AN ACT Relating to vehicle safety spot checks; amending RCW 46.64.070; adding a new section to chapter 46.64 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. This act may be known and cited as the Washington state patrol safety spot check program act.

NEW SECTION. Sec. 2. The Washington state legislature recognizes and declares that, in accordance with statistical data maintained by the Washington traffic safety commission, the Washington state patrol, and the Washington department of licensing:

(1) Of all vehicles involved in accidents in Washington state, 5.2 percent are found to have contributory vehicle defects, with the two most common defects being smooth tires and defective brakes.

(2) At any given time, approximately 3.7 percent of the driving population in Washington state is under a driving license suspension. This accounts for approximately one hundred twelve thousand suspended/revoked drivers who may be driving unlawfully upon Washington state highways.

(3) In 1984, the department of licensing had records indicating approximately five hundred thousand expired Washington state driver's licenses.

(4) In 1984, the Washington state patrol contacted approximately ninety-five thousand vehicles for vehicle equipment defects, seventy-four thousand drivers for license violations, and arrested seven thousand one hundred ninety-two drivers for driving while suspended/revoked, which represents 6.4 percent of the driver population.

(5) Defective vehicle equipment defects, such as tires and brakes, and driver's license violations, such as expired license and suspended/revoked, are not readily detectable through regular law enforcement techniques.

(6) The full and effective use of vehicle safety spot checks by the Washington state patrol must be brought to bear to solve the serious problems caused by defective vehicle equipment and driver's license violations.

(7) At fixed vehicle safety spot checks, the motorist can see that other vehicles are being stopped, can see visible signs of the Washington state patrol's authority, and is much less likely to be frightened or annoyed by the intrusion.

NEW SECTION. Sec. 3. It is the policy of this state to take all reasonable actions to protect the public safety and welfare from the dangers posed by drivers of motor vehicles with defective vehicle equipment, or by drivers who are driving with driver's license violations. The state has a vital interest in promoting public safety upon the highways by detecting these vehicles and drivers and by taking appropriate enforcement action. The establishment of vehicle safety spot checks is viewed as a reasonable means of protecting this vital public interest. Given the importance of the governmental interest at stake, there is deemed to be a minimal intrusion in a brief stop required by such a vehicle safety spot check, especially in the absence of effective alternatives for policing vehicles and drivers. It is accepted that a person's expectation of privacy in an automobile and of freedom in its operation are significantly different from the traditional expectation of privacy and freedom in a person's residence. A program based on vehicle safety spot checks, designed so as to impose standards of reasonableness upon the exercise of discretion by government officials in order to safeguard the privacy and security of individuals against arbitrary invasions, is established as the public policy of the state of Washington. The seriousness of defective vehicle equipment and driver's license violations upon the public safety were considered when balancing the need of society against minimal intrusion to the right of the person as granted by the Fourth Amendment of the United States Constitution or Article I, section 7, of the Washington state Constitution in allowing government an adequate means of guarding the public safety and welfare. For these reasons, the state of Washington adopts a policy of encouraging the use of vehicle safety spot checks by the Washington state patrol established under this act.

NEW SECTION. Sec. 4. A new section is added to chapter 46.64 RCW to read as follows:

A program of vehicle safety spot checks is established for the purpose of detecting vehicles with safety equipment defects or vehicles driven by drivers with driver's license violations, and taking appropriate enforcement action. The chief of the Washington state patrol is authorized to establish a program of vehicle safety spot checks in accordance with the minimum standards and guidelines set forth in RCW 46.64.070. The chief of the Washington state patrol, when establishing a vehicle safety spot check program, shall implement the program by written procedures in conformity with and not more intrusive upon the privacy and security of drivers than the standards and guidelines of RCW 46.64.070.

Sec. 5. Section 2, chapter 144, Laws of 1967 as amended by section 1, chapter 22, Laws of 1973 2nd ex. sess. and RCW 46.64.070 are each amended to read as follows:

To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington state patrol are hereby empowered ((~~during daylight hours and while using plainly marked state patrol vehicles~~)) to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW((~~, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect~~)): Provided, That the vehicle safety spot checks meet the following criteria:

(1) The checks are conducted during daylight hours and with a minimum of four state patrol officers, including a supervisor.

(2) Officers shall be in uniform, carry proper identification, and use plainly marked state patrol vehicles.

(3) Officers are supervised by a state patrol officer with the rank of sergeant or above.

(4) The location shall provide an adequate and safe place to stop off the roadway.

(5) Signs stating "Washington State Patrol - Spot Check Ahead - Prepare to Stop" shall be placed at least five hundred feet prior to the location, in the direction of traffic flow. Signs shall be at least thirty-six inches by thirty-six inches, with the letters "Washington State Patrol" being at least two inches high, and the letters "Spot Check Ahead - Prepare to Stop" being at least six inches high.

(6) Inspections shall be made on a completely random basis without discrimination. No more vehicles shall be stopped at any one time than can be inspected effectively by the available officers. When an officer is available, the first vehicle approaching the location shall be flagged in for inspection.

(7) The time of driver detainment shall only be for the amount of time necessary to check the driver's license and vehicle registration, inspect the vehicle equipment, and take whatever enforcement action is appropriate.

(8) Notices of infraction/citation, written warnings, and/or verbal warnings may be issued. Notices of infraction shall not be issued for defective equipment. Violators issued written warnings shall be given ten days to correct defects before a notice of infraction is issued. Vehicles with defects such that continued operation may pose a hazard to the motoring public may be prevented from further operation, impounded, or directed to a place of repair.

The powers conferred by RCW 46.64.060 and 46.64.070 are in addition to all other powers conferred by law upon such officers, including but not limited to powers conferred upon them as police officers pursuant to RCW 46.20.430 and powers conferred by chapter 46.32 RCW.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.