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Traffic Q & A
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traffic-Q&A
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Bill Elfo, Sheriff

traffic-Q&A

Traffic enforcement creates more questions than any other topic related to law enforcement and the criminal justice system. Here’s some of the questions we’ve encountered listed right here. If you have a traffic question you’d like answered, send it in, and we’ll give it our best shot.

I'm curious. I drove through an intersection this morning at 4 a.m. A police officer pulled out of a parking lot and followed at a distance. As we came up to the next traffic signal, it mysteriously changed to red just before I got to it. However, there was no other traffic on the road in any direction, and I know these lights are triggered by in-ground sensors. Are police allowed to trigger the lights in non-emergency situations to "check out" a vehicle?

Most patrol cars are equipped with a specially calibrated strobe light that can change a traffic signal. Officers use this to change a light from red to green when responding to emergencies. The traffic signal in the officer’s direction of travel turns green and all other signals at the intersection turn red. This protects other drivers by keeping them out of the intersection during an emergency response and allows the officer to respond faster while still driving safely. Fire engines and aid cars are similarly equipped. The scenario you described where the officer changed the light from green to red wouldn’t be possible, since the strobe on patrol cars can only do the opposite function. I’m no signal engineer, but I’m guessing the mysterious change you described was just a coincidence. 

Can more than one scooter park in a parking spot? Are scooters allowed to park on the sidewalk if there’s ample room?

There are a few different kinds of scooters out on the roads, and the type of scooter determines where you can go with it. The most basic style is what the law calls a “motorized foot scooter”. These look like a skate board with handlebars and a little motor by the back tire. Some motorized foot scooters come with a bicycle-style seat. The state law gives motorized foot scooters the same access to roads to as bicycles, however many local jurisdictions have additional restrictions on motorized foot scooters.

The more traditional Vespa-style scooter fits the legal definition of “motor-driven cycle”. Drivers of motor-driven cycles must have an endorsement on their driver’s license and obey the same laws and requirements that motorcycle driver do. That includes no parking on sidewalks. As far as parking more than one scooter in a parking spot goes, the state doesn’t have a specific prohibition against it, but it might be good to check with the local jurisdiction.

In between motorized foot scooters and motor-driven cycles we find mopeds. These don’t require a special endorsement, but can not be driven on sidewalks or trails and the moped must be registered.

On the fringe of scooters is the pocket bike. Pocket bikes look like miniature versions of full-size motorcycles. These vehicles mostly conform to the definition of a motor-driven cycle, but don’t have the legal requirements to be driven on public roads. The department of licensing considers pocket bikes to be off-road only vehicles, and many law enforcement agencies across the state view them that way as well.

What is my obligation is when a school bus starts flashing amber lights about a quarter mile before it actually comes to a stop and turns its red lights on?

The amber lights on a school bus function much like an amber light at an intersection. The bus driver is letting other vehicles know that the bus will soon be coming to a stop to pick up or drop off children. Once the bus stops and the driver turns the lights from amber to red, passing that bus is a violation of state law with a $394 fine to go along with it. Similar to school zone violations, the fine for passing a bus can not be waived, reduced or suspended.

To address the first part of your question, you have the obligation to use sound judgment in your decision to pass the bus. Passing a bus that has amber lights flashing is not a violation, but those lights do remind drivers to take extra caution. Here’s something to think about: At 35 mph, the typical speed limit on a county road, it takes less than 30 seconds to travel a quarter mile. If you decide to pass a school bus, knowing that it still has about a quarter mile to go before stopping to pick up children, you’ll probably complete your pass at or near the location of the children waiting to be picked up. Knowing that school children are standing on the side of the road should influence your decision as well, since young kids don’t always behave predictably. To summarize, the law requires that all vehicles stop when the bus lights flash red, but sometimes our better judgment might make us more cautious than the law requires. 

I live in a neighborhood with a hill and lots of cars parked on either side of the road. Who has the right of way when one car is going down hill, one is going up hill, and these parked cars are in the way?

That’s an interesting question, and our county has several streets that could fit that scenario at times. However, Washington State Law does not have a statute that addresses that specific situation, and even public opinion differs on who might have right-of-way. On logging roads the truck going down hill has priority, but that’s more of a practical braking consideration rather than a traffic laws. Search on-line and you’ll find a variety of thoughts on who should do what, but none of them cite any legal basis. What it comes down to is that when you encounter a problem that is not specifically addressed in our traffic law, default to the general obligation to use care and caution in your driving.  Drivers who find themselves stuck going up or down a hill with cars on both sides will have to figure out a solution that is safe and works. I know that doesn’t exactly answer the question, but unless a legislator takes up your cause and drafts a new law, this is what we have to work with. 

Is a turn signal required when making a turn from a "turn only" lane?

I understand the perceived redundancy of using turn signal in a lane that gives you no alternative but to make that turn. However, our state law is very clear on when signals must be used. It states, “No person shall turn a vehicle or move right or left . . . without giving an appropriate signal . . .” That pretty much eliminates any option of turning without signals, no matter what the circumstances are. 

 Is it legal to make a left turn on a green light (not an arrow) that says yield to oncoming traffic if you make your turn as soon as the red light turns to green before the waiting oncoming vehicles start to go? I understand the safety aspects of jumping the light, but is it legal?

 Even if you think you can get through the intersection before the oncoming car starts moving, you have a legal obligation to wait. When two cars approach an intersection from opposite directions, the vehicle going straight has the right-of-way. That “Left Turn Yield on Green” sign applies not only to oncoming vehicles in the intersection, but also to ones approaching or about to start moving after getting a green light. Remember that the driver of the car going straight through the intersection doesn’t expect you to make that left turn, and if your rush through the intersection results in a crash, you will most likely be considered at fault.

