RCW 46.61.526
Negligent driving—Second degree—Vulnerable user victim—Penalties—Definitions.
(1) A person commits negligent driving in the second degree with a vulnerable user victim if, under circumstances not constituting negligent driving in the first degree, he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of a public way.
(2) The law enforcement officer or prosecuting authority issuing the notice of infraction for an offense under this section shall state on the notice of infraction that the offense was a proximate cause of death, great bodily harm, or substantial bodily harm, as defined in RCW 9A.04.110, of a vulnerable user of a public way.
(3) Persons under the age of sixteen who commit an infraction under this section are subject to the provisions of RCW 13.40.250.
(4) A person found to have committed negligent driving in the second degree with a vulnerable user victim shall be required to:
(a) Pay a monetary penalty of five thousand dollars, which may not be reduced to an amount less than one thousand dollars; and
(b) Have his or her driving privileges suspended for ninety days.
(5) In lieu of the penalties imposed under subsection (4) of this section, a person found to have committed negligent driving in the second degree with a vulnerable user victim who requests and personally appears for a hearing pursuant to RCW 46.63.070 (1) or (2) may elect to:
(a) Pay a penalty of two hundred fifty dollars;
(b) Attend traffic school for a number of days to be determined by the court pursuant to chapter 46.83 RCW;
(c) Perform community service for a number of hours to be determined by the court, which may not exceed one hundred hours, and which must include activities related to driver improvement and providing public education on traffic safety; and
(d) Submit certification to the court establishing that the requirements of this subsection have been met within one year of the hearing.
(6) If a person found to have committed a violation of this section elects the penalties imposed under subsection (5) of this section, the court may impose the penalties under subsection (5) of this section and the court may assess costs as the court deems appropriate for administrative processing.
(7) Except as provided in (b) of this subsection, if a person found to have committed a violation of this section elects the penalties under subsection (5) of this section but does not complete all requirements of subsection (5) of this section within one year of the hearing:
(a)(i) The court shall impose a monetary penalty in the amount of five thousand dollars, which may not be reduced to an amount less than one thousand dollars; and
(ii) The person's driving privileges shall be suspended for ninety days.
(b) For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (5) of this section before any of the penalties provided in this subsection are imposed.
(8) An offense under this section is a traffic infraction. To the extent not inconsistent with this section, the provisions of chapter 46.63 RCW shall apply to infractions under this section. Procedures for the conduct of all hearings provided for in this section may be established by rule of the supreme court.
(9) If a person is penalized under subsection (4) of this section, then the court shall notify the department, and the department shall suspend the person's driving privileges. If a person fails to meet the requirements of subsection (5) of this section, the court shall notify the department that the person has failed to meet the requirements of subsection (5) of this section and the department shall suspend the person's driving privileges. Notice provided by the court under this subsection must be in a form specified by the department.
(10) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
(11) For the purposes of this section:
(a) "Great bodily harm" and "substantial bodily harm" have the same meaning as provided in RCW 9A.04.110.
(b) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
(c) "Vulnerable user of a public way" means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating or riding any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle;
(G) A motorized foot scooter; or
(H) A motorcycle.
[ 2020 c 146 § 1; 2011 c 372 § 1.]
NOTES:
Application—2011 c 372: "This act applies to infractions committed on or after July 1, 2012." [ 2011 c 372 § 4.]
Effective date—2011 c 372: "This act takes effect July 1, 2012." [ 2011 c 372 § 5.]
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.