HB 1822

H-1356.2
  SUBSTITUTE HOUSE BILL 1822
State of Washington  69th Legislature       2025 Regular Session
By House Transportation (originally sponsored by Representatives Low,
Stearns, Berry, Walen, Fosse, Ramel, Barkis, Salahuddin, Richards,
and Zahn)
READ FIRST TIME 02/21/25.
1      AN ACT Relating to establishing a driver work zone and first
2  responder safety course requirement; amending RCW 46.20.075 and
3  46.63.200; adding a new section to chapter 46.20 RCW; and providing
4  an effective date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6     NEW SECTION.   Sec. 1.   A new section is added to chapter 46.20
7 RCW to read as follows:
8     (1) An applicant for a new driver's license under the age of 26
9 must pass an online course approved by the department on driver work
10 zone and first responder safety.
11     (2) The department may waive the requirement in subsection (1) of
12 this section if the department finds the online course is not
13 available at the time of application.
14     (3) The department is required to contract with a provider of an
15 online driver work zone and first responder safety course to host an
16 online course that satisfies the driver's license requirement under
17 this section to be made available at no cost to Washington residents
18 who are between the ages of 15 and 25.
19     (4) For the purposes of this section, "new driver's license"
20 means a driver's license issued to a driver who has not previously
21 been issued a driver's license in this state.
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1     Sec. 2.   RCW 46.20.075 and 2024 c 162 s 1 are each amended to
2 read as follows:
3     (1) An intermediate license authorizes the holder to drive a
4 motor vehicle under the conditions specified in this section. An
5 applicant for an intermediate license must be at least 16 years of
6 age and:
7     (a) Have possessed a valid instruction permit for a period of not
8 less than six months;
9     (b) Have passed a driver licensing examination administered by
10 the department;
11     (c) Have passed a course of driver's education in accordance with
12 the standards established in RCW 46.20.100;
13     (d) Have met the applicable driver work zone and first responder
14 safety course requirement under section 1 of this act;
15     (e) Present certification by his or her parent, guardian,
16 employer, or responsible adult to the department stating (i) that the
17 applicant has had at least 50 hours of driving experience, 10 of
18 which were at night, during which the driver was supervised by a
19 person at least 21 years of age who has had a valid driver's license
20 for at least three years, and (ii) that the applicant has not been
21 issued a notice of traffic infraction or cited for a traffic
22 violation that is pending at the time of the application for the
23 intermediate license;
24     (((e))) (f) Not have been convicted of or found to have committed
25 a traffic violation within the last six months before the application
26 for the intermediate license; and
27     (((f))) (g) Not have been adjudicated for an offense involving
28 the use of alcohol or drugs during the period the applicant held an
29 instruction permit.
30     (2) For the first six months after the issuance of an
31 intermediate license or until the holder reaches 18 years of age,
32 whichever occurs first, the holder of the license may not operate a
33 motor vehicle that is carrying any passengers under the age of 20 who
34 are not members of the holder's immediate family. For the remaining
35 period of the intermediate license, the holder may not operate a
36 motor vehicle that is carrying more than three passengers who are
37 under the age of 20 who are not members of the holder's immediate
38 family.
39     (3) The holder of an intermediate license may not operate a motor
40 vehicle between the hours of 1 a.m. and 5 a.m. except (a) when the
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1 holder is accompanied by a licensed driver who is at least 25 years
2 of age, or (b) for school, religious, or employment activities for
3 the holder or a member of the holder's immediate family as defined in
4 this section.
5     (4) The holder of an intermediate license may not operate a
6 moving motor vehicle while using a wireless communications device
7 unless the holder is using the device to report illegal activity,
8 summon medical or other emergency help, or prevent injury to a person
9 or property.
10     (5) It is a traffic infraction for the holder of an intermediate
11 license to operate a motor vehicle in violation of the restrictions
12 imposed under this section.
13     (6) Except for a violation of subsection (4) of this section,
14 enforcement of this section by law enforcement officers may be
15 accomplished only as a secondary action when a driver of a motor
16 vehicle has been detained for a suspected violation of this title or
17 an equivalent local ordinance or some other offense.
