BILL REQ. #:  H-4334.1 

Read first time 01/20/2006.   Referred to Committee on Transportation.

     AN ACT Relating to traffic infractions involving rental vehicles; and amending RCW 46.63.073.

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

Sec. 1   RCW 46.63.073 and 2005 c 331 s 2 are each amended to read as follows:
     (1)(a) In the event a traffic infraction is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction may be issued, 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 thirty days of receiving the written notice, provide to the issuing agency by return mail:
     (((a))) (i) 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))) (ii) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred.
     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. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
     (((2))) (b) For the purpose of this ((section)) subsection, a "traffic infraction based on a vehicle's identification" includes, but is not limited to, parking infractions, high-occupancy toll lane violations, and violations recorded by automated traffic safety cameras.
     (2)(a) In the event a parking infraction is issued by a private parking facility and is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the parking facility shall provide a written notice of the infraction to the rental car business within thirty days of the infraction date. The rental car business receiving the written notice of the infraction shall provide to the parking facility by return mail:
     (i) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
     (ii) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred.
     Timely mailing of this statement to the parking facility relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
     (b) For the purpose of this subsection, a "traffic infraction based on a vehicle's identification" is limited to parking infractions occurring on a parking facility's premises.