BILL REQ. #: Z-0117.1
|State of Washington||60th Legislature||2007 Regular Session|
Read first time 01/10/2007. Referred to Committee on Transportation.
AN ACT Relating to the use of automated traffic safety cameras in state highway work zones; amending RCW 46.63.170; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.63.170 and 2005 c 167 s 1 are each amended to read
(1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements:
(a) The appropriate local legislative authority must first enact an ordinance allowing for their use to detect one or more of the following: Stoplight, railroad crossing, or school speed zone violations. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance. Infractions issued in roadway construction zones on state highways are not subject to this subsection (1)(a).
(b) The Washington state patrol may issue infractions in roadway construction zones on state highways when workers are present.
(c) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, roadway construction zones on state highways, and school speed zones only.
(c))) (d) Automated traffic safety cameras may only take pictures
of the vehicle and vehicle license plate and only while an infraction
is occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle.
(d))) (e) A notice of infraction must be mailed to the registered
owner of the vehicle within fourteen days of the violation, or to the
renter of a vehicle within fourteen days of establishing the renter's
name and address under subsection (3)(a) of this section. The law
enforcement officer issuing the notice of infraction shall include with
it a certificate or facsimile thereof, based upon inspection of
photographs, microphotographs, or electronic images produced by an
automated traffic safety camera, stating the facts supporting the
notice of infraction. This certificate or facsimile is prima facie
evidence of the facts contained in it and is admissible in a proceeding
charging a violation under this chapter. The photographs,
microphotographs, or electronic images evidencing the violation must be
available for inspection and admission into evidence in a proceeding to
adjudicate the liability for the infraction. A person receiving a
notice of infraction based on evidence detected by an automated traffic
safety camera may respond to the notice by mail.
(e))) (f) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(e) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (3) of this
section. If appropriate under the circumstances, a renter identified
under subsection (3)(a) of this section is responsible for an
(f))) (g) Notwithstanding any other provision of law, all
photographs, microphotographs, or electronic images prepared under this
section are for the exclusive use of law enforcement in the discharge
of duties under this section and are not open to the public and may not
be used in a court in a pending action or proceeding unless the action
or proceeding relates to a violation under this section. No
photograph, microphotograph, or electronic image may be used for any
purpose other than enforcement of violations under this section nor
retained longer than necessary to enforce this section.
(g))) (h) All locations where an automated traffic safety camera
is used must be clearly marked by placing signs in locations that
clearly indicate to a driver that he or she is entering a zone where
traffic laws are enforced by an automated traffic safety camera.
(h))) (i) If a county or city has established an authorized
automated traffic safety camera program under this section, the
compensation paid to the manufacturer or vendor of the equipment used
must be based only upon the value of the equipment and services
provided or rendered in support of the system, and may not be based
upon a portion of the fine or civil penalty imposed or the revenue
generated by the equipment.
(2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction, except that the fine issued for state roadway construction zone infractions must be one hundred thirty-seven dollars.
(3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred; or
(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.
(4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
(5) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone or state roadway construction zone safety area as detected by a speed measuring device.