HB 2403 — Concerning transit-only lane enforcement cameras.

H-3980.2SUBSTITUTEH-3231.2HOUSE HOUSE BILL 2403State of Washington65th Legislature2018 Regular SessionBy House Transportation (originally sponsored by Representatives Fitzgibbon and Tarleton)READTarletonPrefiled FIRST01/05/18. TIME 01/22/18.AN ACT Relating to transit-only lane enforcement cameras;

amendingRead RCWfirst 46.63.170;time 01/08/18.

andReferred providingto anCommittee expirationon date.BETransportation.AN ITACT ENACTEDRelating BYto THEtransit-only LEGISLATURElane OFenforcement THEcameras; STATE OF WASHINGTON:Sec. 1.  RCW 46.63.170 and 2015 3rd sp.s.

and amending RCW 46.63.170.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 46.63.170 and 2015 3rd sp.s.

Beginning one year after June 7, 2012, cities and counties using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camera and any other relevant information about the automated traffic safety cameras that the city or county deems appropriate on the city's or county's web site.(b)(i)site.(b) AThe pilotappropriate projectlocal islegislative authorizedauthority formust upprepare toan threeanalysis transitof lanethe corridorslocations forwithin the testingjurisdiction ofwhere automated transit-only lane enforcement cameras inare citiesproposed withto populationsbe greaterlocated: than five hundred thousand.

Pilot(i) projectsBefore areenacting authorizedan fromordinance Septemberallowing 1,for 2018,the toinitial Decemberuse 31,of 2020.transit-only lane enforcement cameras;

Aand work(ii) groupbefore mustadding beadditional establishedcameras foror relocating any pilotexisting projectcamera to includea thenew locallocation transportationwithin authority of the cityjurisdiction. in which an included transit lane corridor is located, the metropolitan municipal corporation that operates transit on an included transit lane corridor, and the Washington state department of transportation.

The work group must recommend the transit lane corridors to be selected for inclusion in the pilot project.(ii) The appropriate local legislative authority must prepare an analysis of the locations within the jurisdiction where transit-only lane enforcement cameras are proposed to be located as part of a pilot project:

(A) Before enacting an ordinance allowing for the initial use of transit-only lane enforcement cameras;

and (B) before adding additional cameras or relocating any existing camera to a new location within the jurisdiction.

At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage.(iii)signage.(c) TheExcept pilotas projectprovided workin group(((c))) must(e) provideof anthis updatesubsection, byuse Novemberof 30,automated 2019,traffic andsafety acameras reportis byrestricted December 31, 2020, to the transportationfollowing committeeslocations ofonly: the legislature.

The report must include:(A) A recommendation for how transit lane usage policies may be used to address significant current and near-term building and roadway construction projects in the city that are adversely impacting or that will adversely impact traffic in the city;

and(B) A recommendation for enforcement policies for traffic infractions generated through the use of automated transit-only lane enforcement cameras that considers how drivers may be educated regarding the use of these cameras and the penalties that may result from infractions captured by them.(c) Except as provided in (((c))) (e) of this subsection, use of automated traffic safety cameras is restricted to the following locations only:

Cities and counties shall consider installing cameras in a manner that minimizes the impact of camera flash on drivers.(((e))) (g)(i)(g) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (3)(a) of this section.

The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety or a transit-only lane enforcement camera, stating the facts supporting the notice of infraction.

A person receiving a notice of infraction based on evidence detected by an automated traffic safety or a transit-only lane enforcement camera may respond to the notice by mail.(ii)(A)mail.(((f))) A(h) noticeThe ofregistered infractionowner forof ana infractionvehicle generatedis throughresponsible thefor use of an automatedinfraction transit-onlyunder laneRCW enforcement46.63.030(1)(d) cameraunless maythe onlyregistered beowner issuedovercomes for the secondpresumption orin subsequentRCW violation46.63.075, withinor, ain five-year period by the registeredcase owner of thea vehiclerental orcar thebusiness, rentersatisfies of the vehicleconditions forunder ansubsection infraction(3) generated through the use of anthis automatedsection. transit-only lane enforcement camera.

A warning of infraction must be mailed in place of a notice of infraction for the first violation by the registered owner of the vehicle or the renter of the vehicle for an infraction generated through the use of an automated transit-only lane enforcement camera.(B) A warning of infraction must be issued in the same manner and is subject to the same evidentiary, inspection, and admission requirements, and opportunity for the recipient to respond by mail, applicable to a notice of infraction as provided in (g)(i) of this subsection.(C) No fine may be issued for a warning of infraction for a first infraction by the registered owner of the vehicle or the renter of the vehicle within a five-year period generated through the use of an automated transit-only lane enforcement camera.(((f))) (h) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section.

or(c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.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.(4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).(5) For the purposes of this section, "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 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 as detected by a speed measuring device.(6) For the purposes of this section, "automated transit-only lane enforcement camera" means a device that uses a vehicle sensor installed to monitor nontraffic transit vehicles in violation of designated transit-only lanes.(7) During the 2011-2013 and 2013-2015 fiscal biennia, this section does not apply to automated traffic safety cameras for the purposes of section 216(5), chapter 367, Laws of 2011 and section 216(6), chapter 306, Laws of 2013.NEW2013.--- SECTION.  Sec. 2.  This act expires December 31, 2020.--- END ---