Bill Summary – FastDemocracy

H-0553.1
                                 HOUSE BILL 1428
     State of Washington         68th Legislature       2023 Regular Session
     By Representatives Alvarado, Street,      Reed,   Fitzgibbon,   Simmons,
     Berry, Bateman, Mena, Ramel, and Macri
     Read first time 01/18/23.   Referred to Committee on Transportation.
     AN ACT Relating to pedestrians crossing and moving along
 roadways; amending RCW 46.61.050, 46.61.055, 46.61.060, 46.61.235,
 46.61.240, and 46.61.250; adding a new section to chapter 46.61 RCW;
 and repealing RCW 46.61.230.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.   Sec. 1.   A new section is added to chapter 46.61
 RCW to read as follows:
     (1) A pedestrian may cross a roadway at any point unless a
 reasonably careful person would realize there is an immediate danger
 of a collision with a moving vehicle, a person operating a bicycle,
 or personal delivery device. This subsection does not relieve a
 pedestrian from the duty of exercising due care for their safety or
 relieve a driver of a vehicle, a person operating a bicycle, or
 personal delivery device from the duty of exercising due care for the
 safety of any pedestrian within the roadway.
     (2) This section supersedes and preempts all local rules,
 regulations, codes, statutes, and ordinances to the contrary and in
 conflict with this act.
     Sec. 2.   RCW 46.61.050 and 2020 c 66 s 1 are each amended to read
 as follows:
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     (1) The driver of any vehicle, a person operating a bicycle, and
 every pedestrian shall obey, and the operation of every personal
 delivery device shall follow, the instructions of any official
 traffic control device applicable thereto, and as specified in this
 chapter, placed in accordance with the provisions of this chapter,
 unless otherwise directed by a traffic or police officer, subject to
 the exception granted in section 1 of this act and granted the driver
 of an authorized emergency vehicle in this chapter.
     (2) No provision of this chapter for which official traffic
 control devices are required shall be enforced against an alleged
 violator if at the time and place of the alleged violation an
 official device is not in proper position and sufficiently legible or
 visible to be seen by an ordinarily observant person. Whenever a
 particular section does not state that official traffic control
 devices are required, such section shall be effective even though no
 devices are erected or in place.
     (3) Whenever official traffic control devices are placed in
 position approximately conforming to the requirements of this
 chapter, such devices shall be presumed to have been so placed by the
 official act or direction of lawful authority, unless the contrary
 shall be established by competent evidence.
     (4) Any official traffic control device placed pursuant to the
 provisions of this chapter and purporting to conform to the lawful
 requirements pertaining to such devices shall be presumed to comply
 with the requirements of this chapter, unless the contrary shall be
 established by competent evidence.
     Sec. 3.   RCW 46.61.055 and 2019 c 214 s 10 are each amended to
 read as follows:
     Whenever traffic is controlled by traffic control signals
 exhibiting different colored lights, or colored lighted arrows,
 successively one at a time or in combination, only the colors green,
 red and yellow shall be used, except for special pedestrian signals
 carrying a word or legend, and said lights shall indicate and apply
 to drivers of vehicles, pedestrians, and personal delivery devices,
 as follows:
     (1) Green indication
     (a) Vehicle operators facing a circular green signal may proceed
 straight through or turn right or left unless a sign at such place
 prohibits either such turn. Vehicle operators turning right or left
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 shall stop to allow other vehicles lawfully within the intersection
 control area to complete their movements. Vehicle operators turning
 right or left shall also stop for pedestrians who or personal
 delivery devices that are lawfully within the intersection control
 area as required by RCW 46.61.235(1).
     (b) Vehicle operators facing a green arrow signal, shown alone or
 in combination with another indication, may enter the intersection
 control area only to make the movement indicated by such arrow, or
 such other movement as is permitted by other indications shown at the
 same time. Vehicle operators shall stop to allow other vehicles
 lawfully within the intersection control area to complete their
 movements. Vehicle operators shall also stop for pedestrians who or
 personal delivery devices that are lawfully within the intersection
 control area as required by RCW 46.61.235(1).
     (c) Unless otherwise directed by a pedestrian control signal, as
 provided in RCW 46.61.060 ((as now or hereafter amended)),
 pedestrians or personal delivery devices facing any green signal,
 except when the sole green signal is a turn arrow, may proceed across
 the roadway within any marked or unmarked crosswalk.
     (2) Steady yellow indication
     (a) Vehicle operators facing a steady circular yellow or yellow
 arrow signal are thereby warned that the related green movement is
 being terminated or that a red indication will be exhibited
 immediately thereafter when vehicular traffic shall not enter the
 intersection. Vehicle operators shall stop for pedestrians who or
 personal delivery devices that are lawfully within the intersection
 control area as required by RCW 46.61.235(1).
