IRLJ 6.1: TIME

Time shall be computed or enlarged as provided in CRLJ 6, except that the time in which to respond to the notice of infraction under rule 2.4 and the time in which to file an appeal may not be enlarged.

IRLJ 6.2: MONETARY PENALTY SCHEDULE FOR INFRACTIONS

(a) Effect of Schedule. The penalty for any infraction listed in this rule may not be changed by local court rule. The court may impose on a defendant a lesser penalty in an individual case. Provided that, whenever the base penalty plus statutory assessments results in a total payment that is not an even dollar amount, the base penalty is deemed to be amended to a higher amount which produces the next greatest even dollar total.

(b) Unscheduled Infractions. The penalty for any infraction not listed in this rule shall be $48, not including statutory assessments. A court may, by local court rule, provide for a different penalty.

(c) Infractions Not Covered. This schedule does not apply to penalties for parking, standing, stopping, or pedestrian infractions established by municipal or county statute. Penalties for those infractions are established by statute or local court rule, but shall be consistent with the philosophy of these rules.

(d) Penalty Schedule. The following infractions shall have the penalty listed, not including statutory assessments.

(1) Traffic Infractions and Base Penalty

• Second Degree Negligent Driving (RCW 46.61.525) $250
• Wrong way on freeway (RCW 46.61.150) $188
• Wrong way on freeway access (RCW 46.61.155) $93
• Backing on limited access highway (RCW 46.61.605) $93
• Spilling or failure to secure load (RCW 46.61.655) $93
• Throwing or depositing debris on highway (RCW 46.61.645) $93
• Disobeying school patrol (RCW 46.61.385) $93
• Passing stopped school bus (with red lights flashing) (RCW 46.61.370) $93
• Violation of posted road restriction (RCW 46.44.080; RCW 46.44.105) $188
• Switching license plates, loan of license or use of another's (RCW 46.16A) $93
• Altering or using altered license plates (RCW 46.16A.200) $93
• Operator's Licenses (RCW 46.20) No Valid Driver's License (With Identification) $250
• All other RCW 46.20 infractions $48

Vehicle Licenses (RCW 46.16A):

• Expired Vehicle License (RCW 46.16A.030):
• Two months or less $48
• Over 2 months $93

Speeding (RCW 46.61.400) if speed limit is over 40 m.p.h.

• 1-5 m.p.h. over limit $33
• 6-10 m.p.h. over limit $43
• 11-15 m.p.h. over limit $58
• 16-20 m.p.h. over limit $73
• 21-25 m.p.h. over limit $88
• 26-30 m.p.h. over limit $108
• 31-35 m.p.h. over limit $133
• 36-40 m.p.h. over limit $158
• Over 40 m.p.h. over limit $188

Speeding if speed limit is 40 m.p.h. or less

• 1-5 m.p.h. over limit $43
• 6-10 m.p.h. over limit $48
• 11-15 m.p.h. over limit $63
• 16-20 m.p.h. over limit $83
• 21-25 m.p.h. over limit $108
• 26-30 m.p.h. over limit $133
• 31-35 m.p.h. over limit $158
• Over 35 m.p.h. over limit $188

Speed Too Fast for Conditions (RCW 46.61.400(1)) $48

Rules of the Road

• Failure to stop (RCW 46.61.050) $48
• Failure to stop on approach of emergency vehicle (RCW 46.61.210) $500
• Failure to yield the right of way (RCW 46.61.180, 185, .190, .205, .235, .300, .365) $48
• Failure to yield the right of way on approach of emergency vehicle (RCW 46.61.210) $500
• Following too close (RCW 46.61.145, .635) $48 Failure to signal (RCW 46.61.310) $48
• Improper lane usage or travel (RCW 46.61.140) $48
• Impeding traffic (RCW 46.61.425) $48
• Improper passing (RCW 46.61.110, .115, .120, .125, .130) $48
• Prohibited and improper turn (RCW 46.61.290, .295, .305) $48
• Crossing double yellow line left of center line (RCW 46.61.100, .130, .140) $48
• Operating with obstructed vision (RCW 46.61.615) $48
• Wrong way on one-way street (RCW 46.61.135) $48
• Failure to comply with restrictive signs (RCW 46.61.050) $48

Accident

• If an accident occurs in conjunction with any of the listed rules-of-the-road infractions or speed too fast for conditions, the penalty for the infraction shall be: $73

Equipment (RCW 46.37)

