RCW 46.61.165
High occupancy vehicle lanes—Monetary penalties for traffic infractions—Definition.
(1) The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of one or more of the following: (a) Public transportation vehicles; (b) motorcycles; (c) private motor vehicles carrying no fewer than a specified number of passengers; or (d) the following private transportation provider vehicles if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle, and if such use does not interfere with the efficiency, reliability, and safety of public transportation operations: (i) Auto transportation company vehicles regulated under chapter 81.68 RCW; (ii) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (iii) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (iv) private employer transportation service vehicles, when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources.
(2) Any transit-only lanes that allow other vehicles to access abutting businesses that are authorized pursuant to subsection (1) of this section may not be authorized for the use of private transportation provider vehicles as described under subsection (1) of this section.
(3) The state department of transportation and the local authorities authorized to reserve all or any portion of any highway under their respective jurisdictions, for exclusive or preferential use, may prohibit the use of a high occupancy vehicle lane by the following private transportation provider vehicles: (a) Auto transportation company vehicles regulated under chapter 81.68 RCW; (b) passenger charter carrier vehicles regulated under chapter 81.70 RCW, and marked or unmarked limousines and stretch sport utility vehicles as defined under department of licensing rules; (c) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (d) private employer transportation service vehicles, when the average transit speed in the high occupancy vehicle lane fails to meet department of transportation standards and falls below forty-five miles per hour at least ninety percent of the time during the peak hours, as determined by the department of transportation or the local authority, whichever operates the facility.
(4) Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction. A person who commits a traffic infraction under this section is also subject to additional monetary penalties as defined in this subsection. The additional monetary penalties are separate from the base penalty, fees, and assessments issued for the traffic infraction and are intended to raise awareness, and improve the efficiency, of the high occupancy vehicle lane system.
(a) Whenever a person commits a traffic infraction under this section, an additional monetary penalty of fifty dollars must be collected, and, in the case that a person has already committed a violation under this section within two years of committing this violation, then an additional one hundred fifty dollars must be collected.
(b) Any time a person commits a traffic infraction under this section and is using a dummy, doll, or other human facsimile to make it appear that an additional person is in the vehicle, the person must be assessed a two hundred dollar penalty, which is in addition to the penalties in (a) of this subsection.
(c) The monetary penalties under (a) and (b) of this subsection are additional, separate, and distinct penalties from the base penalty and are not subject to fees or assessments specified in RCW 46.63.110, 3.62.090, and 2.68.040.
(d)(i) The additional penalties collected under (a) of this subsection must be distributed as follows:
(A) Twenty-five percent must be deposited into the congestion relief and traffic safety account created under RCW 46.68.398; and
(B) Seventy-five percent must be deposited into the motor vehicle fund created under RCW 46.68.070.
(ii) The additional penalty collected under (b) of this subsection must be deposited into the congestion relief and traffic safety account created under RCW 46.68.398.
(e) Violations committed under this section are excluded from eligibility as a moving violation for driver's license suspension under RCW 46.20.289 when a person subsequently fails to respond to a notice of traffic infraction for this moving violation, fails to appear at a requested hearing for this moving violation, violates a written promise to appear in court for a notice of infraction for this moving violation, or fails to comply with the terms of a notice of traffic infraction for this moving violation.
(5) Local authorities are encouraged to establish a process for private transportation providers, as described under subsections (1) and (3) of this section, to apply for the use of public transportation facilities reserved for the exclusive or preferential use of public transportation vehicles. The application and review processes should be uniform and should provide for an expeditious response by the local authority. Whenever practicable, local authorities should enter into agreements with such private transportation providers to allow for the reasonable use of these facilities.
(6) For the purposes of this section, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is similarly marked or identified to display the business name or logo on the driver and passenger sides of the vehicle, meets the annual certification requirements of the department of transportation, and is offered by an employer for the benefit of its employees.
[ 2019 c 467 § 3; 2013 c 26 § 2; 2011 c 379 § 1; 1999 c 206 § 1; 1998 c 245 § 90; 1991 sp.s. c 15 § 67; 1984 c 7 § 65; 1974 ex.s. c 133 § 2.]
NOTES:
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
Conflict with state and federal environmental mitigation requirements—2011 c 379: "If any part of this act is found to be in conflict with mitigation requirements under the state environmental policy act (chapter 43.21C RCW) or the national environmental policy act (42 U.S.C. Secs. 4321 through 4347) or in any other way conflicts with federal requirements that are a condition or part of the allocation of federal funds to the state or local facilities, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or local authorities." [ 2011 c 379 § 5.]
