Traffic infraction penalties

AN ACT Relating to improving traffic safety by modifying penalty 1
amounts for certain traffic infractions; amending RCW 46.61.145, 2
46.61.400, 46.61.525, 46.61.672, and 46.61.688; and prescribing 3
penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 46.61.145 and 2023 c 471 s 5 are each amended to 6
read as follows: 7
(1)(a) The driver of a motor vehicle shall not follow another 8
vehicle more closely than is reasonable and prudent, having due 9
regard for the speed of such vehicles and the traffic upon and the 10
condition of the highway. 11
(b) Any second or subsequent violation of this subsection within 12
a two-year period must be assessed a fine equal to double the base 13
penalty assessed under RCW 46.63.110(3). The court may waive or remit 14
such assessment, but for not less than the base penalty amount for a 15
first violation.16
(2) The driver of any motor truck or motor vehicle drawing 17
another vehicle when traveling upon a roadway outside of a business 18
or residence district and which is following another motor truck or 19
motor vehicle drawing another vehicle shall, whenever conditions 20
permit, leave sufficient space so that an overtaking vehicle may 21
S-1143.1
SENATE BILL 5705
State of Washington 69th Legislature 2025 Regular Session
By Senators Liias, Holy, Lovick, and King
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enter and occupy such space without danger, except that this shall 1
not prevent a motor truck or motor vehicle drawing another vehicle 2
from overtaking and passing any like vehicle or other vehicle.3
(3) Motor vehicles being driven upon any roadway outside of a 4
business or residence district in a caravan or motorcade whether or 5
not towing other vehicles shall be so operated as to allow sufficient 6
space between each such vehicle or combination of vehicles so as to 7
enable any other vehicle to enter and occupy such space without 8
danger. This provision shall not apply to funeral processions.9
(4)(a) When the vehicle being followed is a vulnerable user of a 10
public way, a driver of a motor vehicle found to be in violation of 11
this section must be assessed an additional fine equal to the base 12
penalty assessed under RCW 46.63.110(3). This fine may not be waived, 13
reduced, or suspended, unless the court finds the offender to be 14
indigent, and is not subject to the additional fees and assessments 15
that the base penalty for this violation is subject to under RCW 16
2.68.040, 3.62.090, and 46.63.110. 17
(b) For the purposes of this section, "vulnerable user of a 18
public way" has the same meaning as provided in RCW 46.61.5259.19
(5) The additional fine imposed under subsection (4) of this 20
section must be deposited into the vulnerable roadway user education 21
account created in subsection (6) of this section.22
(6) The vulnerable roadway user education account is created in 23
the state treasury. All receipts from the additional fine in 24
subsection (4) of this section must be deposited into the account. 25
Moneys in the account may be spent only after appropriation. 26
Expenditures from the account may be used only by the Washington 27
traffic safety commission solely to: 28
(a) Support programs dedicated to increasing awareness by law 29
enforcement officers, prosecutors, and judges of opportunities for 30
the enforcement of traffic infractions and offenses committed against 31
vulnerable roadway users; and 32
(b) With any funds remaining once the program support specified 33
in (a) of this subsection has been provided, support programs 34
dedicated to increasing awareness by the public of the risks and 35
penalties associated with traffic infractions and offenses committed 36
against vulnerable roadway users. 37
Sec. 2. RCW 46.61.400 and 1965 ex.s. c 155 s 54 are each amended 38
to read as follows: 39
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(1)(a) No person shall drive a vehicle on a highway at a speed 1
greater than is reasonable and prudent under the conditions and 2
having regard to the actual and potential hazards then existing. In 3
every event speed shall be so controlled as may be necessary to avoid 4
colliding with any person, vehicle or other conveyance on or entering 5
the highway in compliance with legal requirements and the duty of all 6
persons to use due care. 7
(b) Any second or subsequent violation of this subsection within 8
a two-year period must be assessed a fine equal to double the base 9
penalty assessed under RCW 46.63.110(3). The court may waive or remit 10
such assessment, but for not less than the base penalty amount for a 11
first violation.12
(2)(a) Except when a special hazard exists that requires lower 13
speed for compliance with subsection (1) of this section, the limits 14
specified in this section or established as hereinafter authorized 15
shall be maximum lawful speeds, and no person shall drive a vehicle 16
on a highway at a speed in excess of such maximum limits.17
(((a))) (i) Twenty-five miles per hour on city and town streets;18
(((b))) (ii) Fifty miles per hour on county roads;19
(((c))) (iii) Sixty miles per hour on state highways.20