     (b) Pedestrians or personal delivery devices facing a steady
 circular yellow or yellow arrow signal, unless otherwise directed by
 a pedestrian control signal as provided in RCW 46.61.060 and except
 as provided otherwise in section 1 of this act, shall not enter the
 roadway.
     (3) Steady red indication
     (a) Vehicle operators facing a steady circular red signal alone
 shall stop at a clearly marked stop line, but if none, before
 entering the crosswalk on the near side of the intersection or, if
 none, then before entering the intersection control area and shall
 remain standing until an indication to proceed is shown. However, the
 vehicle operators facing a steady circular red signal may, after
 stopping proceed to make a right turn from a one-way or two-way
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 street into a two-way street or into a one-way street carrying
 traffic in the direction of the right turn; or a left turn from a
 one-way or two-way street into a one-way street carrying traffic in
 the direction of the left turn; unless a sign posted by competent
 authority prohibits such movement. Vehicle operators planning to make
 such turns shall remain stopped to allow other vehicles lawfully
 within or approaching the intersection control area to complete their
 movements. Vehicle operators planning to make such turns shall also
 remain stopped for pedestrians who or personal delivery devices that
 are lawfully within the intersection control area as required by RCW
 46.61.235(1).
     (b) Unless otherwise directed by a pedestrian control signal as
 provided in RCW 46.61.060 ((as now or hereafter amended)) and except
 as provided otherwise in section 1 of this act, pedestrians or
 personal delivery devices facing a steady circular red signal alone
 shall not enter the roadway.
     (c) Vehicle operators facing a steady red arrow indication may
 not enter the intersection control area to make the movement
 indicated by such arrow, and unless entering the intersection control
 area to make such other movement as is permitted by other indications
 shown at the same time, shall stop at a clearly marked stop line, but
 if none, before entering a crosswalk on the near side of the
 intersection control area, or if none, then before entering the
 intersection control area and shall remain standing until an
 indication to make the movement indicated by such arrow is shown.
 However, the vehicle operators facing a steady red arrow indication
 may, after stopping proceed to make a right turn from a one-way or
 two-way street into a two-way street or into a one-way street
 carrying traffic in the direction of the right turn; or a left turn
 from a one-way street or two-way street into a one-way street
 carrying traffic in the direction of the left turn; unless a sign
 posted by competent authority prohibits such movement. Vehicle
 operators planning to make such turns shall remain stopped to allow
 other vehicles lawfully within or approaching the intersection
 control area to complete their movements. Vehicle operators planning
 to make such turns shall also remain stopped for pedestrians who or
 personal delivery devices that are lawfully within the intersection
 control area as required by RCW 46.61.235(1).
     (d) Unless otherwise directed by a pedestrian signal and except
 as provided otherwise in section 1 of this act, pedestrians or
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  personal delivery devices facing a steady red arrow signal indication
  shall not enter the roadway.
      (4) If an official traffic control signal is erected and
  maintained at a place other than an intersection, the provisions of
  this section shall be applicable except as to those provisions which
  by their nature can have no application. Any stop required shall be
  made at a sign or marking on the pavement indicating where the stop
  shall be made, but in the absence of any such sign or marking the
  stop shall be made at the signal.
     Sec. 4.   RCW 46.61.060 and 2019 c 214 s 11 are each amended to
 read as follows:
     Whenever pedestrian control signals exhibiting the words "Walk"
 or the walking person symbol or "Don't Walk" or the hand symbol are
 operating, the signals shall indicate as follows:
     (1) WALK or walking person symbol—Pedestrians or personal
 delivery devices facing such signal may cross the roadway in the
 direction of the signal. Vehicle operators shall stop for pedestrians
 who or personal delivery devices that are lawfully moving within the
 intersection control area on such signal as required by RCW
 46.61.235(1).
     (2) Steady or flashing DON'T WALK or hand symbol—Pedestrians or
 personal delivery devices facing such signal shall not enter the
 roadway, except as provided otherwise in section 1 of this act.
 Vehicle operators shall stop for pedestrians who or personal delivery
 devices that have begun to cross the roadway before the display of
 either signal as required by RCW 46.61.235(1).
     (3) Pedestrian control signals having the "Wait" legend in use on
 August 6, 1965, shall be deemed authorized signals and shall indicate
 the same as the "Don't Walk" legend. Whenever such pedestrian control
 signals are replaced the legend "Wait" shall be replaced by the
 legend "Don't Walk" or the hand symbol.
     Sec. 5.   RCW 46.61.235 and 2019 c 214 s 12 are each amended to
 read as follows:
     (1) The operator of an approaching vehicle shall stop and remain
 stopped to allow a pedestrian((,)) to cross the roadway at any point
 subject to section 1 of this act, and to allow a bicycle((,)) or
 personal delivery device to cross the roadway within an unmarked or
 marked crosswalk, when the pedestrian, bicycle, or personal delivery
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 device is upon or within one lane of the half of the roadway upon
 which the vehicle is traveling or onto which it is turning. For
 purposes of this section "half of the roadway" means all traffic
 lanes carrying traffic in one direction of travel, and includes the
 entire width of a one-way roadway.
