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AGO Opinions with Topic: MOTOR VEHICLES
AGO 1970 No. 12 >  June 9, 1970
DRIVER EDUCATION ACT - MOTOR VEHICLES - DISPOSITION OF PENALTY ASSESSMENT PROCEEDS
DRIVER EDUCATION ACT - MOTOR VEHICLES - DISPOSITION OF PENALTY ASSESSMENT PROCEEDS (1) Those traffic safety education penalty assessment proceeds which are collected by a justice court because of a violation of state law are to be remitted to the county treasurer for disposition in accordance with the formula prescribed by the state auditor under § 1, chapter 199, Laws of 1969, Ex. Sess. (RCW 3.62.015). (2) All other traffic safety education penalty assessment proceeds i.e., those collected because of a violation of a county or city ordinance, by either a justice court or by a municipal police court, are to be transmitted to the respective county or city treasurers, and by them to the state treasurer for direct placement in the traffic safety education account of the general fund in accordance with RCW 46.81.050, as reenacted by § 3, chapter 9, Laws of 1970.
AGO 2005 No. 18 >  November 22, 2005
COUNTIES - HIGHWAYS AND ROADS - MOTOR VEHICLES - LICENSING
Authority to operate off-road vehicles on public highways and roads 1.  A properly tagged off-road vehicle (ORV) is not permitted to be operated along a public highway. 2.  A county, city, or public subdivision of the state lacks authority to permit off-road vehicles (ORVs) to be operated within its boundaries, except on roads which meet the statutory definition of “nonhighway roads” in RCW 46.09.020(7).
AGO 1971 No. 20 >  July 6, 1971
MOTOR VEHICLES - TRAFFIC VIOLATIONS - RECIPROCITY - BRITISH COLUMBIA
PLACEMENT ON WASHINGTONRESIDENT'S TRAFFIC RECORD The department of motor vehicles may, upon receipt of a report of a British Columbia traffic violation from the proper authorities, place such report on a Washington resident's traffic record.
AGO 1980 No. 17 >  July 30, 1980
CITIES AND TOWNS - POLICE POWERS - MOTOR VEHICLES - INTOXICATING LIQUOR
PENALITY FOR DRIVING WHILE INTOXICATED IN VIOLATION OF MUNICIPAL ORDINANCE While a city or a town which adopts an ordinance defining and establishing as a municipal offense the crime driving while intoxicated must do so in terms identical to the statutory provisions of RCW 46.61.502, it is not also required to fix the same penalties for a violation as are fixed by the provisions of RCW 46.61.515.
AGO 1961 No. 28 >  May 8, 1961
MOTOR VEHICLES - LICENSES - AUTHORITY OF EMERGENCY TOW CAR TO LIFT AND HAUL TOWED VEHICLE ON PUBLIC HIGHWAYS
MOTOR VEHICLES ‑- LICENSES ‑- AUTHORITY OF EMERGENCY TOW CAR TO LIFT AND HAUL TOWED VEHICLE ON PUBLIC HIGHWAYS The payment of the $5.00 license fee provided for in RCW 46.16.080 does not permit an emergency tow car to lift and haul any portion of a towed vehicle over and along the public highways.
AGO 1971 No. 41 >  December 15, 1971
MOTOR VEHICLES - ABANDONED - POTENTIAL LIABILITY OF LAW ENFORCEMENT OFFICER FOR MISTAKE IN EVALUATION OF ABANDONED MOTOR VEHICLE
MOTOR VEHICLES ‑- ABANDONED ‑- POTENTIAL LIABILITY OF LAW ENFORCEMENT OFFICER FOR MISTAKE IN EVALUATION OF ABANDONED MOTOR VEHICLE Where a law enforcement officer, acting in good faith, determines that an abandoned motor vehicle meeting the other qualifications set forth in § 1 (1), chapter 111, Laws of 1971, 1st Ex. Sess., has a fair market value of $50 or less, and on the basis of this evaluation authorizes the disposal of the vehicle as an "abandoned junk motor vehicle," the officer will have a defense against liability to the owner of the vehicle in an action for a conversion thereof if it is later proven that the vehicle disposed of was actually worth more than this amount.
AGO 1981 No. 1 >  January 28, 1981
MOTOR VEHICLES - INTOXICATING LIQUOR - HOSPITALS - BLOOD TEST
LIABILITY FOR IMPOSITION OF BLOOD TEST (1) The immunity from civil liability which is granted by RCW 46.61.508 to hospitals and their personnel administering blood tests in accordance with RCW 46.20.308 (implied consent) is not dependent upon the ultimate lawfulness of the accused person's arrest or a later court determination that the arresting officer had reasonable grounds to believe that the accused had been driving or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor.(2) The question of possible civil liability by the arresting agency under such circumstances is not dependent upon RCW 46.61.508, and the possibility of liability on the basis of a hospital's negligence in administering the blood test would be dependent upon ordinary principles of tort law as between the plaintiff driver and the defendant county or other arresting agency.
AGO 1981 No. 2 >  February 25, 1981
HIGHWAYS - COUNTY ROADS - MOTOR VEHICLES - SNOWMOBILES
LOCAL REGULATION OF SNOWMOBILES ON PUBLIC HIGHWAYS OR ROADWAYS (1) Under RCW 46.10.110, a board of county commissioners (as the responsible governing body in the case of county roads) may open to snowmobiles a county road which is also open to conventional vehicles.(2) Neither the provisions of chapter 46.16 RCW nor those of chapter 46.37 RCW apply to snowmobiles, even when operated on a public highway or roadway which is also open to conventional vehicles.(3) A county may not establish equipment standards or impose age qualifications for the operation of snowmobiles which are inconsistent with RCW 46.10.090 or RCW 46.10.120, respectively.
AGO 1981 No. 4 >  March 30, 1981
COURTS - DISTRICT - MUNICIPAL - MOTOR VEHICLES - TRAFFIC INFRACTIONS
JURISDICTION OF MUNICIPAL OR POLICE COURTS OVER TRAFFIC INFRACTIONS RCW 43.63.040 [46.63.040] does not vest a municipal or police court with jurisdiction over a traffic infraction based on an alleged violation of state law‑-as distinguished from one involving a local, municipal ordinance; therefore, such a court does not have exclusive, or even concurrent, jurisdiction over a traffic infraction case which is so based, even in the absence of a contract with the county to have those traffic infractions committed within the city or town adjudicated by a district court.
AGO 1972 No. 3 >  January 17, 1972
MOTOR VEHICLES - HIGHWAYS - FEDERAL - FOREST SERVICE ROADS - APPLICABILITY OF STATE "RULES OF ROAD
MOTOR VEHICLES ‑- HIGHWAYS ‑- FEDERAL ‑- FOREST SERVICE ROADS ‑- APPLICABILITY OF STATE 'RULES OF ROAD The Washington public service commission has the authority to adopt and enforce rules and regulations relating to the safety of operations of motor freight carriers and auto transportation companies including the regulation of vehicle equipment and driver qualifications if such regulations are not in conflict with those of the state commission on equipment or the provisions of chapter 46.37 RCW.
