Ever wonder what the fine is for not wearing your bike helmet in Seattle? What about when a bicyclist on the road cuts to the sidewalk to skip a red light ? is that legal?
Maybe you ride on the Burke Gilman Trail. Is there are speed limit there? Can bicyclists be ticketed for speeding at all?
These and more common driving questions are answered below by people who write traffic tickets. The questions and answers are pulled from previous posts in our Answers for Readers series.
To see the full list of questions, scroll through the question menu below. And if you?re an attorney, don?t get uptight. These questions were asked of the people who write tickets. If a reader is seriously worried about a legal question, consult a lawyer ? obviously.
Bike law questions
Can someone riding a bike receive a ticket for speeding?
Yes. Police point to section 46.61.755 of the Revised Code of Washington. That states in part: ?Every person riding a bicycle upon a roadway??shall be subject to the same duties applicable to a driver of a vehicle by this chapter [46.61]?except as to those provisions in this chapter which by their nature can have no application.? There is no specific speed violation for bicycles like there is for cars, so the speeding fine would be $103 for violating RCW 46.61.755, police say. (seattlepi.com file)
What is the fine for riding a bike without a helmet in Seattle?
Seattle police give a $103 fine. Sgt. Sean Whitcomb said officers do write tickets for that offense, but the numbers weren?t immediately available. The helmet requirement is outlined in the King County Board of Health Code, Title 9. Click here to read a PDF of that title. Seattle police and other agencies in King County can enforce the code. That authority is outlined in section 10.93 of the Revised Code of Washington. (seattlepi.com file)
Does a teen have to be licensed to bike on an arterial?
No. There aren?t age requirements for someone to ride a bike, ?and they certainly don?t have to have a permit to ride a bike,? Seattle police spokesman Mark Jamieson said. State Patrol spokesman Dan Coon also noted there is not specific age limits on bicycle riders, however there are some interstate and state routes were bicycle riders where cyclists are not allowed. People riding on those roads can get a $124 ticket. (seattlepi.com file)
What is the fine if a car is too close to a green bike box?
$124 or $194 if there?s an accident, according to Seattle police. The penalty is the same as when cars go too close to a sidewalk. Drivers are supposed to stop on the leading edge of the green bike box ? the edge closest to a car ? Seattle Department of Transportation spokesman Rick Sheridan said. This is covered in section 11.50.320 of the Seattle Municipal Code. (seattlepi.com file)
Is there a speed limit for bikes on the Burke Gilman Trail?
There is no speed limit on the trail in Seattle ? that?s why there aren?t bike speed limit signs on the trail here ? according to Parks and Recreation spokeswoman Joelle Hammerstad. But there are signs for a 15 mph speed limit on some sections of the Burke Gilman Trial. That?s regulated by section 7.12.295 of the King County Code, which Hammerstad said doesn?t apply in Seattle, according to the City Attorney?s Office. (seattlepi.com file)
Can bicyclists legally ride two in a lane?
It depends on the lane. Doubling up in a lane, defined as riding two abreast in the Seattle Municipal Code, is outlined in section 11.44.060: ?Persons operating bicycles upon a roadway or sidewalk shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (RCW 46.61.770(2))? Section 46.61.770(2) of the Revised Code of Washington states: ?Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.? The fine is $103, police spokesman Jeff Kappel said. (seattlepi.com file)
Do bikes or people have the legal Burke-Gilman right-of-way?
Bicyclists should yield to pedestrians, according to city spokespeople. Section 11.44.120 of the Seattle Municipal Code ? as well as the county code and state code ? states bicyclists are responsible for the safe operation of their vehicle, according to the city Department of Transportation Web site. (seattlepi.com file)
Aren?t bicyclists required to walk at crosswalks?
The law doesn?t require that. Section 46.61.235 of the Revised Code of Washington states only that, ?No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.? (seattlepi.com file)
Why don?t police arrest more Critical Mass cyclists?
Seattle police don?t exactly have a hands-off policy, but they?re not going to devote significant resources to the regular act of civil disobedience, spokesman Mark Jamieson said. A few officers are often at the protests to make sure they stay peaceful. Most annoy drivers, but don?t have major disruptions. Police can step in when needed. (seattlepi.com file)
Is it legal for bikers ?riding the line? of bike lanes?
