Traffic Laws

Washington State Laws are published in a collection called the Revised Code of Washington (RCW). The RCW gives each legal topic its own chapter (or title). Title 46, the thickest chapter in state law, covers traffic law. If you’ve ever tried reading the RCW, you know the language can be confusing. We’ve taken the most common traffic violations and tried to explain them in common language. If you want the legal definition, it’s available on-line; just click on the highlighted RCW for each category.

Speeding (RCW 46.61.400)
Following too close (RCW 46.61.145)
Passing on the right, passing on the shoulder (RCW 46.61.115)
Intersections and obstructing traffic (RCW 46.61.202)
Seat belts (RCW 46.61.688)
Car seats (RCW 46.61.687)
Riding in the back of a pick-up (RCW 46.61.660)
Limitations on modifying mufflers (RCW 46.37.390)
Speaker boxes secured (RCW 46.37.680)
Cell phones (RCW 46.61.667)

Speeding (RCW 46.61.400)
We all know that driving faster than the posted speed limit on a given road is speeding.  However, a substantial portion of the speeding law involves driving at a speed that is reasonable for the driving conditions.  That means that a driver can be violating this statute without exceeding the posted speed limit.  Foggy mornings, icy and snowy roads, heavy rain, winding roads; these all affect our ability to drive.  The state puts the responsibility to determine a safe driving speed in poor conditions on the driver.

Speeding is usually enforced using radar, but officers may measure the speed of a vehicle by pacing it with their patrol car, or even with aircraft.  Infractions for driving too fast for conditions at speeds lower than the posted speed limit are typically issued following a traffic accident.

Following too closely (RCW 46.61.145)
The law says that a driver shouldn’t follow closer than what is reasonable and prudent.  But what is reasonable and prudent?  The Department of Licensing recommends a following distance of two to three seconds as speeds of 30 MPH or less, and 4 seconds at speeds greater than 30 MPH.  Researchers have determined that the average perception response time is 1.5 seconds.

Following too closely is often enforced at the scene of rear-end collisions.  Deputies also utilize stop-watches in problem areas to accurately confirm that a car is following too closely.

Passing on the right, passing on the shoulder (RCW 46.61.115)
There are two instances when it is acceptable for a driver to pass another vehicle on the right; on a road with two or more lanes of traffic going in the same direction, or when the vehicle in front is making a left turn.  This law requires that the vehicle passing on the right remain on the roadway.  Many people don’t realize that the law defines the roadway as the area between the fog lines.  Driving on the shoulder in order to pass on the right violates this statute.

Intersections and obstructing traffic (RCW 46.61.202)
This law refers to any situation where a driver might put a vehicle in a position that obstructs other cars, pedestrians or trains.  The most common violation of this law involves drivers moving into an intersection controlled by a traffic light during heavy traffic before there is room to drive completely through the intersection.  Once the light turns red, other drivers are unable to drive through the intersection.  Frequently this happens to drivers that want to make a left turn, and pull into the intersection while waiting for an opening in oncoming traffic.

Seat belts (RCW 46.61.688)
Lets start with the assumption that everyone should wear a seat belt.  The law does offer three provisions for not wearing a seat belt.

• Your car is so old that it didn’t come with seat belts from the factory
• You have used every seat belt in the car, and you still have an additional passenger
• You have written verification from your doctor that you are unable to wear a seat belt for medical reasons

Outside of this list, seat belt use is mandatory.  For the first two items on this list, good judgment would suggest finding other alternatives to riding without a seat belt.  Here’s some reasons why.

Car seats (RCW 46.61.687)
Everyone knows that kids belong in car seats.  It’s the details we wonder about.  Here’s an overview of the current law on car seats.

• All children under the age of 8 years old or under 4’9” tall must be restrained in an appropriate child restraint system. 
• Children under the age of 13 must ride in the back seat whenever it is practical to do so.
• Car seats must be installed and used according to the manufacturer’s specifications.

The new law does not have specific age or size requirements for rear-facing, forward-facing or booster seat use. Instead, the law requires the parent or guardian of the child to make sure that the seat is appropriate for the child’s size and age. Appropriate use can be determined by reading the car seat manual. Car seat manufacturers provide thorough instructions regarding the appropriate use of the seat.

Riding in the back of a pickup (RCW 46.61.660)
Washington law states that it is illegal to ride on the outside of a vehicle.  Is a pickup bed considered inside or outside? Generally, this law is interpreted to mean that riding in a pickup bed is acceptable.  However, If people are riding in a pickup bed even though there are seats inside the cab with available seat belts, the occupants would be violating the law that states that passengers must use all available seat belts.

Limitations on modifying mufflers (RCW 46.37.390(3))
People who are into modifying cars - pay attention!  Did you know that it is illegal to modify the exhaust system of you car so that it sounds louder than the original factory-installed muffler?  It is also illegal to drive a vehicle with an exhaust system modification that is louder than original, even if you didn’t do the modification.

Speaker boxes (RCW 46.37.680)
Accidents resulting in injuries from unsecured speaker boxes prompted the legislature to create this law, which requires that all sound system components are properly secured.  Imagine a collision where speaker cabinets and amplifiers fly through the car and you can understand why our legislators thought this was an important safety issue.

Cell phones (RCW 46.61.667)
Even if we don’t like to admit it, talking on the cell phone while driving distracts us from the real reason we’re in the car - to drive. Now if you want to talk on a cell phone, you’ll need to use your phone in hands-free mode, either by speakerphone or headset. This is a secondary violation, meaning that you can’t get pulled over for talking on your phone, but if you’ve got your phone up to your ear and you commit another violation, expect to get cited for both. Remember that even though the law allows you to talk hands-free, studies have shown that talking on the cell phone, hands-free or not, makes drivers four times more likely to get into a crash. Your safest bet is to save the phone calls until the car is parked.