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SUBJECTS › TRANSPORTATION › Model Traffic Ordinance
Published 03/05

Model Traffic Ordinance

Contents

About the Model Traffic Ordinance

The Washington Legislature first enacted the Washington Model Traffic Ordinance in 1975 and it was codified in Ch. 46.90.  In 1993 the legislature directed that the Model Traffic Ordinance be changed from a statutory process to an administrative rule-making process.  The MTO is  now contained in the Washington Administrative Code, Ch. 308-330 WAC.   The Department of Licensing, in consultation with the Washington State Patrol and the Traffic Safety Commission, must periodically update the MTO.

The Washington Model Traffic Ordinance was developed in response to the pressing need of many cities, towns, and counties to have an economical and effective way of keeping their traffic ordinances up-to-date.  Local jurisdictions do not have to adopt individual state traffic laws every time the state laws are amended if they have adopted the MTO by reference.

Washington's MTO  was based on the Model Traffic Ordinance of the National Committee on Uniform Traffic Laws and Ordinance,  a private, non-profit membership organization dedicated to providing uniformity of traffic laws and regulations through the timely dissemination of information and model legislation on traffic safety issues.   In 1972 the  Washington Traffic Safety Commission contracted Municipal Research and Services Center for a federally funded project  to compare the Uniform Code with the state's motor vehicle laws and prepare a model traffic ordinance that could be adopted by reference by cities, towns and counties.

Basically, the MTO is a uniform compilation of traffic laws which may be adopted by reference by a Washington city, town or county.  Any jurisdiction which adopts the MTO may at any time exclude any section or sections from the MTO which it does not desire to include in its local traffic ordinance.   It may also add additional sections, if desired,  to complete the local traffic ordinance.

A unique feature that make the MTO most effective for local governments is the specific provision (RCW 46.90.010) which provides that whenever the state legislature amends any section of the MTO, these changes will be automatically be reflected in the local traffic ordinance that has adopted the MTO by reference.  It is not necessary for any local legislative action to occur in order for these amendments to be effective in the local jurisdiction.  Therefore it is not necessary for every city, town or county that has adopted the MTO to review all their traffic enactments after each legislative session in order to keep up-to-date with state legislative traffic laws.  However, if a jurisdiction has written additional provisions to its traffic ordinances, they should be reviewed for conflicts with any newly enacted MTO provisions.

It is extremely important when adopting the MTO to follow the exact statutory procedures included in the adoption by reference statutes.  Failure to do so may invalidate the provisions.    These statutes are located in RCW 35A.12.140 for code cities, RCW 35.21.180 for cities and towns other than code cities, and RCW 36.32.120(7) for counties.

Statutes

Reference

  • Washington Model Traffic Ordinance Update, by Patrick Mason.  Legal Notes, MRSC Information Bulletin No. 486, April 1994 - Outlines legislative changes making the MTO an administrative procedure.
  • Washington Model Traffic Ordinance, MRSC Report No. 55, April 2002 - Lists statutes adopted by reference in the MTO published for convenience of jurisdictions needing separately published  copy.
  • Bothelll v. Gutschmidt, 78 Wn. App. 654 (1995) - Appellants challenged the validity of a city's ordinance that adopted portions of the Washington Model Traffic Ordinance (MTO) by reference. The District Court ordered dismissal of the DWI charges against the appellants ruling that the city clerk's failure to authenticate, record, and file appropriate copies of the MTO invalidated the ordinance