Are motorcycles required to carry liability insurance in Washington? After looking through the RCW, I cannot find anything definitive.

Tucked down at the bottom of RCW 46.30.020 you’ll find a brief sentence that states that the law requiring liability insurance doesn’t apply to motorcycles or mopeds. That makes Washington one of only two states in the U.S. that doesn’t require liability insurance on motorcycles. I’m not sure why motorcycles are exempt from insurance, but after some of the motorcycle crashes I’ve seen, I hope any motorcyclist without insurance has an excellent medical plan. Also, a motorcyclist that doesn’t carry insurance still has financial responsibility for any damage or injuries if at fault in a crash.

 If there are two or more people in a truck pulling a 5th wheel trailer, is it legal to travel in the HOV lane? I say yes, my father says no.

I don’t want to create any family turmoil, but only one of you can be right. Vehicles towing trailers are not supposed to travel in the left lane of a freeway with three or more lanes, but the HOV lane doesn’t count. By law, the HOV lane is not considered the left-hand lane of a roadway. That means that even if you tow a trailer you can drive in the HOV lane as long as you meet the occupant requirements. The Washington Administrative Code specifically mentions recreational vehicles as authorized to use HOV lanes.  There is one limitation, though. Vehicles that exceed 10,000 pounds are prohibited from driving in the HOV lane regardless of the number of occupants.

In addition to recreational vehicles, the law specifies several other types of vehicles that can use the HOV lane. Besides motorists with a sufficient number of occupants to meet the HOV requirement, municipal transit vehicles, busses that can carry 16 or more passengers, motorcycles and on-duty law enforcement or fire department vehicles equipped with lights and siren can all use the HOV lane.

I recently heard that honking my horn will get me a $125 fine. How can that be true?

You’re right to question what you heard. We don’t have a law that prohibits drivers from honking their horns. However, we do have a law that prohibits honking horns for reasons other than safety. The horn should be used to warn other motorists of potentially dangerous situations. If you think honking your horn could alert another driver to a hazard, honk your horn and help prevent a possible crash. But if you get the urge to honk just because someone annoyed you, lay off the horn. And not to get too nitpicky, but the fine is actually $124.

I know it’s a bad idea, but is it legal to wear headphones while driving?

The law prohibits drivers from wearing headphones that play any sort of audible signal and muffle or exclude other sounds. That’s because drivers need to be able to not only see what’s happening around them, but also hear what’s going on. I suppose you could wear earbuds (those tiny in-ear headphones) while driving as long as they weren’t plugged in to anything, but what would be the point? This law doesn’t apply to motorcyclists wearing a helmet with a built-in headset approved by the state patrol, or to drivers using a hands-free device for their cell phone.

Along with headphones that mask drivers’ hearing, some people drive with a car stereo so loud that it overpowers any sounds coming from outside the vehicle. Our state doesn’t have a law that limits car stereo volumes, but many local jurisdictions do. For example, the City of Bellingham has a law prohibiting a vehicle sound system from playing at a volume loud enough to be heard more than 50 feet from the vehicle. Even outside of jurisdictions that have noise ordinances for car stereos, driving with a stereo so loud that it obscures horns, sirens or squealing brakes is just plain dangerous.

Is there any regulation concerning the height of vehicle headlights? It seems there are a lot of raised pickups with headlights so high they are blinding and very distracting.

Our state law has specific requirements for headlight height on vehicles. The lowest height allowed is 24 inches, and the greatest height is 54 inches. That’s four-and-a-half feet off the ground to the center of the headlight. Even most of the jacked up pickups we see don’t have lights that high. Usually the problem is one of adjustment. I suspect that most people who raise the height of their vehicle don’t consider how that affects the direction of their headlight beam. There is a law that requires headlights to be adjusted so that the high intensity portion of the headlight beam does not shine into the eyes of an approaching driver. For anyone out there that has modified their vehicle height, don’t forget to check out your headlight adjustment. Keeping your headlights out of the eyes of oncoming drivers is safer for both you and them.

I see so many vehicles with new wheels and tires protruding from the wheel wells outside the fender. Is this o.k. or are the tire companies and drivers in violation?

All vehicles traveling on public roads are required to have fenders or mud flaps that are at least as wide as the tires on the vehicle. Or said another way, you can’t legally drive a vehicle if the tires stick out past the fenders. Also, the fenders or mud flap must extend downward at least to the center of the tire. Sometimes you’ll see pickups with tire and suspension modifications so extreme that the mud flaps no longer cover enough of the tire. When a car or pickup comes from the factory, the manufacturers make sure that they build the vehicle to meet the requirements of the law. Often people want to modify the car to make it more individual, and sometimes vehicle owners make choices that don’t comply with the law.

Regarding who is responsible for the violation, the law states that no person may operate a vehicle that doesn’t meet the requirements for fenders. This puts the accountability for pairing proper tires with the vehicle on the driver, not the tire companies or tire installers. I spoke with a couple of local tire distributors regarding this issue. Both people I spoke with said they receive relatively few requests for tire installations that would make the vehicle illegal on the roadway. When they do get those requests, they try to encourage the customer to reevaluate their tire choice, but ultimately the decision is made by the driver.

While some people may like the look of tires projecting past the fenders, there’s good reason not to make that modification to a car. Besides attracting the attention of the police and possibly getting a ticket, making sure your vehicle complies with this law protects the people that are traveling behind you from rocks and other debris that may get picked up and thrown by your tires. 

