BILL REQ. #:  S-1167.1 

Read first time 02/08/11.   Referred to Committee on Transportation.

     AN ACT Relating to the elimination of automated traffic safety cameras; amending RCW 46.12.655, 46.16A.120, 46.16A.120, 46.63.030, 46.63.030, 46.63.073, and 46.63.075; adding a new section to chapter 46.63 RCW; creating a new section; repealing RCW 46.63.170; repealing 2010 c 249 s 7; and providing a contingent effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.63 RCW to read as follows:
      (1) If a county, city, or other local authority has established one or more automated traffic safety camera programs including, without limitation, any programs adopted before the effective date of this section, all such programs must terminate immediately upon the effective date of this section.
     (2) Any notice of infraction issued by any county, city, or other local authority in connection with an automated traffic safety camera program for a violation occurring on or after the effective date of this section is null and void.
     (3) As used in this section:
     (a) "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 motor 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.
     (b) "Local authority" or "local authorities" includes every county, municipal, or other local public board or body that has the authority to adopt local police regulations under the Constitution and laws of this state.

Sec. 2   RCW 46.12.655 and 2010 c 161 s 310 are each amended to read as follows:
     (1) An owner is relieved of civil or criminal liability for the operation of a vehicle by another person when the owner has:
     (a) Made a bona fide sale or transfer of a vehicle;
     (b) Delivered possession of the vehicle to the person acquiring ownership;
     (c) Released interest in the vehicle and provided the certificate of title and registration certificate to the person acquiring ownership; and
     (d) Filed a report of sale that meets all the requirements in RCW 46.12.650(2).
     (2) A person acquiring a vehicle assumes civil or criminal liability for any traffic violation under this title, whether designated as a traffic infraction or classified as a criminal offense, that occurs after the date of sale or transfer of ownership based on the vehicle's identification including, but not limited to:
     (a) Parking infractions; and
     (b) High occupancy toll lane violations((; and
     (c) Violations recorded by automated traffic safety cameras)).
     (3) A person shown as the buyer of a vehicle on an abandoned vehicle report submitted to the department by a registered tow truck operator assumes liability for the vehicle. Any previous owner is relieved of civil or criminal liability for the operation of the vehicle from the date of sale.
     (4) A person who had no knowledge of the filing of the report of sale is relieved of civil or criminal liability for the operation of the vehicle. Liability is then transferred to the seller shown on the report of sale.

Sec. 3   RCW 46.16A.120 and 2010 c 161 s 430 are each amended to read as follows:
     (1) Each court and government agency located in this state having jurisdiction over standing, stopping, and parking violations((,)) and the use of a photo enforcement system under RCW 46.63.160((, and the use of automated traffic safety cameras under RCW 46.63.170)) may forward to the department any outstanding:
     (a) Standing, stopping, and parking violations; and
     (b) Photo enforcement infractions issued under RCW 46.63.030(1)(d)((; and
     (c) Automated traffic safety camera infractions issued under RCW 46.63.030(1)(e))).
     (2) Violations and infractions described in subsection (1) of this section must be reported to the department in the manner described in RCW 46.20.270(3).
     (3) The department shall:
     (a) Record the violations and infractions on the matching vehicle records; and
     (b) Send notice approximately one hundred twenty days in advance of the current vehicle registration expiration date to the registered owner listing the dates and jurisdictions in which the violations occurred, the amounts of unpaid fines and penalties, and the surcharge to be collected. Only those violations and infractions received by the department one hundred twenty days or more before the current vehicle registration expiration date will be included in the notice. Violations and infractions received by the department later than one hundred twenty days before the current vehicle registration expiration date that are not satisfied will be delayed until the next vehicle registration expiration date.
     (4) The department, county auditor or other agent, or subagent appointed by the director shall not renew a vehicle registration if there are any outstanding standing, stopping, and parking violations, and other infractions issued under RCW 46.63.030(1)(d) for the vehicle unless:
     (a) The outstanding((,)) standing, (([stopping,])) stopping, or parking violations were received by the department within one hundred twenty days before the current vehicle registration expiration;
     (b) There is a change in registered ownership; or
     (c) The registered owner presents proof of payment of each violation and infraction provided in this section and the registered owner pays the surcharge required under RCW 46.17.030.
     (5) The department shall:
     (a) Forward a change in registered ownership information to the court or government agency who reported the outstanding violations or infractions; and
     (b) Remove the outstanding violations and infractions from the vehicle record.

