Chapter 10.40
TRAFFIC CODE
Sections:
10.40.030 Reference – Prefix change.
10.40.040 Preservation of prosecution begun under prior provisions.
10.40.060 Adoption of RCW amendment.
10.40.070 Appendix A – Included RCW sections.
10.40.080 Appendix B – RCW sections adopted as modified.
10.40.010 Adoption.
A. The state statute and/or portions or parts of state statutes listed by reference to the Revised Code of Washington, as amended by the Regular and Extraordinary Sessions of the 1969 Legislature of the state of Washington, title, chapter and section numbers in Appendix A, which by this reference are included herein as though set forth in full herein, are adopted.
B. State statutes, listed by Revised Code of Washington title, chapter and section numbers in Appendix B, which are by this reference included herein as though set forth in full herein, are adopted as specially modified herein.
C. RCW 46.20.308, 46.20.311, 46.20.092, and Chapter 70.84, are included herein by reference, as though set forth in full herein, are adopted. (Ord. 80-108 (part)).
10.40.020 Title.
This chapter shall be known as the “Whatcom County Traffic Code” and it shall be sufficient to refer to this chapter or any part or portion thereof as the “Whatcom County Traffic Code” in any prosecution for the violation of any provision thereof. (Ord. 80-108 (part)).
10.40.030 Reference – Prefix change.
Reference to all or any state statutes and/or portions or parts of state statutes listed and adopted by this chapter shall be by Revised Code of Washington title, chapter and section number, but deleting the prefix “RCW” and substituting for said prefix the prefix “WCTC,” which prefix for the purposes of this chapter shall be the abbreviation for “Whatcom County Traffic Code.” (Ord. 80-108 (part)).
10.40.040 Preservation of prosecution begun under prior provisions.
Any resolution previously adopted by the board of county commissioners, or Whatcom County council, which is in whole or in part inconsistent with any provision of the Whatcom County Traffic Code is to that extent repealed; provided, any prosecution begun under such inconsistent provision prior to December 31, 1980, shall be preserved. (Ord. 93-048 (part); Ord. 80-108 (part)).
10.40.050 Violation.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this traffic code for which no penalty has been otherwise prescribed shall be guilty of an infraction. (Ord. 80-108 (part)).
10.40.060 Adoption of RCW amendment.
Any amendment adopted by the Washington State Legislature to any section of the Revised Code of Washington adopted by reference herein is adopted as a part of this traffic code. (Ord. 80-108 (part)).
10.40.070 Appendix A – Included RCW sections.
The list of RCW sections to be included in the traffic code shall be as follows:
