wa-law.org > bill > 2025-26 > HB 1596 > Original Bill
It is the intent of the legislature to keep the public safe when on the road. Nationwide, 29 percent of all crash fatalities occurred in speed-related crashes in 2022. In 2023, more than 30 percent of fatal crashes involved speeding on Washington roads. Speeding continues to be a component of traffic deaths, and law enforcement is increasingly dealing with more speed-related incidents. The legislature finds that all Washington drivers are at risk when speeding is involved, and solutions to change public behavior are needed.
Additionally, according to the American motor vehicle administration, more than 70 percent of people with suspended licenses continue to drive during the suspension period. By leveraging technology to enable individuals to continue driving and prevent speeding, the legislature intends to enhance road safety to promote safer driving habits and keep the public safe.
"Excessive speeding" means traveling at 20 miles per hour or greater in excess of the posted speed limit.
"Intelligent speed assistance device" means a technical device designed to be installed within a motor vehicle to actively monitor and prevent the driver from exceeding a preset limit. "Intelligent speed assistance device" does not include any technology that is provided by the vehicle manufacturer as a component of a new motor vehicle and that controls or affects the speed of a motor vehicle.
"Intelligent speed restricted driver's license" means a driver's license issued under section 6 of this act.
A person is eligible to obtain an intelligent speed restricted driver's license under section 6 of this act if the person has had the person's driver's license suspended for any of the following reasons:
An accumulation of moving violations, under RCW 46.20.2892, and at least one of the violations was for excessive speeding; or
A conviction of reckless driving, under RCW 46.61.500, if the conviction was not a result of a reduced charge under RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, and the conviction included a finding that the person was guilty of racing under RCW 46.61.530.
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Any person licensed under this chapter or who has a valid driver's license from another state and who is eligible under section 5 of this act may submit to the department an application for an intelligent speed restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an intelligent speed restricted driver's license.
A person may apply for an intelligent speed restricted driver's license at any time after the person's license is suspended.
An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning intelligent speed assistance device has been installed on all vehicles operated by the person.
The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, unless otherwise permitted under section 7(4) of this act.
Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an intelligent speed restricted driver's license extends through the remaining portion of any concurrent or consecutive suspension that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
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Except as provided in (d)(ii) of this subsection, a person who is licensed under this section must operate a vehicle at or below the posted speed limit at all times.
A person may operate a vehicle in excess of the posted speed limit for no more than three occasions per month, as provided in section 8(3)(b) of this act.
An applicant for an intelligent speed restricted driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
Upon receipt of evidence that a holder of an intelligent speed restricted driver's license granted under this section no longer has a functioning intelligent speed assistance device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the intelligent speed restricted driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning intelligent speed assistance device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new intelligent speed restricted driver's license upon submittal of evidence that a functioning intelligent speed assistance device has been installed on all vehicles operated by the driver.
A person aggrieved by the decision of the department on the application for an intelligent speed restricted driver's license may request a hearing as provided by rule of the department.
The director shall cancel an intelligent speed restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose intelligent speed restricted driver's license has been canceled under this section may reapply for a new intelligent speed restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
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Unless costs are waived by the intelligent speed assistance device company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the intelligent speed assistance device and shall pay an additional fee of $21 per month. Payments shall be made directly to the intelligent speed assistance device company. The company shall remit the additional fee to the department, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee.
The department shall deposit the proceeds of the $21 fee into the intelligent speed assistance device revolving account created in section 11 of this act. Expenditures from the account may be used only to administer and operate the intelligent speed assistance device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
The department shall adopt rules to implement intelligent speed licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, intelligent speed assistance device companies, and any other organization or entity the department deems appropriate.
A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an intelligent speed restricted driver's license, may submit to the department an application for an intelligent speed restricted driver's license. The department may require the person to take any driver's licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver's license under RCW 46.20.391.
A person may drive only a motor vehicle equipped with a functioning intelligent speed assistance device as required for issuance of an intelligent speed restricted driver's license under section 6 of this act or under the applicable terms of probation under RCW 46.20.2892(1) or 46.61.500(4). The intelligent speed assistance device must be configured and programmed as provided in section 8(3) of this act.
The requirement to use the device under subsection (1) of this section with respect to an intelligent speed restricted driver's license remains in effect during the validity of any intelligent speed restricted driver's license that has been issued to the person.
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A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
The obligation under this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
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Except as provided in (b) of this subsection, the installation of an intelligent speed assistance device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
In addition to any other costs associated with the use of an intelligent speed assistance device imposed on the person restricted under this section, the person shall pay an additional fee of $21 per month. Payments must be made directly to the intelligent speed assistance device company. The company shall remit the additional fee to the department to be deposited into the intelligent speed assistance device revolving account under section 11 of this act, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.
For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an intelligent speed assistance device by an intelligent speed assistance device company authorized to do business in the jurisdiction or within a 75 mile radius of the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive the monthly fee required in subsection (5) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
The department may issue rules to implement this section.
To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, a person must apply to the department and meet the requirements as provided in this section.
An applicant seeking approval to install the device must submit a declaration to the department that the device is an intelligent speed assistance device as defined in section 3 of this act and, when installed in a vehicle, is configured and programmed as provided in subsection (3) of this section.
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An intelligent speed assistance device must employ a technology using a global positioning system and must be programmed to limit the velocity of a moving vehicle to the posted speed limit, except as provided in (b) of this subsection.