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.
Limited access facilities: RCW 47.52.025.
Structure Revised Code of Washington
Chapter 46.61 - Rules of the Road.
46.61.005 - Chapter refers to vehicles upon highways—Exceptions.
46.61.015 - Obedience to police officers, flaggers, or firefighters—Penalty.
46.61.020 - Refusal to give information to or cooperate with officer—Penalty.
46.61.021 - Duty to obey law enforcement officer—Authority of officer.
46.61.022 - Failure to obey officer—Penalty.
46.61.024 - Attempting to elude police vehicle—Defense—License revocation.
46.61.025 - Persons riding animals or driving animal-drawn vehicles.
46.61.030 - Persons working on highway right-of-way—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—Pedestrians, personal delivery devices.
46.61.070 - Lane-direction-control signals.
46.61.072 - Special traffic control signals—Legend.
46.61.075 - Display of unauthorized signs, signals, or markings.
46.61.080 - Interference with official traffic-control devices or railroad signs or signals.
46.61.100 - Keep right except when passing, etc.
46.61.105 - Passing vehicles proceeding in opposite directions.
46.61.110 - Overtaking on the left—Fine.
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.
46.61.126 - Pedestrians and bicyclists—Legal duties.
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—Vulnerable users of a public way—Fine.
46.61.150 - Driving on divided highways.
46.61.155 - Restricted access.
46.61.160 - Restrictions on limited access highway—Use by bicyclists.
46.61.165 - High occupancy vehicle lanes—Monetary penalties for traffic infractions—Definition.
46.61.180 - Vehicle approaching intersection—Vulnerable users of a public way—Fine.
46.61.183 - Nonfunctioning signal lights.
46.61.185 - Vehicle turning left—Vulnerable users of a public way—Fine.
46.61.190 - Vehicle entering stop or yield intersection—Vulnerable users of a public way—Fine.
46.61.195 - Arterial highways designated—Stopping on entering.
46.61.200 - Stop intersections other than arterial may be designated.
46.61.202 - Stopping when traffic obstructed.
46.61.210 - Operation of vehicles on approach of emergency vehicles.
46.61.212 - Emergency or work zones—Approaching—Penalty—Violation.
46.61.215 - Highway construction and maintenance.
46.61.230 - Pedestrians subject to traffic regulations.
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.
46.61.261 - Sidewalks, crosswalks—Pedestrians, bicycles, personal delivery devices.
46.61.264 - Pedestrians and personal delivery devices yield to emergency vehicles.
46.61.266 - Pedestrians under the influence of alcohol or drugs.
46.61.269 - Passing beyond bridge or grade crossing barrier prohibited.
46.61.275 - Reporting of certain speed zone violations—Subsequent law enforcement investigation.
46.61.290 - Required position and method of turning at intersections.
46.61.300 - Starting parked vehicle.
46.61.305 - When signals required—Improper use prohibited.
46.61.310 - Signals by hand and arm or signal lamps.
46.61.315 - Method of giving hand and arm signals.
46.61.340 - Approaching railroad grade crossings.
46.61.345 - All vehicles must stop at certain railroad grade crossings.
46.61.350 - Approaching railroad grade crossings—Specific vehicles—Exceptions—Definition.
46.61.355 - Moving heavy equipment at railroad grade crossings—Notice of intended crossing.
46.61.365 - Emerging from alley, driveway, or building.
46.61.371 - School bus stop sign violators—Identification by vehicle owner.
46.61.372 - School bus stop sign violators—Report by bus driver—Law enforcement investigation.
46.61.375 - Overtaking or meeting private carrier bus—Duties of bus driver.
46.61.380 - Rules for design, marking, and mode of operating school buses.
46.61.385 - School patrol—Appointment—Authority—Finance—Insurance.
46.61.400 - Basic rule and maximum limits.
46.61.405 - Decreases by secretary of transportation.
46.61.415 - When local authorities may establish or alter maximum limits.
46.61.419 - Private roads—Speed enforcement.
46.61.425 - Minimum speed regulation—Passing slow moving vehicle.
46.61.427 - Slow-moving vehicle to pull off roadway.
46.61.428 - Slow-moving vehicle driving on shoulders, when.