AGO 1981 No. 13 >  September 23, 1981
INSURANCE - MOTOR VEHICLES - WORKERS' COMPENSATION
REDUCTION OF PAYMENTS UNDER 'UNDERINSURED MOTORIST' COVERAGE OFFERED PURSUANT TO CHAPTER 48.22 RCW (1) Except to the extent necessary to prevent a duplicative recovery, an insurer may not reduce the payments made to its insured under "underinsured motorist" coverage offered pursuant to chapter 48.22 RCW on the basis of payments made by the tortfeasor's liability insurer; an insurer who has made a payment under "underinsured motorist" coverage, however, has a statutory right of reimbursement from any judgment or settlement which its injured insured collects from the tortfeasor directly but it may not include a subrogation or "consent to settle" clause in its "underinsured motorist" coverage.(2) An insurer may reduce the payments made under such "underinsured motorist" coverage of a policy by the amount of any payments made under the liability coverage of the same policy, or it may reduce payments under the liability coverage by the amount of payments under the "underinsured motorist" coverage.(3) An insurer may not reduce payments made under the "underinsured motorist" coverage of a policy by the amount of benefits received under a workers' compensation law or similar disability benefits law; but, just as in the case of payments from the tortfeasor's liability insurer, the UIM carrier may take such amounts into account in the computation of the actual payment to be made under its UIM coverage.
AGO 1982 No. 4 >  January 28, 1982
COURTS - JUSTICE COURTS - MOTOR VEHICLES
VENUE IN CASE OF CRIMINAL OFFENSES UNDER MOTOR VEHICLE CODE The proper venue for those violations of the state Motor Vehicle Code which remain criminal offenses under RCW 46.63.020, in those counties governed by the 1961 Justice Court Act, is in the district justice court of the district in which the alleged violation occurred in accordance with RCW 3.66.070.
AGO 1982 No. 5 >  April 12, 1982
MOTOR VEHICLES - COURTS - JUSTICE COURTS
TRAFFIC INFRACTION PENALTY ASSESSMENTS The $25 penalty imposed by § 5(3), chapter 19, Laws of 1981, for failure to respond to a notice of traffic infraction is not subject to the assessments imposed by RCW 43.101.210 or § 7(6), chapter 330, Laws of 1981, but it is subject to the traffic education assessment imposed by RCW 46.81.030.
AGO 1991 No. 10 >  March 13, 1991
COUNTIES - SHERIFF - CORONER - MOTOR VEHICLES - USE OF MOTOR VEHICLES FORFEITED BY SHERIFF
COUNTIES ‑- SHERIFF ‑- CORONER ‑- MOTOR VEHICLES ‑- USE OF MOTOR VEHICLES FORFEITED BY SHERIFF RCW 69.50.505(f)(1) provides that forfeited property may be retained for use by a law enforcement agency of the state.  A coroner does not act as a law enforcement agency of the state.  Therefore, a coroner is not entitled to use a motor vehicle forfeited pursuant to RCW 69.50.505(f)(1).
AGO 1972 No. 26 >  December 4, 1972
COURTS - JUVENILE - MOTOR VEHICLES - LICENSES - REPORTS OF JUVENILE TRAFFIC VIOLATIONS
COURTS ‑- JUVENILE ‑- MOTOR VEHICLES ‑- LICENSES ‑- REPORTS OF JUVENILE TRAFFIC VIOLATIONS A juvenile court is required by RCW 13.04.120 to forward to the department of motor vehicles the record of its handling and disposition of all juvenile traffic violation cases coming before such court.
AGO 1972 No. 28 >  December 6, 1972
MOTOR VEHICLES - MOBILE HOME IDENTIFICATION FEE - CREDITED TO MOTOR VEHICLE FUND
MOTOR VEHICLES ‑- MOBILE HOME IDENTIFICATION FEE ‑- CREDITED TO MOTOR VEHICLE FUND The entire $9.40 mobile home identification fee provided for by § 16, chapter 231 Laws of 1971, 1st Ex. Sess., is to be paid into the state motor vehicle fund.
AGO 2003 No. 3 >  March 3, 2003
TRAFFIC INFRACTIONS - MOTOR VEHICLES - COURTS
Whether recipient of a notice of traffic infraction is entitled to receive a copy of the infraction bearing the recipient’s own signature The recipient of a “notice of traffic infraction” under RCW 46.63 or a “traffic citation and notice to appear” under RCW 46.64 must be served with a notice or citation that bears his or her signature, assuming the person signed the document.
AGO 1961 No. 63 >  September 19, 1961
MOTOR VEHICLES - REPORTING OF ACCIDENTS OCCURRING UPON PRIVATE ROADS OR OTHER PRIVATE PROPERTY
MOTOR VEHICLES ‑- REPORTING OF ACCIDENTS OCCURRING UPON PRIVATE ROADS OR OTHER PRIVATE PROPERTY RCW 46.52.030 requires the reporting of automobile accidents which occur off the public highways on private roads or other private property in addition to those occurring upon the public highways.
AGO 1962 No. 88 >  January 17, 1962
MOTOR VEHICLES - OPERATORS' LICENSES - MILITARY PERSONNEL AND DEPENDENTS
MOTOR VEHICLES ‑- OPERATORS' LICENSES ‑- MILITARY PERSONNEL AND DEPENDENTS When a nonresident serviceman has not changed his domicile to the state of Washington, his wife who accompanies him on military assignment to this state is not required to obtain a Washington state driver's license if she has a valid operator's license issued by the state of her domicile.
AGO 1979 No. 9 >  April 20, 1979
RAILROADS - MOTOR VEHICLES - TORT LIABILITY - STREETS - ROADS - APPLICABILITY OF RCW 81.48.010 TO PRIVATE ROAD CROSSINGS
RAILROADS ‑- MOTOR VEHICLES ‑- TORT LIABILITY ‑- STREETS ‑- ROADS ‑- APPLICABILITY OF RCW 81.48.010 TO PRIVATE ROAD CROSSINGS The provisions of RCW 81.48.010, requiring trains to ring their bells or sound their whistles prior to crossing a traveled road or street, are not applicable where only a private road is involved.
AGO 1979 No. 1 >  January 5, 1979
OFFICES AND OFFICERS - STATE - LEGISLATORS - MOTOR VEHICLES - ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- MOTOR VEHICLES ‑- ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.
AGO 1984 No. 29 >  December 5, 1984
CHILDREN - MOTOR VEHICLES - MOTORCYCLES
CHILDREN AS PASSENGERS ON MOTORCYCLES (1) The provisions of RCW 46.61.687, relating to the transportation of young children as passengers in motor vehicles operated by the child's parent or legal guardian and requiring that the child be properly secured in a manner approved by the State Commission on Equipment, is applicable to the transportation of a child less than five years old on a motorcycle operated by his or her parent or guardian.(2) Until adequate child restraint devices for motorcycles are at some time developed, and then approved for use in this state by the State Commission on Equipment, it is, therefore, illegal for the parent or legal guardian of a child under five years of age to transport that child on his or her motorcycle, just as it would be illegal for them to transport their child in their automobile without an approved device.