RCW
16.24.065 Stock at large in areas – Unlawful.
16.24.070 Stock at large on highway right-of-way – Unlawful – Impounding.
46.04.010 Scope and construction of terms.
46.04.020 Alley.
46.04.030 Arterial highway.
46.04.040 Authorized emergency vehicle.
46.04.050 Auto stage.
46.04.060 Axle.
46.04.071 Bicycle.
46.04.080 Business district.
46.04.090 Cancel.
46.04.100 Center line.
46.04.110 Center of intersection.
46.04.120 City street.
46.04.130 Combination of vehicles.
46.04.140 Commercial vehicle.
46.04.150 County road.
46.04.160 Crosswalk.
46.04.165 Driveaway-towaway operation.
46.04.170 Explosives.
46.04.180 Farm tractor.
46.04.190 For hire vehicle.
46.04.200 Hours of darkness.
46.04.210 Flammable liquid.
46.04.220 Intersection area.
46.04.230 Intersection center marker.
46.04.240 Intersection control area.
46.04.250 Intersection entrance marker.
46.04.260 Laned highway.
46.04.270 Legal owner.
46.04.280 Local authorities.
46.04.290 Marked crosswalk.
46.04.300 Metal tire.
46.04.310 Motor truck.
46.04.320 Motor vehicle.
46.04.330 Motorcycle.
46.04.332 Motor-driven cycle.
46.04.340 Muffler.
46.04.350 Multiple lane highway.
46.04.360 Nonresident.
46.04.370 Operator or driver.
46.04.380 Owner.
46.04.382 Passenger car.
46.04.391 Police officer.
46.04.400 Pedestrian.
46.04.405 Person.
46.04.410 Pneumatic tires.
46.04.414 Pole trailer.
46.04.420 Private road or driveway.
46.04.431 Highway.
46.04.435 Public scale.
46.04.440 Railroad.
46.04.450 Railroad sign or signal.
46.04.460 Registered owner.
46.04.470 Residence district.
46.04.480 Revoke.
46.04.490 Road tractor.
46.04.500 Roadway.
46.04.510 Safety zone.
46.04.521 School bus.
46.04.530 Semitrailer.
46.04.540 Sidewalk.
46.04.550 Solid tire.
46.04.552 Special mobile equipment.
46.04.560 State highway.
46.04.570 Street car.
46.04.580 Suspend.
46.04.585 Temporarily sojourning.
46.04.590 Traffic.
46.04.600 Traffic-control signal.
46.04.611 Traffic-control devices.
46.04.620 Trailer.
46.04.630 Train.
46.04.640 Trolley vehicle.
46.04.650 Truck tractor.
46.04.660 Used vehicle.
46.04.670 Vehicle.
46.04.680 Director – Department.
46.08.030 Uniformity of application.
46.08.060 Classification as emergency vehicles – Approval of operators.
46.08.080 Liability of host for injury to guest in motor vehicle.
46.08.190 Jurisdiction of justices of peace, police court and superior court.
46.12.010 Certificates required to operate and sell vehicles – Manufacturers or dealers, security interest, how perfected.
46.12.070 Destruction of vehicle – Surrender of certificates, penalty – Notice of settlement by insurance company.
46.12.080 Procedure on installation of different motor – Penalty.
46.12.090 Procedure when motor or motor block removed – Unlawful acts.
46.12.100 Sale or transfer of vehicle – Assignment of certificate of ownership – Penalty.
46.16.010 Licenses and plates required – Exceptions.
46.16.135 Quarterly license – Penalty.
46.16.140 Overloading licensed capacity – Additional license – Penalty.
46.16.240 Attachment of plates to vehicles – Violations enumerated.
46.16.260 License registration certificate – Endorsement – Attachment to vehicle.
46.16.290 License certificate and plates follow vehicle on transfer – Exception.
46.20.011 Definitions.
46.20.021 Driver’s license required – Surrender of license held from another jurisdiction – Other license not required.
46.20.025 Persons exempt from licensing requirement.
46.20.041 Physically or mentally disabled persons – Procedure – Restrictions – Violations – Penalty.
46.20.045 Age limit for school bus drivers and drivers of for-hire vehicles.
46.20.190 License to be in immediate possession and displayed on demand.
46.20.220 Unlawful renting of vehicle to unlicensed person – Rental record.
46.20.336 Violations – Penalty.
46.20.342 Driving while license suspended or revoked – Penalty – Extension of suspension or revocation period.
46.20.343 Unlawful to allow unauthorized minor child or ward to drive.
46.20.344 Unlawful to allow unauthorized person to drive.
46.20.420 Operation of motor vehicle prohibited while license is suspended or revoked.
46.20.440 Operation of vehicles requiring special skills – Additional examination and special license endorsement required – Exemption.
