BILL REQ. #: H-1398.1
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/07/05.
AN ACT Relating to traffic control signal preemption devices; amending RCW 46.37.190 and 46.63.020; reenacting and amending RCW 9.94A.515; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.61 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 46.04 RCW
to read as follows:
"Signal preemption device" means a device that is capable of
altering the normal operation of a traffic control signal. Any such
device manufactured by a vehicle manufacturer is not a signal
preemption device for purposes of this section if the primary purpose
of the device is any purpose other than the preemption of traffic
signals and the device's ability to alter traffic signals is unintended
and incidental to the device's primary purpose.
NEW SECTION. Sec. 2 A new section is added to chapter 46.61 RCW
to read as follows:
(1) Signal preemption devices shall not be installed or used on or
with any vehicle other than an emergency vehicle authorized by the
state patrol, a publicly owned law enforcement or emergency vehicle, a
department of transportation, city, or county maintenance vehicle, or
a public transit vehicle.
(2) This section does not apply to any of the following:
(a) A law enforcement agency and law enforcement personnel in the
course of providing law enforcement services;
(b) A fire station or a fire fighter in the course of providing
fire prevention or fire extinguishing services;
(c) An emergency medical service or ambulance in the course of
providing emergency medical transportation or ambulance services;
(d) An operator, passenger, or owner of an authorized emergency
vehicle in the course of his or her emergency duties;
(e) Department of transportation, city, or county maintenance
personnel while performing maintenance;
(f) Public transit personnel in the performance of their duties.
However, public transit personnel operating a signal preemption device
shall have second degree priority to law enforcement personnel, fire
fighters, emergency medical personnel, and other authorized emergency
vehicle personnel, when simultaneously approaching the same traffic
control signal;
(g) A mail or package delivery service or employee or agent of a
mail or package delivery service in the course of shipping or
delivering a signal preemption device;
(h) An employee or agent of a signal preemption device manufacturer
or retailer in the course of his or her employment in providing,
selling, manufacturing, or transporting a signal preemption device to
an individual or agency described in this subsection.
NEW SECTION. Sec. 3 A new section is added to chapter 46.61 RCW
to read as follows:
(1) It is unlawful to possess a signal preemption device except as
authorized in section 2 of this act.
(2) A person who violates this section is guilty of a misdemeanor.
NEW SECTION. Sec. 4 A new section is added to chapter 46.61 RCW
to read as follows:
(1) It is unlawful to:
(a) Use a signal preemption device except as authorized in section
2 of this act;
(b) Sell a signal preemption device to a person other than a person
described in section 2 of this act; or
(c) Purchase a signal preemption device for use other than a duty
as described in section 2 of this act.
(2) A person who violates this section is guilty of a gross
misdemeanor.
NEW SECTION. Sec. 5 A new section is added to chapter 46.61 RCW
to read as follows:
(1) When an accident that results only in injury to property or
injury to a person that does not arise to substantial bodily harm as
defined in RCW 9A.04.110 occurs as a proximate result of the operation
of a signal preemption device which was not authorized in section 2 of
this act, the driver is guilty of negligently causing an accident by
use of a signal preemption device.
(2) Negligently causing an accident by use of a signal preemption
device is a class C felony punishable under chapter 9A.20 RCW.
NEW SECTION. Sec. 6 A new section is added to chapter 46.61 RCW
to read as follows:
(1) When an accident that results in injury to a person that arises
to substantial bodily harm as defined in RCW 9A.04.110 occurs as a
proximate result of the operation of a signal preemption device which
was not authorized in section 2 of this act, the driver is guilty of
negligently causing substantial bodily harm by use of a signal
preemption device.
(2) Negligently causing substantial bodily harm by use of a signal
preemption device is a class B felony punishable under chapter 9A.20
RCW.
NEW SECTION. Sec. 7 A new section is added to chapter 46.61 RCW
to read as follows:
(1) When an accident that results in death to a person occurs as a
proximate result of the operation of a signal preemption device which
was not authorized in section 2 of this act, the driver is guilty of
negligently causing death by use of a signal preemption device.
(2) Negligently causing death by use of a signal preemption device
is a class B felony punishable under chapter 9A.20 RCW.
Sec. 8 RCW 46.37.190 and 1993 c 401 s 2 are each amended to read
as follows:
(1) Every authorized emergency vehicle shall, in addition to any
other equipment and distinctive marking required by this chapter, be
equipped with at least one lamp capable of displaying a red light
visible from at least five hundred feet in normal sunlight and a siren
capable of giving an audible signal.
(2) Every school bus and private carrier bus shall, in addition to
any other equipment and distinctive markings required by this chapter,
be equipped with a "stop" signal upon a background not less than
fourteen by eighteen inches displaying the word "stop" in letters of
distinctly contrasting colors not less than eight inches high, and
shall further be equipped with signal lamps mounted as high and as
widely spaced laterally as practicable, which shall be capable of
displaying to the front two alternately flashing red lights located at
the same level and to the rear two alternately flashing red lights
located at the same level and these lights shall have sufficient
intensity to be visible at five hundred feet in normal sunlight.
(3) Vehicles operated by public agencies whose law enforcement
duties include the authority to stop and detain motor vehicles on the
public highways of the state may be equipped with a siren and lights of
a color and type designated by the state patrol for that purpose. The
state patrol may prohibit the use of these sirens and lights on
vehicles other than the vehicles described in this subsection.
