Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 9 >

Under current Washington law, the Department of Licensing has no authority to require the licensing of boats owned by Washington residents but used exclusively on waters outside the boundaries of the state.

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 1990 NO. 10 >

RCW 13.40.265(2)(a) provides that if a juvenile enters into a diversion agreement with a diversion unit concerning certain offenses, the Department of Licensing shall be notified.  Once notified RCW 46.20.265 requires the Department to revoke the driver's license of the juvenile.  These provisions do not apply when the diversion unit employs the counsel and release procedure authorized by RCW 13.40.080(11) instead of entering into a diversion agreement.