S-1509.1          _______________________________________________


                            SUBSTITUTE SENATE BILL 5116



State of Washington              52nd Legislature             1991 Regular Session


By Senate Committee on Education (originally sponsored by Senators Murray, Bailey, Thorsness, Gaspard, A. Smith, Rinehart, Madsen, Talmadge, Bauer and Erwin; by request of Task Force on Student Transp. Safety).


Read first time February 19, 1991.

Allowing school bus drivers to report violators.

     AN ACT Relating to transportation safety; adding new sections to chapter 46.61 RCW; creating a new section; and making an appropriation.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

     If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to believe that a violation has occurred, the officer may request the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation occurred.  When requested, the owner of the motor vehicle shall identify the driver to the best of the owner's ability.  The owner of the vehicle is not required to supply identification information to the law enforcement officer if the owner believes the information is self-incriminating.


     NEW SECTION.  Sec. 2.  A new section is added to chapter 46.61 RCW to read as follows:

     (1) The driver of a school bus who observes a violation of RCW 46.61.370 may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred.  The driver of the school bus or a school official may deliver the report to a law enforcement officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the violation occurred.  The driver shall include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation.

     (2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver.  Failure to investigate within the ten working day period does not prohibit further investigation or prosecution.  If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.370 has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle.


     NEW SECTION.  Sec. 3.      The superintendent of public instruction, in cooperation with a least one school district, shall conduct a pilot program to test the feasibility of using video cameras to identify motorists and vehicles that illegally pass school buses when the bus is loading and unloading students.  The superintendent shall report his or her findings to the legislature by December 30, 1992.


     NEW SECTION.  Sec. 4.      The sum of forty‑five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the superintendent of public instruction for the purposes of this act.