18     (7) An intermediate licensee may drive at any hour without
19 restrictions on the number of passengers in the vehicle if necessary
20 for agricultural purposes.
21     (8) An intermediate licensee may drive at any hour without
22 restrictions on the number of passengers in the vehicle if, for the
23 12-month period following the issuance of the intermediate license,
24 he or she:
25     (a) Has not been involved in an accident involving only one motor
26 vehicle;
27     (b) Has not been involved in an accident where he or she was
28 cited in connection with the accident or was found to have caused the
29 accident;
30     (c) Has not been involved in an accident where no one was cited
31 or was found to have caused the accident; and
32     (d) Has not been convicted of or found to have committed a
33 traffic offense described in chapter 46.61 RCW or violated
34 restrictions placed on an intermediate licensee under this section.
35     (9) For the purposes of this section, the following definitions
36 apply:
37     (a) "Immediate family" means an individual's spouse or domestic
38 partner,   child,    stepchild,   grandchild,   parent,    stepparent,
39 grandparent, brother, half-brother, sister, or half-sister of the
40 individual, including foster children living in the household, and
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1 the spouse or the domestic partner of any such person, and a child,
2 stepchild, grandchild, parent, stepparent, grandparent, brother,
3 half-brother, sister, or half-sister of the individual's spouse or
4 domestic partner, and the spouse or the domestic partner of any such
5 person.
6     (b) "Responsible adult" means a person specifically authorized by
7 the department who is over the age of 21 and:
8     (i) Has a familial, kinship, or caretaker relationship to a
9 minor;
10     (ii) Is an educational, medical, legal, social service, or
11 Washington state licensed mental health professional who provides
12 support directly to a minor in a professional capacity; or
13     (iii) Is an employee of a government entity and provides support
14 to a minor in a professional capacity.
15     Sec. 3.   RCW 46.63.200 and 2024 c 308 s 4 are each amended to
16 read as follows:
17     (1) This section applies to the use of speed safety camera
18 systems in state highway work zones.
19     (2) Nothing in this section prohibits a law enforcement officer
20 from issuing a notice of infraction to a person in control of a
21 vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
22 (b), or (c).
23     (3)(a) The department of transportation is responsible for all
24 actions related to the operation and administration of speed safety
25 camera systems in state highway work zones including, but not limited
26 to, the procurement and administration of contracts necessary for the
27 implementation of speed safety camera systems, the mailing of notices
28 of infraction, and the development and maintenance of a public-facing
29 website for the purpose of educating the traveling public about the
30 use of speed safety camera systems in state highway work zones. Prior
31 to the use of a speed safety camera system to capture a violation
32 established in this section for enforcement purposes, the department
33 of transportation, in consultation with the Washington state patrol,
34 department   of   licensing,  office   of   administrative   hearings,
35 Washington traffic safety commission, and other organizations
36 committed to protecting civil rights, must adopt rules addressing
37 such actions and take all necessary steps to implement this section.
38     (b) The Washington state patrol is responsible for all actions
39 related to the enforcement and adjudication of speed violations under
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1 this section including, but not limited to, notice of infraction
2 verification and issuance authorization, and determining which types
3 of emergency vehicles are exempt from being issued notices of
4 infraction under this section. Prior to the use of a speed safety
5 camera system to capture a violation established in this section for
6 enforcement purposes, the Washington state patrol, in consultation
7 with the department of transportation, department of licensing,
8 office   of  administrative   hearings,   Washington  traffic  safety
9 commission, and other organizations committed to protecting civil
10 rights, must adopt rules addressing such actions and take all
11 necessary steps to implement this section.
12     (c) When establishing rules under this subsection (3), the
13 department of transportation and the Washington state patrol may also
14 consult with other public and private agencies that have an interest
15 in the use of speed safety camera systems in state highway work
16 zones.
17     (4)(a) No person may drive a vehicle in a state highway work zone
18 at a speed greater than that allowed by traffic control devices.
19     (b) A notice of infraction may only be issued under this section
20 if a speed safety camera system captures a speed violation in a state
21 highway work zone when workers are present.
