CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2384
Chapter 307, Laws of 2024
68th Legislature
2024 Regular Session
AUTOMATED TRAFFIC SAFETY CAMERAS
EFFECTIVE DATE: June 6, 2024
Passed by the House March 5, 2024 CERTIFICATE
Yeas 55 Nays 38
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
2384 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 29,
2024
Yeas 26 Nays 23 BERNARD DEAN
Chief Clerk
DENNY HECK
President of the Senate
Approved March 26, 2024 2:08 PM FILED
March 27, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE HOUSE BILL 2384
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Transportation (originally sponsored by Representatives
Donaghy, Fitzgibbon, Walen, and Pollet)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to automated traffic safety cameras; amending RCW
2 46.16A.120, 46.63.030, 46.63.180, 46.63.075, and 46.68.480; adding
3 new sections to chapter 46.63 RCW; and repealing RCW 46.63.170.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 46.63
6 RCW to read as follows:
7 The definitions in this section apply throughout this section and
8 sections 2 through 6 of this act unless the context clearly requires
9 otherwise.
10 (1) "Automated traffic safety camera" means a device that uses a
11 vehicle sensor installed to work in conjunction with an intersection
12 traffic control system, a railroad grade crossing control system, or
13 a speed measuring device, and a camera synchronized to automatically
14 record one or more sequenced photographs, microphotographs, or
15 electronic images of the front or rear of a motor vehicle at the time
16 the vehicle fails to stop when facing a steady red traffic control
17 signal or an activated railroad grade crossing control signal, or
18 exceeds a speed limit as detected by a speed measuring device.
19 "Automated traffic safety camera" also includes a device used to
20 detect stopping at intersection or crosswalk violations; stopping
21 when traffic obstructed violations; public transportation only lane
p. 1 ESHB 2384.SL
 1 violations; stopping or traveling in restricted lane violations; and
2 public transportation bus stop zone violations detected by a public
3 transportation vehicle-mounted system.
4 (2) "Hospital speed zone" means the marked area within hospital
5 property and extending 300 feet from the border of the hospital
6 property (a) consistent with hospital use; and (b) where signs are
7 posted to indicate the location is within a hospital speed zone,
8 where "hospital" has the same meaning as in RCW 70.41.020.
9 (3) "Public park speed zone" means the marked area within public
10 park property and extending 300 feet from the border of the public
11 park property (a) consistent with active park use; and (b) where
12 signs are posted to indicate the location is within a public park
13 speed zone.
14 (4) "Public transportation vehicle" means any motor vehicle,
15 streetcar, train, trolley vehicle, ferry boat, or any other device,
16 vessel, or vehicle that is owned or operated by a transit authority
17 or an entity providing service on behalf of a transit authority that
18 is used for the purpose of carrying passengers and that operates on
19 established routes. "Transit authority" has the same meaning as
20 provided in RCW 9.91.025.
21 (5) "Roadway work zone" means an area of any city roadway,
22 including state highways that are also classified as city streets
23 under chapter 47.24 RCW, or county road as defined in RCW 46.04.150,
24 with construction, maintenance, or utility work with a duration of 30
25 calendar days or more. A roadway work zone is identified by the
26 placement of temporary traffic control devices that may include
27 signs, channelizing devices, barriers, pavement markings, and/or work
28 vehicles with warning lights. A roadway work zone extends from the
29 first warning sign or high intensity rotating, flashing, oscillating,
30 or strobe lights on a vehicle to the end road work sign or the last
31 temporary traffic control device or vehicle.
32 (6) "School speed zone" has the same meaning as described in RCW
33 46.61.440 (1) and (2).
34 (7) "School walk zone" means a roadway identified under RCW
35 28A.160.160 or roadways within a one-mile radius of a school that
36 students use to travel to school by foot, bicycle, or other means of
37 active transportation.
38 NEW SECTION. Sec. 2. A new section is added to chapter 46.63
39 RCW to read as follows:
p. 2 ESHB 2384.SL
 1 (1) Nothing in this section prohibits a law enforcement officer
2 from issuing a notice of traffic infraction to a person in control of
3 a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
4 (b), or (c).
5 (2) Any city or county may authorize the use of automated traffic
6 safety cameras and must adopt an ordinance authorizing such use
7 through its local legislative authority.
