Chapter 16.16
Vehicle Licenses

Sections:

16.16.006 Repealed.

16.16.010 Licenses and Plates Required – Penalties – Exceptions.

16.16.011 Allowing Unauthorized Person to Drive – Penalty.

16.16.030 Nonresident Exemption – Reciprocity.

16.16.088 Transfer of License Plates – Penalty.

16.16.090 Gross Weight Fees on Farm Vehicles – Penalty.

16.16.135 Monthly License Fee – Penalty.

16.16.140 Overloading Licensed Capacity – Additional License – Penalties – Exceptions.

16.16.145 Overloading Licensed Capacity – Penalties.

16.16.160 Vehicle Trip Permits – Restrictions and Requirements – Penalty.

16.16.170 Marking Gross Weight on Vehicle.

16.16.180 Unlawful to Carry Passengers For Hire without License.

16.16.240 Attachment of Plates to Vehicles – Violations Enumerated.

16.16.260 License Registration Certificate – Signature Required – Carried in Vehicle – Penalty – Inspection – Exception.

16.16.381 Special Parking Privileges for Disabled Persons – Penalties – Enforcement.

16.16.500 Liability of Operator, Owner, Lessee for Violations.

16.16.505 Campers – License and Plates – Application – Fee.

16.16.595 Personalized License Plates – Transfer or Surrender upon Sale or Release of Vehicle – Penalty.

16.16.006 Repealed.

Repealed.

[Ord. C31398 § 167; Passed: 6/5/1995]

16.16.010 Licenses and Plates Required – Penalties – Exceptions.

1.   It is unlawful for a person to operate any vehicle over and along a public street of this city without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter or RCW chapter 46.16 provided. Failure to make initial registration before operation on the streets of this city is a misdemeanor, and any person convicted thereof must be punished by a fine of not less than three hundred thirty dollars, no part of which may be suspended or deferred. Failure to renew an expired registration before operation on the highways of this city is a traffic infraction.

2.   The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows:

a.   For a first offense, up to one year in the county jail and a fine equal to twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred;

b.   For a second or subsequent offense, up to one year in the county jail and a fine equal to four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred;

c.   For fines levied under (b) of this subsection, an amount equal to the avoided taxes and fees owed will be deposited in the vehicle licensing fraud account created in the state treasury;

d.   The avoided taxes and fees shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion.

3.   These provisions shall not apply to the following vehicles:

a.   Electric-assisted bicycles;

b.   Farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law;

c.   Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing or loading of spray and fertilizer applicator rigs and not used, designed or modified primarily for the purpose of transportation;

d.   Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve; provided further, that these provisions shall not apply to vehicles used the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks;

e.   “Special highway construction equipment” is defined as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either:

i.  are in excess of the legal width, or

ii. which, because of their length, height or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or

iii. which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface.

Exclusions: “Special highway construction equipment” does not include any of the following: Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

4.   The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter or RCW chapter 46.16:

a.   A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.

b.   A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar.

[Ord. C32707; Passed: 9/5/2000]

16.16.011 Allowing Unauthorized Person to Drive – Penalty.

It is unlawful for any person in whose name a vehicle is registered knowingly to permit another person to drive the vehicle when the other person is not authorized to do so under the laws of this state. A violation of this section or RCW 46.16.011 is a misdemeanor.

[Ord. C31398 § 169; Passed: 6/5/1995]

Cross Reference: Unlawful to allow unauthorized person to drive: RCW 46.20.344.

