HomeMy WebLinkAbout4640 Resolution - Enacting City Council Speed Limit Policy
Resolution - Establish City Council Speed Limit Policy - 1
RESOLUTION NO. 4640
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ADOPTING AND APPROVING THE CITY COUNCIL SPEED LIMIT
SETTING POLICY.
WHEREAS, the Revised Code of Washington (RCW) Section 46.61.400 establishes the
general speed limits across Washington State; and
WHEREAS, RCW Section 46.61.415 authorizes local governments to increase or
decrease speed limits on city highways based on an engineering and traffic investigation, with a
distinction between nonarterial highways and other highways; and
WHEREAS, RCW Section 46.61.440 allows local jurisdictions to reduce speed limits to
20 mph in school or playground zones, with specific requirements for signage and enforcement
penalties; and
WHEREAS, the Washington Administrative Code (WAC) Section 468-95-045 provides
guidance on setting speed limits in 5 mph increments, based on engineering study or traffic
investigation, and consistency in signage and visibility; and
WHEREAS, RCW 46.61.415 provides an exception to performing an engineering and
traffic investigation, wherein local governments may establish a 20-mph speed limit on a
nonarterial highway or portion thereof if the local government has developed procedures for the
establishment of maximum speed limits under the relevant statute; and
WHEREAS, the City of Pasco’s City Council has guided the development of speed limit
setting procedures for their use within city limits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council approves and adopts the City Council Speed Limit Setting Policy,
attached hereto as Exhibit A, to provide a process to determine speed limits and establish
procedures to allow speed limit reductions without the use of an engineering and traffic
investigation on certain local nonarterial highways.
Be It Further Resolved, that the City Manager is authorized to take all necessary actions
to implement this Policy.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution - Establish City Council Speed Limit Policy - 2
PASSED by the City Council of the City of Pasco, Washington, on this 18th day of August,
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
2025.
_____________________________
David Milne
Mayor
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk City Attorneys
City of Pasco
City Council Speed Limit Setting Policy
August 2025
Exhibit A
Introduction
Speed limits are established to inform motorists of the maximum allowable travel speed for a
roadway under favorable conditions. These posted limits serve as a critical element of traffic
control, providing a consistent basis for enforcement and promoting predictable driver behavior.
The purpose of this policy is to ensure that speed limits within the City of Pasco are applied
consistently, transparently, and in accordance with state law and engineering best practices. By
aligning speed limits with roadway conditions, land use context, and observed traffic patterns, the
City aims to enhance public safety, support efficient mobility, and foster community confldence in
the transportation system.
Legal Authority
The City of Pasco sets and modifles speed limits under the authority granted by the State of
Washington. These laws provide the statutory and regulatory foundation for speed limit setting
within the City of Pasco. All speed limit decisions must comply with these provisions to ensure they
are enforceable, promote public safety, and withstand legal scrutiny.
The following Revised Code of Washington (RCW) and Washington Administrative Code (WAC)
sections provide the legal foundation for establishing, modifying, and enforcing speed limits on
public roadways:
Revised Code of Washington (RCW)
• RCW 46.61.400 – Basic Rule and Maximum Limits
Establishes the general speed limits across the state:
o 25 mph on city and town streets
o 50 mph on county roads
o 60 mph on state highways
Speed limits must be appropriate for roadway conditions and may not exceed these
limits unless otherwise authorized.
o The maximum speed limits set forth in this section may be altered as authorized in
RCW 46.61.405, 46.61.410, and 46.61.415.
• RCW 46.61.415 – When Local Authorities May Alter Maximum Limits
Authorizes local governments to increase or decrease speed limits on city streets based on
an engineering and traffic investigation. The statute requires consistency with safe and
efficient traffic operations. This section makes a distinction between nonarterial roadways
and all others.
• RCW 46.61.440 – Speed Limits in School or Playground Crosswalks
Allows local jurisdictions to reduce speed limits to 20 mph in school or playground zones,
with speciflc requirements for signage and enforcement times.
Washington Administrative Code (WAC)
• WAC 468-95-045 – Speed Limits
Part of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted in Washington.
This section provides guidance on:
o Setting speed limits in 5 mph increments
o Using engineering judgment and studies
o Ensuring consistency in signing and visibility
There is an exception to performing an engineering and traffic investigation. As provided for in RCW
46.61.415 above, Council may establish a 20 MPH speed limit on a nonarterial street or portion
thereof without an engineering and traffic investigation if a procedure has been created. This
document serves to establish this procedure.