(4) The lights described in this section shall not be mounted nor
used on any vehicle other than a school bus, a private carrier bus, or
an authorized emergency or law enforcement vehicle. ((Optical strobe
light devices shall not be installed or used on any vehicle other than
an emergency vehicle authorized by the state patrol, a publicly owned
law enforcement or emergency vehicle, a department of transportation,
city, or county maintenance vehicle, or a public transit vehicle.))
(a) An "optical strobe light device" used by emergency vehicles
means a strobe light device which emits an optical signal at a specific
frequency to a traffic control light enabling the emergency vehicle in
which the strobe light device is used to obtain the right of way at
intersections.
(b) An "optical strobe light device" used by department of
transportation, city, or county maintenance vehicles means a strobe
light device that emits an optical signal at a specific frequency to a
traffic control light enabling the department of transportation
maintenance vehicle in which the strobe light device is used to perform
maintenance tests.
(c) An "optical strobe light device" used by public transit
vehicles means a strobe light device that emits an optical signal at a
specific frequency to a traffic control light enabling the public
transit vehicle in which the strobe light device is used to accelerate
the cycle of the traffic control light. For the purposes of this
section, "public transit vehicle" means vehicles, owned by a
governmental entity, with a seating capacity for twenty-five or more
persons and used to provide mass transportation. Public transit
vehicles operating an optical strobe light will have second degree
priority to emergency vehicles when simultaneously approaching the same
traffic control light.
(5) The use of the signal equipment described ((herein)) in this
section and section 2 of this act, except the ((optical strobe light))
signal preemption devices used by public transit vehicles and
department of transportation, city, or county maintenance vehicles that
are not used in conjunction with emergency equipment, shall impose upon
drivers of other vehicles the obligation to yield right of way and stop
as prescribed in RCW 46.61.210, 46.61.370, and 46.61.350.
Sec. 9 RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are
each reenacted and amended to read as follows:
TABLE 2 | ||
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
XVI | ||
XV | ||
XIV | ||
XIII | ||
XII | ||
XI | ||
X | ||
IX | ||
VIII | ||
VII | ||
VI | ||
V | ||
IV | ||
III | ||
Escape 2 (RCW 9A.76.120) | ||
II | ||
I | ||
Sec. 10 RCW 46.63.020 and 2004 c 95 s 14 are each amended to read
as follows:
Failure to perform any act required or the performance of any act
prohibited by this title or an equivalent administrative regulation or
local law, ordinance, regulation, or resolution relating to traffic
including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as a
criminal offense, except for an offense contained in the following
provisions of this title or a violation of an equivalent administrative
regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile
while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and
registration and markings indicating that a vehicle has been destroyed
or declared a total loss;
(6) RCW 46.16.010 relating to initial registration of motor
vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized persons to
drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing false
information in conjunction with an application for a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's
license;
(11) RCW 46.20.091 relating to false statements regarding a
driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of
a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked
license or status;
(14) RCW 46.20.345 relating to the operation of a motor vehicle
with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an
occupational or temporary restricted driver's license;
(16) RCW 46.20.740 relating to operation of a motor vehicle without
an ignition interlock device in violation of a license notation that
the device is required;
(17) RCW 46.20.750 relating to assisting another person to start a
vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of
financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or
installation of a previously deployed air bag;
(23) RCW 46.44.180 relating to operation of mobile home pilot
vehicles;
(24) RCW 46.48.175 relating to the transportation of dangerous
articles;
(25) RCW 46.52.010 relating to duty on striking an unattended car
or other property;
(26) RCW 46.52.020 relating to duty in case of injury to or death
of a person or damage to an attended vehicle;
(27) RCW 46.52.090 relating to reports by repairmen, storagemen,
and appraisers;
(28) RCW 46.52.130 relating to confidentiality of the driving
record to be furnished to an insurance company, an employer, and an
alcohol/drug assessment or treatment agency;
(29) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(30) RCW 46.55.035 relating to prohibited practices by tow truck
operators;
(31) RCW 46.61.015 relating to obedience to police officers,
flaggers, or fire fighters;
(32) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police
vehicles;
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons under the
influence of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age twenty-one
driving a motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.5249 relating to first degree negligent driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway
workers;
(42) RCW 46.61.530 relating to racing of vehicles on highways;
(43) RCW 46.61.685 relating to leaving children in an unattended
vehicle with the motor running;
(44) RCW 46.61.740 relating to theft of motor vehicle fuel;
(45) Sections 3 through 7 of this act relating to signal preemption
devices;
(46) RCW 46.64.010 relating to unlawful cancellation of or attempt
to cancel a traffic citation;
(((46))) (47) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(((47))) (48) Chapter 46.65 RCW relating to habitual traffic
offenders;
(((48))) (49) RCW 46.68.010 relating to false statements made to
obtain a refund;
(((49))) (50) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(((50))) (51) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(((51))) (52) RCW 46.72A.060 relating to limousine carrier
insurance;
(((52))) (53) RCW 46.72A.070 relating to operation of a limousine
without a vehicle certificate;
(((53))) (54) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(((54))) (55) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((55))) (56) Chapter 46.82 RCW relating to driver's training
schools;
(((56))) (57) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority issued
under chapter 46.87 RCW;
(((57))) (58) RCW 46.87.290 relating to operation of an
unregistered or unlicensed vehicle under chapter 46.87 RCW.