S-1493.1
SUBSTITUTE SENATE BILL 5722
State of Washington 68th Legislature 2023 Regular Session
By Senate Law & Justice (originally sponsored by Senators Kuderer,
King, Dhingra, Fortunato, and C. Wilson)
READ FIRST TIME 02/17/23.
1 AN ACT Relating to photographs, microphotographs, and electronic
2 images from traffic safety cameras and toll systems; amending RCW
3 46.63.170, 46.63.170, and 46.63.160; providing an effective date; and
4 providing an expiration date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 46.63.170 and 2022 c 182 s 423 are each amended to
7 read as follows:
8 (1) The use of automated traffic safety cameras for issuance of
9 notices of infraction is subject to the following requirements:
10 (a) Except for proposed locations used solely for the pilot
11 program purposes permitted under subsection (6) of this section, the
12 appropriate local legislative authority must prepare an analysis of
13 the locations within the jurisdiction where automated traffic safety
14 cameras are proposed to be located: (i) Before enacting an ordinance
15 allowing for the initial use of automated traffic safety cameras; and
16 (ii) before adding additional cameras or relocating any existing
17 camera to a new location within the jurisdiction. Automated traffic
18 safety cameras may be used to detect one or more of the following:
19 Stoplight, railroad crossing, school speed zone violations, speed
20 violations on any roadway identified in a school walk area as defined
21 in RCW 28A.160.160, speed violations in public park speed zones,
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 1 hospital speed zones, speed violations subject to (c) or (d) of this
2 subsection, or violations included in subsection (6) of this section
3 for the duration of the pilot program authorized under subsection (6)
4 of this section. At a minimum, the local ordinance must contain the
5 restrictions described in this section and provisions for public
6 notice and signage. Cities and counties using automated traffic
7 safety cameras before July 24, 2005, are subject to the restrictions
8 described in this section, but are not required to enact an
9 authorizing ordinance. Beginning one year after June 7, 2012, cities
10 and counties using automated traffic safety cameras must post an
11 annual report of the number of traffic accidents that occurred at
12 each location where an automated traffic safety camera is located as
13 well as the number of notices of infraction issued for each camera
14 and any other relevant information about the automated traffic safety
15 cameras that the city or county deems appropriate on the city's or
16 county's website.
17 (b)(i) Except as provided in (c) and (d) of this subsection and
18 subsection (6) of this section, use of automated traffic safety
19 cameras is restricted to the following locations only: (A)
20 Intersections of two or more arterials with traffic control signals
21 that have yellow change interval durations in accordance with RCW
22 47.36.022, which interval durations may not be reduced after
23 placement of the camera; (B) railroad crossings; (C) school speed
24 zones; (D) roadways identified in a school walk area as defined in
25 RCW 28A.160.160; (E) public park speed zones, as defined in (b)(ii)
26 of this subsection; and (F) hospital speed zones, as defined in
27 (b)(ii) of this subsection.
28 (ii) For the purposes of this section:
29 (A) "Public park speed zone" means the marked area within public
30 park property and extending 300 feet from the border of public park
31 property (I) consistent with active park use; and (II) where signs
32 are posted to indicate the location is within a public park speed
33 zone.
34 (B) "Hospital speed zone" means the marked area within hospital
35 property and extending 300 feet from the border of hospital property
36 (I) consistent with hospital use; and (II) where signs are posted to
37 indicate the location is within a hospital speed zone, where
38 "hospital" has the same meaning as in RCW 70.41.020.
39 (c) In addition to the automated traffic safety cameras
40 authorized under (d) of this subsection, any city west of the Cascade
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 1 mountains with a population of more than 195,000 located in a county
2 with a population of fewer than 1,500,000 may operate an automated
3 traffic safety camera to detect speed violations subject to the
4 following limitations:
5 (i) A city may only operate one such automated traffic safety
6 camera within its respective jurisdiction; and
7 (ii) The use and location of the automated traffic safety camera
8 must have first been authorized by the Washington state legislature
9 as a pilot project for at least one full year.
10 (d)(i) Cities may operate at least one automated traffic safety
11 camera under this subsection to detect speed violations, subject to
12 the requirements of (d)(ii) of this subsection. Cities may operate
13 one additional automated traffic safety camera to detect speed
14 violations for every 10,000 residents included in the city's
15 population. Cameras must be placed in locations that comply with one
16 of the following:
17 (A) The location has been identified as a priority location in a
18 local road safety plan that a city has submitted to the Washington
19 state department of transportation and where other speed reduction
20 measures are not feasible or have not been sufficiently effective at
21 reducing travel speed;
22 (B) The location has a significantly higher rate of collisions
23 than the city average in a period of at least three years prior to
24 installation and other speed reduction measures are not feasible or
25 have not been sufficiently effective at reducing travel speed; or
26 (C) The location is in an area within the city limits designated
27 by local ordinance as a zone subject to specified restrictions and
28 penalties on racing and race attendance.