I have two questions about what to do when emergency vehicles are approaching:
1. On a two lane roadway, if the emergency vehicle is coming from the opposite direction and the roadway is clear, do you need to pull over?
2. On the freeway, if you are traveling in the right hand lane and the emergency vehicle is approaching in the left hand lane and that lane is not obstructed, do you need to pull over?

We’ve probably all heard the slogan about moving right for flashing lights, but I’m betting that most people haven’t actually read the law about yielding for emergency vehicles. I don’t blame you if you’re one of them – the RCW is pretty dry reading. If you’ve got the lights and siren of an emergency vehicle approaching you either from the front or coming up from behind, the law requires you to pull over to the side of the road and stop until the emergency vehicle has passed. You might think there’s no reason to pull over if you’re in the right lane of the freeway and an ambulance is coming up behind you in the left lane, but the law does not discriminate based on the amount of traffic on the road or the number of lanes of roadway. Realistically, I’ve driven in situations where it wouldn’t make sense to pull over to the right shoulder and stop. For example, during heavy Seattle traffic on I-5 moving one lane over and slowing down may be the best you can do. Make your best effort to move out of the way for the approaching emergency vehicle while driving safely.

In addition, drivers should use extra caution when approaching an ambulance, patrol car or tow truck stopped on the side of the road with lights flashing. On roads with two or more lanes with traffic in the same direction, make a lane change to give the emergency vehicle more room. If you can’t change lanes safely, or if you’re travelling on a road with only one lane going in your direction, move as far as you can away from the emergency vehicle while remaining in your lane.

When do I have to stop for a pedestrian? When they’re standing on the curb? When they start walking toward the crosswalk? Once they’ve already crossed the lane I’m driving in?

First of all, let’s make sure we agree on what a crosswalk is. By state law, even if an intersection doesn’t have a painted crosswalk on it the area where you would normally find a painted crosswalk is called an unmarked crosswalk. Pedestrians always have the right-of-way while in a crosswalk, marked or unmarked.

Drivers are required to stop for pedestrians as soon as they step into the crosswalk. That doesn’t mean that pedestrians can try to fake out drivers by standing casually at the corner of an intersection and then suddenly run into the roadway in front of an approaching car, claiming they have the right-of-way. As a pedestrian, I’m not sure why you’d want to do that, but our state law does say it is illegal. On a two lane road, once a pedestrian is in the crosswalk, drivers must wait until the pedestrian has crossed the entire road before proceeding. On roads with several lanes in each direction, drivers must yield to pedestrians that are within one lane of the side of the road that the driver is traveling in.

A fairly recent addition, some crosswalks may have flashing in-pavement lights that are activated by pedestrians. If you see a flashing crosswalk, you are required to stop for pedestrians. You will often find this type of crosswalk in the middle of a block where there is high pedestrian traffic, rather than at an intersection.

Also, pedestrians crossing a street at any point other than a crosswalk must yield the right-of-way to vehicles on the roadway. For those pedestrians in the city, whenever intersections have those walk-don’t walk pedestrian control signs it is illegal to cross the street anywhere besides at the controlled sidewalk. As always, the law specifies what is required as a driver or pedestrian, but nothing can replace caution and good judgment.

Could you clarify the rules for the interaction between bikes and cars on the road? Where can bikes go and what should cars do?

That’s a bigger question than I can cover in a short article, so I’ll address a few key points for motorists and cyclists. First of all, cyclists have the same rights and responsibilities as a vehicle driver. Not only does that give cyclists the freedom to use the road, but also the obligation to follow all traffic laws. Cyclists who obey traffic laws will be much more predictable to drivers, and that predictability can help a motorist anticipate a cyclist’s actions and avoid a collision. The law also requires cyclists travelling slower than the speed limit to ride as far to the right side of the lane as is safe unless passing another vehicle or preparing to turn.

I think sometimes drivers forget that cyclists have the right to be on the roadway and see cyclists as an intrusion to their driving. For drivers, remember that cyclists are far more vulnerable than you in a collision and they depend on your respect of their cycling rights to travel safely. When passing a cyclist leave at least three feet between your vehicle and the cyclist. Also, it is illegal to pass another car on a 2-lane road if a cyclist or pedestrian is approaching in the on-coming lane.

Finally, I have this advice for cyclists. Your right to ride in the road will not in itself protect you from a collision with a vehicle. Even when you have the right-of-way, diligently watch for inattentive or unsafe motorists. In a crash between a car and a bike, the bike always loses.

If you come to an intersection with 2 stop signs (the cross traffic has no stop) who has the right of way when the oncoming car wants to turn left and you want to go straight?

I’ve received enough questions about two way stop intersections to conclude that we have some confusion on how to get through them. Does the first vehicle to the stop sign have the right of way, or does it go to the vehicle going straight? Looking through the Revised Code of Washington, the final authority on traffic laws, it’s not easy to find the answer. I’ll save you the trouble and try to explain how to navigate two way stop intersections. First, let’s assume that the cars I’m referring to are on the street with the stop signs, approaching the street that doesn’t have stop signs. If two cars approach the intersection from opposite directions and arrive at approximately the same time, the vehicle that is turning must yield the right-of-way to the vehicle that is going straight. If the cars approaching the intersection arrive at different times, the vehicle that arrived first is the vehicle that gets to go first.

As I said earlier, the proper procedure for driving through two way stop intersections is not immediately apparent in our state’s written law, so to be sure I checked with a couple of deputies. They confirmed that they interpret the law the same way, but agreed that the law doesn’t state it explicitly. Finally, I spoke with a driver’s education teacher who said his curriculum matched my conclusions.