46.20.500 Special endorsement for motorcycle operator’s license.
46.32.060 Moving defective vehicle unlawful – Impounding authorized.
46.32.070 Inspection of damaged vehicle.
46.37.010 Scope and effect of regulations – General penalty.
46.37.020 When lighted lamps and signaling devices are required.
46.37.030 Visibility distance and mounted height of lamps.
46.37.040 Head lamps on motor vehicles.
46.37.050 Tail lamps.
46.37.060 Reflectors.
46.37.070 Stop lamps and turn signals required.
46.37.080 Application of succeeding sections.
46.37.090 Additional equipment required on certain vehicles.
46.37.100 Color of clearance lamps, side marker lamps, backup lamps and reflectors.
46.37.110 Mounting of reflectors, clearance lamps and side marker lamps.
46.37.120 Visibility of reflectors, clearance lamps, identification lamps and side marker lamps.
46.37.130 Obstructed lights not required.
46.37.140 Lamps, reflectors, and flags on projecting load.
46.37.150 Lamps on vehicles – Parked or stopped vehicles, lighting requirements.
46.37.160 Lamps and reflectors on farm tractors, farm equipment and implements of husbandry.
46.37.170 Lamps and reflectors on other vehicles and equipment.
46.37.180 Spot lamps and auxiliary lamps.
46.37.184 Red flashing lights on fire department vehicles.
46.37.185 Blue light on fireman’s private cars.
46.37.186 Fire department sign or plate on private car.
46.37.187 Blue light, sign or plate – Identification card required – Funeral coach may display blue light.
46.37.188 Penalty for violation of RCW 46.37.184 through 46.37.188
46.37.190 Red lights on emergency vehicles, school buses, police vehicles – Sirens on emergency vehicles – Driver’s duty to yield and stop.
46.37.200 Stop lamps and electric turn signals.
46.37.210 Additional lighting equipment.
46.37.220 Multiple-beam road-lighting equipment.
46.37.230 Use of multiple-beam road-lighting equipment.
46.37.240 Single-beam road-lighting equipment.
46.37.250 Lighting equipment on motor-driven cycles.
46.37.260 Alternate road lighting equipment.
46.37.270 Number of driving lamps required or permitted.
46.37.280 Special restrictions on lamps.
46.37.290 Special lighting equipment on school buses.
46.37.300 Standards for lights on snow-removal or highway maintenance and service equipment.
46.37.310 Selling or using lamps or equipment.
46.37.340 Braking equipment required.
46.37.351 Performance ability of brakes.
46.37.360 Maintenance of brakes.
46.37.365 Hydraulic brake fluid – Defined – Standards and specifications.
46.37.370 Brakes on motor-driven cycles.
46.37.380 Horns and warning devices.
46.37.390 Mufflers, prevention of noise and smoke.
46.37.400 Mirrors.
46.37.410 Windshields must be unobstructed and equipped with wipers.
46.37.420 Restrictions as to tire equipment.
46.37.430 Safety glazing materials in motor vehicles.
46.37.440 Certain vehicles to carry flares or other warning devices.
46.37.450 Display of warning devices when vehicle disabled.
46.37.460 Vehicles transporting explosives.
46.37.470 Air-conditioning equipment.
46.37.480 Television viewers.
46.37.490 Safety load chain and devices required.
46.37.500 Splash guards.
46.37.510 Seat belts.
46.37.520 Beach used vehicles with soft tires – “Dune buggies” – Inspection and approval required – Fee.
46.37.530 Motorcycles – Mirrors, goggles, face shields, and helmets – Regulations and specifications by commission on equipment.
