BILL REQ. #: H-1976.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to traffic safety at certain intersections and on certain streets; amending RCW 46.63.170; and adding a new section to chapter 47.36 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 47.36 RCW
to read as follows:
When an automated traffic safety camera, as authorized under RCW
46.63.170, is used at an intersection, the duration of a yellow change
interval must be at least as long as the minimum yellow change interval
identified in the manual of uniform traffic control devices as adopted
by the department under this chapter.
If a local jurisdiction determines, based on a traffic engineering
study, that the yellow change interval needs to be adjusted at an
intersection with an automated traffic safety camera, the local
jurisdiction shall discontinue the use of the automated traffic safety
camera before the yellow change interval is adjusted. A local
jurisdiction may continue the use of an automated traffic safety camera
at an intersection with an adjusted yellow change interval if the local
jurisdiction meets the requirements for adding additional cameras or
relocating existing cameras under RCW 46.63.170.
Sec. 2 RCW 46.63.170 and 2010 c 161 s 1127 are each amended to
read as follows:
(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)) prepare an analysis of the locations within the jurisdiction
where automated traffic safety cameras are proposed to be located: (i)
Before enacting an ordinance allowing for ((their use)) the initial use
of automated traffic safety cameras; and (ii) before adding additional
cameras or relocating any existing camera to a new location within the
jurisdiction. Automated traffic safety cameras may be used to detect
one or more of the following: Stoplight violations, railroad crossing
violations, 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. Beginning one year after the effective
date of this act, cities and counties using automated traffic safety
cameras must post an annual report of the number of traffic accidents
that occurred at each location where an automated traffic safety camera
is located as well as the number of notices of infraction issued for
each camera and any other relevant information about the automated
traffic safety cameras that the city or county deems appropriate on the
city's or county's web site.
(b) Use of automated traffic safety cameras is restricted to ((two-arterial)):
(i) Intersections((,)) of two or more arterials. Within such
arterials, the city or county may use an automated traffic safety
camera to issue notices of infraction for stoplight violations only if
the intersection is clearly marked with a sign that indicates that an
operator of a motor vehicle must always come to a full stop on a red
light, including before making a right turn movement;
(ii) Railroad crossings((,)); and
(iii) School speed zones, but only if the automated traffic safety
camera is restricted to use during hours when adults and children are
leaving or arriving at school as indicated by approved school zone
signs that flash amber or yellow lights or signs that indicate fixed
hours when adults and children leave or arrive at school.
(c) When an automated traffic safety camera is used to detect
stoplight violations, the yellow change interval for the traffic
control signal must be set in accordance with section 1 of this act.
(d) During the 2009-2011 fiscal biennium, automated traffic safety
cameras may be used to detect speed violations for the purposes of
section 201(2), chapter 470, Laws of 2009 if the local legislative
authority first enacts an ordinance authorizing the use of cameras to
detect speed violations.
(((d))) (e) 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.
(((e))) (f) For thirty days after the ordinance under (a) of this
subsection is enacted, only a written or verbal warning may be issued
to the registered owner of the vehicle detected for a violation within
this thirty-day period. For the first thirty days after fixed
automated traffic safety camera is installed in a city or county or an
existing automated traffic safety camera is relocated to a different
authorized location, only a written or verbal warning may be issued to
the registered owner of the vehicle detected by the additional or
relocated camera for a violation within this thirty-day period. After
this thirty-day period, 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
notice of infraction must be reviewed and issued by a law enforcement
officer who must use the same discretion in issuing an infraction for
a stoplight violation under (b)(i) of this subsection as an officer on
patrol. 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.
(((f))) (g) 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
infraction.
(((g))) (h) 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.
(((h))) (i) 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. Signs
placed in automated traffic safety camera locations after the effective
date of this act must follow the specifications in the manual on
uniform traffic control devices as adopted by the department.
(((i))) (j) 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 a flat fee 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.
(k) A city or county that receives revenue from an automated
traffic safety camera program under this section may use the revenue
only for traffic calming, traffic enforcement, and traffic and
pedestrian safety programs within the jurisdiction, except that the
city or county may use the revenue to pay costs of administering the
program, including compensating the manufacturer or vendor of 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 3.50.100, 35.20.220, 46.16A.120, 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. Infractions generated by the use of automated traffic
safety cameras under this section must not be made available to the
registered owner's insurance company or employer.
(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 because the vehicle was stolen at the time of the infraction.
A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; 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 as detected by a speed measuring device. During the 2009-2011
fiscal biennium, an automated traffic safety camera includes a camera
used to detect speed violations for the purposes of section 201(2),
chapter 470, Laws of 2009.
(6) During the 2009-2011 fiscal biennium, this section does not
apply to automated traffic safety cameras for the purposes of section
218(2), chapter 470, Laws of 2009.