Driver's Licenses Authorized for Specific Circumstances.
The Department of Licensing (DOL) is authorized to issue restricted or special types of driver's licenses to individuals for specific circumstances, including occupational and temporary restricted driver's licenses. An occupational license may be issued while a person's driver's license is suspended administratively by the DOL and allows the person to operate a vehicle, under certain conditions, in order to commute to work and certain other reasons. A temporary restricted license may be issued while a person's driver's license is mandatorily suspended for the commission of certain crimes and allows the person to operate a vehicle under the same conditions, and for the same reasons as for an occupational license.
Traffic Laws Relating to Excessive Vehicle Speed.
A driver who operates a vehicle in excess of the posted speed limit commits a traffic infraction, with certain exceptions, and is subject to a fine, which depends on the magnitude of the speed in excess of the limit and is prescribed under state court rules. Traffic infractions for speeding may also be issued for speed that is too fast for given roadway conditions or for certain speeds within school zones at certain times of day. Reckless Driving, a gross misdemeanor, applies when a person drives in willful or wanton disregard for the safety of persons or property and may involve excessive speed. In addition, excessive speed may be a factor in other vehicular crimes, such as in Vehicular Assault.
A driver following a slow-moving vehicle on a two-lane road may pass the vehicle at a speed that exceeds the speed limit, but only at such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
Suspensions.
A person's driver's license may be suspended by the DOL for a number reasons relating to the violation of the law, two of which include an accumulation of too many moving violations and a criminal conviction for Reckless Driving. A moving violation is a traffic infraction for violating the law while the vehicle is being operated. An accumulation of three or more moving violation infractions within a one-year period or four or more within a two-year period results in a suspension of the person's driver's license for a period of 60 days. In addition, the DOL must establish a period of probation for one calendar year to begin when the suspension ends. During the period of probation, the person must not be convicted of any additional moving violations. Conviction for a moving violation during this period will result in 30 days being added to the suspension period.
A person who is guilty of Reckless Driving may be imprisoned for up to 364 days and fined up to $5,000. In addition, the DOL must suspend the person's driver's license for at least 30 days.
Intelligent Speed Assistance Devices.
An intelligent speed assistance (ISA) device is a technical device designed to be installed within a motor vehicle to actively monitor and prevent the driver from exceeding a preset limit. Intelligent speed assistance devices employ a technology that uses a global positioning system to compare the posted speed limit to the speed of the vehicle. Some ISA devices are programmed to include an override function to allow the vehicle to exceed the preset limit for the purposes of passing slow-moving vehicles or certain other conditions.
Motor Vehicle Manufacturers, Distributors, and Retailers.
Motor vehicle manufacturers, distributors, retailers are regulated under state law and must be licensed by the DOL for doing business in the state.
Public Records Act.
The Public Records Act (PRA) requires state and local agencies to make all public records available for public inspection and copying unless a record falls within an exemption in the PRA or another statute that exempts or prohibits disclosure of specific information or records.
A person may not operate a motor vehicle without a functioning ISA device, defined as a technical device designed to be installed within a motor vehicle to actively monitor and prevent the driver from exceeding a preset limit:
The ISA device must employ a technology using a global positioning system (GPS) and be programmed to limit the operation of the vehicles to no more than the speed limit, generally. The ISA device must include an override function to allow the operator to exceed the speed limit on up to three occasions per month. An exception to the requirement to use a functioning ISA device is provided with respect to certain vehicles owned, leased, rented, or maintained by the person's employer.
When a person is required to use an ISA device, the person is otherwise required to operate a motor vehicle in a safe and lawful manner at all times. The obligation to use the ISA device is not a defense or mitigating circumstance to any violation of the rules of the road.
With respect to an applicant for either a temporary restricted or an occupational driver's license, in which the applicant has had the regular driver's license suspended either for an accumulation of moving violations, in which at least one of the violations was for excessive speeding, or for a conviction of Reckless Driving, the terms of the license is modified. The license requires the applicant to use a properly functioning ISA device while operating a motor vehicle during the duration of the license.
The person who is required to use an ISA device must pay for the costs of installing, removing, and leasing the device, as well as an additional fee of $21 per month. The DOL must deposit the additional fee to a new account, the Intelligent Speed Assistance Device Revolving Account, which is established to offset the costs of the ISA devices for indigent persons.
Following a suspension for an accumulation of moving violations, in which at least one of the violations was for excessive speeding, a person may not operate a vehicle without a properly functioning ISA device for the first 120 days of the probation period. A violation of this requirement is a traffic infraction. Following a suspension for a conviction of Reckless Driving, the DOL must establish a period of probation for 150 days and require the use of an ISA device during that time. A violation of this requirement is a traffic infraction that triggers an additional 30 day suspension of the person's driver's license.
