_______________________________________________
SUBSTITUTE
SENATE BILL 5116
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1991 Regular Session
Read first time February 19,
1991.
AN ACT
Relating to transportation safety; adding new sections to chapter 46.61 RCW;
adding a new section to chapter 46.37 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 46.61 RCW to read as follows:
If a
law enforcement officer investigating a violation of RCW 46.61.370 has
reasonable cause to believe that a violation has occurred, the officer may
request the owner of the motor vehicle to supply information identifying the
driver of the vehicle at the time the violation occurred. When requested, the
owner of the motor vehicle shall identify the driver to the best of the owner's
ability. The owner of the vehicle is not required to supply identification
information to the law enforcement officer if the owner believes the
information is self-incriminating.
NEW
SECTION. Sec. 2. A new
section is added to chapter 46.61 RCW to read as follows:
(1)
The driver of a school bus who observes a violation of RCW 46.61.370 may
prepare a written report on a form provided by the state patrol or another law
enforcement agency indicating that a violation has occurred. The driver of the
school bus or a school official may deliver the report to a law enforcement
officer of the state, county, or municipality in which the violation occurred
but not more than seventy-two hours after the violation occurred. The driver
shall include in the report the time and location at which the violation
occurred, the vehicle license plate number, and a description of the vehicle
involved in the violation.
(2)
The law enforcement officer shall initiate an investigation of the reported
violation within ten working days after receiving the report described in
subsection (1) of this section by contacting the owner of the motor vehicle
involved in the reported violation and requesting the owner to supply
information identifying the driver. Failure to investigate within the ten
working day period does not prohibit further investigation or prosecution. If,
after an investigation, the law enforcement officer is able to identify the
driver and has reasonable cause to believe a violation of RCW 46.61.370 has
occurred, the law enforcement officer shall prepare a notice of traffic
infraction and have it served upon the driver of the vehicle.
NEW
SECTION. Sec. 3. The
superintendent of public instruction, in cooperation with a least one school
district, shall conduct a pilot program to test the feasibility of using video
cameras to identify motorists and vehicles that illegally pass school buses
when the bus is loading and unloading students. The superintendent shall
report his or her findings to the legislature by December 30, 1992.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
NEW
SECTION. Sec. 4. A new
section is added to chapter 46.37 RCW to read as follows:
(1)
A school bus may be equipped with a single hazard strobe lamp. The lamp must
meet the standards and specifications established by the chief of the
Washington state patrol and must be mounted on the center line of the roof in
the rear one-half of the bus, but no closer than six feet from the rear of the
bus measured from a vertical plane tangent to the rearmost point of the bus
body.
(2)
A hazard strobe lamp may be used when the bus is occupied with school children
or when one or more of the following conditions exist:
(a)
The bus is in motion in inclement, sight-obscuring conditions, including but
not limited to, rain, fog, snow, and smoke;
(b)
There is a need to improve the visibility of the bus when stopping on, standing
on, or starting onto a highway; or
(c) There is limited visibility caused by geographic hazards,
including but not limited to, winding roadways, hills, trees, and buildings.
*Sec. 4
was vetoed, see message at end of chapter.
NEW
SECTION. Sec. 5. If specific
funding for the purposes of section 3 of this act, referencing this act by bill
number, is not provided by June 30, 1992, in the omnibus appropriations act,
section 3 of this act shall be null and void.
Passed the Senate March 7, 1992.
Passed the House March 5, 1992.
Approved by the Governor March
26, 1992, with the exception of certain items which were vetoed.
Filed in Office of Secretary of State March 26, 1992.
Note: Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 4, Substitute Senate
Bill No. 5116 entitled:
"AN ACT Relating to
transportation safety."
Substitute
Senate Bill No. 5116 is the product of work by the task force on school bus
safety. It includes several excellent provisions to assist law enforcement
personnel in enforcing school bus stop laws and enhancing school bus safety. I
applaud and fully support these provisions.
However,
section 4 would change current Washington State Patrol rules to allow school
buses to utilize their hazard strobe lamps regardless of whether it is
warranted by hazardous conditions. Studies indicate that overuse of hazard
warning lights ultimately diminishes their effectiveness. For this reason, I
have vetoed section 4 of Substitute Senate Bill No. 5116.
With the
exception of section 4, Substitute Senate Bill No. 5116 is approved."
