Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 82 >

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.

AGO 1959 NO. 88 >

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 1962 NO. 88 >

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 1964 NO. 90 >

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.

AGLO 1974 NO. 90 >

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.

AGLO 1973 NO. 91 >

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.

AGO 1964 NO. 94 >

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. 95 >

(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 1966 NO. 98 >

(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 1964 NO. 102 >

(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.