To be eligible to install, repair, maintain, monitor, or remove an ISA device, a person must apply to the DOL. An applicant seeking to install the device must submit a declaration that the device meets the definition of an ISA device and is programmed with GPS technology to limit the velocity of a moving vehicle to the posted speed limit, except as provided for the override function exception. To maintain eligibility, a person must submit criminal background check results to the DOL for any individual hired to install, repair, maintain, monitor, or repair an ISA device. All data collected from an ISA device by the person must be securely maintained and may not be shared with any third parties, except regarding the installation and removal of the device, without a court order.
A person who is required to use the ISA device and tampers with the device, or directs another person to tamper with the ISA device, is guilty of a gross misdemeanor. Another person who knowingly assists a person who is required to use an ISA device with the tampering of the device is guilty of a gross misdemeanor.
A court may order the use of an ISA device, with respect to a criminal offense, as either a condition of pre-trial release of a defendant or of post-conviction probation.
Any data collected by an ISA device is exempt from public disclosure under the PRA.
A motor vehicle manufacturer, distributor, or dealer is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an ISA device. A lessor or lienholder may require the lessee or owner of a motor vehicle to notify the lessor or lienholder if an ISA device is installed on a motor vehicle subject to a lease or finance agreement.
This act may be known as the "BEAM" act.
(In support) Washingtonians are losing their lives because of people speeding. Infractions involving speeding drivers in excess of 50 mph over the speed limit increased by 200 percent between 2019 and 2024. This bill focuses on some of the most reckless drivers and those causing a disproportionate number of traffic fatalities and injuries. Nationally, 29 percent of all crash fatalities in 2022 were speed-related. In Washington, this figure exceeded 30 percent in 2023. Speeding remains a big factor in fatal crashes. Excessive speed was a contributing factor in 251 fatalities, underscoring the critical need for interventions to address speeding.
The bill implements intelligent speed assistance (ISA) technology. This is not a new technology around the world. The proposed bill advocates for the adoption of speed limiter devices to ensure vehicles adhere to posted speed limits, thereby reducing speed-related accidents. These devices have been shown to be effective.
Fundamentally, one of the goals is public safety. According to the American Association of Motor Vehicle Administrators, more than 70 percent of drivers with suspended licenses continue to drive during their suspension. By mandating speed limiters as a condition for license reinstatement, the bill aims to promote responsible driving behavior among habitual offenders. The bill gives the courts a tool to maintain accountability for these habitual speed violators. The bill focuses on the most dangerous offenders and specifically addresses excessive speeding defined as driving 20 mph over the speed limit.
One victim spent her life in the Renton community. Out of nowhere, a vehicle slammed into her van at 112 mph, leaving three children without a mom. This was not a traffic accident; this intentional behavior weaponizes vehicles, turning them into missiles more dangerous than bullets. We need stiff consequences for these thrill seekers and must use any tools possible to detect and stop them.
Policymakers should think of the ISA device along the lines of the ignition interlock device, which is a tool that restricts people from starting their vehicle when they have had an alcohol-related conviction. The ISA device uses a technology that can stop speeding drivers. Speed, more than weight, causes deadly crashes.
Families for Safe Streets (FSS) is comprised of people who have lost loved ones, who have been injured, or who care for someone who was injured in traffic violence. Families for Safe Streets supports life-saving legislation in our communities to lower speed limits, permit automated enforcement, improved roadway design, and more. This bill is an important tool to advance this cause. Speed accounts for a significant number of traffic fatalities, and we need to invest in this technology. Protecting families in Washington is paramount, and speeding is preventable.
The DOL intends to work with the sponsor on the implementation timeline. This is a complex bill that will require resources and time to deal with the software programming and interfacing with other entities that rely on the DOL data.
The technology proposed in the bill has been in use for decades, mostly in municipal fleets. It has been proven to work. It can protect drivers on roadways and, at the same time, change the behavior of that individual while allowing them to still get to work and errands.
(Opposed) None.
(Other) Excessive speeding, particularly at speeds above 45 mph, is extremely dangerous. Drivers have less time to react and their ability to see and process their surroundings is reduced drastically. Tickets and license suspensions do not prevent someone from continuing to speed. The state strategic highway safety plan called Target Zero identifies speed limiter technology as an important strategy to curb excess speeding to protect families, save lives, and create a safer Washington for everyone.
(In support) Representative Mari Leavitt, prime sponsor; Theodore Smith; Amy Freedheim, Senior Deputy Prosecutor King County - Felony Traffic; David Sale, Families for Safe Streets; Lori Markowitz, Families for Safe Streets; Peter Bengston, Families for Safe Streets; and Ken Denton, Life Scofer.
May Wang, Families for Safe Streets; and Amber Weilert, Families for Safe Streets.