Given that so many people have questions about how to properly proceed after stopping at a two way stop intersection, I’d encourage drivers to consider that the person at the other side of the intersection may not know who has the right-of-way, and use additional caution when entering the intersection.  Having the right-of-way does not remove a driver’s responsibility to be aware and try to avoid crashes.

Is it ever legal to pass a school bus that has red lights flashing and the stop sign out? I’m wondering about five lane roads like Sunset Drive. Being that no child or pedestrian should cross five lanes of traffic, can on-coming vehicles continue driving?

You’ve just described one of two scenarios where drivers do not have an obligation to stop for a school bus that is picking up or dropping off children. When a road has three or more lanes marked for traffic, drivers that are traveling in the direction opposite the bus don’t have to stop when they see a bus with red lights flashing and the stop sign out.

The second scenario is similar to the first. The driver of a vehicle on a road that is divided by a median or other barrier does not have to stop for a school bus coming from the opposite direction that is stopped to drop off or pick up children. 

School transportation officials are aware of the law and they have concern for their students’ safety. They make sure to service both sides of roads that fit the above description. However, I’d recommend caution whenever you see a school bus with red lights flashing, even if you aren’t required to stop, because those lights means there may be children nearby. Even if a bus driver makes every effort to deliver children safely home, the driver can’t control what the children do once they get off the bus. Some of those children may lack the experience or judgment necessary to successfully avoid dangerous traffic encounters, so extra vigilance in your safe driving efforts is worthwhile.

Any situation that doesn’t fit the above two scenarios requires motorists to stop until the bus driver has turned off the red lights and retracted the stop sign.

I got a speeding ticket and heard that it can be deferred. Is that true? How do I do this?

It’s true – you can get a speeding ticket deferred. But don’t think of it as a “Get out of jail free” card. Deferred findings still have costs, and you’ll have to be on your very best driving behavior to avoid losing the deferral.

To give you an idea of how it works, I’ll describe the process in Whatcom County. On the back of your notice of infraction, check the box requesting a mitigation hearing and send it in. At the hearing, ask for a deferral of your infraction. If the judge grants a deferral, you will have to pay $150.00 in court fees. If you don’t receive any traffic infractions for one year from the date that the judge granted the deferral, the infraction will be dismissed. It won’t go on your record and your insurance company will never know it happened. If you do get another ticket, you will have to pay the full amount of the original fine, in addition to the $150.00 you’ve already paid. The court will report your infraction to the Department of Licensing. You can only request a deferral once every seven years.

Each court has its own protocol for the deferral process, so check with the court in the jurisdiction where you received your infraction for specific details. Whatever the process, remember that a deferral isn’t for everyone. If you think there’s a good chance, based on past driving experiences, that you’ll get another ticket in the next year, don’t waste your money on a deferral. Instead, you could put that $150.00 toward a bus pass and guarantee yourself you won’t get a ticket. But if this ticket was the result of one mistake in an otherwise stellar driving record, the deferral may be a good option for you.

Is it just me, or do we have an epidemic of illegal U-turning behaviors in this town?

Your question prompted me to ask a flurry of other questions: You used the word “epidemic” – does that explain why we have so many traffic violations? Are traffic violations contagious? If they are, how do they spread? Has anyone developed a vaccine? How would that vaccine be administered? And finally, what makes a u-turn illegal?

In Washington drivers are not allowed to make a u-turn unless (and this is a really big unless) the driver can complete the turn safely and without interfering with other traffic. That leaves drivers with a lot of potential opportunities to make u-turns. However, there are a few specific rules that prohibit u-turns in certain situations. U-turns are prohibited in curves and near the crest of a hill where the vehicle can’t be seen by another driver approaching within 500 feet. That seems reasonable, and it goes along with the previous regulation about making the u-turn safely. U-turns are also prohibited on the freeway. Anyone who has missed an exit on the freeway knows the temptation to take that graveled spot in the median, especially when the next exit is five or ten miles up the interstate. Don’t do it. U-turns on a limited access highway have more severe consequences than other illegal u-turns. Washington has a law specific to u-turns on freeways that makes it a misdemeanor, an actual crime, rather than a traffic infraction. Finally, local jurisdictions can decide to prohibit u-turns on specific roads.

Even with all those limitations, there are still plenty of places that a driver could make a u-turn. The big question in those situations is, “can I really make this turn safely?” I think the “epidemic of illegal u-turns” stems from people letting their desire to take a short-cut cloud their driving judgment.

Is it legal for a long vehicle to use a diagonal parking spot if it protrudes into the traffic lane? If not, what is the fine? Are tickets ever issued?

Parking spots are not one-size-fits-all, and some cars just won’t fit into some parking spots. The driver has the responsibility to make sure that his or her vehicle fits into a parking space without obstructing traffic. But how big is too big? A super-stretch limousine clearly exceeds the limits of the typical diagonal parking spot, but what about a full-size crew cab pickup? Maybe, maybe not – It depends on the design of the parking area. If you own a larger vehicle, I’d recommend that you don’t assume you fit into all parking spaces. Before leaving your vehicle, check and make sure you’re not sticking out into the road. In some business districts where parking is hard to find you might be tempted to take any spot you can get, but read on and you’ll see that it’s worth it to find a parking space that fits your vehicle.

A Law enforcement officer who finds a parked vehicle protruding into the road would consider it an unattended motor vehicle on a highway, a violation of state law. If the officer determines that the protrusion creates an obstruction to traffic or jeopardizes public safety he likely would decide to impound the vehicle. That means that the owner would receive a $124.00 parking infraction along with towing and impound charges. If the parked vehicle contributes to a crash, those expenses would be even greater. Considering the costs, I think searching for the appropriate parking space pays off.

I was thinking about buying a sports car. I want a red one, but I've heard that red cars get more tickets. Is that true?