Sec. 4   RCW 46.16A.120 and 2010 c 249 s 10 are each amended to read as follows:
     (((1) To renew a vehicle license, an applicant shall satisfy all listed standing, stopping, and parking violations, and civil penalties issued under RCW 46.63.160 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 violations, and civil penalties issued under RCW 46.63.160 include only those violations for which notice has been received from state or local agencies or courts 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, or parking violations, or civil penalties issued under RCW 46.63.160, 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, or parking violations, or civil penalties issued under RCW 46.63.160 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 violations or civil penalties issued under RCW 46.63.160 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 violations or civil penalties issued under RCW 46.63.160, 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.))
     (1) Each court and government agency located in this state having jurisdiction over standing, stopping, and parking violations and the use of a photo toll system under RCW 46.63.160 may forward to the department any outstanding:
     (a) Standing, stopping, and parking violations; and
     (b) Civil penalties for toll nonpayment detected through the use of photo toll systems issued under RCW 46.63.160.
     (2) Violations, civil penalties, and infractions described in subsection (1) of this section must be reported to the department in the manner described in RCW 46.20.270(3).
     (3) The department shall:
     (a) Record the violations, civil penalties, and infractions on the matching vehicle records; and
     (b) Send notice approximately one hundred twenty days in advance of the current vehicle registration expiration date to the registered owner listing the dates and jurisdictions in which the violations, civil penalties, and infractions occurred, the amounts of unpaid fines and penalties, and the surcharge to be collected. Only those violations, civil penalties, and infractions received by the department one hundred twenty days or more before the current vehicle registration expiration date will be included in the notice. Violations, civil penalties, and infractions received by the department later than one hundred twenty days before the current vehicle registration expiration date that are not satisfied will be delayed until the next vehicle registration expiration date.
     (4) The department, county auditor or other agent, or subagent appointed by the director shall not renew a vehicle registration if there are any outstanding standing, stopping, and parking violations, and other civil penalties issued under RCW 46.63.160 for the vehicle unless:
     (a) The outstanding standing, stopping, or parking violations and civil penalties were received by the department within one hundred twenty days before the current vehicle registration expiration;
     (b) There is a change in registered ownership; or
     (c) The registered owner presents proof of payment of each violation, civil penalty, and infraction provided in this section and the registered owner pays the surcharge required under RCW 46.17.030.
     (5) The department shall:
     (a) Forward a change in registered ownership information to the court or government agency who reported the outstanding violations, civil penalties, or infractions; and
     (b) Remove the outstanding violations, civil penalties, and infractions from the vehicle record.

Sec. 5   RCW 46.63.030 and 2007 c 101 s 1 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;
     (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 infraction is detected through the use of a photo enforcement system under RCW 46.63.160((; or
     (e) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170)).
     (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 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. 6   RCW 46.63.030 and 2010 c 249 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((; or
     (d) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170)).
     (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 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. 7   RCW 46.63.073 and 2007 c 372 s 1 are each amended to read as follows:
     (1) In the event a traffic infraction is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction may be issued, 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 thirty 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.
     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. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. For the purpose of this subsection, a "traffic infraction based on a vehicle's identification" includes, but is not limited to, parking infractions((,)) and high occupancy toll lane violations((, and violations recorded by automated traffic safety cameras)).
     (2) In the event a parking infraction is issued by a private parking facility and is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the parking facility shall, before a notice of infraction may be issued, 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 thirty days of receiving the written notice, provide to the parking facility 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.
     Timely mailing of this statement to the parking facility relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. For the purpose of this subsection, a "parking infraction based on a vehicle's identification" is limited to parking infractions occurring on a private parking facility's premises.

Sec. 8   RCW 46.63.075 and 2005 c 167 s 3 are each amended to read as follows:
     (1) In a traffic infraction case involving an infraction detected through the use of a photo enforcement system under RCW 46.63.160((, or detected through the use of an automated traffic safety camera under RCW 46.63.170)), proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.160 ((or 46.63.170)), 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, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
     (2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

NEW SECTION.  Sec. 9   2010 c 249 s 7 is repealed.

NEW SECTION.  Sec. 10   This act is not intended to restrict, limit, or expand the ability of local authorities to operate toll systems in accordance with RCW 46.63.160.

NEW SECTION.  Sec. 11   RCW 46.63.170 (Automated traffic safety cameras -- Definition) and 2010 c 161 s 1127, 2009 c 470 s 714, 2007 c 372 s 3, & 2005 c 167 s 1 are each repealed.

NEW SECTION.  Sec. 12   Sections 4, 6, and 9 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 4, 6, and 9 of this act are null and void.