WSR 16-13-124

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed June 21, 2016, 11:28 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-21-032.

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

Hearing Location(s): Highways-Licenses Building, 1125 Washington Street S.E., Conference Room 413, Olympia, WA 98507 (check in at counter on first floor), on July 27, 2016, at 10:00 a.m.

Date of Intended Adoption: July 28, 2016.

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 July 26, 2016.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by July 26, 2016, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update list of moving traffic violations in WAC 308-104-160 by adding a reference to the marijuana open container violation and minor driver consuming marijuana.

Reasons Supporting Proposal: Recent legislation, 2E2SHB 1276 (2015), established open container violations for marijuana and prohibited minors from driving after having consumed marijuana. These violations must be added to the list of moving traffic violations as they fit the general definition within that section.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.2891.

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 pursuant to RCW 19.85.025(3) and 34.05.310 (4)(b).

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).

June 21, 2016

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;

(14) Open container violation (driver), as defined by RCW 46.61.519 or 46.61.745;

(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, 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;

(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;

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

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

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

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

(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;

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

(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).