Drivers around the world have endorsed the “red cars get more tickets” theory for years. The common item missing from each version is a substantiated fact. Some of the reasons for the supposed disproportionate numbers of tickets issued to red cars seem plausible. Some are outright ridiculous.

Of the more believable explanations, one offers the idea that red cars are more noticeable due to their bright color, and catch the attention of police officers more frequently. This sounds well-founded, and I suspect most people would accept this rationale.  However, according to color experts, the most perceptible colors reside toward the middle of the color spectrum, such as yellow and bright green. Red sits on the low end of the color spectrum, making it one of the first colors to disappear from our vision in non-ideal lighting situations.

My favorite quasi-scientific myth proposes that red actually looks faster than other colors when it moves. Relying on convoluted, out-of-context “scientific” principles, proponents of this theory believe that just as an approaching siren changes its audible pitch, a red car changes its color intensity, making it appear to travel faster than its actual speed. This theory has at least two flaws. Our ears hear an audible difference in approaching and departing sounds because sound travels relatively slow. Light travels so fast that the speed of even the fastest car wouldn't affect how we perceive the color of the car. And this maybe the most obvious problem – What about the other colors? Even if we could perceive a variation in color because of the movement of a vehicle, that alteration would affect every color, making the theory irrelevant.

 

The most comedic reason I've heard that red cars get more tickets comes from the belief that police officers have converted the pool hall game of snookers into a traffic enforcement contest. Since the game of snookers has more red balls than any other color, officers must cite a disproportionate number of red cars in order to get a high score.

A more practical approach to explaining why red cars might get more tickets involves looking at what kinds of cars get painted red. How many red sedans and mini-vans can you spot driving down the highway? Now how about red sports cars? I suspect that if lots of light-weight, high horse-power cars are red, we might see a higher percentage of red cars getting tickets.

But even that theory is suspect. Maybe red cars don't actually receive more tickets. According to one study, red cars account for 14 percent of all cars on the road, and receive 16 percent of issued tickets. While that study does show a slight disadvantage toward red cars, the numbers of cars sampled was small enough to make a two percent difference insignificant.

Probably the best way to determine if law enforcement officers prefer to issue tickets to red cars would be to ask them. As opposed to the variety of reasons why red cars might get more tickets, officers responded unanimously, essentially stating, “We issue citations for violations, not colors.” Rather than spend time and energy trying to decide which car color will most frequently go unnoticed by traffic cops, drivers might have more success avoiding tickets if they chose to obey traffic laws.

Is it alright to pass someone on the right if they’re stopped in the road waiting to make a left turn?

Yes and no. I’ll explain. Drivers are permitted to pass a car on the right if that car is making or about to make a left turn. However, the driver must remain on the roadway while passing. You may be thinking, “No problem, I wouldn’t want to drive off the road anyway.” But did you know that the shoulder of the road is not considered part of the roadway? The roadway includes the area between the fog lines. Drive over the white stripes and you’ve violated the law.

Now you might be thinking, “But people do it all the time!” That’s true, but as our mothers always said, “If your friends all jumped off a bridge, would you do it, too?” I think most people don’t know it’s illegal and they aren’t aware of the risks involved. Drivers don’t expect to see other cars traveling on the shoulder, so putting yourself there creates a hazard. You might surprise an oncoming car that is turning to its left. The car you’re passing obstructs your view of traffic as well as the view of approaching vehicles. Or the car in front of you might decide not to turn after all, squeezing two cars into a space designed for one. Parked cars, pedestrians and cyclists can also become victims of an illegal pass on the right.

The law gives permission to pass on the right when following a vehicle making a left turn, but does not authorize turning the shoulder into a passing lane. Of course, if a road has two or more lanes traveling in the same direction, you can move to the right lane and pass that turning car. Otherwise, staying in your lane makes it easier for other drivers to anticipate your movement and makes driving safer.

Could you clarify what "when children are present" means in relation to the school zone signs? Are there specific hours and days when the 20 mph is in effect, or is a judgment call on behalf of the driver or officer?

Don’t you wish all school zones had the flashing lights so you knew exactly when the 20 MPH speed limit was in effect? Until that happens, here’s how to determine when and where you need to drive at the school zone speed limit.

First let’s look at the area that school zones include. School zones consist of the crosswalks in front of schools as well as the roadway within 300 feet of the crosswalk. When children are on the crosswalk, waiting at the curb of the road to cross the crosswalk, or walking along the side of the road in that area, they are “present”. Kids without immediate access to the roadway, such as students inside a fenced playground area or visible through classroom windows do not trigger the school zone speed limit.

Second, the school zone speed limit is only required when children are in the school zone for reasons consistent with active school use. Of course this includes mornings and afternoons as kids arrive and leave school. A child riding a bike past the school on a Saturday afternoon would not activate a 20 MPH speed limit, but the arrival of students for an evening band concert would. 

As a driver, you have the responsibility to identify the presence of children and drive appropriately. Since small, quick moving children can be hard to spot, I recommend extra caution school zones. If you drive near a school during a time when children may be arriving or leaving, or you see cars or activity on the campus, play it safe and consider the school zone speed limit in effect. 

Can I ride my bicycle on the freeway? How about on sidewalks?

With summer finally deciding to show up, more people have dragged their bikes out of the garage. That also means more questions about where we can ride – from sidewalks to freeways.

Cyclists can ride almost anywhere a vehicle can drive, and where a pedestrian can walk. That also means that cyclists have to obey all traffic laws when riding on roads and all pedestrian laws when riding in areas designated for non-motorized vehicles. 