Citywide Safety Goals
This policy incorporates citywide safety goals by reference as established in the Transportation
System Master Plan, Local Road Safety Plan, and Comprehensive Safety Action Plan as amended
and developed.
Context and Driver Behavior
In addition to regulatory speed limits described above, drivers are expected to reduce speeds
further from the posted speed limit under certain conditions (e.g. poor visibility, adverse weather,
congestion, warning signs). Advisory signage may be used in particular areas to alert drivers to
speciflc roadway conditions and provide additional guidance for the appropriate travel speed on a
roadway in a given location. While advisory speed limits do not carry the same force of law as
posted regulatory speed limits, motorists can be cited under the basic speed rule as driving too fast
for the prevailing conditions.
The character or “feel” of a roadway can also infiuence travel speeds. Median islands, landscaped
boulevards or urban design treatments, and varying roadside development are but a few examples
of roadway features that can infiuence prevailing travel speeds. This is largely because drivers tend
to select operating speeds based on the visual scene presented to them; therefore, the speed limit
and design of the road must work in concert if desired operating speeds are to be achieved. Special
situations also may exist which include school zones, work zones, and variable speed zones or
other advisory speed conditions.
Understanding the above, the following factors will be considered when establishing or adjusting
speed limits to ensure they are appropriate for the speciflc context:
• Adjacent land uses (residential, commercial, institutional)
• Presence of schools, parks, and playgrounds
• Pedestrian and bicycle activity levels and proximity to the travel lane(s)
• Roadway geometry, sight distances, and traffic control devices
• Historical crash data and safety concerns
Framework
The application of this speed limit policy is grounded in the principles of safety, consistency, and
evidence-based decision making. It establishes a clear framework for how speed limits are
evaluated, recommended, and enacted within the City of Pasco.
Roles and Responsibilities
• City Council
The City Council serves as the legislative body with flnal authority to establish or amend
speed limits by ordinance. Council decisions will be informed by the flndings and
recommendations presented by the Public Works Department and may consider additional
input from residents, stakeholders, and other public agencies.
• Public Works Department
The Public Works Department is responsible for initiating and conducting evaluations of
existing or proposed speed limits. This includes reviewing roadway conditions, traffic
volumes, crash histories, surrounding land uses, and input from the Police and Fire
Departments. The department prepares recommendations based on engineering judgment
and best practices, including the guidance set forth in national standards such as the
Manual on Uniform Traffic Control Devices (MUTCD).
Public Involvement
Community engagement is a vital component of the speed limit setting process. Input from
residents, businesses, neighborhood groups, and advocacy organizations will be considered when
speed limits are under review. The City will strive to ensure that speed limit decisions support
equitable outcomes across all neighborhoods including considerations for all users.
Engineering and Traffic Evaluation
Speed limits will be established or modifled based on an engineering and traffic investigation that
considers a variety of factors, including but not limited to:
• Land Use Context (roadside development, density, adjacent land use, zoning, on-street
parking)
• Geometric Features (roadway curvature, grade, shoulder width, pavement width, lane
widths, sight distance)
• Driveway Access Density
• Roadway Functional Classiflcation
• Crash History
• Active Transportation Use (number of users, types of users e.g. children, seniors, mobility
impaired, etc., proximity to ped/bike generators such as trails, schools, parks, transit)
• Active Transportation Facilities (existing and whether the city is planning for facilities in the
future based on the Transportation Master Plan)
• Vehicle Speed Characteristics (50th and 85th percentile)
• Traffic Volumes
The following items are not required but may support a more comprehensive review:
• Enforcement and Traffic Citation History
• History of Past Speed Studies or Speed Limit Changes on the Roadway
• Public Testimony
The above data items are consistent with criteria listed in the updated MUTCD and are supportive of
data listed in NACTO City Limits. The engineering and traffic evaluation is based on these factors
and will be considered in determining a recommended speed limit. This evaluation ensures that
speed limits refiect the actual operating environment and support safe travel for all users.
Roadway Design
Since posted limits alone may not infiuence driver behavior, potential roadway design treatments
such as lane narrowing, medians, pedestrian refuge islands, or traffic calming will be considered as
part of the evaluation.
