HOUSE BILL REPORT

ESSB 5850

As Amended by the House

BYSenate Committee on Transportation (originally sponsored by Senator Tanner)

Revising certain traffic infractions and administrative penalties.

House Committe on Transportation

Majority Report:  Do pass.  (22)

      Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Cantwell, Cooper, Day, Dellwo, Gallagher, Hankins, Heavey, Kremen, Meyers, Prince, Schmidt, C. Smith, D. Sommers, Sutherland, Todd, Vekich, J. Williams, S. Wilson and Zellinsky.

Minority Report:  Do not pass.  (5)

      Signed by Representatives Brough, Doty, Fisher, Haugen and Spanel.

House Staff:Mary McLaughlin (786-7309)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

(1) The federal government lowered the maximum speed limit to 55 miles per hour in 1973 for energy conservation purposes rather than safety concerns.  Many of the multi-lane highways in Washington state have been designed for speeds of 70 miles per hour and more.  Attempts are being made on the national level to allow the individual states to raise the speed limit to 65 miles per hour on the rural Interstate system.

(2) An insurance company may obtain a three-year abstract of a driver's record that contains all traffic infractions and accidents incurred during that period.  An insurance company is prohibited from cancelling, nonrenewing or denying an insurance policy based upon the information contained in the abstract unless the person was determined to be at fault. The current law does not prohibit an insurer from increasing the insurance premium, regardless of who was at fault.

(3) The Administrator for the Courts estimates that there is over $7 million in outstanding traffic infraction fines.  This revenue loss impacts the state, local jurisdictions and the court system.  An individual's driver's license (and in the case of parking infractions, the vehicle license) is not renewed until all outstanding fines for failing to respond to a notice of a traffic infraction or failing to appear at a requested hearing to contest or explain mitigating circumstances are paid.  The fine for failing to appear or respond is $47 (includes assessments) plus the original fine.

SUMMARY:

(1) If the federal government allows the states to raise the maximum speed limit to 65 miles per hour on the rural Interstate system, the secretary of the Washington Department of Transportation (DOT) is directed to raise the limit to 65 miles per hour on those sections of the rural Interstate that were or would have been posted at 65 miles per hour or higher prior to 1973.  The 65 mile per hour speed limit is to be strictly enforced.  If, after a traffic investigation, the DOT determines a higher speed on a rural highway section is unsafe, the limit will be set at the speed recommended in the investigation.  The speed limit on Interstate 5 between Everett and Olympia will remain at 55 miles per hour.

(2) An insurance company cannot raise an individual's insurance premium unless the insurer determines that the insured was at fault in an accident.

(3) The driver's license of an person with two or more outstanding traffic infractions to which the individual failed to respond or appear will be suspended by the Department of Licensing until such time the fines and penalties are paid.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Senator Joe Tanner.

House Committee - Testified Against:      Mary-Lynn Reiner, citizen.

House Committee - Testimony For:    The state should increase the speed limit to 65 miles per hour on the rural interstate if the federal government takes action to allow the states to do so; an insurance company should not be allowed to raise rates based on an accident in which the person was not at fault; outstanding traffic infraction fines should be collected in a more timely manner.

House Committee - Testimony Against:      A speed differential would be created, and enforcement of 55 miles per hour would become more difficult in areas posted at 55.