S-4242.1  _______________________________________________

                         SENATE BILL 6443

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senators Moyer, Pelz, Oke and Winsley

Read first time 01/24/94.  Referred to Committee on Law & Justice.

Legalizing photo radar for speed enforcement.

    AN ACT Relating to speed enforcement using photo radar equipment; amending RCW 46.63.030; adding a new section to chapter 46.04 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 46.63.030 and 1987 c 66 s 2 are each amended to read as follows:

    (1) A law enforcement officer has the authority to issue a notice of traffic infraction:

    (a) When the infraction is committed in the officer's presence;

    (b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed; ((or))

    (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction; or

(d) To the registered owner of a motor vehicle identified as speeding through the use of photo radar.

    (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

    (3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.

(4) If the violation is established through the use of photo radar, the court shall have the notice of infraction and a copy of the photograph served either personally or by mail as provided by the Infraction Rules for Courts of Limited Jurisdiction.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.04 RCW to read as follows:

    "Photo radar" means photographic equipment that is linked to a Doppler radar speed measuring device by computer that synchronizes the taking of a photograph with a vehicle passing through the radar beam.

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