Monte Simpson [ARRL] -- WA Distracted Driving Laws Now in RCWs (REPOST Dec 11, 2017)

Original Post: Monte Simpson [ARRL] -- WA Distracted Driving Laws Now in RCWs (10-05-2017)

WA Distracted Driving Laws Now in RCWs

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from: ARRL Western Washington Section
Section Manager: Monte L Simpson, AF7PQ
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The WA State legislation in SHB1371 and SB5289
have been codified into the
Revised Code of Washington Chapter 46.61.

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+ IMPORTANT +
Print out these RCWs and keep in vehicle to show any
Traffic Officer BEFORE mistakenly issuing you a BOGUS ticket!
[K7LWA]
Both laws may be found on line at:
http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.672
http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.673
(It is necessary to cut and paste the full URL into your web browser or to retype the URL.)
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RCW 46.61.672 (for the amateur radio exclusion see (5) (b)
Using a personal electronic device while driving.
    (1) A person who uses a personal electronic device while driving a motor
vehicle on a public highway is guilty of a traffic infraction and must
pay a fine as provided in RCW 46.63.110(3).
    (2) Subsection (1) of this section does not apply to:
        (a) A driver who is using a personal electronic device to contact
emergency services;
        (b) The use of a system by a transit system employee for time-sensitive
relay communication between the transit system employee and the transit
system's dispatch services;
        (c) An individual employed as a commercial motor vehicle driver who uses
a personal electronic device within the scope of such individual's
employment if such use is permitted under 49 U.S.C. Sec. 31136 as it
existed on July 23, 2017; and
        (d) A person operating an authorized emergency vehicle.
    (3) The state preempts the field of regulating the use of personal
electronic devices in motor vehicles while driving, and this section
supersedes any local laws, ordinances, orders, rules, or regulations
enacted by any political subdivision or municipality to regulate the use
of a personal electronic device by the operator of a motor vehicle.
    (4) A second or subsequent offense under this section is subject to two
times the penalty amount under RCW 46.63.110.
    (5) For purposes of this section:
        (a) "Driving" means to operate a motor vehicle on a public highway,
including while temporarily stationary because of traffic, a traffic
control device, or other momentary delays. "Driving" does not include
when the vehicle has pulled over to the side of, or off of, an active
roadway and has stopped in a location where it can safely remain
stationary.
        (b) "Personal electronic device" means any portable electronic device
that is capable of wireless communication or electronic data retrieval
and is not manufactured primarily for hands-free use in a motor vehicle.
"Personal electronic device" includes, but is not limited to, a cell
phone, tablet, laptop, two-way messaging device, or electronic game.
"Personal electronic device" does not include two-way radio, citizens
band radio, or amateur radio equipment.
        (c) "Use" or "uses" means:
        (i) Holding a personal electronic device in either hand or both hands;
        (ii) Using your hand or finger to compose, send, read, view, access,
browse, transmit, save, or retrieve email, text messages, instant
messages, photographs, or other electronic data; however, this does not
preclude the minimal use of a finger to activate, deactivate, or
initiate a function of the device;
        (iii) Watching video on a personal electronic device.

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As a point of reference, there is a new
RCW 46.61.673 -- Dangerously Distracted Driving.
There are no exclusions for this statute.
This law is considered for secondary enforcement,
and that is discussed in the law.

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RCW 46.61.673 - Dangerously distracted driving.
    (1)(a) It is a traffic infraction to drive dangerously distracted. Any
driver who commits this infraction must be assessed a base penalty of
thirty dollars.
    (b) Enforcement of the infraction of driving dangerously distracted may
be accomplished only as a secondary action when a driver of a motor
vehicle has been detained for a suspected violation of a separate
traffic infraction or an equivalent local ordinance.
    (c) For the purposes of this section, "dangerously distracted" means a
person who engages in any activity not related to the actual operation
of a motor vehicle in a manner that interferes with the safe operation
of such motor vehicle on any highway.
    (2) The additional monetary penalty imposed under this section must be
deposited into the distracted driving prevention account created in
subsection (3) of this section.
    (3) The distracted driving prevention account is created in the state
treasury. All receipts from the base penalty in subsection (1) of this
section must be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account may be
used only to support programs dedicated to reducing distracted driving
and improving driver education on distracted driving.
    [ 2017 c 334 § 3.]

Both laws may be found on line at:
http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.672
http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.673
(It is necessary to cut and paste the full URL into your web browser or to retype the URL.)

I want to once again thank all the amateur radio operators who supported our efforts to get the exclusion for amateur radio in RCW 46.61.672.

We are now approaching several holidays between now and the first of the year. Please drive carefully.
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  ARRL Western Washington Section
Section Manager: Monte L Simpson, AF7PQ


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[BLOG NOTE: Print out the new RCWs from the above links, and keep with you whenever mobile]

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Posted by PSRG FUN BLOG at 10-05-2017 12:00PT
RE-Posted by PSRG FUN BLOG at 12-11-2017 09:30PT 

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