On the freeway, you can ride a bicycle on the right shoulder, if you dare. Cycling close to vehicles traveling at 70+ MPH is not for the timid. It can be done safely, but the first time you experience the backwash of a passing semi you may wonder if you made the right choice. Also, the Department of Transportation prohibits cycling on the freeway in urban areas. In Whatcom County that includes the stretch of I-5 running through Bellingham from exit 257 to exit 252.

In town, cyclists can ride in the road and follow traffic laws, or ride on the sidewalk, giving right-of-way to pedestrians. While not specifically prohibited by law, I encourage cyclists to choose one or the other rather than make frequent changes from roads to sidewalks and crosswalks, particularly around intersections. Drivers expect other vehicles on the road, including bicycles, to follow the same rules they do. Any surprises usually turn out badly for the cyclist, no matter who is at fault. In addition, cyclists can not ride on sidewalks within a business district.

Remember that while you may have the right-of-way in a given situation, defending it against an oblivious motorist isn’t worth the fight. The smallest vehicle usually loses on the street, even if it wins in court. And for drivers, be aware that very little protects a cyclist from your inattention. Cyclists depend on your observational skills for their safety.

On page 55 of the Washington Driver Guide, point 3 states, "Whenever driving and lights are necessary, use you headlights. Parking lights are for parked vehicles.” Why don't the traffic officers enforce this long standing rule of the road?

As far as I can tell, the Revised Code of Washington (RCW) does not prohibit the use of parking lights without headlights, despite what the Washington Driver Guide might imply. By law, vehicle headlights must be on from a half hour after sunset until a half hour before sunrise and at times when conditions make it difficult to see other people or vehicles. During any other situation drivers may choose to drive with their parking lights on, with or without headlights.  Although you might want people to have their headlights on whenever their parking lights are on, the section of Washington state law titled “Rules of the Road” does not require it. Law enforcement officers enforce the RCW's as opposed to the rules in the driver guide.

Theoretically, the driver guide is based on Washington law, but if you ever find something in the guide that seems in conflict with state law, our state law will always prevail. The people who wrote the driver guide had the daunting challenge of taking over 450 pages of legal jargon and condensing it into an easy-to-understand booklet for someone who hasn’t even finished high school. If you ever find information in the guide that seems contradictory or incomplete, you should compare it to state law.

While investigating this question, I did find an interesting law regarding parking lights. Did you know that if you park your car on the shoulder of an unlit road outside of city limits at night, you are required to leave your parking lights on? Imagine how many dead batteries we’d have if we insisted that traffic officers start enforcing that one.

I heard that if you drive the wrong way on a one-way street, not only will you get a ticket, but your driver’s license will be taken away immediately. To get your license back you have to attend a class. It that true?

 Although I’m sure some police officers wish they could immediately take a driver’s license away from certain drivers, this is an urban legend. Driving the wrong way on a one-way street is a traffic infraction and will earn you a ticket. But just like any other traffic infraction, you still have the opportunity to request a hearing and the only consequence imposed by the court is a fine. If you drive the wrong way on a one-way street too many times, you could loose your license. The Department of Licensing will suspend a driver’s license for six tickets in one year.

I can think of a scenario where a person might lose their driver’s license while driving the wrong way on a one-way street, but it takes more than just accidentally making a wrong turn. If someone willfully disregards the safety of other people and property while driving, that individual can be arrested for reckless driving. Reckless driving is a crime and a conviction results in possible jail time, a fine up to $5000, and a suspended driver’s license.

You mentioned having to take a class to get your license back. Whatcom County doesn’t offer it, but some jurisdictions allow people convicted of traffic violations to attend traffic school rather than pay a fine. If you complete the class, the infraction will not go on your driving record. Usually this is only available for a first-time violator and it won’t get you out of a reckless driving citation.

Is it illegal to pass on the right on the freeway if somebody is driving slow in the fast lane?

You can pass someone on the right lane of the freeway without worrying about getting a ticket. Washington law specifically states that one vehicle can pass another on the right when the roadway has two or more lanes traveling in the same direction. There may be confusion because of freeway signs that read, “Keep Right Except to Pass.” Those signs address another law that requires drivers to travel in the farthest right lane available for traffic except when passing another vehicle.

In a perfect world, drivers traveling slower than the speed limit would move to the right, and cars traveling at the speed limit would use the left lanes to pass. In an imperfect world, we have drivers going 58 MPH in the left lane of a 70 MPH zone while talking on a cell phone, eating barbecued ribs or applying makeup, oblivious to the world around them. You don’t have to be a victim of these drivers. Instead, safely pass on the right and leave the frustration behind.

Please understand that safely passing on the right does not include exceeding the speed limit or driving on the shoulder of the road. Both of those behaviors are clearly prohibited by Washington State law.

I was told that if you help pull someone out of a ditch or tow a broken down vehicle with a tow rope (like we all have done) you can get cited for acting as a tow truck operator without a “wrecker license”. Is this true?

Washington has a law that prevents people from engaging in the activities of a tow truck operator without a license. (RCW 46.55.020). However, that doesn’t prevent anyone from helping a stranded or stuck motorist. The law is intended to prevent someone from operating a tow company without proper registration. If you’re not charging people to help them, this law isn’t referring to you. We want to prevent shady business practices, not stop people from helping each other.  It’s great that there’s people like you in the community who help out when they see a need. Keep up the good work.

My daughter says she is right in slamming on her brakes when someone is tailgating her. She says that if they hit her it would be their fault because they were following too close. I disagree. Please advise.