?There is no specification for where to ride in a bike lane,? Bellevue Police spokesman Greg Grannis said. ?Common sense and safety should dictate that the bicyclist would want to stay actually in the bike lane.? He recommended bike riders ride as close to the right side of the right lane as safely possible on regular lanes. They can also ride on the left side of the far left lane, if desired, on a one-way street, he said. Grannis pointed readers to RCW 46.61.770 for further information. (seattlepi.com file)
Who has the right of way on sidewalks, bikes or people?
Every person riding a bike on a sidewalk or public path shall yield the right of way to a pedestrian and must give an audible signal before overtaking and passing any pedestrian, Seattle police spokesman Jeff Kappel said. Riders who don?t violate a city ordinance, though statistics on how often riders were ticketed were not immediately available. Kappel pointed out the right-of-way issue on sidewalks is specified in Seattle Municipal Code 11.44.120. (seattlepi.com file)
Is it illegal to drive in bicycle lanes?
Yes, it is illegal, Seattle police spokesman Mark Jamieson said. His answer is spelled out in Seattle Municipal Code 11.53.190 regarding driving in a bicycle lane: ?The operator of a motor vehicle shall not drive in a bicycle lane except to execute a turning maneuver, yielding to all persons riding bicycles thereon.? Police did not have immediately have statistics on how often people are cited for violating this law, but said drivers who don?t could face a $124 ticket. (seattlepi.com)
Is car-to-sidewalk switch on bikes legal?
Bicyclists in the street have to stop at stop signs and obey traffic laws just as motor vehicles would. But it?s legal for bicyclists to ride on the sidewalk. They must, however, yield to pedestrians and make a sound signal before passing someone on foot. So in the case with the red light mentioned above, the cyclist is not doing anything illegal. Police point out that if there is a red light, there also likely is a well-marked crosswalk for the bicyclist. (seattlepi.com)
Can Vespas legally travel in bike lanes?
Only for turning, Seattle police said. Department spokesman Mark Jamieson referred to Seattle Municipal Code 11.53.190, regarding driving in a bicycle lane: ?The operator of a motor vehicle shall not drive in a bicycle lane except to execute a turning maneuver, yielding to all persons riding bicycles thereon,? the code states. If drivers get busted for traveling in the bike lane, they could face a $124 fine. Police say it doesn?t matter how small the motor on the scooter may be. If it has one, police don?t considered it a bike. (seattlepi.com file)
Are bicyclists allowed on Aurora Avenue North?
Bicyclists are allowed to ride on Aurora Avenue North and the bridge. ?It?s not very smart,? Seattle police spokeswoman Renee Witt said, ?but it?s not against the law.? Some bicyclists, however, don?t share that view. A bike map designed by the Seattle Department of Transportation does not list the bridge or Aurora Avenue North as a commonly used street. Lane width on the bridge from west to east is 10 feet, 9 feet, 9.5 feet, 9.5 feet, 9 feet and 10 feet. The speed limit is 40 miles per hour, though drivers often break that. (seattlepi.com file)
Are electric bikes allowed on Burke-Gilman Trail?
No, city officials say. They?re not allowed because the Burke-Gilman Trail is intended for people-powered transportation, Seattle Parks and Recreation Department spokeswoman Dewey Potter said. ?It is a rule and not a law, and there is some expectation that people will respect their fellow pedestrians and cyclists,? she said. Motorized foot scooters also are not allowed in bicycle lanes or on park pathways intended for recreation, according to the Seattle Department of Transportation. That includes the Burke-Gilman Trail. Someone busted for riding an electric-powered scooter on some public trails would likely get a $124 ticket for violating a Washington Administrative Code. (seattlepi.com file)
Like these questions and answers? Here are some commonly asked driving questions.Common driving law questions
Is it legal to turn over a double yellow line?
It may be legal to cross a double yellow line, but it depends on the street. Trooper Julie Startup said she?s never seen a problem if people are crossing over a double yellow to turn into an alley, private road or driveway. That?s detailed in subsection 3 of section 46.61.130 in the Revised Code of Washington. ?But there may be a problem if people are not turning into something,? Startup said. ?Technically in that case you?re not allowed to turn over a double yellow line. The double yellow line indicates designated no-passing zones that have reduced visibility or any other safety concern for drives that would be cause an increased danger if passing. Intersections would most likely be marked with breaks in the double yellow but private roads, driveways and alleys would be instances where a driver could turn over the double yellow.? (Casey McNerthney/seattlepi.com)
Do passengers or drivers get tickets for no seat belts?