     (2) ((No)) Except as provided in section 1 of this act, no
 pedestrian, bicycle, or personal delivery device 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.
     (3) ((Subsection (1) of this section does not apply under the
 conditions stated in RCW 46.61.240(2).
     (4))) Whenever any vehicle is stopped ((at a marked crosswalk or
 at any unmarked crosswalk at an intersection)) in the roadway to
 permit a pedestrian, bicycle, or personal delivery device to cross
 the roadway, the driver of any other vehicle approaching from the
 rear shall not overtake and pass such stopped vehicle.
     (((5))) (4)(a) If a person is found to have committed an
 infraction under this section within a school, playground, or
 crosswalk speed zone created under RCW 46.61.440, the person must be
 assessed a monetary penalty equal to twice the penalty assessed under
 RCW 46.63.110. The penalty may not be waived, reduced, or suspended.
     (b) Fifty percent of the moneys collected under this subsection
 must be deposited into the school zone safety account.
     Sec. 6.   RCW 46.61.240 and 2019 c 214 s 13 are each amended to
 read as follows:
     (1) Every ((pedestrian or)) personal delivery device crossing a
 roadway at any point other than within a marked crosswalk or within
 an unmarked crosswalk at an intersection shall yield the right-of-way
 to all vehicles upon the roadway.
     (2) ((Where curb ramps exist at or adjacent to intersections or
 at marked crosswalks in other locations, persons with disabilities or
 personal delivery devices may enter the roadway from the curb ramps
 and cross the roadway within or as closely as practicable to the
 crosswalk. All other pedestrian rights and duties as defined
 elsewhere in this chapter remain applicable.
     (3) Any pedestrian crossing a roadway at a point where a
 pedestrian tunnel or overhead pedestrian crossing has been provided
 shall yield the right-of-way to all vehicles upon the roadway.
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     (4) Between adjacent intersections at which traffic-control
 signals are in operation pedestrians shall not cross at any place
 except in a marked crosswalk.
     (5))) No ((pedestrian or)) personal delivery device shall cross a
 roadway intersection diagonally unless authorized by official
 traffic-control devices; and, when authorized to cross diagonally,
 ((pedestrians and)) personal delivery devices shall cross only in
 accordance with the official traffic-control devices pertaining to
 such crossing movements.
     (((6))) (3) No ((pedestrian or)) personal delivery device shall
 cross a roadway at an unmarked crosswalk where an official sign
 prohibits such crossing.
     Sec. 7.   RCW 46.61.250 and 2022 c 235 s 3 are each amended to
 read as follows:
     (1) Where sidewalks are provided and are accessible, it is
 unlawful for any pedestrian to walk or otherwise move along and upon
 an adjacent roadway. Where sidewalks are provided but wheelchair
 access is not available, persons with disabilities who require such
 access may walk or otherwise move along and upon an adjacent roadway
 until they reach an access point in the sidewalk.
     (2) Where sidewalks are not provided or are inaccessible, a
 pedestrian walking or otherwise moving along and upon a highway, and
 any personal delivery device moving along and upon a highway, shall:
     (a) When shoulders are provided and are accessible, walk or move
 on the shoulder of the roadway as far as is practicable from the edge
 of the roadway((, facing traffic when a shoulder is available in this
 direction)); or
     (b) When shoulders are not provided or are inaccessible, walk or
 move as near as is practicable to the outside edge of the roadway
 ((facing traffic)), and when practicable, move clear of the roadway
 upon meeting an oncoming vehicle.
     (3) ((A pedestrian traveling to the nearest emergency reporting
 device on a one-way roadway of a controlled access highway is not
 required to travel facing traffic as otherwise required by subsection
 (2) of this section.
     (4))) When walking or otherwise moving along and upon ((an
 adjacent)) a roadway as authorized under this section, a pedestrian
 shall exercise due care to avoid colliding with any vehicle upon the
 roadway.
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     (((5))) (4) Subsections (1) and (2) of this section do not apply
 when the roadway is duly closed to vehicular traffic by placement of
 official traffic control devices for the sole purposes of pedestrian
 and bicyclist use of the roadway.
     NEW SECTION.    Sec. 8.    RCW 46.61.230 (Pedestrians subject to
 traffic regulations) and 1965 ex.s. c 155 s 33 are each repealed.
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Statutes affected: 
Original Bill: 46.61.050, 46.61.055, 46.61.060, 46.61.235, 46.61.240, 46.61.250, 46.61.230