State lawmakers can avoid speeding tickets if caught on their way to Olympia

When you speed on the interstate and you’re caught, a Washington State Patrol Trooper will write you a ticket. Unless you’re a state lawmaker on your way to Olympia.

It’s a joke to some, but the rule is on the book.

It comes from Article II, Section 16 of the state constitution, says Washington State Patrol Spokesman Bob Caulkins in an interview with KIRO Radio’s Tom and Curley Show. It says lawmakers “shall be privileged from arrest in all cases except treason, felony and breach of the peace” while the Legislature meets. That section of the constitution also says legislators “shall not be subject to any civil process” during the session and the 15 days prior.

That means a lawmaker could be in any corner of the state, and if stopped by a trooper they could cry “elected representative” and evade the ticket.

The idea stems from an assumption that detaining lawmakers on the road – even for a speeding ticket – could delay them from getting to the Capitol to vote.

“We have a strong culture in our society that elected officials shouldn’t get perks. But this is in the fine print of the Constitution and was put there for very good reason,” said Caulkins.

KIRO Radio’s Tom Tangney argued many constituents don’t have a rosy opinion of their lawmakers, and the rate at which they settle on and vote on issues, and most voters likely think lawmakers probably aren’t rushing to Olympia to get things done anyway.

They might not be speeding very often anyway. Caulkins said that sort of traffic stop only happens a half-dozen times a year. “It’s not a big a deal.”

There is precedent for leniency on lawmakers. “There had been an issue with political leaders having their political opponents arrested on trumped up charges prior to important votes,” said Caulkins. “So the U.S. and the state constitution can contain a provision that legislators shall not be impeded in their travels to the actual legislative session.”

The law does have the potential to be abused. KIRO Radio’s John Curley said that a state trooper friend of his said one lawmaker was notorious for speeding.

The privilege doesn’t apply year-round, as legislative sessions generally last 105 days in odd-numbered years and 60 days in even-numbered ones.

While WSP may not issue tickets, the privilege isn’t observed by local police in Seattle or Olympia. In Tacoma, it may be observed depending on the situation.

The Associated Press and KIRO Radio’s Frank Shiers contributed to this report.