BILL REQ. #:  S-4972.1 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to traffic safety camera images; amending RCW 46.63.170; and reenacting and amending RCW 46.63.160.

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

Sec. 1   RCW 46.63.160 and 2007 c 372 s 2 and 2007 c 101 s 2 are each reenacted and amended to read as follows:
     (1) This section applies only to infractions issued under RCW 46.61.690 for toll collection evasion.
     (2) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
     (3) Toll collection systems include manual cash collection, electronic toll collection, and photo enforcement systems.
     (4) "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.
     (5) "Photo enforcement system" means a vehicle sensor installed to work in conjunction with an electronic toll collection system that automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of a vehicle operated in violation of an infraction under this chapter.
     (6) The use of a toll collection system is subject to the following requirements:
     (a) The department of transportation shall adopt rules that allow an open standard for 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. The rules must also allow for multiple vendors providing electronic payment devices or transponders as technology permits.
     (b) The department of transportation may not sell, distribute, or make available in any way, the names and addresses of electronic toll collection system account holders.
     (7) The use of a photo enforcement system for issuance of notices of infraction is subject to the following requirements:
     (a) Photo enforcement systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images 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 violation. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo enforcement 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 under this chapter. 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 infraction.
     (c) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter are for the ((exclusive)) use of the tolling agency and law enforcement in the discharge of 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 violation under this chapter. No photograph, digital photograph, microphotograph, videotape, or other recorded image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter or verify that tolls are paid.
     (d))), except under the following circumstances:
     (i) If the action or proceeding relates to a violation under this chapter, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter must be made available to a party in the action or proceeding and for admission into evidence;
     (ii) If the action or proceeding relates to a civil action for personal injury or property damage, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter must be made available to a party in the action or proceeding and for admission into evidence; or
     (iii) If the action or proceeding relates to a criminal violation of law, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter must be made available to a party in the action or proceeding and for admission into evidence.
     (d) All photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter must be retained for a minimum of three years from the date of a violation under this chapter.
     (e) All locations where a photo enforcement system is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by a photo enforcement system.
     (8) The admission into evidence of any photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter in a pending court action or proceeding under subsection (7)(c) of this section is subject to the rules of evidence.
     (9) A reasonable fee not to exceed ten dollars may be charged for any photograph, digital photograph, microphotograph, videotape, or other recorded image requested and made available under subsection (7)(c)(ii) of this section.
     (10) Infractions detected through the use of photo enforcement systems are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of photo enforcement systems under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3).
     (((9))) (11) The penalty for an infraction detected through the use of a photo enforcement system shall be forty dollars plus an additional toll penalty. The toll penalty is equal to three times the cash toll for a standard passenger car during peak hours. Any reduction in the total penalty imposed shall be made proportionally between the forty-dollar penalty and the toll penalty. The court shall remit the toll penalty to the department of transportation or a private entity under contract with the department of transportation for deposit in the statewide account in which tolls are deposited for the tolling facility at which the violation occurred.
     (((10))) (12) If the registered owner of the vehicle is a rental car business the department of transportation or a law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of the mailing of the written notice, provide to the issuing agency by return mail:
     (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
     (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
     (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee.
     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.

Sec. 2   RCW 46.63.170 and 2007 c 372 s 3 are each amended to read as follows:
     (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements:
     (a) The appropriate local legislative authority must first enact an ordinance allowing for their use to detect one or more of the following: Stoplight, railroad crossing, or school speed zone violations. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance.
     (b) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones only.
     (c) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.
     (d) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (((3))) (5)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, 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 under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.
     (e) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (((3))) (5) of this section. If appropriate under the circumstances, a renter identified under subsection (((3))) (5)(a) of this section is responsible for an infraction.
     (f) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the ((exclusive)) use of law enforcement in the discharge of 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 violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.
     (g))), except under the following circumstances:
     (i) If the action or proceeding relates to a violation under this section, all photographs, microphotographs, or electronic images prepared under this section must be made available to a party in the action or proceeding and for admission into evidence;
     (ii) If the action or proceeding relates to a civil action for personal injury or property damage, all photographs, microphotographs, or electronic images prepared under this section must be made available to a party in the action or proceeding and for admission into evidence; or
     (iii) If the action or proceeding relates to a criminal violation of law, all photographs, microphotographs, or electronic images prepared under this section must be made available to a party in the action or proceeding and for admission into evidence.
     (g) All photographs, microphotographs, or electronic images prepared under this section must be retained for a minimum of three years from the date of a violation under this section.
     (h) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.
     (((h))) (i) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.
     (2) The admission into evidence of any photographs, microphotographs, or electronic images prepared under this section in a pending court action or proceeding under subsection (1)(f) of this section is subject to the rules of evidence.
     (3) A reasonable fee not to exceed ten dollars may be charged for any photograph, microphotograph, or electronic image requested and made available under subsection (1)(f)(ii) of this section.
     (4) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction.
     (((3))) (5) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail:
     (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
     (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
     (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
     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.
     (((4))) (6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
     (((5))) (7) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device.