Failure to Obey Flagger

In an effort to improve roadside safety for road workers, the Washington State Legislature has enacted RCW 47.36.200, which criminalizes the failure to comply with signs or flaggers at thoroughfare work sites. This crime is classified as a misdemeanor, meaning conviction carries with it the possibility of up to 90 days in jail and $1000 in fines, plus probation. RCW 47.36.200 - Signs or flaggers at thoroughfare work sites — Penalty.

• (1)  When construction, repair, or maintenance work is conducted on or adjacent to a public highway, county road, street, bridge, or other thoroughfare commonly traveled and when the work interferes with the normal and established mode of travel on the highway, county road, street, bridge, or thoroughfare, the location shall be properly posted by prominently displayed signs or flaggers or both. Signs used for posting in such an area shall be consistent with the provisions found in the state of Washington "Manual on Uniform Traffic Control Devices for Streets and Highways" obtainable from the department of transportation.
•  (2)  If the construction, repair, or maintenance work includes or uses grooved pavement, abrupt lane edges, steel plates, or gravel or earth surfaces, the construction, repair, or maintenance zone must be posted with signs stating the condition, as required by current law, and in addition, must warn motorcyclists of the potential hazard only if the hazard or condition exists on a paved public highway, county road, street, bridge, or other thoroughfare commonly traveled. For the purposes of this subsection, the department shall adopt by rule a uniform sign or signs for this purpose, including at least the following language, "MOTORCYCLES USE EXTREME CAUTION."
• (3)  Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply with this section.
• (4)  Each driver of a motor vehicle used in connection with such construction, repair, or maintenance work shall obey traffic signs posted for, and flaggers stationed at such location in the same manner and under the same restrictions as is required for the driver of any other vehicle.
• (5)  A violation of or a failure to comply with this section is a misdemeanor. Each day upon which there is a violation, or there is a failure to comply, constitutes a separate violation.

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