RCW 46.63.160
Toll collection systems -- Photo enforcement
systems.
(1) This section applies only to infractions issued
under RCW 46.61.690 for toll collection evasion.
(2) 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).
(3) Toll collection systems include manual cash collection,
electronic toll collection, and photo enforcement systems.
(4) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the
account of the toll patron the appropriate toll or charge by
electronic transmission from the motor vehicle to the toll
collection system, which information is used to charge the
appropriate toll or charge to the patron's account.
(5) "Photo enforcement system" means a vehicle sensor
installed to work in conjunction with an electronic toll
collection system that automatically produces one or more
photographs, one or more microphotographs, a videotape, or other
recorded images of a vehicle operated in violation of an
infraction under this chapter.
(6) The use of a toll collection system is subject to the
following requirements:
(a) The department of transportation shall adopt rules that
allow an open standard for automatic vehicle identification
transponders used for electronic toll collection to be compatible
with other electronic payment devices or transponders from the
Washington state ferry system, other public transportation
systems, or other toll collection systems to the extent that
technology permits. The rules must also allow for multiple
vendors providing electronic payment devices or transponders as
technology permits.
(b) The department of transportation may not sell,
distribute, or make available in any way, the names and addresses
of electronic toll collection system account holders.
(7) The use of a photo enforcement system for issuance of
notices of infraction is subject to the following requirements:
(a) Photo enforcement systems may take photographs, digital
photographs, microphotographs, videotapes, or other recorded
images of the vehicle and vehicle license plate only.
(b) A notice of infraction must be mailed to the registered
owner of the vehicle or to the renter of a vehicle within sixty
days of the violation. The law enforcement officer issuing the
notice of infraction shall include with it a certificate or
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape, or other recorded images produced by
a photo enforcement system, stating the facts supporting the
notice of infraction. This certificate or facsimile is prima
facie evidence of the facts contained in it and is admissible in
a proceeding charging a violation under this chapter. The
photographs, digital photographs, microphotographs, videotape, or
other recorded images evidencing the violation must be available
for inspection and admission into evidence in a proceeding to
adjudicate the liability for the infraction.
(c) Notwithstanding any other provision of law, all
photographs, digital photographs, microphotographs, videotape, or
other recorded images prepared under this chapter are for the
exclusive use of the tolling agency and law enforcement in the
discharge of duties under this section and are not open to the
public and may not be used in a court in a pending action or
proceeding unless the action or proceeding relates to a violation
under this chapter. No photograph, digital photograph,
microphotograph, videotape, or other recorded image may be used
for any purpose other than enforcement of violations under this
chapter nor retained longer than necessary to enforce this
chapter or verify that tolls are paid.
(d) All locations where a photo enforcement system is used
must be clearly marked by placing signs in locations that clearly
indicate to a driver that he or she is entering a zone where
traffic laws are enforced by a photo enforcement system.
(8) Infractions detected through the use of photo
enforcement systems are not part of the registered owner's
driving record under RCW 46.52.101 and 46.52.120. Additionally,
infractions generated by the use of photo enforcement systems
under this section shall be processed in the same manner as
parking infractions, including for the purposes of RCW 3.50.100,
35.20.220, 46.16A.120, and 46.20.270(3).
(9) The penalty for an infraction detected through the use
of a photo enforcement system shall be forty dollars plus an
additional toll penalty. The toll penalty is equal to three
times the cash toll for a standard passenger car during peak
hours. The toll penalty may not be reduced. The court shall
remit the toll penalty to the department of transportation or a
private entity under contract with the department of
transportation for deposit in the statewide account in which
tolls are deposited for the tolling facility at which the
violation occurred. If the driver is found not to have committed
an infraction under this section, the driver shall pay the toll
due at the time the photograph was taken, unless the toll has
already been paid.
(10) If the registered owner of the vehicle is a rental car
business the department of transportation or a law enforcement
agency shall, before a notice of infraction being issued under
this section, provide a written notice to the rental car business
that a notice of infraction may be issued to the rental car
business if the rental car business does not, within eighteen
days of the mailing of the written notice, provide to the issuing
agency by return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle
when the infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the
infraction occurred because the vehicle was stolen at the time of
the infraction. A statement provided under this subsection must
be accompanied by a copy of a filed police report regarding the
vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental
car business may pay the applicable toll and fee.
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.
[2010 c 161 § 1126; 2009 c 272 § 1. Prior: 2007 c 372 § 2; 2007 c 101 § 2; 2004 c 231 § 6.]
NOTES:
Effective date -- Intent -- Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session -- 2010 c 161: See notes following RCW 46.04.013.
Report to legislature -- 2009 c 272: "The department shall report to the transportation committees of the legislature by December 1, 2009, with recommendations regarding implementing a time period for the payment of tolls after crossing the Tacoma Narrows bridge in which individuals without a transponder could pay the toll due prior to the issuance of an infraction." [2009 c 272 § 2.]
RCW 46.63.160
Photo toll systems -- Civil penalties for
nonpayment of tolls -- System requirements -- Rules. (Contingent
effective date.)
(1) This section applies only to civil
penalties for nonpayment of tolls detected through use of photo
toll systems.
(2) 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).
(3) A notice of civil penalty may be issued by the
department of transportation when a toll is assessed through use
of a photo toll system and the toll is not paid by the toll
payment due date, which is eighty days from the date the vehicle
uses the toll facility and incurs the toll charge.