• Illegal use of emergency equipment (RCW 46.37.190) $93
• Defective or modified exhaust systems, mufflers, prevention of noise and smoke (RCW 46.37.390(1) and (3))
• First offense (the penalty may be waived upon proof to the court of compliance) $53
• Second offense within 1 year of first offense $73
• Third and subsequent offenses within 1 year of first offense $93
• Any other equipment infraction (RCW 46.37.010) $48

Motorcycles

• Any infraction relating specifically to motorcycles (including no valid endorsement, RCW 46.20.500) $48

Parking

• Illegal parking on roadway (RCW 46.61.560) $30
• Any other parking infraction (not defined by city or county ordinance) $20

Pedestrians

• Any infraction regarding pedestrians (not defined by city or county ordinance) $33

Bicycles

• Any infraction regarding bicycles $38

Load Violations (all under RCW 46.44, except over license capacity) (see RCW 46.16A)

• Over legal--tires, wheelbase (RCW 46.44.105(1)) (First offense) $78 (Second offense) $108 (Third offense) $123
• Over license capacity (RCW 46.16.545) (First offense) $63 (Second offense) $108 (Third offense) $123
• Violation of special permit $73
• Failure to obtain special permit $73
• Failure to submit to being weighed $73
• Illegal vehicle combination (RCW 46.44.036) $73
• Illegally transporting mobile home $78
• Any other infraction defined in RCW 46.44 $58

Violation of Federal Motor Carrier Safety Regulations (RCW 46.32.010)

• Logbook/Medical Certificate $75
• Equipment/All Others $48

Private Carrier (RCW 46.73)

• Failure to display valid medical exam $75
• Violation of daily log book
• Driver not out of service $75
• Driver out of service $101

Off-Road Vehicles (ATVs) (RCW 46.09) Any RCW 46.09 infraction $53

Snowmobiles (RCW 46.10) Any RCW 46.10 infraction $53

Failure to provide proof of motor vehicle insurance (RCW 46.30.020) $250

(2) Commercial Vehicle Infractions (WAC 480)

• Defective Equipment/Driver Safety (auto transp.) $48
• Commercial Vehicle License (auto transp.) $48
• Defective Equipment/Driver Safety (charter/excursion bus) $48
• Commercial Vehicle License (charter/excursion bus) $48
• Defective Equipment/Driver Safety (solid waste transp.) $48
• Commercial Vehicle License (solid waste transp.) $48
• Failure To Have Proof of Insurance (RCW 81.80.190) $250
• Defective Equipment/Driver Safety $48
• Commercial Vehicle License $48
• Defective Equipment/Driver Safety (limousine) $48 Commercial Vehicle License (limousine) $48