I know your daughter will find it hard to believe, but her mother is right. If she slams on her brakes and the person behind her hits her, she’ll be the one getting the ticket. Driving in a manner that is likely to endanger people or property is called negligent driving, and it’s hard to argue that slamming on the brakes when someone is close to your bumper won’t cause a crash. The ticket for negligent driving comes with a $538 fine. Add in paying the deductible and the increased insurance rates for the next three years, and your daughter has one expensive lesson. Fortunately, now that she knows, she can save herself a pile of money and possibly some medical bills by avoiding the slamming-on-the-brakes method of warning tailgaters. I know it’s tempting to try to enforce traffic laws on other drivers, but motorists should make their primary responsibility obeying traffic laws themselves.

Does Washington have a law against cell phones in the car?

During this last legislative session, our state passed two bills that affect drivers using cell phones. The Governor signed both bills. Here’s how the two laws break down:

Texting, reading or manually writing while driving: As you can probably guess from the title, this law prohibits texting, reading or manually writing while driving. You might be asking yourself, “Did we really need a law that tells us not to read while we drive?” Actually, yes we do. You can find people out there with books propped up on the dashboard. However, what really prompted this bill comes from the cell phone end of things, and is even more of a problem than reading while driving. I can barely send a text message while standing still - I don’t even want to try it while driving, but plenty of people do. Studies show that entering information on a phone while driving makes a driver three times more likely to get into a crash. Violating this law is an infraction and the ticket will be $124. I do have one question for the legislators: They used the term “manually writing”. Is there another way to write besides manually? Do some people have the ability to write psychically or something? This law took effect January 1, 2008.

Holding a wireless communications device to ear: I didn’t make it up - that’s how the bill got titled. The legislators really just want people to use hands-free cell phones. This law makes it an infraction to use a hand-held cell phone while driving. Since the law takes effect next January, I predict that everyone will be getting cell phone headsets for Christmas this year. Violation of this law is a secondary offense. That means that you can not get pulled over for talking on your phone, but if you get pulled over for a different traffic violation and the officer sees you talking on a hand-held phone you can receive a bonus $124 infraction. This law took effect July 1, 2008.

How do I get rid of an abandoned vehicle?

That depends on where you find the vehicle. If it’s on a public right-of-way, the local law enforcement agency has the responsibility to remove the vehicle. In that case, you just need to notify the Sheriff’s Office or local police department and tell them the location of the vehicle. (see What should I do if my car breaks down on the roadway? How long can I leave it there?) If the vehicle is on private property, it becomes your responsibility. Essentially, just like local government agencies take responsibility for public spaces, private land owners must take responsibility for their own property, even if the land owner had nothing to do with how the abandoned vehicle ended up there. If the abandoned vehicle has no value beyond scrap, you can treat it as a junk vehicle. (see the junk vehicle page) If the abandoned vehicle doesn’t meet the requirements for junk and you wan to remove it, you will have to pay to have it towed away and impounded. You can then seek reimbursement from the owner of the vehicle. I agree that paying for someone else’s tow bill is no fun. I think all the local law enforcement agencies would concur; nobody wants their resources spent hauling a car that the owner should have taken care of.

What’s the deal with the new booster seat law? I just gave away my seven-year-old’s booster seat and now I hear she still needs it until she’s eight.

You're right, and unfortunately you and anyone else that has a six or seven year old child got caught in the middle of a legislative update. Current law requires children to be in a booster seat until age six or a weight of 60 pounds. However, a new law takes effect on June 1 which requires children under the age of eight or 4'9” tall to buckle into a booster seat. That puts some of the families in Washington in a bit of a predicament. Not only do you have to get a booster seat again; you also have to convince your child to sit in it. For kids who feel like wearing a seat belt means being more grown up, getting back into a booster seat might be a challenge. I can tell you about the new law, but you're on your own when it comes to negotiating with your kids. Good luck.

My child is about to start driving. Any suggestions?

Become Amish. Horse and buggy collisions have far fewer serious injuries. If your religious beliefs or practical concerns prevent that option, don't lose hope. No one can guarantee you child's safety on the road, but you can do a few things to greatly improve it.

Start with driver training. Enrolling in a class provides a good beginning, but do more. Give your child lots of opportunities to drive with you in the car. His or her abilities will grow with more driving time, and you'll be able to observe strengths and weaknesses in your child's driving skills. You may not feel that your new driver wants your instruction, but remember that you are the one with years of experience, and you have a responsibility to pass that experience along and equip your child to make wise driving decisions.

Once you turn over the keys and let your son or daughter drive without you in the car, set parameters. You can't assume that your child knows your expectations unless you clearly communicate them. Kids need some rules when they begin driving, and you're better off laying out what you expect beforehand rather than trying to take back freedoms that you've given too soon. A parent – teen driving contract can give you and your young driver a way to agree on driving expectations. You can find several different contracts on-line. Start by looking at the one on the Whatcom County Traffic Safety Task force website: www.trafficsafetyinfo.com. Whatever you decide, make sure your child knows what you expect, and then enforce your standards. When your child accuses you of being to strict, or even worse, being uncool, remind yourself that you're doing this because you love your kids.

Maybe the most important thing you can do for your child is to model good driving. Every time you get into the car, you set the standard for your family. Don't expect your son or daughter to have higher driving standards than the ones you set by example. If you regularly wear a seat belt, pay attention to traffic and drive within the speed limit you can reasonably expect your child to do the same. If you don't, you're going to lack the credibility you need when you inevitably challenge one of your son or daughter's poor driving decisions. As a parent, the better you prepare, the less you need to fear your kid turning sixteen and asking for the car keys.

What should I do if my car breaks down on the roadway? How long can I leave it there?