The intelligent speed assistance device must include an override function to allow the vehicle to exceed the speed limit on no more than three occasions in each calendar month. The use of the override function under this subsection is subject to the requirements and limitations of RCW 46.61.425.
To maintain eligibility under this section, a person must submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
The department may issue rules regarding the application process and eligibility under this section.
A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is guilty of a gross misdemeanor if the restricted driver:
Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.
A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device to circumvent the device or any components of the device, or otherwise interferes with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an intelligent speed assistance device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
When sentencing a person convicted of any criminal offense under this chapter or a violation of any other provision of law that constitutes a misdemeanor, gross misdemeanor, or felony, the court may impose, as a condition of probation, a requirement regarding the installation and use of a functioning intelligent speed assistance device installed on all motor vehicles operated by the person if the court finds that the person engaged in excessive speeding, as defined under section 2 of this act, during the commission of the offense.
The intelligent speed assistance device revolving account is created in the state treasury. All receipts from the fee assessed under section 6(6) of this act must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for administering and operating the intelligent speed assistance device revolving account program, implementing effective strategies to reduce motor vehicle-related deaths and serious injuries related to excessive speed.
The judicial officer in any felony, misdemeanor, or gross misdemeanor case may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to prevent interference with the administration of justice.
Appropriate conditions of release under this chapter include, but are not limited to, the following:
The defendant may be placed in the custody of a pretrial release program;
The defendant may have restrictions placed upon travel, association, or place of abode during the period of release;
The defendant may be required to comply with a specified curfew;
The defendant may be required to return to custody during specified hours or to be placed on electronic monitoring, as defined in RCW 9.94A.030, if available. The defendant, if convicted, may not have the period of incarceration reduced by the number of days spent on electronic monitoring;
The defendant may be required to comply with a program of home detention. For a felony offense, home detention is defined in RCW 9.94A.030;
The defendant may be prohibited from approaching or communicating in any manner with particular persons or classes of persons;
The defendant may be prohibited from going to certain geographical areas or premises;
The defendant may be prohibited from possessing any dangerous weapons or firearms;
The defendant may be prohibited from operating a motor vehicle that is not equipped with an ignition interlock device;
The defendant may be prohibited from operating a motor vehicle that is not equipped with an intelligent speed assistance device, as defined in section 3 of this act and configured and programmed as provided in section 8(3) of this act;
The defendant may be required to report regularly to and remain under the supervision of an officer of the court or other person or agency; and
The defendant may be prohibited from committing any violations of criminal law.
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Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, and subject to the requirements of (b) of this subsection, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
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When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
The department may not charge a reissue fee at the end of the term of suspension under this section.
For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
A person who is required to operate a motor vehicle with an intelligent speed assistance device under subsection (1) of this section remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation under subsection (1) of this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
No person may file an application for an occupational driver's license, a temporary restricted driver's license, an intelligent speed restricted driver's license as provided in section 6 of this act, or an ignition interlock driver's license as provided in RCW 46.20.391 and 46.20.385 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of $100, except as provided in subsection (2) of this section. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.
If a person is required to obtain both an intelligent speed restricted driver's license, as provided in section 6 of this act, and an ignition interlock driver's license, as provided in RCW 46.20.385, as a result of illegal conduct on a single occasion, a single application fee of $100 is required.
Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or reckless driving in which the person was also found guilty of racing under RCW 46.61.530, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
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(i) Except as provided in (a)(ii) of this subsection, a person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
Is undergoing substance abuse treatment or is participating in meetings of a 12-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
Is fulfilling court-ordered community service responsibilities;
Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than 14 days; and
The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first‑class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
Any person convicted for violation of any restriction of an occupational driver's license or a temporary restricted driver's license shall in addition to the cancellation of such license and any other penalties provided by law be fined not less than $50 nor more than $200 or imprisoned for not more than six months or both such fine and imprisonment.
It is a gross misdemeanor for a person to violate any restriction of an ignition interlock driver's license.
It is a gross misdemeanor for a person to violate any restriction of an intelligent speed restricted driver's license under section 6 of this act.
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Except as provided in subsection (4) of this section, violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to 364 days and by a fine of not more than $5,000.
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Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than 30 days.
When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident. In the case of a person whose day-for-day credit is for a period equal to or greater than the period of suspension required under this section, the department shall provide notice of full credit, shall provide for no further suspension under this section, and shall impose no additional reissue fees for this credit. During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.
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Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.
A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.
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Following the period of suspension under subsection (2) of this section imposed as a result of reckless driving in which the person was also found guilty of racing under RCW 46.61.530, the department must establish a period of probation for 150 days. During the period of probation, the person may not operate a vehicle upon which a properly functioning intelligent speed assistance device has not been installed.
The operation of a vehicle without such a properly functioning intelligent speed assistance device following the suspension as provided in (a) of this subsection is a traffic infraction.
Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension or revocation to run consecutively with any suspension already being served.
A person who is required to operate a motor vehicle with an intelligent speed assistance device under this subsection (4) remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
Sections 5 through 9 of this act apply to violations regarding a personal driver's license and do not apply to violations relating to the operation of a commercial motor vehicle under RCW 46.25.090.
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
Sections 5 through 9 and 18 of this act are each added to chapter 46.20 RCW.
Section 19 of this act expires July 1, 2028.
Sections 1 through 19 of this act take effect January 1, 2026.
Section 20 of this act takes effect July 1, 2028.