(b) The maximum speed limits set forth in this section may be 21
altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.22
(c) If a person drives a vehicle in excess of 10 miles per hour 23
or more of the posted speed limit on a highway in violation of this 24
section at least twice within a two-year period, the second or 25
subsequent offense must be assessed a fine equal to double the base 26
penalty assessed under RCW 46.63.110(3). The court may waive or remit 27
such assessment, but for not less than the base penalty amount for a 28
first violation.29
(3) The driver of every vehicle shall, consistent with the 30
requirements of subsection (1) of this section, drive at an 31
appropriate reduced speed when approaching and crossing an 32
intersection or railway grade crossing, when approaching and going 33
around a curve, when approaching a hill crest, when traveling upon 34
any narrow or winding roadway, and when special hazard exists with 35
respect to pedestrians or other traffic or by reason of weather or 36
highway conditions. 37
Sec. 3. RCW 46.61.525 and 1997 c 66 s 5 are each amended to read 38
as follows: 39
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(1)(a) A person is guilty of negligent driving in the second 1
degree if, under circumstances not constituting negligent driving in 2
the first degree, he or she operates a motor vehicle in a manner that 3
is both negligent and endangers or is likely to endanger any person 4
or property. 5
(b) It is an affirmative defense to negligent driving in the 6
second degree that must be proved by the defendant by a preponderance 7
of the evidence, that the driver was operating the motor vehicle on 8
private property with the consent of the owner in a manner consistent 9
with the owner's consent. 10
(c) Negligent driving in the second degree is a traffic 11
infraction and is subject to a penalty of ((two hundred fifty 12
dollars)) $250. Any second or subsequent violation of this section 13
within a two-year period is subject to a penalty of $500. The court 14
may waive or remit such assessment, but for not less than the base 15
penalty amount for a first violation. 16
(2) For the purposes of this section, "negligent" means the 17
failure to exercise ordinary care, and is the doing of some act that 18
a reasonably careful person would not do under the same or similar 19
circumstances or the failure to do something that a reasonably 20
careful person would do under the same or similar circumstances.21
(3) Any act prohibited by this section that also constitutes a 22
crime under any other law of this state may be the basis of 23
prosecution under such other law notwithstanding that it may also be 24
the basis for prosecution under this section. 25
Sec. 4. RCW 46.61.672 and 2017 c 334 s 1 are each amended to 26
read as follows: 27
(1) A person who uses a personal electronic device while driving 28
a motor vehicle on a public highway is guilty of a traffic infraction 29
and must pay a fine as provided in RCW 46.63.110(3).30
(2) Subsection (1) of this section does not apply to:31
(a) A driver who is using a personal electronic device to contact 32
emergency services; 33
(b) The use of a system by a transit system employee for time-34
sensitive relay communication between the transit system employee and 35
the transit system's dispatch services; 36
(c) An individual employed as a commercial motor vehicle driver 37
who uses a personal electronic device within the scope of such 38
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individual's employment if such use is permitted under 49 U.S.C. Sec. 1
31136 as it existed on July 23, 2017; and 2
(d) A person operating an authorized emergency vehicle.3
(3) The state preempts the field of regulating the use of 4
personal electronic devices in motor vehicles while driving, and this 5
section supersedes any local laws, ordinances, orders, rules, or 6
regulations enacted by any political subdivision or municipality to 7
regulate the use of a personal electronic device by the operator of a 8
motor vehicle. 9
(4) A second or subsequent offense under this section is subject 10
to two times the penalty amount under RCW 46.63.110.11
(5) If a person is found to have committed an infraction under 12
this section within a school, playground, or crosswalk speed zone 13
created under RCW 46.61.440, the person must be assessed a monetary 14
penalty equal to twice the penalty assessed under RCW 46.63.110. The 15
penalty may not be waived, reduced, or suspended.16
(6) For purposes of this section: 17
(a) "Driving" means to operate a motor vehicle on a public 18
highway, including while temporarily stationary because of traffic, a 19
traffic control device, or other momentary delays. "Driving" does not 20
include when the vehicle has pulled over to the side of, or off of, 21
an active roadway and has stopped in a location where it can safely 22
remain stationary. 23
(b) "Personal electronic device" means any portable electronic 24
device that is capable of wireless communication or electronic data 25
retrieval and is not manufactured primarily for hands-free use in a 26