(3) Parks and Recreation Infractions

• Display of Snowmobile Registration Number, Decals, and Validation Tabs (WAC 308-94-050) $61
• Off-Road Vehicle Traffic Prohibited (WAC 332-52) $48
• Travel Off-Road or Off-Trail (WAC 332-52) $48
• Spark-Arresting Muffler Required (WAC 332-52) $48
• Yield Right of Way to: Log Hauling and Gravel Trucks (WAC 332-52) $48
• Yield Right of Way to: Animal-Drawn Vehicles/Persons Riding Animals (WAC 332-52) $48
• Following Closer Than 150 Feet (WAC 332-52) $48
• Moving Through Livestock Herd Without Direction (WAC 332-52) $48
• Parking on the Traveled Portion of the Roadway (WAC 332-52) $30
• Excessively Rev Vehicle Engine (WAC 332-52) $48
• Driving/Parking Vehicles (WAC 332-52) $48
• Bicycles/Motorbikes/Motorcycles on Posted Trails (WAC 332-52) $48
• Driving Motor Vehicle in Camp (WAC 332-52) $48
• Moorage and Use of Marine Facilities (WAC 352-12-010) $48
• Moorage Fees (WAC 352-12-020) $48
• Seasonal Permits (WAC 352-12-030) $48
• Use of Onshore Campsites (WAC 352-12-040) $48
• Self-Registration (WAC 352-12-050) $73
• Parking (WAC 352-20-010) $24
• Motor Vehicles on Roads and Trails (WAC 352-20-020) $73
• Speed Limits (WAC 352-20-030) $48
• Vehicles in Snow Areas (WAC 352-20-040) $73
• Trucks and Commercial Vehicles (WAC 352-20-050) $48
• Camping (WAC 352-32-030) $73
• Campsite Reservation (WAC 352-32) $48
• Picnicking (WAC 352-32-040) $48
• Park Periods (Unlawful Entry) (WAC 352-32-050) $73
• Park Capacities (WAC 352-32-053) $48
• Peace and Quiet (WAC 352-32-056) $73
• Pets (WAC 352-32-060) $48
• Horseback Riding (WAC 352-32-070) $48
• Use of Nonmotorized Cycles or Similar Devices in State Parks (WAC 352-32-075) $48
• Swimming (WAC 352-32-080) $48
• Games (WAC 352-32-090) $48
• Disrobing (WAC 352-32-100) $48
• Tents, etc., on Beaches (WAC 352-32-110) $48
• Lakes Located Wholly Within State Park Boundaries—Internal Combustion Engines Prohibited (WAC 352-32-155) $48
• Lakes located Partially Within State Park Boundaries—Internal Combustion Engines Prohibited (WAC 352-32-157) $48
• Solicitation (WAC 352-32-195) $73
• Intoxication in State Park Areas (WAC 352-32-220) $148
• Food and Beverage Containers on Swimming Beaches (WAC 352-32-230) $48
• Use of Metal Detectors in State Parks (WAC 352-32-235) $48
• Self-Registration (WAC 352-32-255) $73
• Sno-Park Permit (WAC 352-32-260) $48
• Sno-Park Permit Display (WAC 352-32-265) $48
• Vehicular Traffic--Where Permitted--Generally (WAC 352-37-030) $73
• Equestrian Traffic (WAC 352-37-080) $48
• Pedestrians To Be Granted Right of Way (WAC 352-37-090) $48
• Beach Parking (WAC 352-37-090) $48
• Overnight Parking or Camping Prohibited (WAC 352-37-110) $73
• Speed Limits (WAC 352-37-130) $48

(4) Boating Infractions

• Operating Vessel in Negligent Manner (RCW 79A.60.030) $173
• No Personal Flotation Device (PFD) on Vessel for Each Person (RCW 79A.60.160(1)) $48
• Personal Flotation Device Not the Appropriate Size (RCW 79A.60.160(1)) $48
• Personal Flotation Device Not Readily Accessible (RCW 79A.60.160(1)) $48
• Observer Required on Board Vessel (RCW 79A.60.170(2)) $48
• Observer To Continuously Observe (RCW 79A.60.170(2)) $48
• Failure To Display Skier Down Flag (RCW 79A.60.170(2)) $48
• Flag/Pole Not to Specifications (RCW 79A.60.170(2)) $48
• Observer Does Not Meet Minimum Qualifications (RCW 79A.60.170(3)) $73
• Water Skier Not Wearing Personal Flotation Device (RCW 79A.60.170(4)) $73
• Overloading of Vessel Beyond Safe Carrying Ability (RCW 79A.60.180(1)) $123
• Carrying Passengers in Unsafe Manner (RCW 79A.60.180(1)) $73
• Overpowering of Vessel Beyond Vessel's Ability To Operate Safely (RCW 79A.60.180(2)) $123
• Person Not Wearing Personal Flotation Device (PFD) on Personal $73

Watercraft (RCW 79A.60.190(1))

• Failure To Give Accident Information to Law Enforcement (RCW 79A.60.200(1)) $123
• Motor Propelled Vessels Without Effective Muffler in Good Working Order and Constant Use (RCW 79A.60.130(1)) $48
• Sound Level in Excess of 90 Decibels for Engines Made Before 1/1/94 Using Stationary Test (RCW 79A.60.130(1)) $48
• Sound Level in Excess of 88 Decibels for Engines Made on or After 1/1/94 Using Stationary Test (RCW 79A.60.130(1)) $48
• Sound Level in Excess of 75 Decibels Using Shoreline Test (RCW 79A.60.130(3)) $48 Removing, Altering or Modifying Muffler or Muffler System (RCW 79A.60.130(7)) $48
• Manufacturing, Selling, or Offering for Sale Any Vessel Equipped With Noncomplying Muffler or Muffler System (RCW 79A.60.130(8)) $73
• Vessel Exemption/Exception for Competing in Racing Events Carried on Board Operating Vessel (RCW 79A.60.130(8)) $48
• Personal Flotation Devices (PFDs) (WAC 352-60-030) $48
• Visual Distress Signals (WAC 352-60-040) $48
• Ventilation (WAC 352-60-050) $48
• Navigation Lights and Sound Signals (WAC 352-60-060) $48
• Steering and Sailing (WAC 352-60-070) $48
• Fire Extinguishing Equipment (WAC 352-60-080) $48
• Backfire Flame Control (WAC 352-60-090) $48 Liquefied Petroleum Gas (WAC 352-60-100) $48
• Canadian Vessels (WAC 352-60-110) $48

