RCW 19.122.100Violation of RCW 19.122.090—Affirmative defense.If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:(1) The equipment operator was provided a valid excavation confirmation code;(2) The excavation was performed in an emergency situation;(3) The equipment operator was provided a false confirmation code by an identifiable third party; or(4) Notice of the excavation was not required under this chapter.[ 2011 c 263 s 16; 2005 c 448 s 6.]NOTES:Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Washington Legal Code