RCW 46.61.440 — Sign Posting & Active-Use Defense to School Zone Camera Tickets
RCW 46.61.440(1) requires the marked school crosswalk to be 'fully posted with standard school speed limit signs.' Subsection (2) limits the speed zone to 'area consistent with active school or playground use.' The penalty is doubled (RCW 46.61.440(3)) and cannot be waived. BUT the doubled penalty depends on the zone being properly posted AND active. Defenses: (a) sign missing, faded, knocked over, or non-MUTCD compliant; (b) ticket issued during a school holiday, summer recess, weekend evening, or after a documented early dismissal when the zone was NOT in active use; (c) flashing beacon was inoperative; (d) WAC 468-95 placement requirements not met. School-zone cameras under RCW 46.63.220 also require WSDOT/local jurisdiction signs warning drivers of the camera, and must produce the calibration record on demand.
Legal basis
RCW 46.61.440; RCW 46.63.220; RCW 47.36.030; WAC 468-95 (MUTCD adoption)
Sample appeal wording
Seattle Municipal Court — Automated Traffic Infraction Notice [#] I contest the school zone camera infraction on the following grounds: 1. NOT IN ACTIVE USE — RCW 46.61.440(2) limits the doubled-penalty zone to areas of active school/playground use. The infraction date [DATE] was [a school holiday / Saturday / 8:30 PM / spring break per school district calendar attached]. The zone was not in active use. 2. SIGNAGE — Photographs (Exhibits A-C) show that on [DATE]: [the school-zone sign was missing / faded illegible / the flashing beacon was inoperative]. RCW 46.61.440(1) requires the crosswalk to be 'fully posted with standard school speed limit signs.' 3. CALIBRATION — I demand production of the camera calibration record under RCW 46.63.220(7) and the operator's certification. Absent that record the state cannot prove accuracy beyond a preponderance. Dismissal requested. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.61.440 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.440
- RCW 46.63.220
- WAC 468-95