Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 4 >

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.

AGO 1982 NO. 5 >

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.

AGLO 1974 NO. 6 >

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 1979 NO. 7 >

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 1974 NO. 8 >

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.

AGO 1968 NO. 9 >

(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 1993 NO. 9 >

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 1979 NO. 9 >

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 1991 NO. 10 >

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 1970 NO. 12 >

(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.