Chapter 46.08 RCW

GENERAL PROVISIONS

Sections

HTMLPDF 46.08.010State preempts registration and licensing fields.
HTMLPDF 46.08.020Precedence over local vehicle and traffic regulations.
HTMLPDF 46.08.030Uniformity of application.
HTMLPDF 46.08.065Publicly owned vehicles to be markedExceptions.
HTMLPDF 46.08.066Publicly owned vehiclesConfidential license plates, drivers' licenses, identicardsIssuance, rules governing.
HTMLPDF 46.08.067Publicly owned vehiclesViolations concerning marking and confidential license plates.
HTMLPDF 46.08.068Publicly owned vehiclesRemarking not required, when.
HTMLPDF 46.08.070Nonresidents, application to.
HTMLPDF 46.08.150Control of traffic on capitol grounds.
HTMLPDF 46.08.160Control of traffic on capitol groundsEnforcing officer.
HTMLPDF 46.08.170Control of traffic on capitol groundsViolations, traffic infractions, misdemeanorsJurisdiction.
HTMLPDF 46.08.172Parking rental feesEstablishment.
HTMLPDF 46.08.175Golf cart zones.
HTMLPDF 46.08.185Electric vehicle charging stationsSignagePenalty.
HTMLPDF 46.08.190Jurisdiction of judges of district, municipal, and superior court.
HTMLPDF 46.08.195Name and address of record for license, permit, identicard, title, and registration applicantsNotice.

NOTES:

Extension of licensing period authorizedRules and regulations, manner and content: RCW 43.24.140.


State preempts registration and licensing fields.

The provisions of this title relating to certificates of title, registration certificates, vehicle licenses, vehicle license plates, and drivers' licenses shall be exclusive and no political subdivision of the state of Washington shall require or issue any licenses or certificates for the same or a similar purpose, nor shall any city or town in this state impose a tax, license, or other fee upon vehicles operating exclusively between points outside of such city or town limits, and to points therein.

NOTES:

Effective dateIntentLegislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session2010 c 161: See notes following RCW 46.04.013.
PurposeEffective datesApplicationImplementation1990 c 42: See notes following RCW 46.68.090.



Precedence over local vehicle and traffic regulations.

The provisions of this title relating to vehicles shall be applicable and uniform throughout this state and in all incorporated cities and towns and all political subdivisions therein and no local authority shall enact or enforce any law, ordinance, rule or regulation in conflict with the provisions of this title except and unless expressly authorized by law to do so and any laws, ordinances, rules or regulations in conflict with the provisions of this title are hereby declared to be invalid and of no effect. Local authorities may, however, adopt additional vehicle and traffic regulations which are not in conflict with the provisions of this title.
[ 1961 c 12 s 46.08.020. Prior: 1937 c 189 s 2; RRS s 6360-2.]



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 state, except as otherwise specifically provided.
[ 1961 c 12 s 46.08.030. Prior: 1937 c 189 s 3; RRS s 6360-3.]



Publicly owned vehicles to be markedExceptions.

