Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1979 NO. 1 >

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 1981 NO. 1 >

(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 2001 NO. 2 >

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 1981 NO. 2 >

(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 1972 NO. 3 >

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 2003 NO. 3 >

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 1981 NO. 4 >

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.

AGLO 1975 NO. 4 >

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.

AGO 1982 NO. 4 >

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.