Procedure
The City of Pasco utilizes a context-sensitive approach to setting speed limits that refiects the
diverse characteristics and functions of its roadways. This framework provides general guidance for
establishing speed limits aligned with roadway classiflcation and surrounding land use.
Roadway Categories
Speed limits will be established according to the functional classiflcation of roadways, which
considers their role in the transportation network:
Arterial Roads
The procedures for determining the appropriate speed limit on an arterial should include a robust
collection of data for the subject roadway segment. Engineering and Traffic Investigations may
include a speed study conducted consistent with the Manual on Uniform Traffic Control Devices
(MUTCD) that provides guidance on the collection and analysis of data.
The following procedures should be followed in setting regulatory speed limits:
1. Observe vehicle operating speeds and conduct speed study data collection for subject
segments under free fiow traffic conditions. Determine 85th percentile speed and 50th
percentile speed for the study segment.
2. Collect all other data.
3. Determine the “suggested speed limit” based on data inputs shown in the Engineering and
Traffic Evaluation section above.
4. Consider how the suggested speed limit impacts non-vehicular uses of or near the right of
way.
5. If the “suggested speed limit” does not match the desired speed limit based on the
engineer’s evaluation of the corridor, consider other interventions, as needed, to encourage
lower driving speeds in conjunction with the speed limit reduction.
6. Collaborate with City Police Department in the formulation of flndings for an appropriate
speed limit. Consider the department’s opinions on the ability to feasibly enforcement
regulatory speed limit on this segment.
7. Document the flndings of the Engineering and Traffic Investigation in a written report. This
evaluation should include a thorough description of any recommended speed limit.
8. Where modiflcations from the current Speed Limit Ordinance in effect are justifled (either to
raise or lower a posted regulatory speed), prepare proposed modiflcations to said
ordinance and seek City Council approval based on the flndings of the Engineering and
Traffic Investigation.
Local Residential Streets
Pursuant to RCW 46.61.415, the City of Pasco City Council has the authority to establish a
maximum speed limit of twenty miles per hour on a nonarterial highway without an engineering
study, so long as there are procedures that dictate where this may occur. When one or more local
streets is considered for a 20 MPH speed limit, the following procedures shall be followed:
1. Identify the boundaries of the street or neighborhood that will receive the new
maximum speed limit and assure all boundaries from arterials can be clearly deflned
with a new posted speed limit.
2. Conflrm that streets within the boundary will receive the new maximum speed limit.
Determine if there are any streets that are classifled "Local” but operate at a higher use
class and should maintain a higher speed limit.
3. Notify residents within the boundaries of the anticipated speed limit change.
4. Complete the speed limit ordinance process to formally change the speed to 20 MPH.
5. Change the signage and markings in the fleld as needed.
6. Collect “before” speed and volume data before the speed limit change is approved and
changed in the fleld.
7. Collect “after” data a minimum of three months after the speed limit is changed.
8. If within 12 months of the decision to set the maximum speed limit to 20MPH the City
Council determines that the change has not been effective, they may by a majority vote
restore the previous speed limit without an Engineering and Traffic Investigation.
Implementation Consistency
Speed limits will be set in accordance with state laws and guidelines, including compliance with
the Manual on Uniform Traffic Control Devices (MUTCD). Limits will be posted clearly and
consistently to promote understanding and compliance among motorists.
Review and Adjustment
To maintain an effective and responsive speed limit system, the City of Pasco commits to regularly
reviewing posted speed limits and making adjustments as necessary based on evolving conditions
and new data.
Periodic Review
Speed limits will be reviewed at least every three to flve years or sooner if warranted by changes in
roadway characteristics, land use, or traffic patterns. This routine evaluation ensures that speed
limits remain appropriate and continue to support safety and mobility objectives.
Criteria for Re-Evaluation
In addition to scheduled reviews, speed limits may be re-evaluated in response to:
• Signiflcant increases in crash frequency or severity
• Community requests or concerns regarding safety or traffic speeds
• Changes in roadway design, such as new development or traffic control measures
• Updated traffic or engineering studies indicating a need for modiflcation
Documentation and Accountability
All reviews and subsequent adjustments will be documented thoroughly, including the data
analyzed, flndings, and rationale for any changes. Documentation will be maintained by the Public
Works Department in accordance with the RCW 42.56 as amended and made available to
stakeholders upon request to ensure transparency and accountability.