29 (ii) A city locating an automated traffic safety camera under
30 this subsection (1)(d) must complete an equity analysis that
31 evaluates livability, accessibility, economics, education, and
32 environmental health, and shall consider the outcome of that analysis
33 when identifying where to locate an automated traffic safety camera.
34 (e) All locations where an automated traffic safety camera is
35 used to detect speed violations on roadways identified in a school
36 walk area, speed violations in public park speed zones, speed
37 violations in hospital speed zones, or speed violations under (d) of
38 this subsection must be clearly marked by placing signs in locations
39 that clearly indicate to a driver either: (i) That the driver is
40 within a school walk area, public park speed zone, or hospital speed
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 1 zone; or (ii) that the driver is entering an area where speed
2 violations are enforced by an automated traffic safety camera. Signs
3 placed in automated traffic safety camera locations after June 7,
4 2012, must follow the specifications and guidelines under the manual
5 of uniform traffic control devices for streets and highways as
6 adopted by the department of transportation under chapter 47.36 RCW.
7 (f) Automated traffic safety cameras may only take pictures of
8 the vehicle and vehicle license plate and only while an infraction is
9 occurring. The picture must not reveal the face of the driver or of
10 passengers in the vehicle. The primary purpose of camera placement is
11 to take pictures of the vehicle and vehicle license plate when an
12 infraction is occurring. Cities and counties shall consider
13 installing cameras in a manner that minimizes the impact of camera
14 flash on drivers.
15 (g) A notice of infraction must be mailed to the registered owner
16 of the vehicle within 14 days of the violation, or to the renter of a
17 vehicle within 14 days of establishing the renter's name and address
18 under subsection (3)(a) of this section. The law enforcement officer
19 issuing the notice of infraction shall include with it a certificate
20 or facsimile thereof, based upon inspection of photographs,
21 microphotographs, or electronic images produced by an automated
22 traffic safety camera, stating the facts supporting the notice of
23 infraction. This certificate or facsimile is prima facie evidence of
24 the facts contained in it and is admissible in a proceeding charging
25 a violation under this chapter. The photographs, microphotographs, or
26 electronic images evidencing the violation must be available for
27 inspection and admission into evidence in a proceeding to adjudicate
28 the liability for the infraction. A person receiving a notice of
29 infraction based on evidence detected by an automated traffic safety
30 camera may respond to the notice by mail.
31 (h) The registered owner of a vehicle is responsible for an
32 infraction under RCW 46.63.030(1)(d) unless the registered owner
33 overcomes the presumption in RCW 46.63.075, or, in the case of a
34 rental car business, satisfies the conditions under subsection (3) of
35 this section. If appropriate under the circumstances, a renter
36 identified under subsection (3)(a) of this section is responsible for
37 an infraction.
38 (i) Notwithstanding any other provision of law, all photographs,
39 microphotographs, or electronic images, or any other personally
40 identifying data prepared under this section are for the exclusive
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 1 use of law enforcement in the discharge of duties under this section
2 and are not open to the public and may not be used in a court in a
3 pending action or proceeding unless the action or proceeding relates
4 to a violation under this section. No photograph, microphotograph, or
5 electronic image, or any other personally identifying data may be
6 used for any purpose other than enforcement of violations under this
7 section nor retained longer than necessary to enforce this section.
8 (j) Pursuant to a lawfully issued search warrant, any records,
9 photographs, microphotographs, and electronic images prepared under
10 this section shall be made available to law enforcement and all
11 restrictions on their use, as set forth in (i) of this subsection,
12 shall not apply.
13 (k) Pursuant to a subpoena for producing evidence or permitting
14 inspection in a criminal case in which the court has made a finding
15 of materiality, any records, photographs, microphotographs, and
16 electronic images prepared under this section shall be made available
17 to prosecuting attorneys and defense lawyers and all restrictions on
18 their use, as set forth in (i) of this subsection, shall not apply.
19 (l) All locations where an automated traffic safety camera is
20 used must be clearly marked at least 30 days prior to activation of
21 the camera by placing signs in locations that clearly indicate to a
22 driver that he or she is entering a zone where traffic laws are
23 enforced by an automated traffic safety camera. Signs placed in
24 automated traffic safety camera locations after June 7, 2012, must
25 follow the specifications and guidelines under the manual of uniform
26 traffic control devices for streets and highways as adopted by the
27 department of transportation under chapter 47.36 RCW.