It depends on their age. People age 16 and over are responsible for their own $124 ticket if caught in a moving vehicle without a seat belt ? assuming that vehicle requires one. In cases where seat belts are required, drivers ? even teenage ones ? are responsible for making sure passengers 15 and under are wearing seat belts. If those passengers are caught in violation of the state seat belt law, the drivers can receive a $124 ticket. (Getty Images)
Do cop radar guns work in rain or darkness?
Yes. ?Our radar and LIDAR units do work in the dark, rain and even fog,? State Patrol Trooper Dan McDonald said. ?It?s concerning that you were asked that question because those are three major conditions of limited visibility and poor driving conditions. In these conditions motorists shouldn?t worry about getting caught speeding, they should naturally slow down for their safety and the safety of other motorists and pedestrians around them.? LIDAR stands for light detection and ranging, and is used in place of a radar gun. (Getty Images)
Can police stop a car just because?
Seattle officers are instructed not to pull over a car only because it?s leaving from the parking lot of a Belltown bar, for example. An officer must see a violation ? a malfunctioning light, a lane change without a proper signaling, etc. ? before the car can be stopped. Officers say they are warned against doing what police call pretextual stops. Instructors cite State v. Ladson, a case that went to the Supreme Court after a 1995 traffic stop. (seattlepi.com file)
Can a non-licensed driver take the wheel in an emergency?
No. State Patrol troopers say there is no law that allows an exemption in that scenario, But troopers have common sense, Sgt. J.J. Gunderman said. It?s best to call 911 whenever possible, troopers say. ?Am I saying to let an unlicensed driver drive? No,? Gunderman said. ?But our troopers will take total capacity of what?s going on.? Department of Licensing spokesman Brad Benfield said an instruction permit allows an unlicensed driver to operate a vehicle under the supervision of a licensed driver with five or more years of experience. But he was not aware of any provisions in state law that makes it legal for an unlicensed individual to drive in the case of a medical emergency. (Getty Images)
Can drivers be ticketed for dogs hanging out car windows?
"There?s really no law against it,? State Patrol Trooper Cliff Pratt said. ?But it?s kind of a pet peeve of mine.? Troopers discourage letting pets ride with drivers because they say it?s a distraction that can lead to accidents. In one famous case, author Stephen King suffered life and career-altering injuries after a minivan driver distracted by a dog struck him. If a dog or pet is hopping around or otherwise distracting the driver, troopers could cite the driver for reckless endangerment or negligent driving. (Getty Images)
Can someone be ticketed for a dangerous lane change?
?Whomever is occupying the lane first has the right of way so other drivers must yield,? State Patrol Sgt. J.J. Gundermann said. ?The fine for unsafe lane change is $124 dollars. If it causes a collision, it?s $175.? Gundermann referenced section 46.61.140 of the Revised Code of Washington, which addresses the issue. (Getty Images)
Do pregnant women count as two people for carpool lanes?
No. ?We have been told that being pregnant definitely doesn?t qualify you for the carpool lane,? Trooper Julie Startup said. Not that the case hasn?t been made. A State Patrol spokeswoman for King County, Startup said the case was raised several years ago by a woman a trooper had cited. The judge sided with the State Patrol, and Startup said troopers aren?t aware of any Washington cases that have gone otherwise. But kids ? even a day old ? do count for the carpool lane tally. Startup knows that sounds ridiculous to some people, but it?s the way the law?s written in section 46.61.165 of the Revised Code of Washington. (Getty Images)
Can drivers ever get an exception to I-5 carpool lanes?
No. State Patrol troopers say the carpool lanes are for vehicles with two or more people traveling in one vehicle, and on Interstate 5 that?s the rule at all time. The fine for violating the carpool lane law is $124. Kids count for the carpool tally, but pregnant women count as single people troopers say. There are some exceptions the carpool lane times on roads other than I-5. One is state Route 520 near Bellevue, west of the I-405 interchange, which requires a minimum of three people. (Getty Images)
Does radar work when cops are driving the opposite way?