8 (3) The local legislative authority must prepare an analysis of
9 the locations within the jurisdiction where automated traffic safety
10 cameras are proposed to be located before adding traffic safety
11 cameras to a new location or relocating any existing camera to a new
12 location within the jurisdiction. The analysis must include equity
13 considerations including the impact of the camera placement on
14 livability, accessibility, economics, education, and environmental
15 health when identifying where to locate an automated traffic safety
16 camera. The analysis must also show a demonstrated need for traffic
17 cameras based on one or more of the following in the vicinity of the
18 proposed camera location: Travel by vulnerable road users, evidence
19 of vehicles speeding, rates of collision, reports showing near
20 collisions, and anticipated or actual ineffectiveness or
21 infeasibility of other mitigation measures.
22 (4) Automated traffic safety cameras may not be used on an on-
23 ramp to a limited access facility as defined in RCW 47.52.010.
24 (5) A city may use automated traffic safety cameras to enforce
25 traffic ordinances in this section on state highways that are also
26 classified as city streets under chapter 47.24 RCW. A city government
27 must notify the department of transportation when it installs an
28 automated traffic safety camera to enforce traffic ordinances as
29 authorized in this subsection.
30 (6)(a) At a minimum, a local ordinance adopted pursuant to this
31 section must contain the restrictions described in this section and
32 provisions for public notice and signage. Cities and counties must
33 also post such restrictions and other automated traffic safety camera
34 policies on the city's or county's website. Cities and counties using
35 automated traffic safety cameras before July 24, 2005, are subject to
36 the restrictions described in this section, but are not required to
37 adopt an authorizing ordinance.
38 (b)(i) Cities and counties using automated traffic safety cameras
39 must post an annual report on the city's or county's website of the
40 number of traffic crashes that occurred at each location where an
p. 3 ESHB 2384.SL
 1 automated traffic safety camera is located, as well as the number of
2 notices of infraction issued for each camera. Beginning January 1,
3 2026, the annual report must include the percentage of revenues
4 received from fines issued from automated traffic safety camera
5 infractions that were used to pay for the costs of the automated
6 traffic safety camera program and must describe the uses of revenues
7 that exceeded the costs of operation and administration of the
8 automated traffic safety camera program by the city or county.
9 (ii) The Washington traffic safety commission must provide an
10 annual report to the transportation committees of the legislature,
11 and post the report to its website for public access, beginning July
12 1, 2026, that includes aggregated information on the use of automated
13 traffic safety cameras in the state that includes an assessment of
14 the impact of their use, information required in city and county
15 annual reports under (b)(i) of this subsection, and information on
16 the number of automated traffic safety cameras in use by type and
17 location, with an analysis of camera placement in the context of area
18 demographics and household incomes. To the extent practicable, the
19 commission must also provide in its annual report the number of
20 traffic accidents, speeding violations, single vehicle accidents,
21 pedestrian accidents, and driving under the influence violations that
22 occurred at each location where an automated traffic safety camera is
23 located in the five years before each camera's authorization and
24 after each camera's authorization. Cities and counties using
25 automated traffic safety cameras must provide the commission with the
26 data it requests for the report required under this subsection in a
27 form and manner specified by the commission.
28 (7) All locations where an automated traffic safety camera is
29 used on roadways or intersections must be clearly marked by placing
30 signs at least 30 days prior to activation of the camera in locations
31 that clearly indicate to a driver either that: (a) The driver is
32 within an area where automated traffic safety cameras are authorized;
33 or (b) the driver is entering an area where violations are enforced
34 by an automated traffic safety camera. The signs must be readily
35 visible to a driver approaching an automated traffic safety camera.
36 Signs placed in automated traffic safety camera locations after June
37 7, 2012, must follow the specifications and guidelines under the
38 manual of uniform traffic control devices for streets and highways as
39 adopted by the department of transportation under chapter 47.36 RCW.
40 All public transportation vehicles utilizing a vehicle-mounted system
p. 4 ESHB 2384.SL
 1 must post a sign on the rear of the vehicle indicating to drivers
2 that the vehicle is equipped with an automated traffic safety camera
3 to enforce bus stop zone violations.
4 (8) Automated traffic safety cameras may only record images of
5 the vehicle and vehicle license plate and only while an infraction is
6 occurring. The image must not reveal the face of the driver or of
7 passengers in the vehicle. The primary purpose of camera placement is
8 to record images of the vehicle and vehicle license plate when an
9 infraction is occurring. Cities and counties must consider installing
10 automated traffic safety cameras in a manner that minimizes the
11 impact of camera flash on drivers.