28 (((k))) (m) If a county or city has established an authorized
29 automated traffic safety camera program under this section, the
30 compensation paid to the manufacturer or vendor of the equipment used
31 must be based only upon the value of the equipment and services
32 provided or rendered in support of the system, and may not be based
33 upon a portion of the fine or civil penalty imposed or the revenue
34 generated by the equipment.
35 (((l))) (n) If a city is operating an automated traffic safety
36 camera to detect speed violations on roadways identified in a school
37 walk area, speed violations in public park speed zones, speed
38 violations in hospital speed zones, or speed violations under (d) of
39 this subsection, the city shall remit monthly to the state 50 percent
40 of the noninterest money received for infractions issued by those
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 1 cameras excess of the cost to administer, install, operate, and
2 maintain the automated traffic safety cameras, including the cost of
3 processing infractions. Money remitted under this subsection to the
4 state treasurer shall be deposited in the Cooper Jones active
5 transportation safety account created in RCW 46.68.480. This
6 subsection (1)(((l))) (n) does not apply to automated traffic safety
7 cameras authorized for stoplight, railroad crossing, or school speed
8 zone violations.
9 (2) Infractions detected through the use of automated traffic
10 safety cameras are not part of the registered owner's driving record
11 under RCW 46.52.101 and 46.52.120. Additionally, infractions
12 generated by the use of automated traffic safety cameras under this
13 section shall be processed in the same manner as parking infractions,
14 including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120,
15 and 46.20.270(2). Except as provided otherwise in subsection (6) of
16 this section, the amount of the fine issued for an infraction
17 generated through the use of an automated traffic safety camera shall
18 not exceed the amount of a fine issued for other parking infractions
19 within the jurisdiction. However, the amount of the fine issued for a
20 traffic control signal violation detected through the use of an
21 automated traffic safety camera shall not exceed the monetary penalty
22 for a violation of RCW 46.61.050 as provided under RCW 46.63.110,
23 including all applicable statutory assessments.
24 (3) If the registered owner of the vehicle is a rental car
25 business, the law enforcement agency shall, before a notice of
26 infraction being issued under this section, provide a written notice
27 to the rental car business that a notice of infraction may be issued
28 to the rental car business if the rental car business does not,
29 within 18 days of receiving the written notice, provide to the
30 issuing agency by return mail:
31 (a) A statement under oath stating the name and known mailing
32 address of the individual driving or renting the vehicle when the
33 infraction occurred; or
34 (b) A statement under oath that the business is unable to
35 determine who was driving or renting the vehicle at the time the
36 infraction occurred because the vehicle was stolen at the time of the
37 infraction. A statement provided under this subsection must be
38 accompanied by a copy of a filed police report regarding the vehicle
39 theft; or
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 1 (c) In lieu of identifying the vehicle operator, the rental car
2 business may pay the applicable penalty.
3 Timely mailing of this statement to the issuing law enforcement
4 agency relieves a rental car business of any liability under this
5 chapter for the notice of infraction.
6 (4) Nothing in this section prohibits a law enforcement officer
7 from issuing a notice of traffic infraction to a person in control of
8 a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
9 (b), or (c).
10 (5)(a) For the purposes of this section, "automated traffic
11 safety camera" means a device that uses a vehicle sensor installed to
12 work in conjunction with an intersection traffic control system, a
13 railroad grade crossing control system, or a speed measuring device,
14 and a camera synchronized to automatically record one or more
15 sequenced photographs, microphotographs, or electronic images of the
16 rear of a motor vehicle at the time the vehicle fails to stop when
17 facing a steady red traffic control signal or an activated railroad
18 grade crossing control signal, or exceeds a speed limit as detected
19 by a speed measuring device.
20 (b) For the purposes of the pilot program authorized under
21 subsection (6) of this section, "automated traffic safety camera"
22 also includes a device used to detect stopping at intersection or
23 crosswalk violations; stopping when traffic obstructed violations;
24 public transportation only lane violations; and stopping or traveling
25 in restricted lane violations. The device, including all technology
26 defined under "automated traffic safety camera," must not reveal the
27 face of the driver or the passengers in vehicles, and must not use
28 any facial recognition technology in real time or after capturing any
29 information. If the face of any individual in a crosswalk or
30 otherwise within the frame is incidentally captured, it may not be
31 made available to the public nor used for any purpose including, but
32 not limited to, any law enforcement action, except in a pending
33 action or proceeding related to a violation under this section.
34 (6)(a)(i) A city with a population greater than 500,000 may adopt
35 an ordinance creating a pilot program authorizing automated traffic
36 safety cameras to be used to detect one or more of the following
37 violations: Stopping when traffic obstructed violations; stopping at
38 intersection or crosswalk violations; public transportation only lane
39 violations; and stopping or traveling in restricted lane violations.
40 Under the