Washington State House of Representatives	BILL ANALYSIS
Transportation Committee

HB 1118

Brief Description:  Regulating traffic safety cameras.

Sponsors:  Representatives Lovick, Delvin, O'Brien, Armstrong, Ogden, Edmonds, Cooper, Fisher, Boldt, Mitchell, Simpson and Fromhold.

Brief Summary of Bill

$The use of traffic safety cameras to record traffic infractions is detailed.

$The traffic infraction does not go against the registered owner=s driving record, although the registered owner is responsible for the ticket.

$Exceptions are provided for rental car businesses that follow certain rules.

$The Traffic Safety Commission must report on the use of the cameras to the House and Senate Transportation Committees at specific times.

Hearing Date:  2/21/01

Staff:  Penny Nerup (786‑7335).

Background: 

There is no law that authorizes law enforcement to use automated traffic enforcement systems, such as traffic safety cameras, at railroad crossings, at red lights, or to detect speeding.  There is no law that prevents law enforcement from using these systems; however, most law enforcement is concerned about using these devices without guidance from the Legislature.

Currently, the Traffic Safety Commission is monitoring a pilot project that uses traffic safety cameras at stop lights in Lakewood, Washington.

Summary of Bill: 

Local governments are authorized to use traffic safety cameras subject to the following conditions: 1) an ordinance must first be enacted by the jurisdiction; 2) cameras may only be used to detect speeding, stoplight, or railroad crossing violations;  3) pictures may only be taken of the vehicle and vehicle license plate; and 4) zones where the cameras are used must be plainly marked with signs.

Notice of traffic infractions captured by the camera must be mailed to the registered owner of the vehicle within 14 days of the date of the infraction.  The registered owner is responsible for the infraction but it does not become part of the registered owner=s driving record.  If the registered owner submits an affidavit stating that the vehicle was stolen or in the custody of another person or provides testimony to that effect in court, he/she will not be responsible for the infraction.

If the notice of traffic infraction is sent to a rental car business, the infraction will be dismissed if the rental car business, within 14 days of receiving the notice, provides the name and mailing address of the person renting the vehicle when the infraction occurred.

The Traffic Safety Commission may adopt rules about standards for the traffic safety camera equipment, placement of signs that indicate a zone where the cameras are used, and may make recommendations on educating the public about the use of traffic safety cameras.  The commission must also report on the use, outcomes, and other relevant issues to the House and Senate Transportation Committees by January 1, 2002 and for four years thereafter.

Appropriation:  None.

Fiscal Note:  Requested on February 13, 2001.

Effective Date:  Ninety days after adjournment of session in which bill is passed.