AGO 1976 No. 19 >  October 7, 1976
FINES - MOTOR VEHICLES - VIOLATIONS OF MOTOR VEHICLE CODE - COURT COSTS - IMPRISONMENT
FINES ‑- MOTOR VEHICLES ‑- VIOLATIONS OF MOTOR VEHICLE CODE ‑- COURT COSTS ‑- IMPRISONMENT (1) All traffic offenses covered by RCW 46.61.010, as amended by § 1, chapter 95, Laws of 1975-76, 2nd Ex. Sess., including those for which no term of confinement may be imposed, nevertheless constitute crimes (misdemeanors) for which an individual may be arrested and prosecuted in the normal manner provided for by law.   (2) Where a person has been charged with and convicted of a traffic offense for which, under RCW 46.61.010, as amended, no sentence of confinement may be imposed, and that person has been ordered to pay costs as provided for under chapter 96, Laws of 1975-76, 2nd Ex. Sess., he may then be committed to jail for contempt of court for a willful failure to comply with that order in accordance with the provisions of § 3(2) of chapter 96, supra .
AGO 1963 No. 72 >  December 5, 1963
MOTOR VEHICLES - EXCISE TAX - LICENSES - NONRESIDENT MILITARY PERSONNEL - APPLICABLE STATE LAW
MOTOR VEHICLES ‑- EXCISE TAX ‑- LICENSES ‑- NONRESIDENT MILITARY PERSONNEL ‑- APPLICABLE STATE LAW Section 574, 50 United States Code Annot. (Soldiers' and Sailors' Civil Relief Act of 1940), exempts all nonresident military personnel stationed in Washington from the obligation of paying the motor vehicle excise tax required by chapter 199, Laws of 1963 (chapter 82.44 RCW) provided they pay all motor vehicle or excise taxes and fees required by the state of their residence or domicile.  However, nonresident servicemen who wish to license their vehicles in this state must pay the license fees and excise taxes prescribed by law.
AGO 1963 No. 74 >  December 11, 1963
MOTOR VEHICLES - ACCIDENT - DAMAGE TO PROPERTY FIXED OR PLACED UPON OR ADJACENT TO ANY PUBLIC HIGHWAY - NOTICE TO OWNER
MOTOR VEHICLES ‑- ACCIDENT ‑- DAMAGE TO PROPERTY FIXED OR PLACED UPON OR ADJACENT TO ANY PUBLIC HIGHWAY ‑- NOTICE TO OWNER (1) The second paragraph of RCW 46.52.010 requires a driver of any vehicle involved in an accident resulting in damage to property fixed or placed upon or adjacent to any "public highway," to take reasonable steps to give notice of the automobile driver's and owner's name to the owner or person in charge of the damaged property.  (Under requisite circumstances private parking lot would be a public highway. See, AGO 63-64 No. 25.) (2) The phrase "property adjacent to a public highway" as used in RCW 46.52.010 means:  "Property"‑-everything that has exchangeable value and every interest or estate which the law regards of sufficient value for judicial recognition ‑-    "Adjacent"‑-near to or close to, but not required to be directly abutting or adjoining‑- a public highway.
AGO 1964 No. 90 >  March 9, 1964
MOTOR VEHICLES - DRIVER TRAINING EDUCATION ACT - FINANCIAL SUPPORT OF PROGRAM - PENALTY ASSESSMENT ON TRAFFIC VIOLATIONS - BASED ON AMOUNT ACTUALLY PAID INTO COURT
MOTOR VEHICLES ‑- DRIVER TRAINING EDUCATION ACT ‑- FINANCIAL SUPPORT OF PROGRAM ‑- PENALTY ASSESSMENT ON TRAFFIC VIOLATIONS ‑- BASED ON AMOUNT ACTUALLY PAID INTO COURT Under § 4, of the driver training education act, chapter 39, Laws of 1963 (RCW 46.81.030) where a fine imposed for a traffic violation is suspended in whole or in part, the penalty assessment is to be based upon the amount actually ordered paid into court.
AGO 1964 No. 95 >  March 31, 1964
MOTOR VEHICLES - DRIVER EDUCATION ACT - BAIL DEPOSIT OF PENALTY ASSESSMENT - NOTICE TO ACCUSED - DISMISSAL OF CASE - PENALTY REFUNDABLE
MOTOR VEHICLES ‑- DRIVER EDUCATION ACT ‑- BAIL DEPOSIT OF PENALTY ASSESSMENT ‑- NOTICE TO ACCUSED ‑- DISMISSAL OF CASE ‑- PENALTY REFUNDABLE (1) Chapter 39, Laws of 1963 (chapter 46 RCW) [[chapter 46.81 RCW and others]], requires a court to collect a penalty assessment deposit of two dollars for each twenty dollars of bail or fraction thereof which is deposited. (2) Same :  The deposit of the penalty assessment should be designated in the bail receipt to advise the depositor of the reason for its collection. (3) Same :  In case of a nonforfeitable offense, the penalty assessment must be collected at the time bail is posted but it is refundable if the accused appears and is acquitted or the case is otherwise dismissed.
AGO 1964 No. 94 >  March 31, 1964
MOTOR VEHICLES - DRIVER EDUCATION ACT - PENALTY ASSESSMENT - NONPAYMENT - CONFINEMENT
MOTOR VEHICLES ‑- DRIVER EDUCATION ACT ‑- PENALTY ASSESSMENT ‑- NONPAYMENT ‑- CONFINEMENT The penalty assessment imposed by § 4, chapter 39, Laws of 1963 (RCW 46.81.030) upon persons convicted of certain offenses involving the use of motor vehicles or the licensing of vehicle operators is in the nature of a fine, not a tax; therefore, such persons may be confined for nonpayment of the fine.
AGO 1964 No. 102 >  May 13, 1964
MOTOR VEHICLES - DRIVER EDUCATION ACT - DRIVER EDUCATION ACT - DEPOSIT OF BAIL - PENALTY ASSESSMENT - CONFINEMENT PRIOR TO TRIAL - REFUND WHERE FORFEITURE IS VACATED AND NO FINE IS IMPOSED
MOTOR VEHICLES ‑- DRIVER EDUCATION ACT ‑- DEPOSIT OF BAIL ‑- PENALTY ASSESSMENT ‑- CONFINEMENT PRIOR TO TRIAL ‑- REFUND WHERE FORFEITURE IS VACATED AND NO FINE IS IMPOSED ‑- ALLOCATION OF MONEY WHERE (1) Under § 5, chapter 39, Laws of 1963 (RCW 46.81.040), when any deposit of bail is made for an offense covered by the driver education act, the person making the deposit is required to deposit a sufficient amount to include the penalty assessment but he cannot be confined pending trial for failure to deposit the penalty assessment if he has deposited the required bail set by the court.            (2) If the penalty assessment is collected as a result of a bail forfeiture and funds are remitted to the state treasurer and thereafter the forfeiture is set aside and the matter is set for trial, the court may provide for the recovery of the penalty assessment previously deposited if no fine is imposed as a result of trial by following the procedure prescribed by RCW 43.88.170. (3) If less than the total of (a) fines and cost and (b) penalty assessment is tendered, the funds first should be allocated to the payment of the penalty assessment.