46.37.535 Helmet requirements when motorcycle rented.
46.44.010 Outside width limit.
46.44.020 Maximum height – Impaired clearance signs.
46.44.030 Maximum lengths.
46.44.034 Front and rear protrusions.
46.44.036 Combination of units – Limitation.
46.44.037 Lawful operation – Special permits.
46.44.038 Width, height, length and combination restrictions – Special permits to exceed authorized.
46.44.041 Maximum gross weights – Axle factor.
46.44.042 Tire factor.
46.44.044 Wheelbase factor.
46.44.045 Penalties for violations.
46.44.046 Excess weight – Discretion of arresting officer.
46.44.047 Logging trucks – Special permits – County permits – Fees – Discretion of arresting officer.
46.44.050 Minimum length of wheelbase.
46.44.060 Outside load limits for passenger vehicles.
46.44.070 Drawbar requirement – Trailer whipping or weaving – Towing flag.
46.44.092 Special permits for oversize or overweight movements – Overall width limits – Application for permit.
46.44.094 Fees.
46.44.097 Misrepresentations and violations – Penalty – Display of permit – Hearing.
46.44.100 Enforcement – Weighing and lightening.
46.44.110 Liability for damage to highways, bridges, et cetera.
46.48.170 State patrol jurisdiction over safety in transport of dangerous articles – Rules and regulations.
46.48.175 Violation of rules, misdemeanor.
46.52.010 Duty on striking unattended car or other property.
46.52.020 Duty in case of injury to or death of person or damage to attended vehicle.
46.52.030 Accident reports.
46.52.040 Report when operator disabled.
46.52.070 Police officer’s report.
46.52.080 Confidentiality of reports – Information required to be disclosed – Evidence.
46.52.083 Availability of factual data to interested parties.
46.52.085 Fee for written information.
46.52.090 Reports by repairmen, storage men and appraisers – Violations, penalties.
46.52.100 Record of traffic charges – Reports of convictions by courts – Venue in justice courts – Driving under influence of liquor or drugs, penalty.
46.52.110 Stolen and abandoned vehicles – Reports of – Notice – Sale – Violations – Penalties.
46.61.005 Provisions of chapter refer to vehicles upon the highways – Exceptions.
46.61.010 Required obedience to traffic laws.
46.61.015 Obedience to police officers and flagmen.
46.61.020 Refusal to give information to or cooperate with officer.
46.61.025 Persons riding animals or driving animal-drawn vehicles.
46.61.030 Persons working on highways – Exceptions.
46.61.035 Authorized emergency vehicles.
46.61.050 Obedience to and required traffic-control devices.
46.61.055 Traffic-control signal legend.
46.61.060 Pedestrian-control signals.
46.61.065 Flashing signals.
46.61.070 Lane-direction-control signals.
46.61.075 Display of unauthorized signs, signals or markings.
46.61.080 Interference with official traffic-control devices or railroad signs or signals.
46.61.085 Traffic control signals or devices upon city streets forming part of state highways – Approval by commissioner required.
46.61.100 Drive on right side of roadway – Exceptions.
46.61.105 Passing vehicles proceeding in opposite directions.
46.61.110 Overtaking a vehicle on the left.
46.61.115 When overtaking on the right is permitted.
46.61.120 Limitations on overtaking on the left.
46.61.125 Further limitations on driving to left of center of roadway.
46.61.130 No-passing zones.
46.61.135 One-way roadways and rotary traffic islands.
46.61.140 Driving on roadways laned for traffic.
46.61.145 Following too closely.
46.61.150 Driving on divided highways.
46.61.155 Restricted access.
46.61.160 Restrictions on use of controlled-access roadway.
46.61.180 Vehicle approaching intersection.
46.61.185 Vehicle turning left.
46.61.190 Vehicle entering stop or yield intersection.
46.61.195 Arterial highways designated – Stopping on entering.
46.61.200 Stop intersections other than arterial may be designated.
46.61.205 Vehicle entering highway from private road or driveway.
46.61.210 Operation of vehicles on approach of authorized emergency vehicles.
46.61.230 Pedestrians subject to traffic regulations.
46.61.235 Pedestrians’ right-of-way in crosswalks.
46.61.240 Crossing at other than crosswalks.
46.61.245 Drivers to exercise care.
46.61.250 Pedestrians on roadways.
46.61.255 Pedestrians soliciting rides or business.
46.61.260 Driving through safety zone prohibited.
46.61.290 Required position and method of turning at intersections.
46.61.295 “U” turns on curve or crest of grade prohibited.