12 (9) A notice of infraction must be mailed to the registered owner
13 of the vehicle within 14 days of the violation, or to the renter of a
14 vehicle within 14 days of establishing the renter's name and address
15 under subsection (17) of this section. The notice of infraction must
16 include with it a certificate or facsimile thereof, based upon
17 inspection of photographs, microphotographs, or electronic images
18 produced by an automated traffic safety camera, stating the facts
19 supporting the notice of infraction. This certificate or facsimile is
20 prima facie evidence of the facts contained in it and is admissible
21 in a proceeding charging a violation under this chapter. The
22 photographs, microphotographs, or electronic images evidencing the
23 violation must be available for inspection and admission into
24 evidence in a proceeding to adjudicate the liability for the
25 infraction. A person receiving a notice of infraction based on
26 evidence detected by an automated traffic safety camera may respond
27 to the notice by mail.
28 (10) The registered owner of a vehicle is responsible for an
29 infraction under RCW 46.63.030(1)(d) unless the registered owner
30 overcomes the presumption in RCW 46.63.075, or, in the case of a
31 rental car business, satisfies the conditions under subsection (17)
32 of this section. If appropriate under the circumstances, a renter
33 identified under subsection (17)(a) of this section is responsible
34 for an infraction.
35 (11) Notwithstanding any other provision of law, all photographs,
36 microphotographs, or electronic images, or any other personally
37 identifying data prepared under this section are for the exclusive
38 use of authorized city or county employees, as specified in RCW
39 46.63.030(1)(d), in the discharge of duties under this section and
40 are not open to the public and may not be used in a court in a
p. 5 ESHB 2384.SL
 1 pending action or proceeding unless the action or proceeding relates
2 to a violation under this section. No photograph, microphotograph, or
3 electronic image, or any other personally identifying data may be
4 used for any purpose other than enforcement of violations under this
5 section nor retained longer than necessary to enforce this section.
6 Transit authorities must provide to the appropriate local
7 jurisdiction that has authorized traffic safety camera use under
8 section 6(2) of this act any images or evidence collected
9 establishing that a violation of stopping, standing, or parking in a
10 bus stop zone has occurred for infraction processing purposes
11 consistent with this section.
12 (12) If a county or city has established an automated traffic
13 safety camera program as authorized under this section, the
14 compensation paid to the manufacturer or vendor of the equipment used
15 must be based only upon the value of the equipment and services
16 provided or rendered in support of the system and may not be based
17 upon a portion of the fine or civil penalty imposed or the revenue
18 generated by the equipment. If the contract between the city or
19 county and manufacturer or vendor of the equipment does not provide
20 for performance or quality control measures regarding camera images,
21 the city or county must perform a performance audit of the
22 manufacturer or vendor of the equipment every three years to review
23 and ensure that images produced from automated traffic safety cameras
24 are sufficient for evidentiary purposes as described in subsection
25 (9) of this section.
26 (13)(a) Except as provided in (d) of this subsection, a county or
27 a city may only use revenue generated by an automated traffic safety
28 camera program as authorized under this section for:
29 (i) Traffic safety activities related to construction and
30 preservation projects and maintenance and operations purposes
31 including, but not limited to, projects designed to implement the
32 complete streets approach as defined in RCW 47.04.010, changes in
33 physical infrastructure to reduce speeds through road design, and
34 changes to improve safety for active transportation users, including
35 improvements to access and safety for road users with mobility,
36 sight, or other disabilities; and
37 (ii) The cost to administer, install, operate, and maintain the
38 automated traffic safety cameras, including the cost of processing
39 infractions.
40 (b) Except as provided in (d) of this subsection:
p. 6 ESHB 2384.SL
 1 (i) The automated traffic safety camera program revenue used by a
2 county or city with a population of 10,000 or more for purposes
3 described in (a)(i) of this subsection must include the use of
4 revenue in census tracts of the city or county that have household
5 incomes in the lowest quartile determined by the most currently
6 available census data and areas that experience rates of injury
7 crashes that are above average for the city or county. Funding
8 contributed from traffic safety program revenue must be, at a
9 minimum, proportionate to the share of the population of the county
10 or city who are residents of these low-income communities and
11 communities experiencing high injury crash rates. This share must be
12 directed to investments that provide direct and meaningful traffic
13 safety benefits to these communities. Revenue used to administer,
14 install, operate, and maintain automated traffic safety cameras,
15 including the cost of processing infractions, are excluded from
1