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Moving vs. Non-Moving Violations

Whether a crime or infraction is a moving or non moving is determined by The Washington Administrative Code. The difference is crucial to many people as non moving violations, generally, do not affect your insurance. Basically, the code lists all of the infractions or crimes that are moving violations. Everything not named is a non moving violation. Even more confusing is that some non moving violations clearly involve a moving vehicle. However, WAC 308-104-160 defines the following crimes and infractions as moving violations:

  1. Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;
  2. Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;
  3. Vehicular homicide, as defined by RCW 46.61.520;
  4. Vehicular assault, as defined by RCW 46.61.522;
  5. Reckless driving, as defined by RCW 46.61.500;
  6. Racing, as defined by RCW 46.61.530;
  7. Embracing, as defined by RCW 46.61.665;
  8. Hit and run (injury, death, striking the body of a deceased person, or occupied vehicle), as defined by RCW 46.52.020;
  9. Attempting to elude a police vehicle, as defined by RCW 46.61.024;
  10. Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.345, or 46.20.394;
  11. Reckless endangerment of roadway workers, as defined in RCW 46.61.527;
  12. Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;
  13. Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;
  14. Open container violation (driver), as defined by RCW 46.61.519;
  15. Negligent driving in the first degree, as defined by RCW 46.61.5249;
  16. Negligent driving in the second degree, as defined by RCW 46.61.525 or 46.61.526;
  17. Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;
  18. Disobey road sign, as defined by RCW 46.61.050, 46.61.070, or 46.61.450;
  19. Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;
  20. Disobey school patrol, as defined by RCW 46.61.385;
  21. Speed too fast for conditions, as defined by RCW 46.61.400;
  22. Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;
  23. Speeding in a school zone, as defined by RCW 46.61.440;
  24. Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;
  25. Failure to yield right of way, as defined by RCW 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;
  26. Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;
  27. Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;
  28. Improper lane change or travel, as defined by RCW 46.61.140;
  29. Straddling or driving over centerline, as defined by RCW 46.61.140;
  30. Driving on the wrong side of the road, as defined by RCW 46.61.150;
  31. Crossing divider, as defined by RCW 46.61.150;
  32. Improper entrance to or exit from freeway, as defined by RCW 46.61.155;
  33. Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;
  34. High occupancy vehicle lane violation, as defined by RCW 46.61.165;
  35. Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;
  36. Passing stopped school bus, as defined by RCW 46.61.370;
  37. Passing stopped private carrier bus, as defined by RCW 46.61.375;
  38. Following too closely, as defined by RCW 46.61.145;
  39. Following fire apparatus, as defined by RCW 46.61.635;
  40. Crossing fire hose, as defined by RCW 46.61.640;
  41. Driving on sidewalk, as defined by RCW 46.61.606;
  42. Driving through safety zone, as defined by RCW 46.61.260;
  43. Driving with wheels off roadway, as defined by RCW 46.61.670;
  44. Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;
  45. Improper turn, as defined by RCW 46.61.290;
  46. Prohibited turn, as defined by RCW 46.61.295;
  47. Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;
  48. Improper backing, as defined by RCW 46.61.605;
  49. Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;
  50. Reckless endangerment, as defined by RCW 9A.36.050;
  51. Failure to maintain control, as defined by RCW 46.61.445;
  52. Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;
  53. Violation of instruction permit restrictions, as defined by RCW 46.20.055;
  54. Violation of out-of-service order, as defined by RCW 46.25.090;
  55. Obstructed vision or control, as defined by RCW 46.61.615;
  56. Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
  57. Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
  58. Coasting on downgrade, as defined by RCW 46.61.630;
  59. Violation of child restraint requirements, as defined by RCW 46.61.687;
  60. Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
  61. Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
  62. No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
  63. Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
  64. Driving without lights, as defined by RCW 46.37.020;
  65. Failure to dim lights, as defined by RCW 46.37.230;
  66. Operating motorcycle without lights, as defined by RCW 46.37.522;
  67. No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
  68. Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
  69. Failure to secure load, as defined by RCW 46.37.490;
  70. Spilling load, as defined by RCW 46.61.655; and;
  71. Improper towing, as defined by RCW 46.44.070.

The department of licensing is authorized by statute to create the above list. RCW 46.20.2891 states:

The department of licensing in consultation with the administrative office of the courts must adopt and maintain rules, by November 1, 2012, in accordance with chapter 34.05 RCW that define a moving violation for the purposes of this act. "Moving violation" shall be defined pursuant to Title 46 RCW. Upon adoption of these rules, the department must provide written notice to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.

Remember, if it is on the above list, it is a moving violation, everything else is a non-moving violation.

If you get an infraction (moving or non moving) call Blanford Law at 253-720-9304 and we will try and help you.

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