BILL REQ. #:  Z-0735.4 

Read first time 01/14/2004.   Referred to Committee on Transportation.

     AN ACT Relating to toll evasion; amending RCW 46.61.690, 46.63.030, 46.63.140, 46.16.216, and 46.20.270; and adding a new section to chapter 46.63 RCW.

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

Sec. 1   RCW 46.61.690 and 1983 c 247 s 1 are each amended to read as follows:
     (1) Any person who uses a toll bridge, toll tunnel, toll road, or toll ferry, and the approaches thereto, operated by the state of Washington, the department of transportation, ((or any)) a political subdivision or municipal corporation empowered to operate toll facilities, or an entity operating a toll facility under a contract with the department of transportation, a political subdivision, or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and vehicular traffic that it is entering a toll facility or its approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction if:
     (((1) Such)) (a) The person does not pay, refuses to pay, evades, or attempts to evade the payment of such tolls, or uses or attempts to use any spurious ((or)), counterfeit, or stolen ticket((s)), coupon((s)), ((or)) token((s)), or electronic device for payment of any such tolls, or
     (((2) Such)) (b) The person turns, or attempts to turn, the vehicle around in the bridge, tunnel, loading terminal, approach, or toll plaza where signs have been erected forbidding such turns, or
     (((3) Such)) (c) The person refuses to move a vehicle through the toll ((gates)) facility after having come within the area where signs have been erected notifying traffic that it is entering the area where toll is collectible or where vehicles may not turn around and where vehicles are required to pass through the toll ((gates)) facility for the purpose of collecting tolls.
     (2) A law enforcement officer may issue a notice of traffic infraction or a notice may be mailed to the registered owner of the vehicle or person renting the vehicle for violation of this section.
     (3) In accordance with RCW 46.16.216, the department may suspend the renewal of the vehicle registration of a person who does not respond to the notice of infraction issued for toll violations under this section.

Sec. 2   RCW 46.63.030 and 2002 c 279 s 14 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) When the notice of infraction is mailed to the registered owner or the person renting a vehicle as authorized under subsection (2) of this section.
     (2) When a photo monitoring system is used in compliance with section 4 of this act, a law enforcement officer, whether present or not during the commission of the infraction, or other law enforcement agency with jurisdiction may issue a notice of infraction by mail to the registered owner of the vehicle, or to the person renting the vehicle. The law enforcement officer shall include with the notice of infraction a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo monitoring system, 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 of this section or of toll collection rules. The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the violation.
     (3) Unless issued in person by an officer, the notice of infraction must be mailed to the registered owner within sixty days of the toll violation.
     (4) The registered owner of a vehicle is responsible for a violation unless within fifteen days after issuance of the violation, if the notice is issued in person, or within eighteen days of the date of mailing if the notice is mailed, the owner furnishes the officials or agents of the municipality that issued the notice of infraction with:
     (a) A statement made under oath, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner; or
     (b) Testimony in open court under oath that the person was not the operator of the vehicle at the time of the alleged violation.
     (((2))) (5) 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))) (6) 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))) (7) 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 person responsible under RCW 46.55.105. The notice must be entitled "Littering -- Abandoned Vehicle" and give notice of the monetary penalty. 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.

Sec. 3   RCW 46.63.140 and 1980 c 128 s 11 are each amended to read as follows:
     (1) In any traffic infraction case involving a violation of this title or equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of traffic infraction was stopping, standing, or parking in violation of any such provision of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, ((shall)) constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.
     (2) The foregoing stated presumption ((shall apply)) applies only when the procedure prescribed in RCW 46.63.030(((3))) (6) has been followed.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.63 RCW to read as follows:
     A notice of infraction issued under RCW 46.61.690 for evasion of toll collection systems is subject to the requirements of this section. Toll collection systems include manual cash collection, electronic toll collection, and photo monitoring systems.
     (1) "Electronic toll collection system" means a system of collecting tolls or charges that is capable of charging the account of the toll patron the appropriate toll or charge by electronic transmission from the motor vehicle to the toll collection system, which information is used to charge the appropriate toll or charge to the patron's account. The department shall adopt rules that allow automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits.
     (2) "Photo monitoring system" means a vehicle sensor installed to work in conjunction with an electronic toll collection system in a toll facility that automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of each vehicle at the time the vehicle is used or operated within a toll facility.
     (3) The use of the photo monitoring system for issuance of notices of infraction for toll violations is subject to the following requirements:
     (a) Photo monitoring systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded image of the vehicle and vehicle license plate only.
     (b) A notice of infraction must be mailed to the registered owner of the vehicle, or to the renter of a vehicle within sixty days of the toll violation, unless the notice has been issued in person by a law enforcement officer.
     (c) A person receiving a notice of infraction based on evidence detected by a photo monitoring system may respond to the notice by mail within eighteen days of the date the notice of infraction was mailed.
     (d) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this section are for the exclusive use of the tolling agency in the discharge of its 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 toll collection violation under this section. The tolling agency shall not sell, distribute, or make available in any way, the names and addresses of electronic toll collection system account holders.
     (4) Infractions detected through the use of photo monitoring systems will be recorded as stopping, standing, or parking violations under RCW 46.61.560, but are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120.
     (5) If a notice of infraction is mailed to the registered owner under RCW 46.63.030(2) and the registered owner is a rental car business, the infraction will be dismissed against the business if it mails to the issuing agency, a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a statement under oath making this statement. The statement must be mailed to the issuing law enforcement agency within eighteen days of the mailing date of the notice of infraction. 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. A form suitable for this purpose must be included with each notice of infraction issued to a rental car business, along with instructions for its completion and use. In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee.
     (6) The legislature respectfully requests the Washington state supreme court to amend the infraction rules for 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.