Appendix
Definitions
85th Percentile Speed – The speed at or below which 85 percent of free-fiow motor vehicle traffic is
moving.
50th Percentile Speed – The speed at or below which 50 percent of free-fiow motor vehicle traffic is
moving.
Arterial Road – Arterial roadways serve a large percentage of travel between activity centers,
especially when minimizing travel time and distance is important. For this reason, Arterials typically
are roadways with high traffic volumes and are frequently the route of choice for buses and trucks.
Engineering and Traffic Investigation – the assessment of conditions by a professional engineer
licensed in the fleld of transportation and/or the assessment of conditions by a designee working
under the direct supervision of a professional engineer licensed in the fleld of transportation with
the purpose of determining flndings that may inform further study, action, or recommended plan
associated with a transportation related issue. The assessment may be qualitative based or
quantifled based on data, facts, or other pertinent information. Engineering and Traffic
Investigations need not result in written documentation of the assessment and/or flndings.
Engineering and Traffic Investigations may however lead to a written report at the discretion of the
Engineer, if resources allow and found necessary.
Speed Study – A summary report of the collected fleld data which refiects the speed at which
vehicles are passing a particular location. The speed study shall include at a minimum the
summary determination of the 85th percentile speed and 50th percentile speed for free fiowing
traffic by direction and may include other speed indicators such as mean or average speed. Where
practical, infiuences from close proximity to traffic signals should be avoided and the general
application of speed studies should be consistent with the guidance contained in the MUTCD.
Legal Reference
RCW 46.61.400
Basic rule and maximum limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent
under the conditions and having regard to the actual and potential hazards then existing. In every
event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle
or other conveyance on or entering the highway in compliance with legal requirements and the duty
of all persons to use due care.
(2) Except when a special hazard exists that requires lower speed for compliance with subsection
(1) of this section, the limits specifled in this section or established as hereinafter authorized shall
be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess
of such maximum limits.
(a) Twenty-flve miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may be altered as authorized in
RCW 46.61.405, 46.61.410, and 46.61.415.
(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this
section, drive at an appropriate reduced speed when approaching and crossing an intersection or
railway grade crossing, when approaching and going around a curve, when approaching a hill crest,
when traveling upon any narrow or winding roadway, and when special hazard exists with respect to
pedestrians or other traffic or by reason of weather or highway conditions.
RCW 46.61.415
When local authorities may establish or alter maximum limits.
*** CHANGE IN 2025 *** (SEE 5595.SL, attached) ***
(1) Whenever local authorities in their respective jurisdictions determine on the basis of an
engineering and traffic investigation that the maximum speed permitted under
RCW 46.61.400 or 46.61.440 is greater or less than is reasonable and safe under the conditions
found to exist upon a highway or part of a highway, the local authority may determine and declare a
reasonable and safe maximum limit thereon which
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than 60 miles per hour; or
(c) Decreases the limit but not to less than 20 miles per hour.
(2) Local authorities in their respective jurisdictions shall determine by an engineering and traffic
investigation the proper maximum speed for all arterial streets and shall declare a reasonable and
safe maximum limit thereon which may be greater or less than the maximum speed permitted
under RCW 46.61.400(2) but shall not exceed 60 miles per hour.
(3)(a) Local authorities in their respective jurisdictions may establish a maximum speed limit of 20
miles per hour on a nonarterial highway or part of a nonarterial highway.
(b) A speed limit established under this subsection by a local authority does not need to be
determined on the basis of an engineering and traffic investigation if the local authority has
developed procedures regarding establishing a maximum speed limit under this subsection. Any
speed limit established under this subsection may be canceled within one year of its
establishment, and the previous speed limit reestablished, without an engineering and traffic
investigation. This subsection does not otherwise affect the requirement that local authorities
conduct an engineering and traffic investigation to determine whether to increase speed limits.
(c) When establishing speed limits under this subsection, local authorities shall consult the manual
on uniform traffic control devices as adopted by the Washington state department of
transportation.
(4) The secretary of transportation is authorized to establish speed limits on county roads and city
and town streets as shall be necessary to conform with any federal requirements which are a
prescribed condition for the allocation of federal funds to the state.
