When Speeding Becomes Reckless

Q: At what point does speeding go from an infraction to a crime? 20 over? 30 over? Double the posted speed limit?

A: Are you ready for a Latin lesson? Don’t worry; I don’t know Latin either, except for a few terms in the Revised Code of Washington. And we’re only going to look at one: prima facie. It means, “at first sight” or “based on first impression.”

If you’re a fan of TV legal dramas, you may have heard a character talk about prima facie evidence as if it means they have a slam-dunk case. And if that’s your understanding of prima facie evidence, you’d be forgiven for being concerned about a particular Washington law about speeding.

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Passing Tractors in No-Passing Zones

Q: This time of year there are a lot of tractors driving on roads near farms. Is it legal to pass a tractor in a no-passing zone?

A: The Roman emperor Marcus Aurelius once said, “The impediment to action advances action. That which stands in the way becomes the way.” This quote has been popularized by modern stoic writer Ryan Holiday as, “The obstacle is the way.” Being a fan of stoic philosophy, I’ve been asking myself, “If the obstacle is a tractor, and I’m in a no-passing zone, how does the tractor become the way?” Maybe Marcus meant it as a metaphor and I’m taking it too literally.

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Impaired Driving on a Riding Lawn Mower

Q: Can you get a DUI while driving a riding lawn mower on the road?

A: You’ve got the law, and then you’ve got the interpretation of the law. The law would appear to be the easy part, so let’s start there. In Washington, “A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state” and is impaired. Pretty clear, right?

But wait, you might ask, is a riding lawn mower a vehicle? According to the law, a vehicle is anything that can move on a road and can transport people or property. That’s a broad definition. There are a few minor exceptions, but riding lawn mowers don’t make that list.

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Rules and Philosophy for Passing a Bus

Q: I was on a two-lane road, stopped behind a transit bus at a bus stop that was waiting for a passenger walking fast to catch the bus. A vehicle came up behind me, waited for about five seconds, then passed my car and the bus using the oncoming traffic lane. Were they in the wrong? In the right?

A: Leo Tolstoy once wrote, “It’s not given to people to judge what’s right or wrong. People have eternally been mistaken and will be mistaken, and in nothing more than in what they consider right and wrong.” With all respect to Leo, I’ll wager he’d have made an exception if he’d ever driven a car.

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Same Road, Different Speed Limit?

Q: I am confused as to why the speed limit signs going into and leaving town are often not across from each other, meaning, I guess, that going one direction it is okay to go 50 mph, while in the other direction the limit is only 35.

A: I’m confused too. Especially since you use “often” in your description. Now that you’ve brought it to my attention, I’ve been paying attention to speed limit transitions, and the ones I’ve come across have all lined up, more or less. But that doesn’t mean they’re not out there, somewhere. As the alien hunters say, absence of proof is not proof of absence.

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Left Turns in Growing Cities

Q: Here’s the scenario: I’m on a multi-lane arterial intending to take a left turn three blocks ahead. Cars ahead of me that are also turning left have filled the left turn lane and backed up into the two-way turn lane for almost three blocks. Do I pull in after them in the two-way turn lane, or do I drive up to the left turn lane and stop with my blinker on waiting for the turn lane to empty out? Can I travel through an intersection from one two-way turn lane to the next if I haven’t traveled 300 feet?

A: You’ve asked me to choose between two options, neither of which I can recommend, because both violate the law. I’ll propose that this is a false dilemma, as there are other legal options, but I suspect that you’ll find them unsatisfactory.

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How Bad is Freeway Speeding?

Q: I recently drove from Blaine to Kelso and back on a weekend. Other than downtown Seattle, the average speed on I-5 was 80 mph in both lanes, and there were vehicles passing me by. Twice, a motorcycle blasted through weaving between cars at over 100 mph. I’ve not experienced this kind of freeway driving in Washington before. Is this commonplace now?

A: What does it say about our driving culture that the part of your question I find hardest to believe isn’t the 100 mph motorcycles; it’s that you drove almost the entire I-5 corridor in Washington and only had slow traffic in downtown Seattle. My experience has typically been traffic jams starting near Olympia and continuing to Smokey Point. However, we’re not here to talk about slow traffic.

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Your Car Influences Your Behavior

Q: I’ve noticed that very few Teslas display front license plates. And on further revue I’ve noticed other brands and types of passenger cars, mostly compacts, don’t either. I don’t know of any exception to the law that would apply to these vehicles. Just wondering what your take is on this issue.

A: Before I besmirch the good name of Tesla owners, I thought I’d gather some data and see if it confirms your assertion. I conducted an informal observational survey, and my results are as follows: Seventy-one percent of Teslas had a front license plate. Ninety-three percent of non-Teslas had a front license plate. It would seem that Tesla owners, as a group, are more inclined to violate the law that requires a front license plate.

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Right-of-Way on One-Lane Roads

Q: There’s a short stretch of road I travel frequently that is reduced to one lane because part of the road fell into the ocean during a storm. There are stop signs on either end of the one-lane road. Most of the time drivers alternate one car in each direction, but sometimes when several cars are lined up on one end, they’ll all go through at once. Shouldn’t we be alternating? What does the law say?

A: The law says a lot of things about a lot of things, but not much about this. I might even be underselling how little the law addresses this situation. I can’t find any law in the Revised Code of Washington specific to your question. Maybe that’s not surprising. We don’t typically build one-lane roads and expect traffic from both directions. This scenario seems limited to unexpected road failures, construction zones, and one-lane bridges in rural areas.

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Little Motorcycles and Little Humans

Q: I’ve noticed a proliferation of children riding small (but loud!) motorcycles around the neighborhood. Usually up and down the same street until presumably either their fuel runs out or their mother calls them in for dinner. Sometimes they have helmets, sometimes not. What does the law say about this kind of activity?

A: If I were twelve years old and had access to a pocket bike, I’d definitely want to ride it on the road. Twelve-year-old boys are kind of dumb that way. So parents, this one’s on you, both legally and as the responsible adult.

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