46.61.445 - Due care required.
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.
46.61.500 - Reckless driving—Penalty.
46.61.502 - Driving under the influence.
46.61.503 - Driver under twenty-one consuming alcohol or cannabis—Penalties.
46.61.504 - Physical control of vehicle while under the influence.
46.61.5054 - Alcohol violators—Additional fee—Distribution.
46.61.5055 - Alcohol and drug violators—Penalty schedule.
46.61.5056 - Alcohol and drug violators—Information school—Evaluation and treatment.
46.61.5058 - Alcohol violators—Vehicle seizure and forfeiture.
46.61.508 - Liability of medical personnel withdrawing blood.
46.61.513 - Criminal history and driving record.
46.61.5151 - Sentences—Intermittent fulfillment—Restrictions.
46.61.5152 - Attendance at program focusing on victims.
46.61.516 - Qualified probation department defined.
46.61.517 - Refusal of tests—Admissibility as evidence.
46.61.519 - Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions.
46.61.5191 - Local ordinances not prohibited.
46.61.5195 - Disguising alcoholic beverage container.
46.61.520 - Vehicular homicide—Penalty.
46.61.522 - Vehicular assault—Penalty.
46.61.5249 - Negligent driving—First degree.
46.61.525 - Negligent driving—Second degree.
46.61.526 - Negligent driving—Second degree—Vulnerable user victim—Penalties—Definitions.
46.61.527 - Roadway construction zones.
46.61.530 - Racing of vehicles on highways—Reckless driving—Exception.
46.61.535 - Advertising of unlawful speed—Reckless driving.
46.61.540 - "Drugs," what included.
46.61.560 - Stopping, standing, or parking outside business or residence districts.
46.61.575 - Additional parking regulations—Motorcycle parking.
46.61.577 - Regulations governing parking facilities.
46.61.581 - Parking spaces for persons with disabilities—Indication, access—Failure, penalty.
46.61.582 - Free parking for persons with disabilities—Exceptions.
46.61.583 - Special plate or card issued by another jurisdiction.
46.61.585 - Winter recreational parking areas—Special permit required.
46.61.587 - Winter recreational parking areas—Penalty.
46.61.590 - Unattended motor vehicle—Removal from highway.
46.61.600 - Unattended motor vehicle.
46.61.605 - Limitations on backing.
46.61.606 - Driving on sidewalk prohibited—Exception.
46.61.608 - Operating motorcycles on roadways laned for traffic.
46.61.610 - Riding on motorcycles.
46.61.611 - Motorcycles—Maximum height for handlebars.
46.61.612 - Riding on motorcycles—Position of feet.
46.61.613 - Motorcycles—Temporary suspension of restrictions for parades or public demonstrations.
46.61.614 - Riding on motorcycles—Clinging to other vehicles.
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 or towed vehicles.
46.61.630 - Coasting prohibited.
46.61.635 - Following fire apparatus prohibited.
46.61.640 - Crossing fire hose.
46.61.645 - Throwing materials on highway prohibited—Removal.
46.61.655 - Dropping load, other materials—Covering.
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.
46.61.672 - Using a personal electronic device while driving.
46.61.673 - Dangerously distracted driving.
46.61.675 - Causing or permitting vehicle to be unlawfully operated.
46.61.680 - Lowering passenger vehicle below legal clearance—Penalty.
46.61.685 - Leaving children unattended in standing vehicle with motor running—Penalty.
46.61.6871 - Child passenger safety technician—Immunity.
46.61.688 - Safety belts, use required—Penalties—Exemptions.
46.61.6885 - Child restraints, seat belts—Educational campaign.
46.61.690 - Violations relating to toll facilities—Exception.
46.61.700 - Parent or guardian shall not authorize or permit violation by a child or ward.
46.61.705 - Off-road motorcycles.
46.61.708 - Motorcycles previously converted as snow bikes.
46.61.720 - Mopeds—Safety standards.
46.61.723 - Medium-speed electric vehicles.
46.61.725 - Neighborhood electric vehicles.
46.61.730 - Wheelchair conveyances.
46.61.733 - Personal delivery device.
46.61.735 - Ferry queues—Violations—Exemptions.
46.61.740 - Theft of motor vehicle fuel.
46.61.745 - Possessing or consuming cannabis in vehicle on highway—Penalty, exceptions—Definition.
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.