46.61.300 Starting parked vehicle.
46.61.305 Turning movements and required signals.
46.61.310 Signals by hand and arm or signal lamps.
46.61.315 Method of giving hand and arm signals.
46.61.340 Obedience to signal indicating approach of train.
46.61.345 All vehicles must stop at certain railroad grade crossings.
46.61.350 Certain vehicles must stop at all railroad grade crossings.
46.61.355 Moving heavy equipment at railroad grade crossings.
46.61.360 Stop signs and yield signs.
46.61.365 Emerging from alley, driveway or building.
46.61.370 Overtaking and passing school bus.
46.61.385 School patrol – Appointment – Authority – Finance – Insurance.
46.61.400 Basic rule and maximum limits.
46.61.415 When local authorities may alter maximum limits.
46.61.425 Minimum speed regulation.
46.61.440 Maximum speed limit when passing school or playground crosswalks.
46.61.445 Due care required.
46.61.450 Maximum speed, weight and size in traversing bridges, elevated structures, tunnels, underpasses – Posting limits.
46.61.455 Vehicles with solid or hollow cushion tires.
46.61.460 Special speed limitation on motor-driven cycle.
46.61.465 Exceeding speed limit evidence of reckless driving.
46.61.475 Charging violations of speed regulations.
46.61.502 Driving while under influence of intoxicating liquor or drugs.
46.61.504 Actual physical control of motor vehicle under influence of intoxicating liquor or drugs.
46.61.506 Persons under influence of intoxicating liquor or drugs – Evidence – Chemical tests.
46.61.508 Liability of medical personnel withdrawing blood.
46.61.510 Persons under the influence of drugs.
46.61.515 Driving while under the influence of intoxicating liquor or drugs – Penalties – Suspension or revocation of license – Appeal.
46.61.525 Operating motor vehicle in a negligent manner.
46.61.530 Racing of vehicles on highways, reckless driving.
46.61.535 Advertising of unlawful speed attained, reckless driving.
46.61.560 Stopping, standing or parking outside of business or residence districts.
46.61.565 Officers authorized to remove illegally stopped vehicle.
46.61.570 Stopping, standing or parking prohibited in specified places.
46.61.575 Additional parking regulations.
46.61.580 Special parking privileges for certain disabled persons – Display of decal – Prohibited areas.
46.61.600 Unattended motor vehicle.
46.61.605 Limitations on backing.
46.61.610 Riding on motorcycles.
46.61.611 Maximum height for handlebars.
46.61.612 Both feet not to be on same side.
46.61.613 Temporary suspension of restrictions for parades or public demonstrations.
46.61.615 Obstructions to driver’s view or driving mechanism.
46.61.620 Opening and closing vehicle doors.
46.61.625 Riding in trailers.
46.61.630 Coasting prohibited.
46.61.635 Following fire apparatus prohibited.
46.61.640 Crossing fire hose.
46.61.645 Throwing or depositing glass, et cetera, on highway prohibited – Removal.
46.61.650 Throwing or dropping glass or debris, et cetera, upon or along highways, parks, beaches or waters – Penalty – Suspension of penalty conditioned upon removal of debris.