(1) It is unlawful for any public officer having charge of any vehicle owned or controlled by any county, city, town, or public body in this state other than the state of Washington and used in public business to operate the same upon the public highways of this state unless and until there shall be displayed upon such automobile or other motor vehicle in letters of contrasting color not less than one and one-quarter inches in height in a conspicuous place on the right and left sides thereof, the name of such county, city, town, or other public body, together with the name of the department or office upon the business of which the said vehicle is used. This section shall not apply to vehicles of a sheriff's office, local police department, or any vehicles used by local peace officers under public authority for special undercover or confidential investigative purposes. This subsection shall not apply to: (a) Any municipal transit vehicle operated for purposes of providing public mass transportation; (b) any vehicle governed by the requirements of subsection (4) of this section; nor to (c) any motor vehicle on loan to a school district for driver training purposes. It shall be lawful and constitute compliance with the provisions of this section, however, for the governing body of the appropriate county, city, town, or public body other than the state of Washington or its agencies to adopt and use a distinctive insignia which shall be not less than six inches in diameter across its smallest dimension and which shall be displayed conspicuously on the right and left sides of the vehicle. Such insignia shall be in a color or colors contrasting with the vehicle to which applied for maximum visibility. The name of the public body owning or operating the vehicle shall also be included as part of or displayed above such approved insignia in colors contrasting with the vehicle in letters not less than one and one-quarter inches in height. Immediately below the lettering identifying the public entity and agency operating the vehicle or below an approved insignia shall appear the words "for official use only" in letters at least one inch high in a color contrasting with the color of the vehicle. The appropriate governing body may provide by rule or ordinance for marking of passenger motor vehicles as prescribed in subsection (2) of this section or for exceptions to the marking requirements for local governmental agencies for the same purposes and under the same circumstances as permitted for state agencies under subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this section, passenger motor vehicles owned or controlled by the state of Washington, and purchased after July 1, 1989, must be plainly and conspicuously marked on the lower left-hand corner of the rear window with the name of the operating agency or institution or the words "state motor pool," as appropriate, the words "state of Washington — for official use only," and the seal of the state of Washington or the appropriate agency or institution insignia, approved by the department of enterprise services. Markings must be on a transparent adhesive material and conform to the standards established by the department of enterprise services. For the purposes of this section, "passenger motor vehicles" means sedans, station wagons, vans, light trucks, or other motor vehicles under ten thousand pounds gross vehicle weight.
(3) Subsection (2) of this section shall not apply to vehicles used by the Washington state patrol for general undercover or confidential investigative purposes. Traffic control vehicles of the Washington state patrol may be exempted from the requirements of subsection (2) of this section at the discretion of the chief of the Washington state patrol. The department of enterprise services shall adopt general rules permitting other exceptions to the requirements of subsection (2) of this section for other vehicles used for law enforcement, confidential public health work, and public assistance fraud or support investigative purposes, for vehicles leased or rented by the state on a casual basis for a period of less than ninety days, and those provided for in RCW 46.08.066. The exceptions in this subsection, subsection (4) of this section, and those provided for in RCW 46.08.066 shall be the only exceptions permitted to the requirements of subsection (2) of this section.
(4) Any motorcycle, vehicle over 10,000 pounds gross vehicle weight, or other vehicle that for structural reasons cannot be marked as required by subsection (1) or (2) of this section that is owned or controlled by the state of Washington or by any county, city, town, or other public body in this state and used for public purposes on the public highways of this state shall be conspicuously marked in letters of a contrasting color with the words "State of Washington" or the name of such county, city, town, or other public body, together with the name of the department or office that owns or controls the vehicle.
(5) All motor vehicle markings required under the terms of this chapter shall be maintained in a legible condition at all times.

NOTES:

Effective date1989 c 57: See note following RCW 43.19.620.



Publicly owned vehiclesConfidential license plates, drivers' licenses, identicardsIssuance, rules governing.

(1) The department may issue confidential license plates to:
(a) Units of local government and agencies of the federal government for law enforcement purposes only;
(b) Any state official elected on a statewide basis for use on official business. Only one set of confidential license plates may be issued to these elected officials;
(c) Any other public officer or public employee for the personal security of the officer or employee when recommended by the chief of the Washington state patrol. These confidential license plates may only be used on an unmarked publicly owned or controlled vehicle of the employing government agency for the conduct of official business for the period of time that the personal security of the state official, public officer, or other public employee may require; and
(d) The office of the state treasurer. These confidential license plates may only be used on an unmarked state owned or controlled vehicle when required for the safe transportation of either state funds or negotiable securities to or from the office of the state treasurer.
(2) The use of confidential license plates on other vehicles owned or operated by the state of Washington by any officer or employee of the state is limited to confidential, investigative, or undercover work of state law enforcement agencies, confidential public health work, and confidential public assistance fraud or child support investigations.
(3)(a) The department may issue confidential drivers' licenses and identicards to commissioned officers of state and local law enforcement agencies and agencies of the federal government only for undercover or covert law enforcement activities.
(b) Any driver's license or identicard issued under this subsection shall display an expiration date that complies with the department's rules, but a driver's license or identicard issued under this subsection may be used only during the duration of the officer's assignment to an undercover or covert operation.
(c) Any driver's license or identicard issued under this subsection must be returned to the department within thirty days of the end of the officer's undercover assignment. Any driver's license or identicard issued under this subsection must be returned to the department immediately upon the officer's retirement, termination, dismissal, change in job assignment, or leave from the agency.
(4) The director may adopt rules governing applications for, and the use of, confidential license plates, drivers' licenses, and identicards.