AGO 2001 No. 2 >  March 21, 2001
TAXATION - MOTOR VEHICLES - CONSTITUTION
Applicability of article II, section 40 of the Washington Constitution to proposed excise tax Article II, section 40 of the Washington Constitution requires revenues from taxes measured by the volume of motor vehicle fuel to be used exclusively for highway purposes; a tax measured by the value of the product sold rather than the volume would probably not be subject to this constitutional restriction unless the tax were structured in such a way that it was really on volume and not on value.
AGO 1965 No. 32 >  August 18, 1965
MOTOR VEHICLES - HOUSE TRAILERS - EXCISE TAX - VEHICLE LICENSE FEES - NONRESIDENT MILITARY PERSONNEL - SOLDIERS AND SAILORS CIVIL RELIEF ACT
MOTOR VEHICLES ‑- HOUSE TRAILERS ‑- EXCISE TAX ‑- VEHICLE LICENSE FEES ‑- NONRESIDENT MILITARY PERSONNEL ‑- SOLDIERS AND SAILORS CIVIL RELIEF ACT (1) The Soldiers and Sailors Civil Relief Act of 1940 exempts house trailers owned by nonresident military personnel from the excise tax imposed by RCW 82.50.020. (2) The Soldiers and Sailors Civil Relief Act does not exempt the house trailer of nonresident military personnel from the license fee requirement of RCW 46.16.010, et seq. when the house trailer is moved over and along the public highways of this state.
AGO 1966 No. 98 >  July 25, 1966
MOTOR VEHICLES - HOUSE TRAILER - EXCISE TAX - LICENSES - NONRESIDENT MILITARY PERSONNEL - SOLDIERS AND SAILORS CIVIL RELIEF ACT - REFUNDS
MOTOR VEHICLES ‑- HOUSE TRAILER ‑- EXCISE TAX ‑- LICENSES ‑- NONRESIDENT MILITARY PERSONNEL ‑- SOLDIERS AND SAILORS CIVIL RELIEF ACT ‑- REFUNDS (1) and (2).  Under the soldiers and sailors civil relief act as recently construed by the United States supreme court, nonresident military personnel stationed in Washington can either license their motor vehicles and house trailers in their home state or license such vehicles in Washington without having to pay the excise tax imposed upon residents of this state by chapter 82.44 RCW and chapter 82.50 RCW. (3) The department of motor vehicles may, upon receipt of a proper application and proof, make refunds to nonresident servicemen who have under a mistake of law paid the motor vehicle excise tax in licensing automobiles in this state, provided the claim for refund is made within a period of two years from the date of payment.
AGO 1966 No. 112 >  October 11, 1966
OFFICES AND OFFICERS - SECRETARY OF STATE - FEES - COUNTIES - MOTOR VEHICLES
OFFICES AND OFFICERS ‑- SECRETARY OF STATE ‑- FEES ‑- COUNTIES ‑- MOTOR VEHICLES (1) A county, as a plaintiff commencing suit against a nonresident motorist under RCW 46.04.040, is liable for payment of the fee provided for by this statute when making service on the secretary of state. (2) A prosecuting attorney is required to pay the fees provided for by RCW 43.07.120 when he requests copies or certification of corporate documents from the secretary of state, except where the documents of certification are supplied in connection with a prosecution under a law which it is the duty of the secretary of state to administer and enforce.
AGO 1966 No. 118 >  November 9, 1966
COURTS - LICENSES - MOTOR VEHICLES - DEFERRED SENTENCES
MANDATORY SUSPENSION OF DRIVER'S LICENSE UPON CONVICTION OF CERTAIN CRIMES A court, in granting a deferred sentence for an offense which, under chapter 46.20 RCW constitutes mandatory grounds for the revocation or suspension of a driver's license, cannot permit the person to retain his driver's license during the period of the deferred sentence.
AGO 1966 No. 119 >  November 23, 1966
MOTOR VEHICLES - FARM IMPLEMENTS - LICENSING - SCOPE OF EXEMPTION
MOTOR VEHICLES ‑- FARM IMPLEMENTS ‑- LICENSING ‑- SCOPE OF EXEMPTION The exemption from the motor vehicle licensing requirement of RCW 46.16.010 of farm tractors, certain farm implements, and certain trailers used exclusively to transport farm implements, does not extend to any of the following: (1) A self-propelled motor vehicle owned by a farmer and used solely for the purpose of transporting gasoline, diesel oil, grease and motor oil which the farmer uses for maintenance of his farm equipment;  (2) A trailer owned by a farmer and used exclusively for hauling gasoline, diesel oil, grease and motor oil in the maintenance of his farm equipment; or  (3) A weed-burning device mounted on a trailer owned by a propane gas company used by a farmer the majority of the time for the purpose of burning weeds and stubble.
AGO 1967 No. 36 >  October 30, 1967
MOTOR VEHICLES - PENALTY FOR VIOLATION OF RCW 46.61.505 (1)
MOTOR VEHICLES - PENALTY FOR VIOLATION OF RCW 46.61.505 (1) The penalty provided for in RCW 46.61.515 in the case of a person who is convicted of driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug does not apply to the case of a person who is convicted of being in actual physical control of a nonmoving vehicle upon the public highways while under the influence of or affected by the use of any intoxicating liquor or drugs; in the case of such a person the applicable penalty provisions are contained in RCW 46.64.050.
AGO 1968 No. 9 >  February 20, 1968
OFFICES AND OFFICERS - COUNTY - SHERIFF - MOTOR VEHICLES - LIENS - RECOVERY AND DISPOSITION OF STOLEN VEHICLES
OFFICES AND OFFICERS - COUNTY - SHERIFF - MOTOR VEHICLES - LIENS - RECOVERY AND DISPOSITION OF STOLEN VEHICLES (1) Where a sheriff finds a reported stolen vehicle abandoned on a public highway or at some other place in his county, he may, in the absence of available public equipment and facilities for such purposes, employ the operator of a private towing and storage service to tow and store such vehicle until the owner appears and claims it. (2) In such a case, the private towing and storage operator who has been thus employed may assert a lien in the vehicle against the owner for payment of such towing and storage charges as are due at the time the owner appears to claim the vehicle.
AGO 1968 No. 25 >  July 16, 1968
MOTOR VEHICLES - FARM VEHICLES - LICENSING - SCOPE OF EXEMPTION
MOTOR VEHICLES - FARM VEHICLES - LICENSING - SCOPE OF EXEMPTION (1) A tractor designed for agricultural use, when towing a trailer which is carrying farm produce from one farm to another, is required to have either a vehicle license under RCW 46.16.010, or, in the alternative, a "farm vehicle" decal under § 3, chapter 202, Laws of 1967 (RCW 46.16.025).  (2) Such a tractor when towing a trailer carrying farm produce to a processing plant or place of storage, is required both to have a vehicle license under RCW 46.16.010 and to pay the statutory gross weight fees related to its cargo in order to operate on a public highway.  (3) A trailer having a "farm vehicle" decal under § 3, chapter 202, Laws of 1967 (RCW 46.16.025), may be operated upon a public highway by a person other than its owner, such as another farmer to whom the trailer has been loaned by its owner. (4) The 15-mile radius limitation contained in § 2, chapter 202, Laws of 1967 (RCW 46.16.010, as amended) applies to the operation of a "farm vehicle" regardless of whether it is being operated by its owner or some other person. (5) A "farm vehicle" when being operated on a public highway under authority of chapter 202, Laws of 1967, is not thereby excused from compliance with the motor vehicle lighting and equipment requirements of chapter 46.37 RCW; instead such a vehicle continues to be governed by the exemption provisions of RCW 46.37.010 (3). (6) A "farm vehicle" when being operated on a public highway under authority of chapter 202, Laws of 1967, must be operated by a person having a valid operator's vehicle license under chapter 46.20 RCW, unless such person is exempt under RCW 46.20.025.
