2778-S

AN ACT Relating to speed enforcement using photo radar equipment; amending RCW 46.63.030 and 46.63.070; adding a new section to chapter 46.04 RCW; and prescribing penalties.

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

Sec. 1. RCW 46.63.030 and 1987 c 66 s 2 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 identified as speeding through the use of photo radar.

(2) 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) 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) If the violation is established through the use of photo radar, the court shall have the notice of infraction and a copy of the photograph served either personally or by certified mail as provided by the Infraction Rules for Courts of Limited Jurisdiction.

(5) Law enforcement agencies may use photo radar only under the following conditions:

(a) The local law enforcement agency shall plainly mark the locations where photo radar is used by placing signs on street locations that state "Entering Photo Radar Enforcement Zone. Speed Limits Strictly Enforced." and "Leaving Photo Radar Enforcement Zone."

(b) While operating photo radar for enforcement purposes, a law enforcement agency shall set a photo radar speed tolerance level of at least ten miles per hour over the legal speed limit, regardless of the existing speed limits.

(c) Photo radar must be operated by a law enforcement agency in an authorized vehicle plainly marked with emergency lights and the agency shield or emblem on the exterior of the vehicle.

(d) Law enforcement agencies may not operate photo radar for more than two consecutive days within a two-mile radius.

(e) Photo radar may be operated only by municipal police departments.

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) If the person issued a notice of infraction resulting from the use of photo radar 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 within fifteen days of receipt of the notice of infraction provide to the court, either by certified mail or in person, a copy of his or her driver's license and a statement. The court shall examine all evidence submitted by the parties to determine whether the state has proven by a preponderance of the evidence that the person named in the notice of infraction has committed the infraction. The examination must be conducted under the Infraction Rules for Courts of Limited Jurisdiction.

(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.

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

"Photo radar" means photographic equipment that is linked to a Doppler radar speed measuring device by computer that synchronizes the taking of a photograph with a vehicle passing through the radar beam.