16.16.030 Nonresident Exemption – Reciprocity.

Except as is herein provided for foreign businesses, the provisions relative to the licensing of vehicles and display of vehicle license number plates and license registration certificates shall not apply to any vehicles owned by nonresidents of this state if the owner thereof has complied with the law requiring the licensing of vehicles in the names of the owners thereof in force in the state, foreign country, territory or federal district of his or her residence; and the vehicle license number plate showing the initial or abbreviation of the name of such state, foreign country, territory or federal district is displayed on such vehicle substantially as is provided therefor in this state. The provisions of this section or RCW 46.16.030 shall be operative as to a vehicle owned by a nonresident of this state only to the extent that under the laws of the state, foreign country, territory or federal district of his or her residence, like exemptions and privileges are granted to vehicles duly licensed under the laws of and owned by residents of this state. If under the laws of such state, foreign country, territory or federal district, vehicles owned by residents of this state, operating upon the highways of such state, foreign country, territory or federal district, are required to pay the license fee and carry the vehicle license number plates of such state, foreign country, territory or federal district, the vehicles owned by residents of such state, foreign country, territory or federal district, and operating upon the highways of this city, shall comply with the provisions of this state relating to the licensing of vehicles. Foreign businesses owning, maintaining, or operating places of business in this state and using vehicles in connection with such places of business, shall comply with the provisions relating to the licensing of vehicles insofar as vehicles used in connection with such places of business are concerned. Under the provisions of the international registration plan, the nonmotor vehicles of member and nonmember jurisdictions which are properly based and licensed in such jurisdictions are granted reciprocity in this state as provided in RCW 46.87.070(2). The director is empowered to make and enforce rules and regulations for the licensing of nonresident vehicles upon a reciprocal basis and with respect to any character or class of operation.

[Ord. C31398 § 170; Passed: 6/5/1995]

16.16.088 Transfer of License Plates – Penalty.

Except as provided in RCW 46.16.290, the transfer of license plates issued pursuant to RCW chapter 46.16 between two or more vehicles is a traffic infraction subject to a fine not to exceed five hundred dollars. Any law enforcement agency that determines that a license plate has been transferred between two or more vehicles shall confiscate the license plates and return them to the department for nullification along with full details of the reasons for confiscation. Each vehicle identified in the transfer will be issued a new license plate upon application by the owner or owners thereof and payment of the full fees and taxes.

[Ord. C31398 § 171; Passed: 6/5/1995]

16.16.090 Gross Weight Fees on Farm Vehicles – Penalty.

Operation of a specially licensed vehicle in transportation upon public highways in violation of the limitations of RCW 46.16.090 is a traffic infraction.

[Ord. C31398 § 172; Passed: 6/5/1995]

16.16.135 Monthly License Fee – Penalty.

Operation of a vehicle licensed under the provisions of RCW 46.16.135 by any person upon the public highways after the expiration of the monthly license is a traffic infraction, and in addition the person shall be required to pay a license fee for the vehicle involved covering an entire registration year’s operation, less the fees for any registration month or months of the registration year already paid. If, within five days, no license fee for a full registration year has been paid as required aforesaid, the Washington state patrol, county sheriff, or city police shall impound such vehicle in such manner as may be directed for such cases by the chief of the Washington state patrol, until such requirement is met.

[Ord. C31398 § 173; Passed: 6/5/1995]

16.16.140 Overloading Licensed Capacity – Additional License – Penalties – Exceptions.

It is a traffic infraction for any person to operate, or cause, permit, or suffer to be operated, upon a public highway of this city any bus, auto stage, motor truck, truck tractor, or tractor, with passengers, or with a maximum gross weight, in excess of that for which the vehicle or combination is licensed.

Any person who operates or causes to be operated upon a public highway of this city any motor truck, truck tractor, or tractor with a maximum gross weight in excess of the maximum gross weight for which the vehicle is licensed shall be deemed to have set a new maximum gross weight and shall, in addition to any penalties otherwise provided, be required to purchase a new license covering the new maximum gross weight, and any failure to secure such new license is a traffic infraction. No such person may be permitted or required to purchase the new license for a gross weight or combined gross weight which would exceed the maximum gross weight or combined gross weight allowed by law. This section does not apply to for-hire vehicles, buses, or auto stages operating principally within the cities and towns.