AGO 1993 No. 9 >  April 27, 1993
CITIES AND TOWNS - COUNTIES - COURTS - TRAFFIC INFRACTIONS - MOTOR VEHICLES - DEPARTMENT OF LICENSING
Ability of district courts to require attendance at a traffic school 1.  RCW 46.83.050 provides when a court finds that a person has committed a traffic infraction, the person may be required to attend a traffic school as part of the sentence imposed or as a condition for suspension or deferral of the sentence.  However, the court does not have the authority to defer making a finding that a traffic infraction has been committed and then order the person to attend traffic school as a condition of dismissing the charge. 2.  RCW 46.63.151 provides no costs may be awarded to either party in a traffic infraction case, except for certain costs related to failure to provide proof of financial responsibility pursuant to RCW 46.30.020(2).  A court cannot require the payment of costs as a condition of dismissing a traffic infraction charge. 3.  If a court enters a finding that a person has committed a traffic infraction, RCW 46.20.270(2) requires the court to forward an abstract of that finding to the Department of Licensing.  RCW 46.52.120(1) requires the Department to keep this record, and RCW 46.52.130 authorizes the Department to furnish this record to certain insurance carriers.  If the court does not enter a finding that a traffic infraction has been committed, there is no requirement to furnish any information to the Department.
AGO 1968 No. 37 >  December 19, 1968
MOTOR VEHICLES - DRIVERS' LICENSES - OPERATION OF CERTAIN MOTOR VEHICLES FOR COMPENSATION
MOTOR VEHICLES - DRIVERS' LICENSES - OPERATION OF CERTAIN MOTOR VEHICLES FOR COMPENSATION In order for a person to be operating "for compensation" a motor vehicle requiring special operating skills, within the meaning of RCW 46.20.440, it is necessary that his operation of such a vehicle be a distinct employment duty for which compensation is paid.
AGO 1958 No. 170 >  March 7, 1958
MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - OPERATING A MOTOR VEHICLE WITHOUT A LICENSE - LICENSES - FURNISHING FINANCIAL RESPONSIBILITY AS CONDITION TO LICENSING
MOTOR VEHICLES ‑- FINANCIAL RESPONSIBILITY ‑- OPERATING A MOTOR VEHICLE WITHOUT A LICENSE -- LICENSES ‑- FURNISHING FINANCIAL RESPONSIBILITY AS CONDITION TO LICENSING A person who has been convicted of, or forfeited bail for, operating a motor vehicle without a license cannot obtain a license to operate a motor vehicle during a three‑year period following such offense, unless he furnishes proof of financial responsibility during such period.
AGO 1958 No. 162 >  February 21, 1958
MOTOR VEHICLES - INCLUDED OFFENSES - CONVICTION OF EITHER RECKLESS DRIVING OR NEGLIGENT OPERATION ON CHARGE OF DRIVING UNDER INFLUENCE
MOTOR VEHICLES ‑- INCLUDED OFFENSES ‑- CONVICTION OF EITHER RECKLESS DRIVING OR NEGLIGENT OPERATION ON CHARGE OF DRIVING UNDER INFLUENCE Reckless driving and negligent operation are not included offenses in driving under the influence, and a person cannot be convicted of either under a charge of the latter.
AGO 1958 No. 157 >  February 14, 1958
COUNTIES - AUTHORITY TO LEASE PASSENGER VEHICLES AND PERMIT USE BY COUNTY EMPLOYEES - MOTOR VEHICLES - AUTHORITY OF COUNTY TO LEASE AND DIVIDE COST OF RENTAL BETWEEN COUNTY AND EMPLOYEE
COUNTIES ‑- AUTHORITY TO LEASE PASSENGER VEHICLES AND PERMIT USE BY COUNTY EMPLOYEES -- MOTOR VEHICLES ‑- AUTHORITY OF COUNTY TO LEASE AND DIVIDE COST OF RENTAL BETWEEN COUNTY AND EMPLOYEE A county is not legally authorized to lease passenger vehicles which may be used both by county and by the employee personally with the cost to be divided between the two.
AGO 1959 No. 38 >  May 25, 1959
MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - EFFECT OF CHAPTER 38, LAWS OF 1959, INCREASING THE LIABILITY INSURANCE LIMITS
MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - EFFECT OF CHAPTER 38, LAWS OF 1959, INCREASING THE LIABILITY INSURANCE LIMITS (1)  The increased financial responsibility insurance requirements provided under the 1959 amendment do not apply to persons who have previously proven their ability to respond in damages under the prior law until application for operators' license renewal.(2)  A blanket endorsement from an affected insurance carrier covering all its insured whose proof of financial responsibility has been shown by certificate of that carrier, will suffice as proof of the insured's ability to respond in damages in the increased amount.(3)  An individual involved in an accident after the 1959 amendment becomes effective cannot be excused from depositing security to cover damages or injury by showing that at the time of the accident he had liability insurance with coverage limits lower than that required by the amendment but greater than any claimed damages or injuries.
AGO 1959 No. 77 >  October 22, 1959
MOTOR VEHICLES - GROSS WEIGHT LIMITS - SPECIAL PERMITS - APPLICABILITY OF PENALTIES PRESCRIBED IN RCW 46.44.045
MOTOR VEHICLES - GROSS WEIGHT LIMITS - SPECIAL PERMITS - APPLICABILITY OF PENALTIES PRESCRIBED IN RCW 46.44.045 Penalties prescribed by RCW 46.44.045 relating to maximum gross weights are not applicable to violations for exceeding the gross weight limits authorized by special permit issued pursuant to RCW 46.44.091.
AGO 1959 No. 88 >  December 10, 1959
MOTOR VEHICLES - OPERATORS' LICENSES - LAW ENFORCEMENT OFFICERS - AUTHORITY TO STOP MOTORIST TO SEE OPERATOR'S LICENSE
MOTOR VEHICLES - OPERATORS' LICENSES - LAW ENFORCEMENT OFFICERS - AUTHORITY TO STOP MOTORIST TO SEE OPERATOR'S LICENSE A law enforcement officer has no authority, either statutory or common law, to stop a motorist for the sole purpose of determining whether the motorist has a valid operator's license on his person.
AGO 1960 No. 108 >  March 25, 1960
MOTOR VEHICLES - LICENSES - OPERATORS - AUTHORITY OF DIRECTOR OF LICENSES TO PRESCRIBE VISION QUALIFICATIONS HIGHER THAN THOSE PRESCRIBED IN RCW 46.20.050
MOTOR VEHICLES - LICENSES - OPERATORS - AUTHORITY OF DIRECTOR OF LICENSES TO PRESCRIBE VISION QUALIFICATIONS HIGHER THAN THOSE PRESCRIBED IN RCW 46.20.050 The director of licenses may not prescribe visual acuity qualifications higher than those prescribed in RCW 46.20.050 as a condition precedent to the issuance of a motor vehicle operator's license.