Yes. ?It?s called a moving radar,? State Patrol Sgt. J.J. Gundermann said. ?The radar in the patrol car calculates the patrol car?s speed and the speed of a vehicle either approaching from the opposite direction or another vehicle approaching from the rear.? (Getty Images)
Do medics and cops get bridges to wait for them?
It?s possible, but not common, Seattle police Sgt. Sean Whitcomb said. ?Its no different than a train crossing the tracks,? he said. ?We?re subject to it and let people to know to take alternate routes. We will make every attempt to find alternate routes if bridges are up. We might communicate that to each other over the radio.? Whitcomb wasn?t aware of a time when bridge operators held one open during a major pursuit, though he said it?s possible police could request that. (seattlepi.com file)
Can I get a ticket for expired tabs if my car is parked?
Yes. ?In our city code here is it a violation to park on the street with expired tabs,? Auburn Police Sgt. Dave Colglazier said. ?Your tabs must be current to park on a street, highway alley or public property within the city limits.? (Getty Images)
What?s the fine for driving with one headlight?
$124. People with a burned-out headlight is pretty common, though drivers often get away with a warning, Seattle police Sgt. Sean Whitcomb said.
Can I legally drive with a dog or cat in my car?
Troopers say no to both cases. ?Because you can?t predict the actions of the animal, it could be a sudden hazard,? Trooper Julie Startup said. ?It?s negligence to have a live animal that could distract the driver.? Startup said she hasn?t seen someone driving with a cat on his dashboard, but would ?absolutely? ticket someone in that case, or if someone was found driving with a dog on her lap. There isn?t a specific state law that prohibits those scenarios, though Startup said they?re covered by second-degree negligent driving. That?s the statute that troopers used to ticket for texting while driving and using their cell phone on the road before those actions were specifically outlawed. The fine if caught driving with a dog or cat on your lap is $550, Startup said. Troopers aren?t concerned if the animal is secured in a carrier, not distracting the driver. (Getty Images)
An SR-22 is a document some people are required to have proving they have liability insurance. This requirement comes after previous driving problems. ?Proof of financial responsibility for the future? is defined in section 46.29.260 of the Revised Code of Washington. (YouTube)
And here?s another list of summer law related questions.
Seattle summer law questions
Ever wonder if it's legal to drive in flip-flops, if you can have a barbecue on the sidewalk outside your condo, or if you can legally have a beer on a Seattle public golf course? You're not alone. Here are some of the most popular summertime law questions with answers from local police. (seattlepi.com file)
Can I legally have a barbecue on a sidewalk or alley?
No. Seattle Police Sgt. Sean Whitcomb said alleys are considered streets, and barbecuing in a downtown alley or sidewalk would be a violation of the pedestrian interference law, a misdemeanor offense. That law, which also outlaws aggressive begging, states a person is guilty of pedestrian interference if, in a public place, he or she intentionally obstructs pedestrian or vehicular traffic. (seattlepi.com file)
Is it legal to drive barefoot or with flip-flops?
Yes. It's a myth that wearing flip-flops while driving is against the law. "But it's not recommended," State Patrol spokesman Cliff Pratt said. Police and troopers say that while you can't be ticketed for driving barefoot or with flip-flops, it may hinder your driving, making you subject to other fines. (seattlepi.com file)
Is it legal to go on Green Lake's Duck Island?
No. The Parks and Recreation Department, which oversees Green Lake Park, says the area is off-limits for safety reasons. Some people have gone out there to drink, and in the past kids have set up a rope swing there. But a lifeguard doesn't monitor the area. The man-made island isn't a wildlife sanctuary or game reserve, though it was a reserve until 1983. (seattlepi.com file)
Is it legal to burn painted or treated wood at Seattle parks?
Nope. Signs at Seattle parks with fire pits say to use only clean, dry firewood. At Golden Gardens, bundles are available at the bathhouse for a few bucks. Seattle Municipal Code 18.12.270 states it's unlawful "to ignite in any stove or fire ring any household rubbish or other material banned from outdoor burning by air pollution control regulations." According to the State Department of Ecology, it's illegal to burn treated or painted wood in fireplaces. Plastics are also out. The fine for violating the city law detailed above is $57. (seattlepi.com file)
Is it legal to walk home drunk?