22     (5) The penalty for a speed safety camera system violation is:
23 (a) $0 for the first violation; and (b) $248 for the second
24 violation, and for each violation thereafter.
25     (6) During the 30-day period after the first speed safety camera
26 system is put in place, the department is required to conduct a
27 public awareness campaign to inform the public of the use of speed
28 safety camera systems in state highway work zones.
29     (7)(a) A notice of infraction issued under this section may be
30 mailed to the registered owner of the vehicle within 30 days of the
31 violation, or to the renter of a vehicle within 30 days of
32 establishing the renter's name and address. The law enforcement
33 officer issuing the notice of infraction shall include with it a
34 certificate   or  facsimile   thereof,   based  upon   inspection  of
35 photographs, microphotographs, or electronic images produced by a
36 speed safety camera stating the facts supporting the notice of
37 infraction. This certificate or facsimile is prima facie evidence of
38 the facts contained in it and is admissible in a proceeding charging
39 a violation under this section. The photographs, microphotographs, or
40 electronic images evidencing the violation must be available for
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1 inspection and admission into evidence in a proceeding to adjudicate
2 the liability for the violation.
3     (b) A notice of infraction represents a determination that an
4 infraction has been committed, and the determination will be final
5 unless contested as provided under this section.
6     (c) A person receiving a notice of infraction based on evidence
7 detected by a speed safety camera system must, within 30 days of
8 receiving the notice of infraction: (i) Except for a first violation
9 under subsection (5)(a) of this section, remit payment in the amount
10 of the penalty assessed for the violation; (ii) contest the
11 determination   that  the   infraction  occurred by   following  the
12 instructions on the notice of infraction; or (iii) admit to the
13 infraction but request a hearing to explain mitigating circumstances
14 surrounding the infraction.
15     (d) If a person fails to respond to a notice of infraction, a
16 final order shall be entered finding that the person committed the
17 infraction and assessing monetary penalties required under subsection
18 (5)(b) of this section.
19     (e) If a person contests the determination that the infraction
20 occurred or requests a mitigation hearing, the notice of infraction
21 shall be referred to the office of administrative hearings for
22 adjudication consistent with chapter 34.05 RCW.
23     (f) At a hearing to contest an infraction, the agency issuing the
24 infraction has the burden of proving, by a preponderance of the
25 evidence, that the infraction was committed.
26     (g) A person may request a payment plan at any time for the
27 payment of any penalty or other monetary obligation associated with
28 an infraction under this section. The agency issuing the infraction
29 shall provide information about how to submit evidence of inability
30 to pay, how to obtain a payment plan, and that failure to pay or
31 enter into a payment plan may result in collection action or
32 nonrenewal of the vehicle registration. The office of administrative
33 hearings may authorize a payment plan if it determines that a person
34 is not able to pay the monetary obligation, and it may modify a
35 payment plan at any time.
36     (8)(a) Speed safety camera systems may only take photographs,
37 microphotographs, or electronic images of the vehicle and vehicle
38 license plate and only while a speed violation is occurring. The
39 photograph, microphotograph, or electronic image must not reveal the
40 face of the driver or any passengers in the vehicle. The department
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1 of transportation shall consider installing speed safety camera
2 systems in a manner that minimizes the impact of camera flash on
3 drivers.
4     (b) The registered owner of a vehicle is responsible for a
5 traffic infraction under RCW 46.63.030 unless the registered owner
6 overcomes the presumption in RCW 46.63.075 or, in the case of a
7 rental car business, satisfies the conditions under (f) of this
8 subsection. If appropriate under the circumstances, a renter
9 identified under (f)(i) of this subsection is responsible for the
10 traffic infraction.
11     (c) Notwithstanding any other provision of law, all photographs,
12 microphotographs, or electronic images, or any other personally
13 identifying data prepared under this section are for the exclusive
14 use of the Washington state patrol and department of transportation
15 in the discharge of duties under this section and are not open to the
16 public and may not be used in court in a pending action or proceeding
17 unless the action or proceeding relates to a speed violation under
18 this section. This data may be used in administrative appeal
19 proceedings relative to a violation under this section.