NOTES:

Effective date2013 c 336: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 21, 2013]." [ 2013 c 336 s 4.]
Effective dateIntentLegislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session2010 c 161: See notes following RCW 46.04.013.
SeverabilityEffective date1982 c 163: See notes following RCW 2.10.052.



Publicly owned vehiclesViolations concerning marking and confidential license plates.

A violation of any provision of RCW 46.08.065 as now or hereafter amended or of RCW 46.08.066 shall subject the public officer or employee committing such violation to disciplinary action by the appropriate appointing authority or employing agency. Such disciplinary action may include, but shall not be limited to, suspension without pay or termination of employment in the case of repeated or continuing noncompliance.



Publicly owned vehiclesRemarking not required, when.

Any vehicle properly marked pursuant to statutory requirements in effect prior to September 8, 1975, need not be remarked to conform to the requirements of RCW 46.08.065 through 46.08.067 until July 1, 1977.



Nonresidents, application to.

Subject to a compliance with the motor vehicle laws of the state and acceptance of the provisions of this title, nonresident owners and operators of vehicles hereby are granted the privilege of using the public highways of this state, and use of such public highways shall be deemed and construed to be an acceptance by such nonresident owners and operators of the provisions of this title.
[ 1961 c 12 s 46.08.070. Prior: 1937 c 189 s 128; RRS s 6360-128.]



Control of traffic on capitol grounds.

The director of enterprise services shall have power to devise and promulgate rules and regulations for the control of vehicular and pedestrian traffic and the parking of motor vehicles on the state capitol grounds. However, the monetary penalty for parking a motor vehicle without a valid special license plate or placard in a parking place reserved for persons with physical disabilities shall be the same as provided in RCW 46.19.050. Such rules and regulations shall be promulgated by publication in one issue of a newspaper published at the state capitol and shall be given such further publicity as the director may deem proper.

NOTES:

Effective dateIntentLegislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session2010 c 161: See notes following RCW 46.04.013.



Control of traffic on capitol groundsEnforcing officer.

The chief of the Washington state patrol shall be the chief enforcing officer to assure the proper enforcement of such rules and regulations.
[ 1961 c 12 s 46.08.160. Prior: 1947 c 11 s 2; Rem. Supp. 1947 s 7921-21.]



Control of traffic on capitol groundsViolations, traffic infractions, misdemeanorsJurisdiction.

(1) Except as provided in subsection (2) of this section, any violation of a rule or regulation prescribed under RCW 46.08.150 is a traffic infraction, and the district courts of Thurston county shall have jurisdiction over such offenses: PROVIDED, That violation of a rule or regulation relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(2) Violation of such a rule or regulation equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Intent1987 c 202: See note following RCW 2.04.190.
Effective dateSeverability1979 ex.s. c 136: See notes following RCW 46.63.010.



Parking rental feesEstablishment.

The director of the department of enterprise services shall establish equitable and consistent parking rental fees for the capitol campus and may, if requested by agencies, establish equitable and consistent parking rental fees for agencies off the capitol campus, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking or to meet the commute trip reduction goals established in *RCW 70.94.527. All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.

NOTES:

*Reviser's note: RCW 70.94.527 was recodified as RCW 70A.15.4020 pursuant to 2020 c 20 s 2010.
FindingPurpose1993 c 394: See note following RCW 43.01.220.
Effective datesSeverability1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984Effective datesSeverabilityShort title1984 c 258: See notes following RCW 3.30.010.
Intent1984 c 258: See note following RCW 3.34.130.
Fee deposition: RCW 43.01.225.



Golf cart zones.