You won''t be ticketed just for walking down the street drunk, however it's a different story if you're drunk and disorderly. "We are glad that people would choose to walk rather than drive drunk," Sgt. Sean Whitcomb said. "In the interest of safety, consider walking your intoxicated friends home. People are vulnerable when intoxicated, and there are potential hazards to pedestrians that might be difficult to avoid when under the influence of alcohol. You could even say that friends don't let friends walk drunk." (seattlepi.com file)
Can I drink in Seattle parks?
You can, but only at an event with a permit. Police say using a paper bag to cover a beer bottle doesn't save you from violating the open-container law, but the fine if caught is $27 - half the price of the fine for letting your dog poop in public. (seattlepi.com file)
Are dogs in park fountains illegal?
Rover has to stay out of the fountains, according to section 18.12.080 of the Seattle Municipal Code. That's the same code for a leash-law violation in a park and is a graduating scale with the first ticket bringing a $54 fine, said Don Baxter, Seattle Animal Shelter enforcement supervisor. The second fine is $109, the third is $136 and four or more is $162. (seattlepi.com file)
What are Seattle's marijuana laws?
This is a complicated answer, but if all you're doing is smoking marijuana at your own home it's highly unlikely you'll be ticketed -- whether you're a medical marijuana user or not. Enforcement of simple possession of marijuana is SPD's lowest priority and arrests are uncommon at Hempfest -- the nation's largest pot rally that happens each summer in Seattle. (seattlepi.com file)
Is it legal to drink on publicly owned golf courses? ( )
Yes, as long as the drink was bought on site. (Erik Stuhaug/Seattle Municipal Archives) ( )
What is the fine for off-leash dogs?
"It is a $54 fine for having a dog off leash on public property outside of designated off-leash areas," Seattle Animal Shelter Enforcement Supervisor Don Baxter said. In a park the fine is a graduating scale. The first contact can bring a $54 fine, second $109, third $136 and four or more can bring a $162 fine, he said. (seattlepi.com file)
Can police stop street musicians for a noise violation?
"Those are the realities of living, working and frequenting a vibrant downtown," police spokeswoman Renee Witt said. "I think you will find street 'musicians' in most metropolitan areas. It is part of that culture. If your reader lives in the downtown and has specify problems with street 'musicians,' then it would be appropriate for him or her to call the non-emergency number while the offense is occurring to have an officer come out and evaluate the situation." (seattlepi.com file)
Where in King County can I light off fireworks?
They are allowed in some cities on specific days. Bothell, Kent, Black Diamond and Maple Valley are some that allow fireworks only on the Fourth of July. Normandy Park has the longest window, allowing them from June 28 to July 4. Most cities in King County have banned them outright, including Seattle. (seattlepi.com file)
Is it illegal to drive with sunglasses at night?
Good news, Corey Hart: "Some states do have laws against this, but Washington is not one of them," Bellevue police spokesman Greg Grannis said in 2009. "Cities may adopt ordinances individually, but Bellevue doesn't have one and I'm not aware of any in King County." Common sense should dictate this is not a good idea, he said. (YouTube video still)
Does a paper bag save you from violating the open-container law?
No, police spokesman Mark Jamieson said. It's still an open container of alcohol. People are not allowed to open a bottle, can or other receptacle containing liquor in a public place, possess those items in a public place or consume liquor in a public place, according to the Seattle Municipal Code. Officers have to determine that someone is drinking alcohol, but the smell or behaviors of the person carrying the bag are typically a giveaway, Jamieson said. "If you're drinking a bottle of milk, why do you need the bag?" he said. (seattlepi.com file)
How long can a dog legally be left in a car?
Dogs in a hot car can be harmed very quickly. "There is no law regarding the time a dog can be left in a parked vehicle," State Patrol trooper Dan McDonald said. "However, if the conditions warrant, the owner can be charged with animal cruelty under RCW 16.52.207." (seattlepi.com file)
For more Seattle police and crime news visit the front page of the Seattle 911 blog.
Casey McNerthney can be reached at 206-448-8220 or caseymcnerthney@seattlepi.com. Follow Casey on Twitter at twitter.com/mcnerthney.
Source: http://blog.seattlepi.com/seattle911/2012/07/16/bike-law-questions-and-answers/
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