Ideally, you'll want to get your car all the way off of the roadway so that it doesn't become a traffic hazard. If you can't get your car completely out of the road, you'll need to tow it immediately to prevent an accident. If you're able to get it to the shoulder, you can leave the car to go get help. County deputies regularly patrol the roads, and mark cars as abandoned if they're left on the roadside. Once the vehicle gets marked, the owner has three days to remove the car, or the deputy will impound the vehicle at the owner's expense. Law enforcement agencies impound cars to remove accident-causing distractions, and because history has shown that vehicles left on the side of the road for an extended period of time become targets for vandalism.

Can Border Patrol pull me over if I'm speeding?

Although their objective focuses on border security, The US Border Patrol has the legal authority to stop a vehicle for a traffic violation. You won't often see a Border Patrol agent involved in traffic enforcement, but if he sees driving behavior that puts the public at risk, the agent can stop the vehicle.
From a practical perspective, once the agent makes the stop and contacts the driver, he will probably request the response of the local law enforcement agency to actually issue a ticket. Washington state law allows for a police officer to write a ticket based on what another commissioned law enforcement officer has witnessed, and having the local agency issue the infraction keeps things simpler for the courts as well as the person receiving the ticket.

The date on my speeding ticket states 12-24-07 and the ticket was actually issued on 12-24-06. Can my ticket be dismissed? Is it invalid?

No. A minor mistake like an incorrect date won't invalidate a ticket. It's no more serious than accidentally writing the wrong date on a check at the beginning of a new year. If a report on a ticket has substantial errors in its facts, you have a case, but typographical errors won't get you out of a ticket.

I got a ticket for doing 38MPH in a 20MPH school zone. The police that gave me the ticket were out of their geographical jurisdiction. Can I get this ticket thrown out?

No. In Washington, a police officer's commission covers the entire state. Practically speaking, officers and deputies work within their local jurisdictions, but are not prohibited from going beyond their boundaries. It's not like Dukes of Hazard where Bo and Luke race out of Hazard County and leave Officer Roscoe P. Coltrane cussing at the county line.

By the way, why would you do 38 MPH in a school zone?

Why are the cops always out writing tickets? Don’t they have any real crimes to investigate?

I get where you're coming from. If you read the papers or watch the news, you can easily get the impression that our greatest criminal threats come from burglars, robbers, rapists and killers. Those are real threats, and every day police officers and deputies spend their shifts intervening and investigating those crimes. However, if we look at death, injuries, and financial impact, traffic crimes top the list. Actually, traffic related violations cost more lives and money than all other crimes in Washington, combined.

Getting a ticket stinks. You won't have any argument from me on that. But the emphasis that law enforcement agencies put on traffic violations stems from their knowledge that most of the crime victims in their community come from traffic accidents.

Can I hire a lawyer for a traffic infraction?

You could, but is it worth it? You will have to decide based on your situation, but studies put the average cost of a traffic ticket at about $150.00. Add to that an increase of roughly $300.00 over the next three years for insurance. If your lawyer charges $100 an hour, it won't take long to have as much in legal fees as you do in fines and insurance costs, and hiring a lawyer won't guarantee that you'll win in court. You'll have to evaluate your own unique situation – sometimes a lawyer isn't just helpful, it's necessary. Sometimes you'll do fine on your own. Just weigh the costs and benefits before deciding.

Should I contest my traffic infraction?

Did you commit it? If you admit that you committed the infraction, then contesting only makes sense if you intend to lie in court. For the record, I don't condone that option. Regardless of morals, dishonesty in court probably won't end up profiting you either.
Sometimes, even though you readily admit that you did what the officer issued you a ticket for, you may have some unique circumstances you'd like to explain to the judge. In that case, rather than contesting the infraction you could request mitigation. In a mitigation hearing you have the opportunity to tell the judge why your situation deserves unique consideration. Be aware that a judge in traffic court has heard every imaginable excuse, so come prepared with a legitimate explanation, not a fabricated story. I can't assure you that your mitigation hearing will benefit you, but if you truly want to explain things to the judge, this gives you the opportunity to do it.

Even though I'm a strong advocate of law enforcement, I'm willing to admit the possibility that an officer made a mistake in issuing you a traffic infraction. In that situation, yes, you should contest your infraction. Before you check the box asking to contest the infraction, ask yourself, “If someone else got this ticket, would I think they deserved it?” Take a look at the state law written on your ticket. Does that describe what you did? Sometimes it's our unwillingness to admit that we got caught doing something wrong that causes us to fight the system. If you're still convinced that you don't deserve the ticket, go to court. Law enforcement officers receive continual training to prevent errors, but no amount of training can make someone perfect. If an officer made a mistake, our legal system gives you the ability to make it right, and I'd encourage you to take advantage of that option.

If the legal limit for a DUI is .08, why did I still get arrested for DUI when I blew a .06?

Remember that time you went to the company Christmas party and your manager got drunk and started hitting on your spouse? And when teased the next day swore it was only two drinks? Alcohol affects people in different ways. Some people experience only mild affects after two or three drinks; some people are obviously impaired after one. The .08 law exists because everyone is impaired with that much alcohol in their blood. You may have a lower concentration of alcohol in your blood and still be impaired. Last New Year I brought a portable breath tester to a social event and conducted some breath tests. Nobody at the party reached a .08, and several people said they felt too impaired to drive by the time they reached .04. It doesn't take a lot of alcohol to get impaired.

DUIs represent some of the most defended criminal cases in Washington courts. That makes sense, since arrestees have so much to lose if they get convicted. DUIs cost a lot – fines, court imposed fees, insurance rates. But probably the biggest reason people fight their DUI charges comes from the fear of losing their driver's license. Think about trying to all the things that are part of your life without a car. Our culture makes it difficult to participate without a car.