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Published on Friday, December 14, 2012

DWLS 3 update: DOL defines "moving violation"

In the 2012 legislative session, a bill passed reforming Washington’s approach to civil traffic infractions. SB 6284 states that the Department of Licensing (DOL) is no longer required to suspend licenses for those who willfully fail to pay their fines for non-moving violations. This change is expected to reduce the number of DWLS 3 cases that take up considerable resources in local courts. The change will take effect June 1, 2013.

The bill called for DOL, in consultation with the Administrative Office of the Courts, to develop and maintain rules defining a moving violation. DOL filed proposed rulemaking to update WAC 308-104-160 by defining moving and non-moving violations as follows:

  • Moving violations: any violation of vehicle laws listed in this section [see WAC link above] that is committed by the driver of a vehicle, while the vehicle is moving. (Also includes being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug. 46.61.504)
  • Non-moving violations: parking violations, equipment violations or paperwork violations relating to insurance, registration, licensing and inspection

Written comments can be submitted to Clark Holloway until January 8, 2013.

A rules hearing is scheduled for January 9, 2013.

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