Understanding the changes to RCW 46.63 and their implications for drivers
A new bill was just signed by Governor Jay Inslee and is set to go into effect July 23, 2023. The bill amends RCW 46.63.030 and 46.63.075 and adds a new section to RCW 46.63. The added section is a test to try to decrease the recent uptick in work zone incidents[1] and will expire June 30, 2030, though if it goes well could be reinstated.
Changes to RCW 46.63.030 and 46.63.075
The change to RCW 46.63.030 adds language that allows a traffic infraction to be issued through the use of a “speed safety camera system” in section 3 of the act. The change to RCW 46.63.075 adds that a speeding camera can be used with proof that the person named in the infraction was a registered owner of the vehicle at the time of the infraction in evidence as proof that the owner rightfully received the ticket. This is barring evidence that the registered owner was not the person driving the vehicle at the time of the infraction.[2]
What if I wasn’t the one driving?
It is important to note that in subsection 2 it states that this presumption can be overcome. If you were not the one driving but received a ticket, presenting a written statement or testimony in court would provide enough evidence to prove that the traffic ticket was wrongly cited to you and thereby dismiss it.[3]
How will this new system work?
The addition of section 3 to RCW 46.63 adds a provision that applies to the use of speeding cameras in state highway work zones. The department of transportation will be the organization that procures, sets up, operates, and services the cameras, and sends out notices of infractions. The act states that by July 1, 2024, these new policies must be in place within the department of transportation and beginning that same day notices may be issued.[4]
Notices may only be issued if a speed camera captures a speeding offence while workers are present. Furthermore, any location that has these new speed cameras must be clearly marked to indicate that a driver is entering not only a work zone with lower speed limits, but also, one that is monitored by a speed camera. The act also suggests that “where feasible and constructive, radar speed feedback signs will be places in advance of the [camera].”[5]
What if I receive a ticket from this new system?
It is clearly defined in the act that speed violations that are ticketed through the camera system will not go on the registered owner’s driving record and will not result in an increase in insurance or points against your driver’s license.[6] In effect, they will act the same as a parking ticket. If you have prepaid legal insurance such as ARAG or MetLife, or even if you do not, you can contact a traffic defense lawyer such as Dan Samas.
Sources
[1] Staff, KOMO News. “New Washington State Law Requires Speed Cameras in Highway Work Zones.” KOMO. KOMO, April 7, 2023. https://komonews.com/news/local/speeding-traffic-safety-washington-state-department-transportation-governor-jay-inslee-collisions-worker-safety-speed-cameras.
[2] Senate Bill 5272 Sec 2 (1)
[3] Senate Bill 5272 Sec 2 (2)
[4] Senate Bill 5272 Sec 3 (3) (a)
[5] Senate Bill 5272 Sec 3 (4) (f)
[6] Senate Bill 5272 Sec 3 (4) (g)