(4) Any registered owner or renter of a vehicle traveling
upon a toll facility operated under chapter 47.56 or 47.46 RCW is
subject to a civil penalty governed by the administrative
procedures set forth in this section when the vehicle incurs a
toll charge and the toll is not paid by the toll payment due
date, which is eighty days from the date the vehicle uses the
toll facility and incurs the toll charge.
(5) Consistent with chapter 34.05 RCW, the department of
transportation shall develop an administrative adjudication
process to review appeals of civil penalties issued by the
department of transportation for toll nonpayment detected through
the use of a photo toll system under this section.
(6) The use of a photo toll system is subject to the
following requirements:
(a) Photo toll systems may take photographs, digital
photographs, microphotographs, videotapes, or other recorded
images of the vehicle and vehicle license plate only.
(b) A notice of civil penalty must include with it a
certificate or facsimile thereof, based upon inspection of
photographs, microphotographs, videotape, or other recorded
images produced by a photo toll system, stating the facts
supporting the notice of civil penalty. This certificate or
facsimile is prima facie evidence of the facts contained in it
and is admissible in a proceeding established under subsection
(5) of this section. The photographs, digital photographs,
microphotographs, videotape, or other recorded images evidencing
the toll nonpayment civil penalty must be available for
inspection and admission into evidence in a proceeding to
adjudicate the liability for the civil penalty.
(c) Notwithstanding any other provision of law, all
photographs, digital photographs, microphotographs, videotape,
other recorded images, or other records identifying a specific
instance of travel prepared under this chapter are for the
exclusive use of the tolling agency for toll collection and
enforcement purposes and are not open to the public and may not
be used in a court in a pending action or proceeding unless the
action or proceeding relates to a civil penalty under this
chapter. No photograph, digital photograph, microphotograph,
videotape, other recorded image, or other record identifying a
specific instance of travel may be used for any purpose other
than toll collection or enforcement of civil penalties under this
section. Records identifying a specific instance of travel by a
specific person or vehicle must be retained only as required to
ensure payment and enforcement of tolls and to comply with state
records retention policies.
(d) All locations where a photo toll system is used must be
clearly marked by placing signs in locations that clearly
indicate to a driver that he or she is entering a zone where
tolls are assessed and enforced by a photo toll system.
(e) Within existing resources, the department of
transportation shall conduct education and outreach efforts at
least six months prior to activating an all-electronic photo toll
system. Methods of outreach shall include a department presence
at community meetings in the vicinity of a toll facility,
signage, and information published in local media. Information
provided shall include notice of when all electronic photo
tolling shall begin and methods of payment. Additionally, the
department shall provide quarterly reporting on education and
outreach efforts and other data related to the issuance of civil
penalties.
(7) Civil penalties for toll nonpayment detected through the
use of photo toll systems must be issued to the registered owner
of the vehicle identified by the photo toll system, but are not
part of the registered owner's driving record under RCW 46.52.101
and 46.52.120.
(8) The civil penalty for toll nonpayment detected through
the use of a photo toll system is forty dollars plus the photo
toll and associated fees.
(9) Except as provided otherwise in this subsection, all
civil penalties, including the photo toll and associated fees,
collected under this section must be deposited into the toll
facility account of the facility on which the toll was assessed.
However, through June 30, 2013, civil penalties deposited into
the Tacoma Narrows toll bridge account created under RCW 47.56.165 that are in excess of amounts necessary to support the
toll adjudication process applicable to toll collection on the
Tacoma Narrows bridge must first be allocated toward repayment of
operating loans and reserve payments provided to the account from
the motor vehicle account under section 1005(15), chapter 518,
Laws of 2007. Additionally, all civil penalties, resulting from
nonpayment of tolls on the state route number 520 corridor, shall
be deposited into the state route number 520 civil penalties
account created under section 4, chapter 248, Laws of 2010 but
only if chapter 248, Laws of 2010 is enacted by June 30, 2010.
(10) If the registered owner of the vehicle is a rental car
business, the department of transportation shall, before a toll
bill is issued, provide a written notice to the rental car
business that a toll bill may be issued to the rental car
business if the rental car business does not, within thirty days
of the mailing of the written notice, provide to the issuing
agency by return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle
when the toll was assessed; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the
toll was assessed because the vehicle was stolen at the time the
toll was assessed. A statement provided under this subsection
must be accompanied by a copy of a filed police report regarding
the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental
car business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing agency
relieves a rental car business of any liability under this
section for the payment of the toll.
(11) Consistent with chapter 34.05 RCW, the department of
transportation shall develop rules to implement this section.
(12) For the purposes of this section, "photo toll system"
means the system defined in RCW 47.56.010 and 47.46.020.
[2011 c 367 § 705; 2010 c 249 § 6; 2009 c 272 § 1. Prior: 2007 c 372 § 2; 2007 c 101 § 2; 2004 c 231 § 6.]
NOTES:
Contingent effective date -- 2011 c 367 §§ 705 and 722: "Sections 705 and 722 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 705 and 722 of this act are null and void." [2011 c 367 § 1104.]
Contingent effective date -- 2010 c 249: See note following RCW 47.56.795.
Report to legislature -- 2009 c 272: "The department shall report to the transportation committees of the legislature by December 1, 2009, with recommendations regarding implementing a time period for the payment of tolls after crossing the Tacoma Narrows bridge in which individuals without a transponder could pay the toll due prior to the issuance of an infraction." [2009 c 272 § 2.]