5530-S

AN ACT Relating to automated traffic enforcement; amending RCW 46.63.030 and 46.63.070; adding a new section to chapter 46.04 RCW; and creating a new section.

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

Sec. 1. RCW 46.63.030 and 1994 c 176 s 3 are each amended to read as follows:

(1) A law enforcement officer has the authority to issue a notice of traffic infraction:

(a) When the infraction is committed in the officer's presence;

(b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed; ((or))

(c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction; or

(d) To the registered owner of a motor vehicle when the traffic infraction was recorded by an automated traffic enforcement system. (2)(a) City and county law enforcement agencies may only utilize automated traffic enforcement systems when their local legislative bodies first adopt ordinances allowing for their use and setting restrictions.

(b) A law enforcement agency may not issue a traffic infraction recorded by an automated traffic enforcement system until the Washington supreme court adopts rules to determine the procedure for processing infractions recorded by automated traffic enforcement systems.

(3) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

((~~(3)~~)) (4) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.

((~~(4)~~)) (5) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an officer shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle.

Sec. 2. RCW 46.63.070 and 1993 c 501 s 10 are each amended to read as follows:

(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.

(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.

(3)(a) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

(b) The registered owner of a vehicle is only responsible for infractions that occur when he or she was the person operating the vehicle at the time the infraction was committed. If the person issued a notice of infraction resulting from the use of an automated traffic enforcement system chooses to contest the issuance of the traffic infraction by refuting that he or she was the person operating the vehicle at the time the infraction was committed, he or she may sign an affidavit under penalty of perjury that he or she was not the person operating the vehicle at the time the infraction was committed.

(c) It is a complete defense to a traffic infraction for violation of a speed regulation recorded by the use of an automated traffic enforcement system if the person has been issued a previous traffic infraction for violation of a speed regulation recorded by the use of an automated traffic enforcement system within the previous thirty days and the person has not received notice of any prior traffic infraction for violation of a speed regulation recorded by an automated traffic enforcement system within the previous thirty days.

(d) Each law enforcement agency shall make a reasonable effort to issue traffic infractions within thirty days.

(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.

(5) If any person issued a notice of traffic infraction:

(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or

(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.

(6) Renting and leasing companies are not responsible for infractions issued to rental and leased vehicles recorded by automated traffic enforcement systems.

NEW SECTION. Sec. 3. A new section is added to chapter 46.04 RCW to read as follows:

"Automated traffic enforcement system" means photographic equipment linked to a violation detection system that synchronizes the taking of a photograph with the occurrence of a traffic violation.

NEW SECTION. Sec. 4. The legislature respectfully requests that the Washington state supreme court consider adoption of rules to implement the affidavit process contemplated in RCW 46.63.070(3)(b).