motor vehicle. "Personal electronic device" includes, but is not 27
limited to, a cell phone, tablet, laptop, two-way messaging device, 28
or electronic game. "Personal electronic device" does not include 29
two-way radio, citizens band radio, or amateur radio equipment.30
(c) "Use" or "uses" means: 31
(i) Holding a personal electronic device in either hand or both 32
hands; 33
(ii) Using your hand or finger to compose, send, read, view, 34
access, browse, transmit, save, or retrieve email, text messages, 35
instant messages, photographs, or other electronic data; however, 36
this does not preclude the minimal use of a finger to activate, 37
deactivate, or initiate a function of the device; 38
(iii) Watching video on a personal electronic device.39
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Sec. 5. RCW 46.61.688 and 2019 c 173 s 1 are each amended to 1
read as follows: 2
(1) For the purposes of this section, "motor vehicle" includes:3
(a) "Buses," meaning motor vehicles with motive power, except 4
trailers, designed to carry more than ((ten)) 10 passengers;5
(b) "Medium-speed electric vehicle" meaning a self-propelled, 6
electrically powered four-wheeled motor vehicle, equipped with a roll 7
cage or crush-proof body design, whose speed attainable in one mile 8
is more than ((thirty)) 30 miles per hour but not more than ((thirty-9
five)) 35 miles per hour and otherwise meets or exceeds the federal 10
regulations set forth in 49 C.F.R. Sec. 571.500; 11
(c) "Motorcycle," meaning a three -wheeled motor vehicle that is 12
designed (i) so that the driver rides on a seat in a partially or 13
completely enclosed seating area that is equipped with safety belts 14
and (ii) to be steered with a steering wheel; 15
(d) "Multipurpose passenger vehicles," meaning motor vehicles 16
with motive power, except trailers, designed to carry ((ten)) 10 17
persons or less that are constructed either on a truck chassis or 18
with special features for occasional off-road operation;19
(e) "Neighborhood electric vehicle," meaning a self-propelled, 20
electrically powered four-wheeled motor vehicle whose speed 21
attainable in one mile is more than ((twenty)) 20 miles per hour and 22
not more than ((twenty-five)) 25 miles per hour and conforms to 23
federal regulations under 49 C.F.R. Sec. 571.500; 24
(f) "Passenger cars," meaning motor vehicles with motive power, 25
except multipurpose passenger vehicles, motorcycles, or trailers, 26
designed for carrying ((ten)) 10 passengers or less; and27
(g) "Trucks," meaning motor vehicles with motive power, except 28
trailers, designed primarily for the transportation of property.29
(2)(a) This section only applies to: 30
(i) Motor vehicles that meet the manual seat belt safety 31
standards as set forth in 49 C.F.R. Sec. 571.208; 32
(ii) Motorcycles, when equipped with safety belts that meet the 33
standards set forth in 49 C.F.R. Part 571; and 34
(iii) Neighborhood electric vehicles and medium-speed electric 35
vehicles that meet the seat belt standards as set forth in 49 C.F.R. 36
Sec. 571.500. 37
(b) This section does not apply to a vehicle occupant for whom no 38
safety belt is available when all designated seating positions as 39
required under 49 C.F.R. Part 571 are occupied. 40
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(3) Every person ((sixteen)) 16 years of age or older operating 1
or riding in a motor vehicle shall wear the safety belt assembly in a 2
properly adjusted and securely fastened manner. 3
(4) No person may operate a motor vehicle unless all child 4
passengers under the age of ((sixteen)) 16 years are either: (a) 5
Wearing a safety belt assembly or (b) are securely fastened into an 6
approved child restraint device. 7
(5) A person violating this section shall be issued a notice of 8
traffic infraction under chapter 46.63 RCW. Any second or subsequent 9
violation of this section within a two-year period must be assessed a 10
fine equal to double the base penalty assessed under RCW 11
46.63.110(3). The court may waive or remit such assessment, but for 12
not less than the base penalty amount for a first violation. A 13
finding that a person has committed a traffic infraction under this 14
section shall be contained in the driver's abstract but shall not be 15
available to insurance companies or employers. 16
(6) Failure to comply with the requirements of this section does 17
not constitute negligence, nor may failure to wear a safety belt 18
assembly be admissible as evidence of negligence in any civil action.19
(7) This section does not apply to an operator or passenger, 20
except for an operator or passenger operating a commercial motor 21
vehicle as defined in RCW 46.32.005, who possesses written 22
verification from a licensed physician that the operator or passenger 23
is unable to wear a safety belt for physical or medical reasons.24
(8) The state patrol may adopt rules exempting operators or 25
occupants of farm vehicles, construction equipment, and vehicles that 26
are required to make frequent stops from the requirement of wearing 27
safety belts. 28
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