46.61.655 Permitting escape of load materials.
46.61.660 Carrying persons or animals on outside part of vehicle.
46.61.665 Embracing another while driving.
46.61.670 Driving with wheels off roadway.
46.61.675 Causing or permitting vehicle to be unlawfully operated.
46.61.680 Lowering passenger motor vehicle below legal clearance – Penalty.
46.61.685 Leaving children unattended in standing vehicle with motor running – Penalty.
46.61.700 Parent or guardian shall not authorize or permit violation by a child or ward.
46.61.750 Effect of regulations – Penalty.
46.61.755 Traffic laws apply to persons riding bicycles.
46.61.760 Riding on bicycles.
46.61.765 Clinging to vehicles.
46.61.770 Riding on roadways and bicycle paths.
46.61.775 Carrying articles.
46.61.780 Lamps and other equipment on bicycles.
46.61.991 Severability.
46.64.010 Traffic citations – Record of – Cancellation prohibited – Penalty – Citation audit.
46.64.015 Citation and notice to appear in court – Issuance – Contents – Written promise – Arrest.
46.64.020 Nonappearance after written promise, misdemeanor.
46.64.025 Nonappearance after written promise – Notice to department.
46.64.030 Procedure governing arrest and prosecution.
46.64.048 Attempting, aiding, abetting, coercing, committing violations, punishable.
46.64.050 General penalty.
46.64.060 Stopping motor vehicles for driver’s license check, vehicle inspection and test – Purpose.
46.64.070 Stopping motor vehicles for driver’s license check, vehicle inspection and test – Authorized – Powers additional.
46.68.010 Refunds of erroneous license fees – Proof – Time limitation on filing claims.
46.76.010 License required – Exceptions – “Driveway,” “towaway,” method defined.
46.76.030 Issuance on license – Plates.
46.98.010 Continuation of existing law.
46.98.020 Provision to be construed in parti materia.
46.98.040 Invalidity of part of title not to affect remainder.
46.98.050 Repeals and saving.
47.36.130 Meddling with signs prohibited.
47.36.180 Forbidden devices – Penalty.
47.36.200 Signs or flagmen at thoroughfare work sites.
47.36.220 Drivers of vehicles engaged in work must obey signs or flagmen.
47.52.010 “Limited access facility” defined.
47.52.011 “Existing highway” defined.
47.52.040 Design of facility – Ingress and egress restricted – Closure of intersecting roads.
47.52.110 Marking of facility with signs.
47.52.120 Violations specified – Penalty.
(Ord. 80-108 (part)).
10.40.080 Appendix B – RCW sections adopted as modified.
A. RCW 46.04.431 Highway. Highway means the entire width between the boundary lines of every way, public or private, when any part thereof is open to the use of the public for purposes of vehicular travel.
B. RCW 46.08.030 Uniformity of application. The provisions of this title relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this county, except as otherwise provided.
C. RCW 46.61.500 Reckless driving.
1. It is unlawful for any person to operate a motor vehicle in a reckless manner as defined by this resolution.
2. Any person who drives any vehicle in a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.
3. The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than 30 days.
D. RCW 46.64.060 Stopping motor vehicles for driver’s license check, vehicle inspection and test – Purpose. The purpose of RCW 46.64.060 and 46.64.070 is to provide for the exercise of the police power of this state and county to protect the health and safety of its citizens by assuring that only qualified drivers and vehicles which meet minimum equipment standards shall operate upon the highways of this state and county.
E. RCW 46.64.070 Stopping motor vehicles for driver’s license check, vehicle inspection and test – Authorized powers additional. To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Whatcom County sheriff’s office are empowered during daylight hours and while using plainly marked Whatcom County sheriff vehicles with red light to require the driver of any motor vehicle being operated on any highway of this county to stop and display his or her driver’s license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements described by RCW Chapter 46.37, as now or hereafter amended. No criminal citation shall be issued for a period of 10 days after giving a warning ticket pointing out the defect. The powers conferred by RCW 46.64.060 and 46.64.070 are in addition to all other powers conferred by law upon such officers, including but not limited to powers conferred upon them as police officers pursuant to RCW 46.20.430 and powers conferred by RCW Chapter 46.32. (Ord. 80-108 (part)).
10.40.100 Monetary penalties.
A. A person found to have committed a traffic infraction under the terms of this chapter or ordinance shall be assessed a monetary penalty. No penalty may exceed $250.00 for each offense unless authorized by this chapter or title.
B. There shall be a penalty of $250.00 for failure to respond to a notice of traffic infraction, or failure to pay a monetary penalty imposed pursuant to this chapter.
C. Whenever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay it at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court shall notify the Department of Motor Vehicles of the failure to pay the penalty, and the Department may not renew the person’s driver’s license until the penalty has been paid. (Ord. 80-108 (part)).