Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 1099

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requires a legislative authority that adopts an ordinance allowing for the use of automated traffic safety cameras to submit the ordinance to the voters within its jurisdiction at a general election.
Requires an ordinance that allows for the use of automated traffic safety cameras to indicate the maximum number of cameras that may be used within the jurisdiction, and requires a subsequent ordinance to increase the number of traffic cameras to be approved by the voters at a general election.
Requires the minimum duration for the yellow change interval to be based on the 85th percentile of free-flowing traffic and the kinematic formula published by the Institute of Traffic Engineers when a traffic camera is used at a two-arterial intersection.
Changes infractions detected through the use of automated traffic safety cameras to traffic infractions, and prohibits the infractions from being made available to the registered owner's insurance company or employer.
Requires compensation paid to a traffic camera manufacturer or vendor to be a fixed rate based only on the value of the equipment and service provided.

Background:

Local governments are authorized to use automated traffic safety cameras subject to the following conditions:

an ordinance must first be enacted by the local legislative authority allowing their use to detect only stoplight, railroad crossing, or school speed zone violations, and setting forth public notice and signage provisions;
use of the automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones only, except in the case of on-going pilot projects involving the use of automated traffic safety cameras to detect speed violations and work zone safety violations;
pictures may be taken only of vehicles and vehicle license plates while an infraction is occurring and must not reveal driver or passenger faces;
all locations where a camera is used must be clearly marked by signs indicating the presence of a camera zone;
infraction notices must be mailed to the registered owner of the vehicle within 14 days of the infraction and may be responded to by mail;
the compensation paid to the manufacturer or vendor of the equipment must be based only on the value of the equipment and services rendered and not upon a portion of the fines or revenue; and
infractions detected through the use of cameras are not part of the registered owner's driving record.

Infractions detected through the use of cameras must be processed in the same manner as parking infractions, and the fine associated with an infraction may not exceed the amount of a fine issued for other parking infractions within the jurisdiction. Revenue from parking infractions goes to the local jurisdiction, unlike revenue from traffic infractions. Revenue from traffic infractions is divided between several different accounts and entities. Local jurisdictions receive approximately 35 percent of the infraction amount, depending on the infraction.

The registered owner of a vehicle is responsible for an infraction detected by an automated traffic safety camera unless the owner states under oath that the vehicle involved was, at the time, stolen or in the care, custody, or control of another person.

Speed limits that are set to reflect the speed most motorists naturally drive are selected in part by determining the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the drivers are operating.

The Institute of Transportation Engineers (ITE) publishes a kinematic formula for use in determining the duration of the yellow change interval and red clearance interval at traffic signals. The formula accounts for a variety of conditions at intersections. The variables for the kinematic formula for yellow change intervals include driver perception/reaction time, speed of approaching vehicles, average deceleration, acceleration due to gravity, and grade of approach. The variables for the kinematic formula for red change intervals include width of intersection, length of vehicles, and speed of approaching vehicles.

Summary of Bill:

A local legislative authority that adopts an ordinance allowing for the use of automated traffic safety cameras must submit the ordinance to the voters within its jurisdiction at a general election. An ordinance that allows for the use of automated traffic safety cameras must indicate the maximum number of cameras that may be used within the jurisdiction. A local legislative authority must pass a subsequent ordinance to increase the number of traffic cameras in its jurisdiction, and the subsequent ordinance must be approved by the voters at a general election.

When a traffic camera is used at a two-arterial intersection, the minimum duration for the yellow change interval must be based on the 85th percentile of free-flowing traffic and the kinematic formula published by the ITE.

Infractions detected through the use of automated traffic safety cameras are traffic infractions, and the infractions may not be made available to the registered owner's insurance company or employer. A notice of infraction is not valid unless all restrictions related to the use of traffic cameras have been met.

Compensation paid to a traffic camera manufacturer or vendor must be a fixed rate based only on the value of the equipment and service provided.