Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1982 NO. 12 >

Identification of the maximum penalties for failure to respond to a notice of a traffic infraction, including local parking violations, under 1982 amendatory legislation.

AGO 1981 NO. 13 >

(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.

AGLO 1974 NO. 17 >

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.

AGO 1980 NO. 17 >

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 2005 NO. 18 >

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 1976 NO. 19 >

(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 .

AGLO 1976 NO. 20 >

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.

AGO 1971 NO. 20 >

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.

AGLO 1982 NO. 24 >

(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.

AGO 1968 NO. 25 >

(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.