AGO 1956 No. 347 >  November 29, 1956
MOTOR VEHICLES - RECKLESS DRIVING - EMBRACING - RACING
MOTOR VEHICLES ‑- RECKLESS DRIVING ‑- EMBRACING ‑- RACING Embracing and racing are defined as reckless driving and the statutory provisions requiring suspension of operator's license and the furnishing of financial responsibility before reinstatement are applicable.
AGO 1956 No. 348 >  November 29, 1956
MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - MOTORCYCLES - TRACTORS - APPLICABLE TO
MOTOR VEHICLES ‑- FINANCIAL RESPONSIBILITY ‑- MOTORCYCLES ‑- TRACTORS ‑- APPLICABLE TO Operators of motorcycles and farm tractors operated on the public highways are subject to the Financial Responsibility Act (chapters 46.24 and 46.28 RCW) since the definition of motor vehicles contained in said act (RCW 46.24.010 as derived from § 4 (b), chapter 158, Laws of 1939) and not the definition contained in RCW 46.04.320 (1955 Supp.) defines the motor vehicles to which it is applicable.
AGO 1956 No. 349 >  November 29, 1956
MOTOR VEHICLES - LICENSING - FORK LIFT TRUCK
MOTOR VEHICLES ‑- LICENSING ‑- FORK LIFT TRUCK Any vehicle, eligible to be operated on the public highways, whether or not it may be a motor vehicle, may be licensed, but it must meet the statutory requirements applicable to the use and operation of such vehicles while on the highways, not as a requirement for licensing but as a requirement for operation.
AGO 1960 No. 123 >  June 8, 1960
MOTOR VEHICLES - AUTHORITY OF JUSTICE OF THE PEACE TO SUSPEND ADDITIONAL EXCESS WEIGHT FINES WHERE EXCESS WEIGHT EXCEEDS FIVE THOUSAND POUNDS
MOTOR VEHICLES - AUTHORITY OF JUSTICE OF THE PEACE TO SUSPEND ADDITIONAL EXCESS WEIGHT FINES WHERE EXCESS WEIGHT EXCEEDS FIVE THOUSAND POUNDS The justice of the peace may not suspend the additional excess weight fines provided in RCW 46.44.045 (2) where the excess weight involved exceeds five thousand pounds.
AGO 1958 No. 213 >  August 5, 1958
OFFICES AND OFFICERS - DEPARTMENT OF NATURAL RESOURCES AND COMMISSIONER OF PUBLIC LANDS - TAXATION - USE FUEL TAX - TRUCK TRAVEL EXCLUSIVELY ON PUBLIC USE ROADS NOT SUBJECT TO STATE USE FUEL TAX
AUTHORITY TO ACQUIRE BY EMINENT DOMAIN OR OTHERWISE A SYSTEM OF SPECIAL USE ROADS AND TO AUTHORIZE THEIR... (1)  The department of natural resources may use public funds to acquire by eminent domain or otherwise a system of special use roads for the management, protection and harvest of timber on public lands.  Such roads held in fee may be used by individuals and corporations pursuant to department regulation on a cost apportionment basis. (2)  Truck travel confined exclusively to such special use roads is not subject to state use fuel tax and licensing requirements applicable to public highway operation. (3)   If the fee is acquired in such lands and the land becomes unnecessary, it may be sold by the commissioner, but if only a use is acquired, it may be abandoned.
AGO 1958 No. 225 >  October 31, 1958
MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - COLLATERAL AS PROOF - REQUISITES
MOTOR VEHICLES ‑- FINANCIAL RESPONSIBILITY ‑- COLLATERAL AS PROOF ‑- REQUISITES The operator of a motor vehicle who has had his license suspended makes the necessary proof of ability to respond in damages required under the financial responsibility act by presenting a certificate of the state treasurer showing that there has been deposited with him collateral approved by him in the amount of $11,000, based upon the same standards imposed by statute as acceptable security for state deposits.
AGO 1955 No. 161 >  November 15, 1955
MOTOR VEHICLES - EXCESS WEIGHT - POUNDAGE FEES - CIVIL PENALTY
MOTOR VEHICLES ‑- EXCESS WEIGHT ‑- POUNDAGE FEES ‑- CIVIL PENALTY RCW 46.44.048, providing for the payment for excess weights in addition to any penalty incurred under the provisions of Title 46, provides for the assessment of a civil penalty based on a graduate scale and is enforceable by a civil action.
AGO 1955 No. 74 >  May 9, 1955
MOTOR VEHICLES - LICENSING AND OPERATION - CARS BELONGING TO A FOREIGN CORPORATION NOT MAINTAINING PLACE OF BUSINESS IN THIS STATE - DEMONSTRATOR WITHOUT LICENSE PLATES - RESIDENT OPERATING CAR LICENSED IN A FOREIGN STATE
MOTOR VEHICLES ‑- LICENSING AND OPERATION ‑- CARS BELONGING TO A FOREIGN CORPORATION NOT MAINTAINING PLACE OF BUSINESS IN THIS STATE ‑- DEMONSTRATOR WITHOUT LICENSE PLATES ‑- RESIDENT OPERATING CAR A motor vehicle operated on the public highways of this state must have in full force and effect a proper Washington vehicle license and displayed thereon, unless exempted by some statutory provision. An Illinois corporation which does not own, maintain or operate a place of business in this state, but in the state of Idaho where a car furnished its salesman is properly licensed, is exempt under the statute and by reciprocity. It is unlawful for any person to operate a dealer's demonstrator on the public highways which does not have displayed upon it a valid vehicle license. A resident of this state is not entitled to claim the exemption granted to a non-resident [[nonresident]] owner to operate a motor vehicle licensed in the state of the owner's residence.
AGO 1954 No. 200 >  February 9, 1954
MOTOR VEHICLES - LICENSE FEES - FORMULA FOR DETERMINATION OF GROSS WEIGHT FEES ON DIESEL POWERED FARM VEHICLES
MOTOR VEHICLES ‑- LICENSE FEES ‑- FORMULA FOR DETERMINATION OF GROSS WEIGHT FEES ON DIESEL POWERED FARM VEHICLES If there are vehicles which qualify as diesel powered farm trucks the formula for determining gross weight fees, is the gross weight fee commensurate with the weight of the vehicle increased by twenty-five percent, then divided in half.
AGO 1955 No. 149 >  October 26, 1955
MOTOR VEHICLES - DRIVING WHILE LICENSE SUSPENDED OR REVOKED - MINIMUM SENTENCE WHEN SUCH DRIVING IS WHILE UNDER INFLUENCE
MOTOR VEHICLES ‑- DRIVING WHILE LICENSE SUSPENDED OR REVOKED ‑- MINIMUM SENTENCE WHEN SUCH DRIVING IS WHILE UNDER INFLUENCE The minimum mandatory sentence under § 2, chapter 393, Laws of 1955, applies only to those offenses where the operator was driving under the influence while his operator's license was suspended or revoked.
