Background
- Washington AG opinion addresses whether doubling penalties under RCW 46.61.440(3) applies to speeding violations in two types of school/playground zones.
- RCW 46.61.440 imposes maximum speeds around schools/playgrounds and doubles penalties for infractions within a school or playground speed zone.
- Subsection (1) sets a 20 mph limit for crosswalks near schools/playgrounds and creates a crosswalk-based speed zone within 300 feet.
- Subsection (2) authorizes local governments to create a school or playground speed zone up to 300 feet from the property border, for areas of active school/playground use.
- Subsection (3) doubles penalties for violations within a school or playground speed zone, using the term “school or playground speed zone.”
- Legislative history shows (3) originally applied to crosswalk-related zones (subsection (1)) and was later supplemented by subsection (2) in 2003 without deleting (1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RCW 46.61.440(3) apply to violations under (1) and (2)? | Hall argues (3) covers both zones because the phrase 'school or playground speed zone' encompasses (1) and (2). | McKenna argues the phrase may be read narrowly, but the statutory sequence shows inclusion of (1) zones within (3). | Yes; doubling applies to both (1) and (2) speed zones. |
Key Cases Cited
- Department of Ecology v. Campbell Gin, L.L.C., 146 Wash. 2d 1 (Wash. 2002) (statutory plain meaning and legislative intent govern construction)
- State v. Hirschfelder, 170 Wash. 2d 536 (Wash. 2010) (consideration of related statutes in plain-meaning inquiry)
- Hallauer v. Spectrum Props., Inc., 143 Wash. 2d 126 (Wash. 2001) (sequence of statutes informs interpretation)
- State v. Keller, 143 Wash. 2d 267 (Wash. 2001) (ambiguity requires more than one reasonable meaning)