1971-S AMS GOIN S2760.2

1971-S AMS GOIN S2760.2

SHB 1971 - S AMD - 374

By Senator Goings and Haugen

On page 3, after line 21, insert the following:

"Sec. 4. RCW 46.63.030 and 1995 c 219 s 5 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.

(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) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.

(5) A city or county law enforcement officer may issue a notice of infraction by mail to the registered owner of a vehicle if the infraction occurred in a location designated a serious traffic concern under subsection (6) of this section, and the officer issuing the infraction has reasonable cause to believe that the registered owner's vehicle was the vehicle being operated when the infraction occurred. The registered owner of the vehicle is responsible for the infraction, unless the registered owner indicates that he or she was not driving when the infraction occurred. The registered owner may indicate that he or she was not driving when the infraction occurred by checking the appropriate box on the notice of infraction and mailing or delivering it to the issuing agency. Nothing in this section prevents the registered owner from contesting the infraction under this chapter.

(6) A chief law enforcement officer of a city or county may designate a location as a serious traffic concern. The designation is permissible only if the chief law enforcement officer of the city or county provides evidence, during a public hearing, that an unacceptable amount of traffic offenses have occurred at a proposed location. The chief law enforcement officer of the city or county must have the public hearing before the local government legislative body that has jurisdiction of the designated area, and the designation is permissible only if a majority of the local government legislative body votes to approve the designation.

NEW SECTION. Sec. 5. The legislature respectfully requests the Washington State Supreme Court to amend the Infraction Rules of Courts of Limited Jurisdiction to conform with RCW 46.63.030(5). Furthermore, the legislature respectfully requests the court and the department of licensing to create a notice of infraction that is consistent with RCW 46.63.030(5) and any rules necessary to implement RCW 46.63.030(5).

NEW SECTION. Sec. 6. A new section is added to chapter 46.61 RCW to read as follows:

It is a traffic infraction for a driver of a motor vehicle intending to board a Washington state ferry, to: (1) Block a residential driveway while waiting to board the ferry; or (2) move in front of another vehicle in a queue already waiting to board the ferry, without the authorization of a state ferry system employee. Vehicles qualifying for preferential loading privileges under rules adopted by the department of transportation are exempt from this subsection. In addition to any other penalty imposed for a violation of this section, the driver shall be directed to immediately move the motor vehicle to the end of the queue of vehicles waiting to board the ferry.

NEW SECTION. Sec. 7. A new section is added to chapter 47.60 RCW to read as follows:

The department shall take steps to mitigate problems associated with lengthy ferry queues, including the blockage of residential driveways, by implementing appropriate mitigation procedures and any feasible infrastructural changes to enforce section 6 of this act."

SHB 1971 - S AMD - 374

By Senator Goings and Haugen

In line 1 of the title, after "safety;" strike "and"

In line 2 of the title, after "46.52.070," strike "and" and after "46.20.305" insert ", and 46.63.030; adding a new section to chapter 46.61 RCW; adding a new section to chapter 47.60 RCW; and creating a new section"