20     (d) All locations where speed safety camera systems are used must
21 be clearly marked before activation of the camera system by placing
22 signs in locations that clearly indicate to a driver that they are
23 entering a state highway work zone where posted speed limits are
24 monitored by a speed safety camera system. Additionally, where
25 feasible and constructive, radar speed feedback signs will be placed
26 in advance of the speed safety camera system to assist drivers in
27 complying with posted speed limits. Signs placed in these locations
28 must follow the specifications and guidelines under the manual of
29 uniform traffic control devices for streets and highways as adopted
30 by the department of transportation under chapter 47.36 RCW.
31     (e) Imposition of a penalty for a speed violation detected
32 through the use of speed safety camera systems shall not be deemed a
33 conviction as defined in RCW 46.25.010, and shall not be part of the
34 registered owner's driving record under RCW 46.52.101 and 46.52.120.
35 Additionally, infractions generated by the use of speed safety camera
36 systems under this section shall be processed in the same manner as
37 parking infractions, including for the purposes of RCW 46.16A.120 and
38 46.20.270(2).
39     (f) If the registered owner of the vehicle is a rental car
40 business, the department of transportation shall, before a notice of
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1 infraction may be issued under this section, provide a written notice
2 to the rental car business that a notice of infraction may be issued
3 to the rental car business if the rental car business does not,
4 within 30 days of receiving the written notice, provide to the
5 issuing agency by return mail:
6     (i)(A) A statement under oath stating the name and known mailing
7 address of the individual driving or renting the vehicle when the
8 speed violation occurred;
9     (B) A statement under oath that the business is unable to
10 determine who was driving or renting the vehicle at the time the
11 speed violation occurred because the vehicle was stolen at the time
12 of the violation. A statement provided under this subsection
13 (8)(f)(i)(B) must be accompanied by a copy of a filed police report
14 regarding the vehicle theft; or
15     (C) In lieu of identifying the vehicle operator, payment of the
16 applicable penalty.
17     (ii) Timely mailing of a statement to the department of
18 transportation relieves a rental car business of any liability under
19 this chapter for the notice of infraction.
20     (9) Revenue generated from the deployment of speed safety camera
21 systems must be deposited into the highway safety fund and first used
22 exclusively for the operating and administrative costs under this
23 section. The operation of speed safety camera systems is intended to
24 increase safety in state highway work zones by changing driver
25 behavior. Consequently, any revenue generated that exceeds the
26 operating and administrative costs under this section must be
27 distributed for the purpose of traffic safety including, but not
28 limited to, driver training education, including to fund the online
29 work zone and first responder safety course required under section 1
30 of this act, and local DUI emphasis patrols.
31     (10)   The    Washington   state   patrol   and   department   of
32 transportation, in collaboration with the Washington traffic safety
33 commission, must report to the transportation committees of the
34 legislature by July 1, 2025, and biennially thereafter, on the data
35 and efficacy of speed safety camera system use in state highway work
36 zones. The final report due on July 1, 2029, must include a
37 recommendation on whether or not to continue such speed safety camera
38 system use beyond June 30, 2030.
39     (11) For the purposes of this section:
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1     (a) "Speed safety camera system" means employing the use of speed
2 measuring devices and cameras synchronized to automatically record
3 one or more sequenced photographs, microphotographs, or other
4 electronic images of a motor vehicle that exceeds a posted state
5 highway work zone speed limit as detected by the speed measuring
6 devices.
7     (b) "State highway work zone" means an area of any highway with
8 construction, maintenance, utility work, or incident response
9 activities authorized by the department of transportation. A state
10 highway work zone is identified by the placement of temporary traffic
11 control devices that may include signs, channelizing devices,
12 barriers, pavement markings, and/or work vehicles with warning
13 lights. It extends from the first warning sign or high intensity
14 rotating, flashing, oscillating, or strobe lights on a vehicle to the
15 end road work sign or the last temporary traffic control device or
16 vehicle.
17     (12) This section expires June 30, 2030.
18    NEW SECTION.   Sec. 4.   This act takes effect May 1, 2026.
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