(5) Any altered limit established as hereinbefore authorized shall be effective when appropriate
signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective
at all times or at such times as are indicated upon such signs; and differing limits may be
established for different times of day, different types of vehicles, varying weather conditions, and
other factors bearing on safe speeds, which shall be effective when posted upon appropriate flxed
or variable signs.
(6) Any alteration of maximum limits on state highways within incorporated cities or towns by local
authorities shall not be effective until such alteration has been approved by the secretary of
transportation.
WAC 468-95-045
Speed limit sign (R2-1).
Revise MUTCD Section 2B.13 to read:
Standard:
Speed Limits (R2-1) signs (see Figure 2B-1) shall display the speed limit established by statute;
or, by an ordinance or regulation adopted by the authorized agency, based on the engineering
study or traffic investigation required by RCW 46.61.405, 46.61.410, and 46.61.415. The speed
limit shall be set in multiples of - 5 mph.
Guidance:
Authorized agencies should reevaluate speed limits on segments of their roadways that have
undergone a signiflcant change in roadway characteristics or surrounding land use since the last
review.
No more than three speed limits should be posted on any one Speed Limit sign or assembly.
When evaluating speed limits, the following factors should be considered:
• The 85th percentile speed of vehicles traveling on the road;
• Road characteristics, shoulder condition, grade, alignment, and sight distance;
• The pace speed;
• Roadside development and environment;
• Parking practices and pedestrian activity;
• Reported crash experience for at least a 12 month period; and
• Other factors such as route development or comprehensive plans.
Option:
Two types of Speed Limit signs may be used: One to designate passenger car speeds, including any
nighttime information or minimum speed that may apply; and, the other to show any special speed
limits for trucks and other vehicles.
A changeable message sign that changes the speed limit for traffic and ambient conditions may be
installed provided that the appropriate speed limit is shown at the proper times.
A changeable message sign that displays to drivers the speed at which they are traveling may be
installed in conjunction with a Speed Limit sign.
Guidance:
If a changeable message sign displaying approach speeds is installed, the legend your speed
xx (mph) or such similar legend should be shown. The color of the changeable message legend
should be a yellow legend on a black background or the reverse of these colors.
Support:
Advisory Speed signs are discussed in Sections 2C.08, 2C.14, and 2C.15. Temporary Traffic Control
Zone Speed signs are discussed in Part 6.
[Statutory Authority: RCW 47.36.030. WSR 11-23-101, § 468-95-045, flled 11/18/11, effective
12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-
23-003, § 468-95-045, flled 11/3/05, effective 12/4/05.]
Functional Classiflcation Map
Hosted by WSDOT here: https://www.wsdot.wa.gov/data/tools/geoportal/?conflg=functionalclass
Found in the Pasco Transportation System Master Plan: https://www.pasco -
wa.gov/DocumentCenter/View/64056/Pasco -TSMP-Entire-Plan---June-2022-Final_r?bidId=
CERTIFICATION OF ENROLLMENT
ENGROSSED SENATE BILL 5595
Chapter 300, Laws of 2025
69th Legislature
2025 Regular Session
SHARED STREETS
EFFECTIVE DATE: July 27, 2025
Passed by the Senate April 17, 2025
Yeas 31 Nays 18
JOHN LOVICK
President of the Senate
Passed by the House April 11, 2025
Yeas 64 Nays 32
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is ENGROSSED SENATE
BILL 5595 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
SARAH BANNISTER
Secretary
Approved May 17, 2025 11:21 AM FILED
May 19, 2025
BOB FERGUSON
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to establishing shared streets; amending RCW 1
46.61.250, 46.61.415, 46.61.110, 46.61.240, and 46.61.770; and adding 2
a new section to chapter 46.61 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 46.61 5
RCW to read as follows:6
(1)(a) A local authority may designate a nonarterial highway, 7
except as provided in (b) of this subsection, to be a shared street 8
under this section, if the local authority has developed procedures 9
for establishing shared streets.10
(b) Nonarterial highways that are state highways may not be 11
designated shared streets unless they are the primary roads through a 12
central business district.13
(2) Vehicular traffic traveling along a shared street shall yield 14
the right-of-way to any pedestrian, bicyclist, or operator of a 15
micromobility device on the shared street.16
(3) A bicyclist or operator of a micromobility device shall yield 17
the right-of-way to any pedestrian on a shared street.18
(4) Any local authority that designates a nonarterial highway to 19
be a shared street as provided by this section must post an annual 20
report on the local authority's website of the number of traffic 21
ENGROSSED SENATE BILL 5595
AS AMENDED BY THE HOUSE
Passed Legislature - 2025 Regular Session
State of Washington 69th Legislature 2025 Regular Session
By Senators Alvarado, Liias, Frame, Nobles, Pedersen, Saldaña, and
Shewmake
Read first time 01/30/25. Referred to Committee on Transportation.
