RCW 46.63.110
Monetary penalties.
(1) A person found to
have committed a traffic infraction shall be assessed a monetary
penalty. No penalty may exceed two hundred and fifty dollars for
each offense unless authorized by this chapter or title.
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b)
RCW 46.61.210(1) is five hundred dollars for each offense. No
penalty assessed under this subsection (2) may be reduced.
(3) The supreme court shall prescribe by rule a schedule of
monetary penalties for designated traffic infractions. This rule
shall also specify the conditions under which local courts may
exercise discretion in assessing fines and penalties for traffic
infractions. The legislature respectfully requests the supreme
court to adjust this schedule every two years for inflation.
(4) There shall be a penalty of twenty-five dollars for
failure to respond to a notice of traffic infraction except where
the infraction relates to parking as defined by local law,
ordinance, regulation, or resolution or failure to pay a monetary
penalty imposed pursuant to this chapter. A local legislative
body may set a monetary penalty not to exceed twenty-five dollars
for failure to respond to a notice of traffic infraction relating
to parking as defined by local law, ordinance, regulation, or
resolution. The local court, whether a municipal, police, or
district court, shall impose the monetary penalty set by the
local legislative body.
(5) Monetary penalties provided for in chapter 46.70 RCW
which are civil in nature and penalties which may be assessed for
violations of chapter 46.44 RCW relating to size, weight, and
load of motor vehicles are not subject to the limitation on the
amount of monetary penalties which may be imposed pursuant to
this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment, or
other monetary obligation is imposed by a court under this
chapter it is immediately payable. If the court determines, in
its discretion, that a person is not able to pay a monetary
obligation in full, and not more than one year has passed since
the later of July 1, 2005, or the date the monetary obligation
initially became due and payable, the court shall enter into a
payment plan with the person, unless the person has previously
been granted a payment plan with respect to the same monetary
obligation, or unless the person is in noncompliance of any
existing or prior payment plan, in which case the court may, at
its discretion, implement a payment plan. If the court has
notified the department that the person has failed to pay or
comply and the person has subsequently entered into a payment
plan and made an initial payment, the court shall notify the
department that the infraction has been adjudicated, and the
department shall rescind any suspension of the person's driver's
license or driver's privilege based on failure to respond to that
infraction. "Payment plan," as used in this section, means a
plan that requires reasonable payments based on the financial
ability of the person to pay. The person may voluntarily pay an
amount at any time in addition to the payments required under the
payment plan.
(a) If a payment required to be made under the payment plan
is delinquent or the person fails to complete a community
restitution program on or before the time established under the
payment plan, unless the court determines good cause therefor and
adjusts the payment plan or the community restitution plan
accordingly, the court shall notify the department of the
person's failure to meet the conditions of the plan, and the
department shall suspend the person's driver's license or driving
privilege until all monetary obligations, including those imposed
under subsections (3) and (4) of this section, have been paid,
and court authorized community restitution has been completed, or
until the department has been notified that the court has entered
into a new time payment or community restitution agreement with
the person.
(b) If a person has not entered into a payment plan with the
court and has not paid the monetary obligation in full on or
before the time established for payment, the court shall notify
the department of the delinquency. The department shall suspend
the person's driver's license or driving privilege until all
monetary obligations have been paid, including those imposed
under subsections (3) and (4) of this section, or until the
person has entered into a payment plan under this section.
(c) If the payment plan is to be administered by the court,
the court may assess the person a reasonable administrative fee
to be wholly retained by the city or county with jurisdiction.
The administrative fee shall not exceed ten dollars per
infraction or twenty-five dollars per payment plan, whichever is
less.
(d) Nothing in this section precludes a court from
contracting with outside entities to administer its payment plan
system. When outside entities are used for the administration of
a payment plan, the court may assess the person a reasonable fee
for such administrative services, which fee may be calculated on
a periodic, percentage, or other basis.