(1) The legislative authority of a city or county may by ordinance or resolution create a golf cart zone, for the purposes of permitting the incidental operation of golf carts, as defined in RCW 46.04.1945, upon a street or highway of this state having a speed limit of twenty-five miles per hour or less.
(2) Every person operating a golf cart as authorized under this section is granted all rights and is subject to all duties applicable to the driver of a vehicle under chapter 46.61 RCW.
(3) Every person operating a golf cart as authorized under this section must be at least sixteen years of age and must have completed a driver education course or have previous experience driving as a licensed driver.
(4) A person who has a revoked license under RCW 46.20.285 may not operate a golf cart as authorized under this section.
(5) The legislative authority of a city or county may prohibit any person from operating a golf cart as authorized under this section at any time from a half hour after sunset to a half hour before sunrise.
(6) The legislative authority of a city or county may require a decal or other identifying device to be displayed on golf carts authorized on the streets and highways of this state under this section. The city or county may charge a fee for the decal or other identifying device.
(7) The legislative authority of a city or county may prohibit the operation of golf carts in designated bicycle lanes that are within a golf cart zone.
(8) Golf carts must be equipped with reflectors, seat belts, and rearview mirrors when operated upon streets and highways as authorized under this section.
(9) A city or county that creates a golf cart zone under this section must clearly identify the zone by placing signage at the beginning and end of the golf cart zone on a street or road that is part of the golf cart zone. The signage must be in compliance with the department of transportation's manual on uniform traffic control devices for streets and highways.
(10) Accidents that involve golf carts operated upon streets and highways as authorized under this section must be recorded and tracked in compliance with chapter 46.52 RCW. The accident report must indicate that a golf cart operating within a golf cart zone is involved in the accident.



Electric vehicle charging stationsSignagePenalty.

(1) Publicly available electric vehicle supply equipment must be indicated by vertical signage identifying the station as publicly available electric vehicle supply equipment and indicating that it is only for electric vehicle charging. The signage must be consistent with the manual on uniform traffic control devices, as adopted by the department of transportation under RCW 47.36.030, and contain the information required in RCW 19.94.560. Supplementary signage may be posted to provide additional information including, but not limited to, the amount of the monetary penalty under subsection (2) of this section for parking in the station while not connected to the charging equipment.
(2) It is a parking infraction, with a monetary penalty of one hundred twenty-four dollars, for any person to park a vehicle in a parking space served by publicly available electric vehicle supply equipment if the vehicle is not connected to the charging equipment. The parking infraction must be processed as prescribed under RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2).
(3) For purposes of this section, "publicly available electric vehicle supply equipment" has the same meaning as provided in RCW 19.94.010 and described in RCW 19.94.550 and 19.94.555.



Jurisdiction of judges of district, municipal, and superior court.

Every district and municipal court judge shall have concurrent jurisdiction with superior court judges of the state for all violations of the provisions of this title, except the trial of felony charges on the merits, and may impose any punishment provided therefor.

NOTES:

Court Improvement Act of 1984Effective datesSeverabilityShort title1984 c 258: See notes following RCW 3.30.010.
Application1984 c 258 ss 101-139: See note following RCW 3.50.005.



Name and address of record for license, permit, identicard, title, and registration applicantsNotice.

(1) The name, residence address, and mailing address (if different) submitted by an applicant for a driver's license or other permit, identicard, certificate of title, or vehicle or vessel registration is the name and address of record for the person.
(2)(a) If an applicant for or the holder of a driver's license, permit, identicard, certificate of title, or vehicle or vessel registration changes his or her name or address, he or she must notify the department of the change in writing on a form provided by the department. The written notification, or other means as designated by rule of the department, is the exclusive means by which the name or address of record maintained by the department concerning the person may be changed.
(b) The form must contain a place for the person to indicate that an address change is not for voting purposes. The department must notify the secretary of state by the means described in RCW 29A.08.350 of all change of address information for natural persons received by means of this form except information on persons indicating that the change is not for voting purposes.
(3) Any notice regarding the refusal, cancellation, suspension, revocation, disqualification, probation, or nonrenewal of the driver's license, commercial driver's license, permit, driving privilege, identicard, certificate of title, or vehicle or vessel registration mailed to the address of record of the applicant or holder is effective notwithstanding the applicant or holder's failure to receive the notice.
(4) The department may not change the name of record of a person who is the holder of a driver's license, other driving permit, or identicard under this section unless the person has again satisfied the department regarding his or her identity in the manner provided under RCW 46.20.035.