AGO 1955 No. 139 >  September 29, 1955
MOTOR VEHICLES - OPERATING UNDER THE INFLUENCE - INCREASED PENALTIES - CONVICTIONS AND/OR FORFEITURES
MOTOR VEHICLES ‑- OPERATING UNDER THE INFLUENCE ‑- INCREASED PENALTIES ‑- CONVICTIONS and/or FORFEITURES The court shall impose the increased minimum penalties upon a conviction of operating a motor vehicle under the influence under chapter 393, Laws of 1955, upon subsequent convictions as provided by § 3, and where an operator has a record of two or more convictions or forfeiture of bail under § 2.
AGO 1955 No. 124 >  August 3, 1955
MOTOR VEHICLES - LOGGING TRUCKS - EXCESS WEIGHT FEES
MOTOR VEHICLES ‑- LOGGING TRUCKS ‑- EXCESS WEIGHT FEES A combination of vehicles used in hauling logs which is licensed for the maximum amount permitted by law (68,000 pounds) is not permitted any variation of gross weight in excess of that amount unless the operator has been issued a special permit for such variation.
AGO 1953 No. 167 >  November 9, 1953
MOTOR VEHICLES - OPERATOR'S EVIDENCE OF SPEED VIOLATION - USE OF RADAR
MOTOR VEHICLES ‑- OPERATOR'S EVIDENCE OF SPEED VIOLATION ‑- USE OF RADAR A radar instrument known as an Electro-Matic Radar Speed Meter is not a "speed trap" within the meaning of RCW 46.48.120.  Consequently, evidence of speed violations secured by the use of such device is legally permissible and evidence so obtained is admissible in court.
AGO 1953 No. 105 >  July 28, 1953
MOTOR VEHICLES - TRAILERS - LICENSES - MOTOR VEHICLE EXCISE TAX - PERSONAL PROPERTY TAX
MOTOR VEHICLES ‑- TRAILERS ‑- LICENSES ‑- MOTOR VEHICLE EXCISE TAX ‑- PERSONAL PROPERTY TAX Questions and answers relative to licensing and payment or collection of motor vehicle excise tax or personal property tax upon trailers, including house trailers, as affected by section 5, chapter 252, Laws of 1953. (Overruling in part our opinions to the Tax Commission dated March 20, 1944 and October 13, 1949).
AGO 1953 No. 502 >  March 25, 1953
MOTOR VEHICLES - LICENSE PLATES - CONVERSION VEHICLES - USE FUEL TAXES - DIESEL TRUCK PLATES - FUEL
MOTOR VEHICLES ‑- LICENSE PLATES ‑- CONVERSION VEHICLES ‑- USE FUEL TAXES ‑- DIESEL TRUCK PLATES ‑- FUEL Conversion trucks, equipped to use either gasoline or propane fuel, must carry "DT" or "diesel truck" license plates, issued pursuant to RCW 46.16.074, which imposes a 25% higher fee than that required for trucks propelled solely by gasoline.
AGO 1952 No. 444 >  December 18, 1952
MOTOR VEHICLES - EXCESS POUNDAGE - DETERMINATION OF
MOTOR VEHICLES, EXCESS POUNDAGE, DETERMINATION OF The poundage over that for which the vehicle was licensed, rather than the poundage over the maximum for which the vehicle was designed or could be licensed under the law, determines excess weight as provided in RCW 46.44.
AGO 1951 No. 121 >  September 5, 1951
HIGHWAYS - MOTOR VEHICLES - EXCESS WEIGHTS - PENALTIES - COMPUTATION OF
HIGHWAYS ‑- MOTOR VEHICLES ‑- EXCESS WEIGHTS ‑- PENALTIES ‑- COMPUTATION OF Section 32, chapter 269, Laws of 1951, is susceptible of two constructions, and thus the construction most favorable to the violator must be adopted, which is that excess weight payments apply only to the weights in excess of those allowed by sections 30 and 31 for vehicles and combinations of vehicles.
AGO 1951 No. 143 >  October 2, 1951
MOTOR VEHICLES - EXCESS WEIGHT - APPLICATION TO VEHICLES IN COMBINATION
MOTOR VEHICLES ‑- EXCESS WEIGHT ‑- APPLICATION TO VEHICLES IN COMBINATION The excess weight provisions of chapter 269, Laws of 1951, are applicable to a vehicle within a combination of vehicles, or when outside a combination of vehicles.
AGO 1950 No. 363 >  October 6, 1950
MOTOR VEHICLES - INTOXICATION IN PUBLIC PLACE OR PRIVATE PLACE - PASSENGER THEREIN
MOTOR VEHICLES ‑- INTOXICATION IN PUBLIC PLACE OR PRIVATE PLACE ‑- PASSENGER THEREIN There is no statutory crime in merely being an intoxicated passenger in a private car which is parked or operated on a public highway.  Facts and circumstances, however, such as obscenity or disturbance of the public peace would bring the passenger within the purview of the prohibition of being intoxicated in a public place.
AGO 1950 No. 275 >  May 12, 1950
MOTOR VEHICLES - PERMITS - OVERLOADS
MOTOR VEHICLES ‑- PERMITS ‑- OVERLOADS There is not necessarily any direct conflict between subdivision (j), section 5, chapter 220 and section 3, chapter 221, Laws of 1949.  The correct construction of the two provisions is that no city or town has any right to interfere with a movement of an overloaded or overwidth vehicle through a city or town when such movement is confined to the route of the state highway, originating and terminating outside such city or town, provided such movement is lawfully permitted by the Director of Highways.
AGLO 1982 No. 12 >  May 20, 1982
MOTOR VEHICLES - COURTS
PENALTY FOR FAILURE TO RESPOND TO TRAFFIC INFRACTION NOTICE Identification of the maximum penalties for failure to respond to a notice of a traffic infraction, including local parking violations, under 1982 amendatory legislation.
AGLO 1982 No. 24 >  October 4, 1982
MOTOR VEHICLES - FUNERAL DIRECTORS - HIGHWAYS - TORT LIABILITY
MOTOR VEHICLES PARTICIPATING IN FUNERAL PROCESSIONS (1) Motor vehicles otherwise lawfully participating in a funeral procession, whether or not accompanied by escort vehicles, are required to obey the instructions of any official traffic control device applicable thereto unless the particular funeral procession is escorted or controlled by a traffic or police officer who otherwise directs. (2) A county or city ordinance purporting to provide an exemption for funeral processions not provided for by the state motor vehicle code would be invalid.
AGLO 1979 No. 7 >  January 26, 1979
TAXATION - LICENSES - FEES - MOTOR VEHICLES
AUTHORITY TO REFUND MOTOR VEHICLE EXCISE TAX PAYMENTS OF LICENSE FEES NOT PAID ERRONEOUSLY The State Department of Licensing is not presently authorized by law to refund either a lawfully paid motor vehicle license fee or the accompanying motor vehicle excise tax payment made by a vehicle owner prior to the beginning of the new registration year for which the payments are made simply because, prior to the beginning of the new registration year, the vehicle is destroyed or is removed from the state and licensed in another jurisdiction.