(5) Fish and Wildlife Infractions

• Fish for Personal Use – Barbed Hooks (RCW 77.15.160(1)(a)) $48
• Fail to Immediately Record Fish/Shellfish Catch (RCW 77.15.160(1)(b)) $48
• Fail to Return Catch Record Card (RCW 77.15.160(1)(c)) $39
• Recreational Fishing – License not with Person (no fish/shellfish possession) (RCW 77.15.160(1)(d)(i)) $73
• Recreational Fishing – Rule Violation (no fish/shellfish possession) (RCW 77.15.160(1)(d)(ii)) $73
• Seaweed – License not with Person (<2x daily limit) (RCW 77.15.160(1)(e)(i)) $48
• Seaweed – Rule violation (<2x daily limit) (RCW 77.15.160(1)(e) (ii)) $48
• Unclassified Fish/Shellfish (not game fish, food fish, shellfish, Or endangered/protected fish) (RCW 77.15.160(1)(f)) $73
• Wasting Fish/Shellfish (<$250) (RCW 77.15.160(1)(g)) $48
• Harm Bird Eggs/Nests (not endangered/protected wild birds) (RCW 77.15.160(2)(a)) $97
• Unclassified Wildlife (not big game, game animals, game birds, or endangered/protected wildlife) (RCW 77.15.160(2)(b)) $73
• Wasting Wildlife (not big game) (<$250) (RCW 77.15.160(2)(c)) $73
• Hunting Wild Animals (not big game)—License not with Person (no wild animal possession) (RCW 77.15.160(2)(d)) $73
• Hunting Wild Birds – License not with Person (no wild bird Possession) (RCW 77.15.160(2)(e)(i)) $73
• Hunting Wild Birds – Rule Violation (no wild bird possession) (RCW 77.15.160(2)(e)(ii)) $73
• Taxidermist/Fur Dealer/Wildlife Meat Cutter – Fail to Maintain Records (RCW 77.15.160(3)(a)(i)) $122
• Taxidermist/Fur Dealer/Wildlife Meat Cutter – Fail to Report Information (RCW 77.15.160(3)(a)(ii)) $73
• Trapper – Fail to Report Trapping Activity (RCW 77.15.160(3)(b)) $73
• Contest Violation (RCW 77.15.160(4)(a)) $146
• Violate Other Infraction Rules (RCW 77.15.160(4)(b)) $73
• Posting Signs (RCW 77.15.160(4)(c)) $122
• Scientific Permit Violation (not big game/big game parts) – Violate Permit Terms or Conditions (RCW 77.15.160(4)(d)(i)) $122
• Scientific Permit Violation (not big game/big game parts) – Violate Rule re: Permit Issuance or Use (RCW 77.15.160(4)(d)(ii)) $122
• Transporting Aquatic Plants (RCW 77.15.160(4)(e)) $73
• Violate Distance/Feeding Prohibitions for Southern Resident Orca Whales (RCW 77.15.740) $500
• Negligently Feed/Attempt to Feed Large Wild Carnivores (RCW 77.15.790) $73

[Adopted effective September 1, 1992; amended effective June 25, 1993; May 1, 1994; August 15, 1995; June 5, 1996; December 28, 1999; July 22, 2001; August 2, 2005; April 30, 2007; December 10, 2013; July 1, 2015.]

IRLJ 6.3: TITLE AND CITATION OF RULES

These rules may be known and cited as Infraction Rules for Courts of Limited Jurisdiction. IRLJ is the official abbreviation.

IRLJ 6.4: EFFECTIVE DATE

These rules shall apply to all infraction cases in which the infraction occurred on or after September 1, 1992.

IRLJ 6.5: RULES SUPERSEDED

The Justice Court Traffic Infraction Rules originally effective January 1, 1981, are superseded by these rules, except that the Justice Court Traffic Infraction Rules shall be applicable to any traffic offense occurring before September 1, 1992.

IRLJ 6.6: SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION CERTIFICATION

(a) In General. This rule applies only to contested hearings in traffic infraction cases.

