H-2121

AN ACT Relating to restricting the use of automated traffic enforcement systems; amending RCW 46.63.030; adding a new section to chapter 46.63 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature recognizes that some local governments in Washington state are using automated traffic enforcement systems. While these devices may be effective at enforcing traffic violations and reducing accidents, the legislature is concerned that these devices are being used without regulation. The purpose of this act is to restrict and regulate automated traffic enforcement systems so they can operate effectively while protecting individual privacy.

NEW SECTION. Sec. 2. A new section is added to chapter 46.63 RCW to read as follows:

The use of automated traffic enforcement systems is subject to the following restrictions:

(1) Automated traffic enforcement systems may not be used unless the appropriate local legislative authority first enacts an ordinance allowing for their use. At a minimum, the local ordinance must contain the restrictions described in this section. Cities and counties using automated traffic enforcement systems before the effective date of this act are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance.

(2) Automated traffic enforcement systems may take pictures of the vehicle and vehicle license plate only, and no identifiable person may appear in the photographs. If an identifiable person in the vehicle does appear in the photograph, the infraction must be dismissed and the photograph and any negatives must be destroyed.

(3) Automated traffic enforcement systems may only be operated on city and county roads or highways when being used to enforce school and construction zone speeding, stop light violations, toll enforcement violations, and railroad crossing violations. In addition to the uses enumerated in this subsection, automated traffic enforcement systems may be used in locations where the chief law enforcement officer of the jurisdiction has designated a certain location as a serious traffic safety concern. Before operating an automated traffic enforcement system in a location designated a serious traffic safety concern, the chief law enforcement officer must file written notice with the local government legislative body explaining the reasons why the location has received the designation. The local legislative body may revoke the designation at any time.

(4) Automated traffic enforcement systems may only be operated on state and federal highways when being used to enforce school and construction zone speeding, toll enforcement violations, railroad crossing violations, and ramp metering violations.

(5) The law enforcement agency shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system.

(6) Notices of infractions must be mailed to the registered owner of the vehicle within fourteen days of the infraction occurring.

(7) A person receiving a notice of an infraction based on evidence detected by an automated traffic enforcement system may respond to the notice by mail.

Sec. 3. 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) When an automated traffic enforcement system is used, a law enforcement officer, whether present or not during the time of the infraction, or court may issue a notice of traffic infraction by mail to the registered owner of the vehicle. The registered owner is responsible for the infraction. The registered owner may sign an affidavit denying that he or she committed the infraction, but will remain responsible until the person who committed the infraction settles the infraction. The affidavit must be included with each infraction issued and must include instructions.

(4) When the notice of traffic infraction is sent to the registered owner under subsection (3) of this section, and the registered owner is a business or government entity, the infraction will be dismissed against the business or government entity if the business or government entity mails to the issuing agency, within fourteen days of receiving the notice of traffic infraction, the name and mailing address of the individual driving, renting, or leasing the vehicle when the infraction occurred. If the business or government entity is unable to determine who was driving, leasing, or renting the vehicle at the time the infraction occurred, the business or government entity must sign an affidavit making this declaration. The affidavit must be mailed to the issuing agency within fourteen days of receiving the notice of traffic infraction. Timely mailing of this affidavit to the issuing agency relieves the business or government entity of any liability under this chapter for the notice of infraction. The affidavit must be included with each infraction issued and must include instructions.

(5) 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)~~)) (6) 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.

NEW SECTION. Sec. 4. The legislature respectfully requests the Washington state supreme court to amend the Infraction Rules of Courts of Limited Jurisdiction to conform to this act. Furthermore, the legislature respectfully asks the court to create a notice of infraction that is consistent with this act.