p. 1 ESB 5595.SL
accidents, including those that involve a pedestrian, bicyclist, or 1
operator of a micromobility device, that occurred on the designated 2
shared street. The report must also include the number of speeding 3
violations and driving under the influence violations that occurred 4
on the designated shared street.5
(5) For purposes of this section:6
(a) "Micromobility device" means personal or shared nonmotorized 7
scooters, "motorized foot scooters" as defined in RCW 46.04.336, and 8
"electric personal assistive mobility devices" (EPAMD) as defined in 9
RCW 46.04.1695; and10
(b) "Shared street" means a city street designated by placement 11
of official traffic control devices where pedestrians, bicyclists, 12
and vehicular traffic share a portion or all of the same street.13
Sec. 2. RCW 46.61.250 and 2022 c 235 s 3 are each amended to 14
read as follows:15
(1) Where sidewalks are provided and are accessible, it is 16
unlawful for any pedestrian to walk or otherwise move along and upon 17
an adjacent roadway. Where sidewalks are provided but wheelchair 18
access is not available, persons with disabilities who require such 19
access may walk or otherwise move along and upon an adjacent roadway 20
until they reach an access point in the sidewalk.21
(2) Where sidewalks are not provided or are inaccessible, a 22
pedestrian walking or otherwise moving along and upon a highway, and 23
any personal delivery device moving along and upon a highway, shall:24
(a) When shoulders are provided and are accessible, walk or move 25
on the shoulder of the roadway as far as is practicable from the edge 26
of the roadway, facing traffic when a shoulder is available in this 27
direction; or28
(b) When shoulders are not provided or are inaccessible, walk or 29
move as near as is practicable to the outside edge of the roadway 30
facing traffic, and when practicable, move clear of the roadway upon 31
meeting an oncoming vehicle.32
(3) A pedestrian traveling to the nearest emergency reporting 33
device on a one-way roadway of a controlled access highway is not 34
required to travel facing traffic as otherwise required by subsection 35
(2) of this section.36
(4) When walking or otherwise moving along and upon an adjacent 37
roadway, a pedestrian shall exercise due care to avoid colliding with 38
any vehicle upon the roadway.39
p. 2 ESB 5595.SL
(5) Subsections (1) and (2) of this section do not apply when the 1
roadway is duly closed to vehicular traffic by placement of official 2
traffic control devices for the sole purposes of pedestrian and 3
bicyclist use of the roadway.4
(6) Subsections (1), (2), and (4) of this section do not apply on 5
a shared street as defined in section 1 of this act.6
Sec. 3. RCW 46.61.415 and 2022 c 235 s 1 are each amended to 7
read as follows:8
(1) Whenever local authorities in their respective jurisdictions 9
determine on the basis of an engineering and traffic investigation 10
that the maximum speed permitted under RCW 46.61.400 or 46.61.440 is 11
greater or less than is reasonable and safe under the conditions 12
found to exist upon a highway or part of a highway, the local 13
authority may determine and declare a reasonable and safe maximum 14
limit thereon which15
(a) Decreases the limit at intersections; or16
(b) Increases the limit but not to more than 60 miles per hour; 17
or18
(c) Decreases the limit but not to less than 20 miles per hour.19
(2) Local authorities in their respective jurisdictions shall 20
determine by an engineering and traffic investigation the proper 21
maximum speed for all arterial streets and shall declare a reasonable 22
and safe maximum limit thereon, which may be greater or less than the 23
maximum speed permitted under RCW 46.61.400(2) but shall not exceed 24
60 miles per hour.25
(3)(a) Local authorities in their respective jurisdictions may 26
establish a maximum speed limit of 20 miles per hour on a nonarterial 27
highway or part of a nonarterial highway or a maximum speed limit of 28
10 miles per hour on a shared street as defined in section 1 of this 29
act.30
(b) A speed limit established under this subsection by a local 31
authority does not need to be determined on the basis of an 32
engineering and traffic investigation if the local authority has 33
developed procedures regarding establishing a maximum speed limit 34
under this subsection. Any speed limit established under this 35
subsection may be canceled within one year of its establishment, and 36
the previous speed limit reestablished, without an engineering and 37
traffic investigation. This subsection does not otherwise affect the 38
p. 3 ESB 5595.SL