AGLO 1977 No. 44 >  October 20, 1977
OFFICES AND OFFICERS - COUNTY - AUDITOR - MOTOR VEHICLES
RESPONSIBILITIES OF COUNTY AUDITOR IN LICENSING MOTOR VEHICLES When appointed pursuant to RCW 46.01.130-46.01.140, a county auditor serves as statutory agent for the state Department of Licensing in connection with the licensing of motor vehicles. The resulting relationship may not be unilaterally terminated by the county auditor even in the event of a work stoppage or strike, or other emergency situation; however, the state director of licensing retains the ultimate responsibility for implementation of the state motor vehicle licensing system together with full authority to exercise requisite control and supervision over county auditors as statutory agents.
AGLO 1976 No. 20 >  March 19, 1976
TAXATION - MOTOR VEHICLES - CITIES AND TOWNS - APPROPRIATIONS - STATE
USE OF LOCAL MOTOR VEHICLE EXCISE TAX REVENUES FOR STATE PURPOSES The legislature may not allocate, for general state purposes, revenues derived from the local motor vehicle excise tax provided for by RCW 35.58.273-35.58.279 without amending those preexisting substantive statutes.
AGLO 1975 No. 4 >  January 15, 1975
MOTOR VEHICLES - HIGHWAYS - LICENSES
ADDITIONAL GROSS WEIGHT PERMITS Although additional gross weight permits may be purchased at any time during a calendar year under RCW 46.44.095, this statute, as amended by § 3, chapter 150, Laws of 1973, 1st Ex. Sess., does not permit such permits to be purchased for single or multiple monthly periods not necessarily extending for the balance of the calendar year in which the permit is obtained.
AGLO 1975 No. 82 >  September 25, 1975
CITIES AND TOWNS - ZONING - MOTOR VEHICLES - MOBILE HOMES
MUNICIPAL ZONING OF MOBILE HOME SITES RCW 43.22.410 does not restrict the ability of a first class city, in exercising its constitutional and statutory powers with respect to zoning, to prohibit the placement of mobile homes within certain designated areas of the city.
AGLO 1979 No. 32 >  September 25, 1979
AUTOMOBILES - MOTOR VEHICLES - PRICE ESTIMATES FOR CERTAIN AUTOMOTIVE REPAIRS
AUTOMOBILES ‑- MOTOR VEHICLES ‑- PRICE ESTIMATES FOR CERTAIN AUTOMOTIVE REPAIRS The requirement that an offer be made to supply a written price estimate in the case of automotive repairs is limited to those types of automotive repairs which are specifically included in the definition contained in RCW 46.71.010(2)(a) and (b).
AGLO 1978 No. 4 >  February 23, 1978
RAILROADS - MOTOR VEHICLES - LICENSES - HIGHWAYS - OPERATION OF RAILROAD TRAINS
RAILROADS ‑- MOTOR VEHICLES ‑- LICENSES ‑- HIGHWAYS ‑- OPERATION OF RAILROAD TRAINS

A person need not have been issued a Washington state motor vehicle operator's license in order to operate a railroad train within the state.

AGLO 1974 No. 6 >  January 15, 1974
MOTOR VEHICLES - TAXATION - LEGISLATURE
CONSTITUTIONALITY OF USING CERTAIN GASOLINE TAX REVENUES FOR OTHER THAN HIGHWAY PURPOSES The legislature may constitutionally authorize counties and cities to impose and collect a license fee on motor vehicles and/or a tax on motor vehicle fuel and to use the revenue collected therefrom for purposes other than "highway purposes" as that term is used and defined in Article II, § 40 (Amendment 18) of the Washington Constitution.
AGLO 1974 No. 8 >  January 18, 1974
MOTOR VEHICLES - LICENSE PLATES - FEES
RENEWAL OF PERSONALIZED LICENSE PLATES If a motor vehicle owner acquired personalized license plates under RCW 46.16.355 prior to the effective date of chapter 200, Laws of 1973, 1st Ex. Sess., such an owner is now required by the provisions of § 7 of this new act to pay an annual renewal fee of $20.00 to retain those previously issued license plates.
AGLO 1974 No. 17 >  February 4, 1974
INDIANS - MOTOR VEHICLES - LICENSE FEES
LICENSING OF MOTOR VEHICLES OWNED BY INDIAN TRIBES The Quinault Tribal Council is not entitled to an exemption from payment of license fees under the provisions of RCW 46.16.020 for those vehicles owned by the Council and operated by the Tribe for the benefit of persons living within the boundaries of the Quinault Reservation whether Indian or non-Indian.
AGLO 1973 No. 31 >  February 28, 1973
MOTOR VEHICLES - EXCISE TAXES - DISTRIBUTION - APPROPRIATION
MOTOR VEHICLES ‑- EXCISE TAXES ‑- DISTRIBUTION ‑- APPROPRIATION Three questions relating to the use and distribution of motor vehicle excise taxes imposed by municipalities and collected by the state for local public transportation under RCW 35.58.272, et seq.; effect of appropriation upon mandatory distribution formula; ability of legislature to provide for different uses of funds by amendment.
AGLO 1974 No. 32 >  March 15, 1974
TAXATION - MOTOR VEHICLES - GASOLINE - HIGHWAYS
BICYCLE PATHS To the extent that House Bill No. 1295 (chapter 141, Laws of 1974, 1st Ex. Sess.) is constitutionally valid, it permits municipalities to use gasoline tax revenues for the construction of bicycle paths.
AGLO 1974 No. 41 >  April 3, 1974
OFFICES AND OFFICERS - STATE - URBAN ARTERIAL BOARD - CITIES AND TOWNS - MOTOR VEHICLES - HIGHWAYS - FUNDS
BAY FREEWAY The city of Seattle may not use moneys in its arterial street fund to repay the urban arterial board for state funds expended by that city in the purchase of right-of-way for the now abandoned Bay Freeway project.
AGLO 1974 No. 46 >  April 15, 1974
MOTOR VEHICLES - POLICE OFFICERS - SHERIFFS - HIGHWAYS - ABANDONED
REMOVAL (1) A police officer may employ the services of a commercial towing truck to move a parked automobile from a highway under RCW 46.61.565. (2) In such a case, the tow truck operator will have a statutory lien against the owner of the automobile for payment of his charges, and will also have a contractual right to payment by the county or city which retained his services if the vehicle involved later turns out to have been abandoned and is not claimed by its owner.
AGLO 1973 No. 91 >  September 5, 1973
MOTOR VEHICLES - LICENSES - HABITUAL TRAFFIC OFFENDERS ACT
MOTOR VEHICLES ‑- LICENSES ‑- HABITUAL TRAFFIC OFFENDERS ACT Where a person who has been adjudged an habitual traffic offender under the Washington habitual traffic offenders act (chapter 46.65 RCW) is thereafter charged with driving a motor vehicle while his license is suspended or revoked, or with driving without a license, the court in which the charge is filed is to transfer the case to the court of record which made that adjudication.
AGLO 1974 No. 90 >  October 30, 1974
MOTOR VEHICLES - LICENSES - MINIBUSES
STATUS OF THE EVERGREEN STATE COLLEGE MINIBUSES RCW 46.20.440, which requires an additional examination and special license endorsement for operators of certain motor vehicles, does not apply to the drivers of minibuses, accommodating twelve to twenty passengers, which are operated by The Evergreen State College and used for various academically-related field trips.
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