Passengers and ID

Q: If you are a passenger in a car that has been pulled over for a traffic violation are you required to show your ID to the police?

A: This is a great question that straddles the line between traffic law and broader constitutional law. And the answer is . . . It depends. Before we get to the passenger, though, let’s address the driver. According to RCW 46.61.020, during a traffic stop the driver of the car must provide license, registration and proof of insurance to an officer. And for those who have heard that you can keep your window up and press your ID against the glass, I wouldn’t recommend it. It is unlawful for a driver to refuse an officer’s request to take ID for inspection during a traffic stop. Plus, that’s a classic impaired driver move, so it’ll definitely make the officer suspicious. Continue reading “Passengers and ID”

Skateboarders and Traffic Laws

Q: What are the Rules for skateboarders? Can they (should they?) use bicycle lanes? What about being on a roadway where there are no bicycle lanes? Do they need to obey traffic signals & signs? Should vehicles yield to them, as we do for pedestrians? Thank you for any hints & tips you can provide.

A: There are a couple issues that complicate our understanding with where skateboarders fit into the transportation spectrum. The first is that it’s hard to even find any state laws specifically about skateboards. That’s because skateboards actually fit into the definition of pedestrians in Washington’s traffic laws. The legislators expanded the traditional definition of a pedestrian (a person who travels by foot) and includedmeans of conveyance propelled by human power other than a bicycle.” (RCW 46.04.400) Whether you’re on a skateboard, roller skates, pogo stick or a red wagon, you’re a pedestrian in the eyes of the law. So let’s go through the questions within the original question and see what’s required for skateboarders. Continue reading “Skateboarders and Traffic Laws”

Brake Lights and Regenerative Braking

Q: I’m seeing more electric cars on the road every day; I myself am the proud owner of one. One of my favorite aspects of driving electric is the regenerative braking, which allows me to slow down without using the brake pedal. Sometimes I am concerned about drivers behind me not paying enough attention to realize I’m slowing down without seeing brake lights. If I’m hit from behind while using regenerative braking, can I be held partially liable because I didn’t engage the brake lights?

A: Until you mentioned it, I hadn’t thought about brake lights and regenerative braking, which is one more indicator that I probably shouldn’t be a legal adviser for the National Highway Transportation Safety Administration (NHTSA). By the way, if you ever end up in a room full of traffic safety people, they won’t refer to that organization by it’s full name or even by saying each initial; they just cram all the initials together into the made up word, “Nitsa.” It’s much faster, and since NHTSA is connected with just about anything that has to do with traffic safety, saying “Nitsa” instead of the full name throughout a traffic safety professional’s career saves 700 hours worth of unnecessary syllables. That’s just a guess; I don’t have the data to back up that 700 hour claim. Continue reading “Brake Lights and Regenerative Braking”

ATVs on City Streets

Q: Is it legal to drive an ATV or Gator type vehicle on Bellingham city streets?

A: My favorite part of this question is that it is specific to Bellingham city streets. It’s not too unusual to see farmers in rural parts of the county riding an ATV across a road to get from one field to another, so I’m visualizing a guy in a Carhart jacket and Romeo boots looking disoriented as he wonders how he ended up on Railroad Avenue. Continue reading “ATVs on City Streets”

Winter Driving Review

As I watched my neighbor scrape ice from her windshield I realized it’s probably time to review the topic of winter driving. Mount Baker ski area has opened, the freezing level is dropping, and we’ve already had some flooded roads. Here comes winter.