(e) If a court authorized community restitution program for
offenders is available in the jurisdiction, the court may allow
conversion of all or part of the monetary obligations due under
this section to court authorized community restitution in lieu of
time payments if the person is unable to make reasonable time
payments.
(7) In addition to any other penalties imposed under this
section and not subject to the limitation of subsection (1) of
this section, a person found to have committed a traffic
infraction shall be assessed:
(a) A fee of five dollars per infraction. Under no
circumstances shall this fee be reduced or waived. Revenue from
this fee shall be forwarded to the state treasurer for deposit in
the emergency medical services and trauma care system trust
account under RCW 70.168.040;
(b) A fee of ten dollars per infraction. Under no
circumstances shall this fee be reduced or waived. Revenue from
this fee shall be forwarded to the state treasurer for deposit in
the Washington auto theft prevention authority account; and
(c) A fee of two dollars per infraction. Revenue from this
fee shall be forwarded to the state treasurer for deposit in the
traumatic brain injury account established in RCW 74.31.060.
(8)(a) In addition to any other penalties imposed under this
section and not subject to the limitation of subsection (1) of
this section, a person found to have committed a traffic
infraction other than of RCW 46.61.527 or 46.61.212 shall be
assessed an additional penalty of twenty dollars. The court may
not reduce, waive, or suspend the additional penalty unless the
court finds the offender to be indigent. If a court authorized
community restitution program for offenders is available in the
jurisdiction, the court shall allow offenders to offset all or a
part of the penalty due under this subsection (8) by
participation in the court authorized community restitution
program.
(b) Eight dollars and fifty cents of the additional penalty
under (a) of this subsection shall be remitted to the state
treasurer. The remaining revenue from the additional penalty
must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state
treasurer must be deposited in the state general fund. The
balance of the revenue received by the county or city treasurer
under this subsection must be deposited into the county or city
current expense fund. Moneys retained by the city or county
under this subsection shall constitute reimbursement for any
liabilities under RCW 43.135.060.
(9) If a legal proceeding, such as garnishment, has
commenced to collect any delinquent amount owed by the person for
any penalty imposed by the court under this section, the court
may, at its discretion, enter into a payment plan.
(10) The monetary penalty for violating RCW 46.37.395 is:
(a) Two hundred fifty dollars for the first violation; (b) five
hundred dollars for the second violation; and (c) seven hundred
fifty dollars for each violation thereafter.
[2010 c 252 § 5; 2009 c 479 § 39. Prior: 2007 c 356 § 8; 2007 c 199 § 28; prior: 2005 c 413 § 2; 2005 c 320 § 2; 2005 c 288 § 8; 2003 c 380 § 2. Prior: 2002 c 279 § 15; 2002 c 175 § 36; 2001 c 289 § 2; 1997 c 331 § 3; 1993 c 501 § 11; 1986 c 213 § 2; 1984 c 258 § 330; prior: 1982 1st ex.s. c 14 § 4; 1982 1st ex.s. c 12 § 1; 1982 c 10 § 13; prior: 1981 c 330 § 7; 1981 c 19 § 6; 1980 c 128 § 4; 1979 ex.s. c 136 § 13.]
NOTES:
Rules of court: Monetary penalty schedule -- IRLJ 6.2.
Effective date -- 2010 c 252: See note following RCW 46.61.212.
Effective date -- 2009 c 479: See note following RCW 2.56.030.
Short title -- 2007 c 356: See note following RCW 74.31.005.
Findings -- Intent -- Short title -- 2007 c 199: See notes following RCW 9A.56.065.
Effective date -- 2005 c 288: See note following RCW 46.20.245.
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Effective date -- 1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010.
Intent -- 1984 c 258: See note following RCW 3.34.130.
Effective date -- Severability -- 1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Severability -- 1982 c 10: See note following RCW 6.13.080.
Severability -- 1981 c 330: See note following RCW 3.62.060.
Severability -- 1981 c 19: See note following RCW 46.63.020.
Effective date -- Severability -- 1980 c 128: See notes following RCW 46.63.060.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.