requirement that local authorities conduct an engineering and traffic 1
investigation to determine whether to increase speed limits.2
(c) When establishing speed limits under this subsection, local 3
authorities shall consult the manual on uniform traffic control 4
devices as adopted by the Washington state department of 5
transportation.6
(4) The secretary of transportation is authorized to establish 7
speed limits on county roads and city and town streets as shall be 8
necessary to conform with any federal requirements, which are a 9
prescribed condition for the allocation of federal funds to the 10
state.11
(5) Any altered limit established as hereinbefore authorized 12
shall be effective when appropriate signs giving notice thereof are 13
erected. Such maximum speed limit may be declared to be effective at 14
all times or at such times as are indicated upon such signs; and 15
differing limits may be established for different times of day, 16
different types of vehicles, varying weather conditions, and other 17
factors bearing on safe speeds, which shall be effective when posted 18
upon appropriate fixed or variable signs.19
(6) Any alteration of maximum limits on state highways within 20
incorporated cities or towns by local authorities shall not be 21
effective until such alteration has been approved by the secretary of 22
transportation.23
Sec. 4. RCW 46.61.110 and 2023 c 471 s 4 are each amended to 24
read as follows:25
The following rules shall govern the overtaking and passing of 26
vehicles proceeding in the same direction:27
(1)(a) The driver of a vehicle overtaking other traffic 28
proceeding in the same direction shall pass to the left of it at a 29
safe distance and shall not again drive to the right side of the 30
roadway until safely clear of the overtaken traffic.31
(b)(i) When the vehicle being overtaken is a motorcycle, motor-32
driven cycle, or moped, a driver of a motor vehicle found to be in 33
violation of (a) of this subsection must be assessed an additional 34
fine equal to the base penalty assessed under RCW 46.63.110(3). This 35
fine may not be waived, reduced, or suspended, unless the court finds 36
the offender to be indigent, and is not subject to the additional 37
fees and assessments that the base penalty for this violation is 38
subject to under RCW 2.68.040, 3.62.090, and 46.63.110.39
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(ii) The additional fine imposed under (b)(i) of this subsection 1
must be deposited into the vulnerable roadway user education account 2
created in RCW 46.61.145.3
(2)(a) The driver of a vehicle approaching an individual who is 4
traveling as a pedestrian or on a bicycle, riding an animal, or using 5
a farm tractor or implement of husbandry without an enclosed shell, 6
and who is traveling in the right lane of a roadway or on the right-7
hand shoulder or bicycle lane of the roadway, shall:8
(i) On a roadway with two lanes or more for traffic moving in the 9
direction of travel, before passing and until safely clear of the 10
individual, move completely into a lane to the left of the right lane 11
when it is safe to do so;12
(ii) On a roadway with only one lane for traffic moving in the 13
direction of travel:14
(A) When there is sufficient room to the left of the individual 15
in the lane for traffic moving in the direction of travel, before 16
passing and until safely clear of the individual:17
(I) Reduce speed to a safe speed for passing relative to the 18
speed of the individual; and19
(II) Pass at a safe distance, where practicable of at least three 20
feet, to clearly avoid coming into contact with the individual or the 21
individual's vehicle or animal; or22
(B) When there is insufficient room to the left of the individual 23
in the lane for traffic moving in the direction of travel to comply 24
with (a)(ii)(A) of this subsection, before passing and until safely 25
clear of the individual, move completely into the lane for traffic 26
moving in the opposite direction when it is safe to do so and in 27
compliance with RCW 46.61.120 and 46.61.125.28
(b) A driver of a motor vehicle found to be in violation of this 29
subsection (2) must be assessed an additional fine equal to the base 30
penalty assessed under RCW 46.63.110(3). This fine may not be waived, 31
reduced, or suspended, unless the court finds the offender to be 32
indigent, and is not subject to the additional fees and assessments 33
that the base penalty for this violation is subject to under RCW 34
2.68.040, 3.62.090, and 46.63.110.35
(c) The additional fine imposed under (b) of this subsection must 36
be deposited into the vulnerable roadway user education account 37
created in RCW 46.61.145.38
