7.5 Occupant Protection, Collisions & Financial Responsibility
Key Takeaways
- RCW 46.61.688(3) requires every person 16 or older operating or riding in a motor vehicle to wear a properly adjusted and securely fastened safety belt, and subsection (4) makes the operator responsible for all child passengers under 16.
- RCW 46.61.687 requires rear-facing restraint under age two, forward-facing harness under age four, and a booster seat for a child under four feet nine inches tall, with children under thirteen transported in the back seat where practical.
- RCW 46.52.030(1) requires a written accident report within four days where there is injury, death or property damage at or above the threshold set by the Washington State Patrol, which is $1,000 under WAC 446-85-010.
- RCW 46.30.020 requires liability coverage of at least the RCW 46.29.090 limits: $25,000 per person, $50,000 per accident for bodily injury, and $10,000 for property damage.
7.5 Occupant Protection, Collisions & Financial Responsibility
Safety belts
RCW 46.61.688(3): "Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner."
RCW 46.61.688(4): "No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either (a) wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device."
The split of responsibility is precise: occupants 16 and over are responsible for themselves; the operator is responsible for every passenger under 16.
RCW 46.61.688(2)(b) contains a narrow exemption: the section "does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required under 49 C.F.R. Part 571 are occupied."
RCW 46.61.688(7) exempts an operator or passenger, other than in a commercial motor vehicle, who possesses written verification from a licensed physician that they are unable to wear a safety belt for physical or medical reasons.
Two evidentiary quirks
RCW 46.61.688(5): a finding that a person has committed a seat belt infraction "shall be contained in the driver's abstract but shall not be available to insurance companies or employers."
RCW 46.61.688(6): "Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action."
The parallel provision for child restraints is RCW 46.61.687(4): failure to comply "shall not constitute negligence by a parent or legal guardian," and failure to use a child restraint system "shall not be admissible as evidence of negligence in any civil action."
Both are counter-intuitive and therefore frequently tested. Teach them as legislative policy choices: Washington wanted belt use encouraged without creating a civil-liability trap.
Child restraints
RCW 46.61.687(1) applies to a child less than 16 years of age being transported in a motor vehicle required by RCW 46.37.510 to be equipped with a safety belt system:
| Stage | Requirement |
|---|---|
| (a) Under two years | Properly secured in a rear-facing child restraint system until the child reaches the weight or height limit set by the manufacturer, and may continue rear-facing to that limit as recommended by the American Academy of Pediatrics |
| (b) Not rear-facing under (a) and under four years | Properly secured in a forward-facing child restraint system with a harness, until the manufacturer's weight or height limit |
| (c) Not in a restraint under (a) or (b) and under four feet nine inches tall | Properly secured in a child booster seat, and may continue in a booster until the vehicle lap and shoulder belts fit properly, typically between ages eight and twelve as recommended by the American Academy of Pediatrics |
| (f) Under thirteen years old | Transported in the back seat positions where it is practical to do so |
RCW 46.61.687(7): the booster requirement in (1)(c) does not apply in any seating position where only a lap belt is available.
RCW 46.61.687(3): a person cited may have the infraction dismissed by presenting proof of acquiring an approved restraint or booster within seven days, if they have not previously had a violation of the section dismissed.
RCW 46.61.687(5) exempts for-hire vehicles, certain auto transportation company vehicles designed for sixteen or fewer passengers, customer shuttle services between parking, convention, hotel and airport facilities, and school buses.
The statute is known as the Anton Skeen Act from its 2000 amendments.
Note the structure: the four-foot-nine-inch height threshold governs the booster stage, not an age. Age is used for the rear-facing and forward-facing stages and for the back-seat rule.
After a collision
Washington imposes duties at the scene and a reporting duty afterwards.
At the scene. A driver involved in a collision resulting in injury, death or damage to a vehicle that is driven or attended must stop immediately at the scene or as close as possible, return to the scene, and remain until they have given their name, address and vehicle registration number, exhibited their driver licence on request, and rendered reasonable assistance to any injured person, including arranging transport for medical treatment if it is apparent that treatment is necessary or is requested. Failing to do so is the offence commonly called hit and run.
The report. RCW 46.52.030(1): unless a law enforcement officer makes a report under subsection (3), the driver of any vehicle involved in an accident "resulting in injury to or death of any person or damage to the property of any one person to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington State Patrol" shall, "within four days after such accident, make a written report."
RCW 46.52.030(5) directs the State Patrol to set the property-damage threshold by rule. WAC 446-85-010 sets it: "Beginning January 1, 2015, the accident-reporting threshold for property damage accidents will be one thousand dollars."
The report goes to the chief of police if the accident occurred inside an incorporated city or town, or to the county sheriff or the State Patrol if outside, and is forwarded to the State Patrol, which gives DOL full access.
For a driving school, a collision in a traffic safety education vehicle adds two duties covered in section 2.3: report to DOL within 24 hours under WAC 308-108-140(1)(b), and forward a vehicle inspection report to the department before the vehicle returns to service.
Financial responsibility
RCW 46.30.020(1)(a): no person may operate a motor vehicle subject to registration in Washington unless insured under a motor vehicle liability policy with limits of at least the amounts in RCW 46.29.090, self-insured under RCW 46.29.630, covered by a certificate of deposit under RCW 46.29.550, or covered by a liability bond of at least those amounts. Proof must be provided on the request of a law enforcement officer.
RCW 46.29.090(1) sets those minimum limits:
| Coverage | Minimum |
|---|---|
| Bodily injury or death of one person in any one accident | $25,000 |
| Bodily injury or death of two or more persons in any one accident | $50,000 |
| Injury to or destruction of property of others in any one accident | $10,000 |
RCW 46.30.020(1)(d): failure to provide proof of motor vehicle insurance is a traffic infraction. RCW 46.30.020(1)(c): failure to display proof when asked "creates a presumption that the person does not have motor vehicle insurance."
RCW 46.30.020(2): a person cited who appears and provides written evidence that they were in compliance at the time of citation has the citation dismissed, with the court permitted to assess $25 in administrative costs.
RCW 46.30.020(1)(e) and (1)(f) cover electronic proof: where a person uses a portable electronic device to display proof of financial security, the officer "may only view the proof of financial security and is otherwise prohibited from viewing any other content," and the person presenting the device "assumes all liability for any damage" to it.
Teach the minimums with a caveat: 25/50/10 is a legal floor, not a recommendation. A single serious injury claim exceeds $25,000 routinely.
[!WARNING] Exam traps in this section
- 16 and over is self-responsible; the operator is responsible for everyone under 16.
- Seat belt and child restraint non-use is not evidence of negligence and the belt infraction is not available to insurers or employers.
- Four feet nine inches is the booster threshold; under 13 in the back seat where practical.
- Four days to file an accident report; the property-damage threshold is $1,000 under WAC 446-85-010.
- 25/50/10 are the minimum liability limits, and an officer viewing digital proof may not view other content.
Under RCW 46.61.688, who bears responsibility for safety belt use in a Washington motor vehicle?
Within what period must a driver file a written accident report under RCW 46.52.030, and what is the current property damage threshold?
What minimum liability limits does RCW 46.29.090 require for a Washington motor vehicle liability policy?