(b) Speed Measuring Device Certificate; Form. In the absence of proof of a request on a separate pleading to produce an electronic or laser speed measuring device (SMD) expert served on the prosecuting authority and filed with the clerk of the court at least 30 days prior to trial or such lesser time as the court deems proper, a certificate in substantially the following form is admissible in lieu of an expert witness in any court proceeding in which the design and construction of an electronic or laser speed measuring device (SMD) is an issue:

CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION OF ELECTRONIC SPEED MEASURING DEVICES OR LASER SPEED MEASURING DEVICES

I, ____________________ do certify under penalty of perjury as follows:

I am employed with _______________ as a _______________. I have been employed in such a capacity for _______________ years. Part of my duties include supervising the maintenance and repair of all electronic and laser speed measuring devices (SMD's) used by _______________ (name of agency).

This agency currently uses the following SMD's:

(List all SMD's used and their manufacturers and identify which SMDs use laser technology.)

I have the following qualifications with respect to the above stated SMD's: (List all degrees held and any special schooling regarding the SMD's listed above.)

This agency maintains manuals for all of the above stated SMD's. I am personally familiar with those manuals and how each of the SMD's are designed and operated. On __________ (date) testing of the SMD's was performed under my direction. The units were evaluated to meet or exceed existing performance standards. This agency maintains a testing and certification program. This program requires:

(State the program in detail.)

Based upon my education, training, and experience and my knowledge of the SMD's listed above, it is my opinion that each of these electronic pieces of equipment is so designed and constructed as to accurately employ the Doppler effect in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator or, in the case of the laser SMDs, each of these pieces of equipment is so designed and constructed as to accurately employ measurement techniques based on the velocity of light in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator.

___________________________________ (Signature)

Dated: ____________________________

(c) Continuance. The court at the time of the formal hearing shall hear testimony concerning the infraction and, if necessary, may continue the proceedings for the purpose of obtaining evidence concerning an electronic speed measuring device and the certification thereof. If, at the time it is supplied, the evidence is insufficient, a motion to suppress the readings of such device shall be granted.

(d) Maintaining Certificates as Public Records. Any certificate, affidavit or foundational evidentiary document allowed or required by this rule can be filed with the court and maintained by the court as a public record. The records will be available for inspection by the public. Copies will be provided on request. The court may charge any allowable copying fees. The records are available without a formal request for discovery. The court is entitled to take judicial notice of the fact that the document has been filed with the court. Evidence will not be suppressed merely because there is not a representative of the prosecuting authority present who actually offers the document. Evidence shall be suppressed pursuant to subsection (c) of this rule if the evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required.

[Adopted as JTIR effective January 1, 1981; amended effective September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992; amended effective September 1, 1997; amended effective October 31, 2000; amended effective January 3, 2006.]

IRLJ 6.7: IDENTITY CHALLENGES AND RELIEF FROM JUDGEMENT

(a) Relief from Judgment. A motion to waive or suspend a fine, or to convert a penalty to community restitution, or to vacate a judgment is governed by CRLJ 60(b).

(b) Identity Challenge.

• (1) Right Granted. In addition to the rights granted defendants pursuant to rule 6.7(a), a defendant may move to vacate a judgment that was entered after a failure to respond to a notice of infraction on the basis that he or she was mistakenly identified as the person who allegedly committed the infraction.
• (2) Identity Affidavit. A defendant moving to vacate a judgment for mistaken identification shall file an affidavit or certification under RCW 9A.72.085 with the court in which the infraction was found committed and with the office of the prosecuting authority assigned to the court stating that he or she could not be the person identified by the citing officer as having committed the infraction, citing a factual basis for the assertion and stating that he or she was not served with the notice of infraction.
• (3) Adjudication Pending Hearing. The court may, at its discretion, set aside the default judgment pending the hearing.
• (4) Scheduling of Hearings. An identification hearing shall be scheduled for not less than 14 days and not more than 120 days from the date an identity affidavit is filed unless otherwise agreed by the defendant. The court shall send the defendant written notice of the time, place and date of the hearing within 28 days of the receipt of the request for hearing.
• (5) Hearing Procedure. The court may require the presence of the defendant at the scheduled hearing. At the hearing, identification may be established by methods other than direct identification in court.
• (6) Disposition. If the court determines that the named defendant was the person identified by the citing officer as the person who committed the infraction or was served with the notice of infraction, the infraction shall remain committed or be re-adjudicated as committed.

[Adopted effective September 1, 1994; amended effective January 3, 2006; amended effective February 28, 2006.]