes made in 2E2SHB 1276 with the implementation of the programming changes in order to conserve state resources.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 23, 2015.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-04-014, filed 1/24/14, effective 2/24/14)
WAC 308-104-160 Moving and nonmoving violations defined.
For purposes of RCW 46.20.2891, 46.65.020, and this chapter, the term "moving violation" means any violation of vehicle laws listed in this section that is committed by the driver of a vehicle, while the vehicle is moving. However, being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug is also considered a moving violation for the purposes of this section. Parking violations, equipment violations or paperwork violations relating to insurance, registration, licensing and inspection are considered "nonmoving violations." Moving violations are those violations included in the following list or violations of substantially similar laws, administrative regulations, local laws, ordinances, regulations, or resolutions of a political subdivision of this state, the federal government, or any other state:
(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;
(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 or marijuana, 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;
(15) Negligent driving in the first degree, as defined by RCW 46.61.5249;
(17) Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;
(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;
(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;
(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;
(35) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;
(36) Passing stopped school bus, as defined by RCW 46.61.370;
(37) Passing stopped private carrier bus, as defined by RCW 46.61.375;
(38) Following too closely, as defined by RCW 46.61.145;
(39) Following fire apparatus, as defined by RCW 46.61.635;
(40) Crossing fire hose, as defined by RCW 46.61.640;
(41) Driving on sidewalk, as defined by RCW 46.61.606;
(42) Driving through safety zone, as defined by RCW 46.61.260;
(43) Driving with wheels off roadway, as defined by RCW 46.61.670;
(45) Improper turn, as defined by RCW 46.61.290;
(46) Prohibited turn, as defined by RCW 46.61.295;
(48) Improper backing, as defined by RCW 46.61.605;
(49) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;
(50) Reckless endangerment, as defined by RCW 9A.36.050;
(51) Failure to maintain control, as defined by RCW 46.61.445;
(53) Violation of instruction permit restrictions, as defined by RCW 46.20.055;
(54) Violation of out-of-service order, as defined by RCW 46.25.090;
(55) Obstructed vision or control, as defined by RCW 46.61.615;
(56) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
(57) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
(58) Coasting on downgrade, as defined by RCW 46.61.630;
(59) Violation of child restraint requirements, as defined by RCW 46.61.687;
(60) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
(61) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
(62) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
(63) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
(64) Driving without lights, as defined by RCW 46.37.020;
(65) Failure to dim lights, as defined by RCW 46.37.230;
(66) Operating motorcycle without lights, as defined by RCW 46.37.522;
(67) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
(68) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
(69) Failure to secure load, as defined by RCW 46.37.490;
(70) Spilling load, as defined by RCW 46.61.655;
(71) Improper towing, as defined by RCW 46.44.070;
(72) Using a hand-held mobile telephone while driving a commercial motor vehicle, as defined by RCW 46.61.667 (1)(b); and
(73) Texting while driving a commercial motor vehicle, as defined by RCW 46.61.668 (1)(b).
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