[Ord. C31398 § 174; Passed: 6/5/1995]

16.16.145 Overloading Licensed Capacity – Penalties.

Any person violating any of the provisions of RCW 46.16.140, or the equivalent provisions of this title, shall, upon a first offense, pay a penalty of not less than twenty-five dollars nor more than fifty dollars; upon a second offense, pay a penalty of not less than fifty dollars nor more than one hundred dollars, and in addition the court may suspend the certificate of license registration of the vehicle for not more than thirty days; upon a third and subsequent offense, pay a penalty of not less than one hundred dollars nor more than two hundred dollars, and in addition the court shall suspend the certificate of license registration of the vehicle for not less than thirty days nor more than ninety days.

Upon ordering the suspension of any certificate of license registration, the court or judge shall forthwith secure such certificate and mail it to the director.

[Ord. C31398 § 175; Passed: 6/5/1995]

Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.

16.16.160 Vehicle Trip Permits – Restrictions and Requirements – Penalty.

1.   Reserved.

2.   Reserved.

3.   Reserved.

4.   Reserved.

5.   Reserved.

6.   Reserved.

7.   A violation of or a failure to comply with any provision of RCW 46.16.160 is a gross misdemeanor.

8.   Reserved.

9.   Reserved.

[Ord. C31398 § 176; Passed: 6/5/1995]

16.16.170 Marking Gross Weight on Vehicle.

Every motor truck, truck tractor, and tractor with a licensed gross weight in excess of ten thousand pounds, shall have painted or stenciled upon the outside thereof, in a conspicuous place, in letters not less than two inches high, the maximum gross weight or combined gross weight for which the same is licensed, as provided in RCW chapter 46.16. It is unlawful for the owner or operator of any such vehicle to display a maximum gross weight or combined gross weight other than that shown on the current certificate of license registration of the vehicle.

[Ord. C31398 § 177; Passed: 6/5/1995]

16.16.180 Unlawful to Carry Passengers For Hire without License.

It shall be unlawful for the owner or operator of any vehicle not licensed annually for hire or as an auto stage and for which additional seating capacity fee as required by RCW chapter 46.16 has not been paid, to carry passengers therein for hire.

[Ord. C31398 § 178; Passed: 6/5/1995]

16.16.240 Attachment of Plates to Vehicles – Violations Enumerated.

The vehicle license number plates shall be attached conspicuously at the front and rear of each vehicle for which the same are issued and in such a manner that they can be plainly seen and read at all times; provided, that if only one license number plate is legally issued for any vehicle such plate shall be conspicuously attached to the rear of such vehicle. Each vehicle license number plate shall be placed or hung in a horizontal position at a distance of not less that one foot nor more than four feet from the ground and shall be kept clean so as to be plainly seen and read at all times; provided, however, that in cases where the body construction of the vehicle is such that compliance with this section or RCW 46.16.240 is impossible, permission to deviate therefrom may be granted by the state patrol. It shall be unlawful to display upon the front or rear of any vehicle, vehicle license number plate or plates other than those furnished by the director for such vehicle, or to display upon any vehicle any vehicle license number plate or plates which have been in any manner changed, altered, disfigured or have become illegible. License plate frames may be used on vehicle license number plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the plates can be plainly seen and read at all times. It is unlawful to use any holders, frames, or any materials that in any manner change, alter, or make the vehicle license number plates illegible. It shall be unlawful for any person to operate any vehicle unless there shall be displayed thereon valid vehicle license number plates attached as herein provided.

[Ord. C31398 § 179; Passed: 6/5/1995]

Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.

16.16.260 License Registration Certificate – Signature Required – Carried in Vehicle – Penalty – Inspection – Exception.

A certificate of license registration to be valid must have endorsed thereon the signature of the registered owner (if a firm or corporation, the signature of one of its officers or other duly authorized agent) and must be carried in the vehicle for which it is issued, at all times in the manner prescribed by the department. It shall be unlawful for any person to operate or have in his possession a vehicle without carrying thereon such certificate of license registration. Any person in charge of such vehicle shall, upon demand of any of the local authorities or of any police officer or of any representative of the department, permit an inspection of such certificate of license registration. This section does not apply to a vehicle for which annual renewal of its license plates is not required and which is marked in accordance with the provisions of RCW 46.08.065.

