SENATE BILL REPORT

SB 5850

BYSenator Tanner

Revising certain traffic infractions and administrative penalties.

Senate Committee on Transportation

Senate Hearing Date(s):February 24, 1987; February 25, 1987

Majority Report:  That Substitute Senate Bill No. 5850 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Tanner, Vice Chairman; Bailey, Barr, Conner, DeJarnatt, Garrett, Halsan, Johnson, Patterson, Sellar, von Reichbauer, West.

Minority Report:  That it not be substituted.

      Signed by Senator Bender.

Senate Staff:Brad Lovaas (786-7307)

                  March 3, 1987

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 25, 1987

BACKGROUND:

When the federal government lowered maximum highway speed limits to 55 miles per hour in 1973, it was for energy conservation purposes, rather than highway safety concerns.  The multi-lane state highways of Washington State have been designed to accommodate vehicle speeds of 70 miles per hour and above.

Under this statute, a driver who exceeds the basic speed rule of 55 mph but is not driving in an unsafe manner might receive an "energy resource waste" citation, rather than a "basic rule" violation.  When a driver is cited for an energy resource waste violation, most states exclude the violation on the driver's abstract provided to insurance companies.  A basic rule violation is a traffic infraction.  If law enforcement determines that the violation was a basic rule violation rather than an energy resource waste violation, then it is up to the driver to prove in court that his/her speed was "reasonable and prudent" for the driving conditions.

SUMMARY:

A driver's abstract provided to an insurance company shall exclude any traffic infraction of violating energy use restrictions.

A driver commits the traffic infraction of violating the basic speed rule if he drives a vehicle on a highway at a speed greater than is reasonable and prudent.

A person commits the traffic infraction of violating energy resource use restrictions if he operates a motor vehicle on a highway posted at 55 miles per hour at a speed in excess thereof, but not over the 65 miles per hour if (a) the speed posted for the highway on October 1, 1973, was 65 miles per hour or more; or (b) the highway has been constructed or reconstructed since October 1, 1973, and the highway would have been posted at 65 miles per hour or more had the highway existed before October 1, 1973, and the speed had been set using the criteria then set forth in RCW 46.61.400, 46.61.410, and 46.61.430.

A violation of the basic speed law and an energy resource violation are separate and distinct infractions; however, a person may not be cited for both infractions at the same time.

Speed in excess of the 55 miles per hour speed limit established to aid in the conservation of energy resources shall not necessarily constitute prima facie evidence of operation of a motor vehicle in a reckless manner.

The court shall accept credit cards by banks or other financial institutions.

EFFECT OF PROPOSED SUBSTITUTE:

The language which allowed for payments of traffic infractions by credit card is deleted.

Fiscal Note:      none requested

Senate Committee - Testified: No one