If you’ve ever had a conversation with someone from Minnesota about winter driving, you’ve probably heard the ridicule about how Washington doesn’t have a “real” winter. And that’s exactly the problem. In wintery parts of the country people prepare for the inevitable ice and snow. Here we often get caught off-guard by a storm system that blows in, makes a mess of things, and then melts away two days later. And unlike places that stay frozen for weeks at a time, we have weather that fluctuates between just below and just above freezing, creating the slippery hazard of a thin layer of water on top of a layer of ice. I’ve seen a parked car slide off the road in those conditions. Continue reading “Winter Driving Review”

It’s Easier Than Ever to Not Get a DUI

I know every month is national something-or-other month, but this one is legit; the president even signed a proclamation. December is National Impaired Driving Prevention Month. All year long, and especially in December, DUI prevention organizations work hard to educate people about the consequences of impaired driving. Around here, the Washington Traffic Safety Commission goes a big step further and hires extra officers all over the state, and their entire job is to arrest impaired drivers. Continue reading “It’s Easier Than Ever to Not Get a DUI”

Kids in Cars – Where to Put Them

Q: Could you please review the rules in regards to children riding in the front seat of vehicles? I know there are recommendations in vehicles, but are there actual age requirements by law? Also, along those same lines, are there legal age/height requirements for booster seats? Thank you!

A: Child passenger restraint laws in Washington used to be fairly complex, with breakdowns for ages and weights and types of car seats. In 2007 the state simplified the law, making three basic requirements for child restraints. 1) All children under the age of 8, or less than 4’9” tall must be restrained in an appropriate child restraint system. That’s a fancy catch-all term for car seat or booster seat. 2) All kids over 8 years old or taller than 4’9” have to wear a seat belt or use a booster seat. 3) Kids under the age of 13 are required to ride in the back seat whenever practical. Continue reading “Kids in Cars – Where to Put Them”

Do Red Cars Get More Speeding Tickets?

Drivers around the world have endorsed the “red cars get more tickets” theory for years. The common item missing from each version is a substantiated fact. Some of the reasons for the supposed disproportionate numbers of tickets issued to red cars seem plausible. Some are outright ridiculous.

Of the more believable explanations, one offers the idea that red cars are more noticeable due to their bright color, and catch the attention of police officers more frequently. This sounds well-founded, and I suspect most people would accept this rationale.  However, according to color experts, the most perceptible colors reside toward the middle of the color spectrum, such as yellow and bright green. Red sits on the low end of the color spectrum, making it one of the first colors to disappear from our vision in non-ideal lighting situations.

My favorite quasi-scientific myth proposes that red actually looks faster than other colors when it moves. Relying on convoluted, out-of-context “scientific” principles, proponents of this theory believe that just as an approaching siren changes its audible pitch, a red car changes its color intensity, making it appear to travel faster than its actual speed. This theory has at least two flaws. Our ears hear an audible difference in approaching and departing sounds because sound travels relatively slow. Light travels so fast that the speed of even the fastest car wouldn’t affect how we perceive the color of the car. And this maybe the most obvious problem – What about the other colors? Even if we could perceive a variation in color because of the movement of a vehicle, that alteration would affect every color, making the theory irrelevant.

The most comedic reason I’ve heard that red cars get more tickets comes from the belief that police officers have converted the pool hall game of snookers into a traffic enforcement contest. Since the game of snookers has more red balls than any other color, officers must cite a disproportionate number of red cars in order to get a high score.

A more practical approach to explaining why red cars might get more tickets involves looking at what kinds of cars get painted red. How many red sedans and mini-vans can you spot driving down the highway? Now how about red sports cars? I suspect that if lots of light-weight, high horse-power cars are red, we might see a higher percentage of red cars getting tickets.

But even that theory is suspect. Maybe red cars don’t actually receive more tickets. According to one study, red cars account for 14 percent of all cars on the road, and receive 16 percent of issued tickets. While that study does show a slight disadvantage toward red cars, the numbers of cars sampled was small enough to make a two percent difference insignificant.

Probably the best way to determine if law enforcement officers prefer to issue tickets to red cars would be to ask them. As opposed to the variety of reasons why red cars might get more tickets, officers responded unanimously, essentially stating, “We issue citations for violations, not colors.” Rather than spend time and energy trying to decide which car color will most frequently go unnoticed by traffic cops, drivers might have more success avoiding tickets if they chose to obey traffic laws.