Sec. 5   RCW 46.16.216 and 1990 2nd ex.s. c 1 s 401 are each amended to read as follows:
     (1) To renew a vehicle license, an applicant shall satisfy all listed standing, stopping, ((and)) parking, and toll evasion violations for the vehicle incurred while the vehicle was registered in the applicant's name and forwarded to the department pursuant to RCW 46.20.270(3). For the purposes of this section, "listed" standing, stopping, ((and)) parking, and toll evasion violations include only those violations for which notice has been received from state or local agencies by the department one hundred twenty days or more before the date the vehicle license expires and that are placed on the records of the department. Notice of such violations received by the department later than one hundred twenty days before that date that are not satisfied shall be considered by the department in connection with any applications for license renewal in any subsequent license year. The renewal application may be processed by the department or its agents only if the applicant:
     (a) Presents a preprinted renewal application showing no listed standing, stopping, ((and)) parking, and toll evasion violations, or in the absence of such presentation, the agent verifies the information that would be contained on the preprinted renewal application; or
     (b) If listed standing, stopping, ((and)) parking, and toll evasion violations exist, presents proof of payment and pays a fifteen dollar surcharge.
     (2) The surcharge shall be allocated as follows:
     (a) Ten dollars shall be deposited in the motor vehicle fund to be used exclusively for the administrative costs of the department of licensing; and
     (b) Five dollars shall be retained by the agent handling the renewal application to be used by the agent for the administration of this section.
     (3) If there is a change in the registered owner of the vehicle, the department shall forward the information regarding the change to the state or local charging jurisdiction and release any hold on the renewal of the vehicle license resulting from parking or toll evasion violations incurred while the certificate of license registration was in a previous registered owner's name.
     (4) The department shall send to all registered owners of vehicles who have been reported to have outstanding listed parking or toll evasion violations, at the time of renewal, a statement setting out the dates and jurisdictions in which the violations occurred as well as the amounts of unpaid fines and penalties relating to them and the surcharge to be collected.

Sec. 6   RCW 46.20.270 and 1990 2nd ex.s. c 1 s 402 are each amended to read as follows:
     (1) Whenever any person is convicted of any offense for which this title makes mandatory the suspension or revocation of the driver's license of such person by the department, the privilege of the person to operate a vehicle is suspended until the department takes the action required by this chapter, and the court in which such conviction is had shall forthwith secure the immediate forfeiture of the driver's license of such convicted person and immediately forward such driver's license to the department, and on failure of such convicted person to deliver such driver's license the judge shall cause such person to be confined for the period of such suspension or revocation or until such driver's license is delivered to such judge: PROVIDED, That if the convicted person testifies that he or she does not and at the time of the offense did not have a current and valid vehicle driver's license, the judge shall cause such person to be charged with the operation of a motor vehicle without a current and valid driver's license and on conviction punished as by law provided, and the department may not issue a driver's license to such persons during the period of suspension or revocation: PROVIDED, ALSO, That if the driver's license of such convicted person has been lost or destroyed and such convicted person makes an affidavit to that effect, sworn to before the judge, the convicted person may not be so confined, but the department may not issue or reissue a driver's license for such convicted person during the period of such suspension or revocation: PROVIDED, That perfection of notice of appeal shall stay the execution of sentence including the suspension and/or revocation of the driver's license.
     (2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations within this state, shall forward to the department within ten days of a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine or penalty, a plea of guilty or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
     (3) Every state agency or municipality having jurisdiction over offenses committed under this chapter, or under any other act of this state or municipal ordinance adopted by a state or local authority regulating the operation of motor vehicles on highways, may forward to the department within ten days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, ((or)) parking, or toll evasion has been committed, or failure to appear at a hearing to explain mitigating circumstances, an abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that two or more violations of laws governing standing, stopping, and parking have been committed and indicating the nature of the defendant's failure to act. Such violations may not have occurred while the vehicle is stolen from the registered owner or is leased or rented under a bona fide commercial vehicle lease or rental agreement between a lessor engaged in the business of leasing vehicles and a lessee who is not the vehicle's registered owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.
     (4) For the purposes of Title 46 RCW the term "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW.
     (5) For the purposes of Title 46 RCW the term "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.