State v. Eckblad

(dissenting) — The government has determined our citizens are not intelligent enough to decide for themselves whether to wear a seat belt, yet they apparently have enough intelligence to locate and interpret an elusive federal administrative rule. Our case law establishes that the latter task cannot be properly strapped to the laps of our fellow citizens and I must dissent.

*523We start with the text of the Washington statute, RCW 46.61.688. Subsection (1) of the statute provides a list of definitions not at issue. However subsection (2) provides:

This section only applies to motor vehicles that…