(d) For the purposes of this section, "vulnerable user of a 39
public way" has the same meaning as provided in RCW 46.61.5259.40
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(e) This subsection (2) does not apply on a shared street as 1
defined in section 1 of this act.2
(3) Except when overtaking and passing on the right is permitted, 3
overtaken traffic shall give way to the right in favor of an 4
overtaking vehicle on audible signal and shall not increase speed 5
until completely passed by the overtaking vehicle.6
Sec. 5. RCW 46.61.240 and 2019 c 214 s 13 are each amended to 7
read as follows:8
(1) Every pedestrian or personal delivery device crossing a 9
roadway at any point other than within a marked crosswalk or within 10
an unmarked crosswalk at an intersection shall yield the right-of-way 11
to all vehicles upon the roadway.12
(2) Where curb ramps exist at or adjacent to intersections or at 13
marked crosswalks in other locations, persons with disabilities or 14
personal delivery devices may enter the roadway from the curb ramps 15
and cross the roadway within or as closely as practicable to the 16
crosswalk. All other pedestrian rights and duties as defined 17
elsewhere in this chapter remain applicable.18
(3) Any pedestrian crossing a roadway at a point where a 19
pedestrian tunnel or overhead pedestrian crossing has been provided 20
shall yield the right-of-way to all vehicles upon the roadway.21
(4) Between adjacent intersections at which traffic-control 22
signals are in operation pedestrians shall not cross at any place 23
except in a marked crosswalk.24
(5) No pedestrian or personal delivery device shall cross a 25
roadway intersection diagonally unless authorized by official 26
traffic-control devices; and, when authorized to cross diagonally, 27
pedestrians and personal delivery devices shall cross only in 28
accordance with the official traffic-control devices pertaining to 29
such crossing movements.30
(6) No pedestrian or personal delivery device shall cross a 31
roadway at an unmarked crosswalk where an official sign prohibits 32
such crossing.33
(7) This section does not apply on a shared street as defined in 34
section 1 of this act.35
Sec. 6. RCW 46.61.770 and 2019 c 403 s 10 are each amended to 36
read as follows:37
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(1) Every person operating a bicycle upon a roadway at a rate of 1
speed less than the normal flow of traffic at the particular time and 2
place shall ride as near to the right side of the right through lane 3
as is safe except:4
(a) While preparing to make or while making turning movements at 5
an intersection or into a private road or driveway;6
(b) When approaching an intersection where right turns are 7
permitted and there is a dedicated right turn lane, in which case a 8
person may operate a bicycle in this lane even if the operator does 9
not intend to turn right;10
(c) While overtaking and passing another bicycle or vehicle 11
proceeding in the same direction; and12
(d) When reasonably necessary to avoid unsafe conditions 13
including, but not limited to, fixed or moving objects, parked or 14
moving vehicles, bicyclists, pedestrians, animals, and surface 15
hazards.16
(2) A person operating a bicycle upon a roadway or highway other 17
than a limited access highway, which roadway or highway carries 18
traffic in one direction only and has two or more marked traffic 19
lanes, may ride as near to the left side of the left through lane as 20
is safe.21
(3) A person operating a bicycle upon a roadway may use the 22
shoulder of the roadway or any specially designated bicycle lane.23
(4) When the operator of a bicycle is using the travel lane of a 24
roadway with only one lane for traffic moving in the direction of 25
travel and it is wide enough for a bicyclist and a vehicle to travel 26
safely side-by-side within it, the bicycle operator shall operate far 27
enough to the right to facilitate the movement of an overtaking 28
vehicle unless other conditions make it unsafe to do so or unless the 29
bicyclist is preparing to make a turning movement or while making a 30
turning movement.31
(5) Persons riding bicycles upon a roadway shall not ride more 32
than two abreast except on paths or parts of roadways set aside for 33
the exclusive use of bicycles.34
(6) This section does not apply on a shared street as defined in 35
section 1 of this act.36
Passed by the Senate April 17, 2025.
Passed by the House April 11, 2025.
Approved by the Governor May 17, 2025.
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Filed in Office of Secretary of State May 19, 2025.
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