[Ord. C31398 § 180; Passed: 6/5/1995]

16.16.381 Special Parking Privileges for Disabled Persons – Penalties – Enforcement.

1.   Reserved.

2.   Reserved.

3.   Reserved.

4.   Reserved.

5.   Reserved.

6.   Reserved.

7.   Reserved.

8.   Any unauthorized use of the special (disabled person) placard, special license plate, or identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.

9.   It is a parking infraction, with a monetary penalty of two hundred fifty dollars for a person to make inaccessible the access aisle located next to a space reserved for physically disabled persons or the space itself. The clerk of the court shall report al violations related to this subsection to the department.

10.  It is a parking infraction, with a monetary penalty of two hundred fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under RCW 46.16.381. The City of Spokane, in providing nonmetered on-street parking places reserved for physically disabled persons, may impose time restrictions of no less than four hours on the use of these parking places. The City of Spokane may impose time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards. All time restrictions must be clearly posted.

11.  The penalties imposed under subsections (9) and (10) of this section shall be used exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the City for any costs it may have incurred in removal and storage of the improperly parked vehicle.

12.  Except as provided by subsection (2) of this section, it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special license plate, placard, or identification card in a manner other than that established under RCW 46.16.381, or the equivalent provisions of this title.

13.  Reserved.

14.  For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:

a.   Community service for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

b.   Any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

15.  The court may not suspend more than one-half of any fine imposed under subsection (8), (9), (10), or (12) of this section.

[Ord. C32489; Passed: 9/13/1999]

Cross Reference: Intent – 1984 c 154: “The legislature intends to extend special parking privileges to persons with disabilities that substantially impair mobility.” [1984 c 154 § 1].

Application – 1984 c 154: “This act applies to special license plates, cards, or decals issued after June 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984.” [1984 c 154 § 9].

Accessible parking spaces required: RCW 70.92.140.

16.16.500 Liability of Operator, Owner, Lessee for Violations.

Whenever an act or omission is declared to be unlawful in this chapter or RCW chapter 46.16, if the operator of the vehicle is not the owner or lessee of such vehicle, but is so operating or moving the vehicle with the express or implied permission of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter or RCW chapter 46.16 with the primary responsibility to be that of the owner or lessee.

If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee.

[Ord. C31398 § 182; Passed: 6/5/1995]

16.16.505 Campers – License and Plates – Application – Fee.

It shall be unlawful for a person to operate any vehicle equipped with a camper over and along a public highway of this city without first having obtained and having in full force and effect a current and proper camper license and displaying a camper license number plate therefor as required by law; provided, however, that if a camper is part of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstration permit, valid for no more than seventy-two hours is carried in the motor vehicle at all times it is operated by any such individual, such camper may be demonstrated if carried upon an appropriately licensed vehicle.

Except as otherwise provided for in this section and RCW 46.16.505, the provisions of this chapter and RCW chapter 46.16 shall apply to campers in the same manner as they apply to vehicles.

[Ord. C31398 § 183; Passed: 6/5/1995]

16.16.595 Personalized License Plates – Transfer or Surrender upon Sale or Release of Vehicle – Penalty.

When any person who has been issued personalized license plates sells, trades, or otherwise releases ownership of the vehicle upon which the personalized license plates have been displayed, he shall immediately report the transfer of such plates to an acquired vehicle or camper eligible for personalized plates, pursuant to RCW 46.16.590, or he shall surrender such plates to the department forthwith and release his priority to the letters or numbers, or combination thereof, displayed on the personalized license plates. Failure to surrender such plates is a traffic infraction.

[Ord. C31398 § 184; Passed: 6/5/1995]