Law Table Changes - Washington



Law Table Changes

Penalty Changes

For IT case type, *SW and local law tables (unless court has informed us they will update their IT laws manually or the court is on the list of excluded courts below):

If penalty = $191, or $500 Increase = $9.

If penalty = $71, $81, $91, $112, $122, $132, $153, $157, $163, $173, $194, $210, $255, $276, $321, $327, $538, $563 Increase = $10.

If penalty = $101, $107, $183, $224, $388 Increase = $11.

IT Exceptions:

RCW 46.10.090.1H “Snowmobile No Registration Decal” base penalty set in statute at $40. No Increase in penalty.

RCW 46.16.010.2 “Failure to initially register vehicle” base penalty set in statute at $250. No Increase in penalty.

RCW 46.16.381.7 “Unauth Use of Special Placard” base penalty set in statute at $250. No increase in penalty.

RCW 46.16.381.8 “Unauth use of special placard” base penalty set in statute at $250. No Increase in penalty.

RCW 46.16.381.11 “Obtain Special Placard Unlawfully” base penalty set in statute at $250. No increase in penalty.

RCW 46.20.015 “No Valid Oper License with Valid ID” base penalty set in statute at $250. No Increase in penalty.

RCW 46.30.020 “Op Mot Veh w/out Ins” base penalty set in statute at $250. No Increase in penalty.

RCW 46.37.395 “Compression Brakes-No Muffler” base penalty set in statute (46.63.110(10) at $250. No increase in penalty.

RCW 46.37.495 “Failure to use Safety Chains” base penalty set in statute at $250. No Increase in penalty.

RCW 46.44.105.5a “Failure to rpt for weighing (disabled): base penalty set in statute at $1000. No Increase in penalty.

RCW 46.55.105.2 “Littering Abandoned Vehicle” base penalty set in statute (46.63.110(2)) at $250. No increase in penalty.

RCW 46.61.210 “Fail to Yield to Emergency Vehicle” base penalty set in statute (46.63.110(2)) at $500. No increase in penalty.

RCW 46.61.440 “Speeding in a School Zone” penalty is doubled. Current Bail amount is $177. Unchanged.

RCW 46.61.525 “Negligent Driving Second Degree”: base penalty set in statute at $250. No Increase in penalty.

RCWs 46.61.527.2 and 46.61.527.3 “Speeding in a Construction Zone” penalty is doubled based on speed. Default amount in law table is based on base penalty for “Speeding 5 Over in a >40 MPH Zone” which will go from $22 to $27. Increase = $36 (from $97 to $133, using rounding method recommended by Legal Services and omitting $20 Legislative Assessment per the statute).

RCW 46.61.370 “Passing Stopped School Bus” penalty is doubled. Increase = $19 (from $363 to $382 using rounding method recommended by Legal Services).

For IN case type, *SW law table only (Do NOT change penalties for local IN laws):

If penalty = $52, $103, $257, $513, No increase in penalty. (Class 1, 2, 3, 4 civil infractions, penalty in statute RCW 7.80.120)

If penalty = $46, $66, $109, $128, $183, $230, $269, $333, $431, $523, or $540, Increase = $10.

If penalty = $74, $76, $80, $205, $281, $328, $533, $820, $1,025, $1,558, $2,050, $4,100, or $10,250 Increase = $11.

IN Exceptions:

RCW 16.57.050 “Use Unrecorded Brand” is a Class 1 Civil Penalty , set in statute RCW 7.30.120. No Increase in penalty.

RCW 16.57.110 “Brand Placement and Size” is a Class 1 Civil Penalty , set in statute RCW 7.30.120. No Increase in penalty.

RCW 16.57.200 “Violate Owners Duty-Brand Inspect” is a Class 1 Civil Penalty , set in statute RCW 7.30.120. No Increase in penalty.

RCW 16.57.275 “Trans Carcass or Part w/o Permit” is a Class 1 Civil Penalty , set in statute RCW 7.30.120. No Increase in penalty.

RCW 16.57.350 “Interfere w/ enforcement” is a Class 1 Civil Penalty , set in statute RCW 7.30.120. No Increase in penalty.

The following RCWs have a base penalty set in statute at a maximum of $5,000. Their current total penalty is $10,250. No Increase in penalty:

20.01.038.A3

20.01.040.A3

20.01.040.B3

20.01.040.C3

20.01.040.D3

20.01.040.F3

RCW 66.44.200.2 “Sales to Persons Apparently Under the Influence of Liquor” has a base penalty set in statute at a maximum of $500. The current total penalty is $1025. No Increase in penalty.

RCW 70.93.060.4 “Discard Potentially Dangerous Litter” is a Class I civil infraction. The current total penalty is $1025. No Increase in penalty.

RCWs beginning with 70.160 (smoking violations) base penalty set in statute at a maximum of $100. No increase in penalty.

BARS Code Changes: Summary

For detailed changes to each BARS, see the document JIS2007IncreaseChanges.doc. This is a summary of case type and court requirements for BARS changes to the Law Table.

For IT and IN case types, *SW and local law tables (unless court has informed us they will update their IT laws manually or the court is on the list of excluded courts below):

• Change the old BARS to the new BARS as indicated in JIS2007IncreaseChanges.doc.

• Update these BARS codes even if an IN law has an IT BARS or if an IT law has an IN BARS.

o An attempt will be made to contact ahead of time the courts who have local laws with BARS that are wrongly assigned.

o Exception Reports will NOT include these laws as exceptions.

Excluded Courts

SMC

AUK, BEL, DJD, FWD, ISQ, NED, RDC, SDC, SHO, SWD, SWV

WTC, WIM, ALM, OVM, WWM, LCM, PRM, PD2, PD3, PD4, DTM, LAM, COM, WOM, BMM, CHM, DAM.

Authority for the Above Changes

• 46.63.110 (3) gives the Supreme Court the authority to prescribe a schedule for traffic infractions and also to specify the conditions under which local courts may exercise discretion in assessing fines and penalties.

• IRLJ 6.2 says that the penalty for any infraction listed in the rule may not be changed by local court rule. 

 

Thus the AOC is assisting local courts in complying with the Court Rule by offering to change their local laws.

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