wa-law.org > bill > 2025-26 > HB 1878 > Original Bill
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To obtain an initial driver's license under this section, the following persons must, in addition to other skills and examination requirements as prescribed by the department, satisfactorily complete a driver training education course as defined in RCW 28A.220.020, a driver training education course as defined by the department and offered by a driver training school licensed under chapter 46.82 RCW, or an online, self-paced driver training education course as defined by the department:
A person at least 18 years of age but under 19 years of age, beginning January 1, 2027;
A person at least 18 years of age but under 20 years of age, beginning January 1, 2028;
A person at least 18 years of age but under 21 years of age, beginning January 1, 2029;
A person at least 18 years of age but under 22 years of age, beginning January 1, 2030;
A person at least 18 years of age but under 23 years of age, beginning January 1, 2031;
A person at least 18 years of age but under 24 years of age, beginning January 1, 2032; and
A person at least 18 years of age but under 25 years of age, beginning January 1, 2033.
The course offered by a school district or an approved private school must be part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW. The course offered by a driver training school must meet the standards established by the department under chapter 46.82 RCW. A school district, approved private school, or driver training school may offer the behind-the-wheel instruction portion for up to four hours in a single day, and is encouraged to do so in cases where students must travel long distances to take the course.
An online, self-paced driver training education course must meet the standards established by the department under chapter 46.82 RCW. Any person 18 through 21 years of age who satisfactorily completes an online, self-paced driver training education course as defined by the department must also complete at least six hours of behind-the-wheel instruction as defined in chapter 46.82 or 28A.220 RCW. Any person 22 through 24 years of age who satisfactorily completes an online, self-paced driver training education course as defined by the department must also complete at least three hours of behind-the-wheel instruction as defined in chapter 46.82 or 28A.220 RCW.
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As an alternative to subsection (1) of this section, to obtain a driver's license under this section, the following persons must, in addition to other skills and examination requirements as prescribed by the department, satisfactorily complete a condensed traffic safety education course as defined in RCW 28A.220.020 for a course offered by a school district or approved private school or a condensed traffic safety education course as defined by the department and offered by a driver training school licensed under chapter 46.82 RCW:
A person at least 22 years of age but under 23 years of age, beginning January 1, 2031;
A person at least 22 years of age but under 24 years of age, beginning January 1, 2032; and
A person at least 22 years of age but under 25 years of age, beginning January 1, 2033.
The course offered by a school district or an approved private school must be part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW. The course offered by a driver training school must meet the standards established by the department under chapter 46.82 RCW.
To meet the traffic safety education requirement for a motorcycle endorsement under this section, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department.
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The department may waive the driver training education course requirement for a driver's license under subsection (1) or (2) of this section if the applicant demonstrates to the department's satisfaction that:
The applicant was unable to take or complete a driver training education course;
A need exists for the applicant to operate a motor vehicle; and
The applicant has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (4) in coordination with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
The department may waive the driver training education course requirement if the applicant was licensed to drive a motor vehicle or motorcycle from a reciprocal jurisdiction outside this state or provides proof that they have had education, from a reciprocal jurisdiction, equivalent to that required under this section.
Beginning by January 1, 2026, and annually thereafter until January 1, 2031, the department must report on the implementation of the driver's education requirement under this section, including the readiness of the driver education school system to accommodate additional growth, to the transportation committees of the legislature. No earlier than January 1, 2031, the department may, by rule, pause or delay the requirements under subsection (1) of this section if, upon an internal review, the department finds that there is an insufficient number of driver education and traffic safety education courses or instructors available for the pending age cohort under subsection (1) of this section.
. The application of a person under the age of 18 years for a driver's license or a motorcycle endorsement must be signed by a parent, guardian, employer, or responsible adult as defined in RCW 46.20.075.
. For a person under the age of 18 years to obtain a driver's license, the person must meet the traffic safety education requirements of this subsection.
To meet the traffic safety education requirement for a driver's license, the applicant must satisfactorily complete a driver training education course as defined in RCW 28A.220.020 for a course offered by a school district or approved private school, a driver training education course as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW, or, beginning January 1, 2027, an online, self-paced driver training education course as defined by the department. The course offered by a school district or an approved private school must be part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW. The course offered by a driver training school and the online, self-paced driver training education course must meet the standards established by the department of licensing under chapter 46.82 RCW. A school district, approved private school, or driver training school may offer the behind-the-wheel instruction portion for up to four hours in a single day, and is encouraged to do so in cases where students must travel long distances to take the course. The driver training education course may be provided by:
A secondary school within a school district or approved private school that establishes and maintains an approved and certified traffic safety education program under chapter 28A.220 RCW; or
A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing.
A person who satisfactorily completes an online, self-paced driver training education course under (a) of this subsection must complete at least six hours of behind-the-wheel instruction as defined in chapter 46.82 or 28A.220 RCW.
To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
The department may waive the driver training education course requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
The applicant was unable to take or complete a driver training education course;
A need exists for the applicant to operate a motor vehicle; and
The applicant has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property. The department may adopt rules to implement this subsection (2)(d) in collaboration with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
The department may waive the driver training education course requirement if the applicant was licensed to drive a motor vehicle or motorcycle from a reciprocal jurisdiction outside this state or provides proof that he or she has had education equivalent, from a reciprocal jurisdiction, to that required under this subsection.
Except as provided in subsection (4) or (5) of this section, every driver's license expires on the eighth anniversary of the licensee's birthdate following the issuance of the license.
A person may renew a license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of $72. This fee includes the fee for the required photograph.
A person renewing a driver's license more than 60 days after the license has expired shall pay a penalty fee of $10 in addition to the renewal fee, unless the license expired when:
The person was outside the state and the licensee renews the license within 60 days after returning to this state; or
The person was incapacitated and the licensee renews the license within 60 days after the termination of the incapacity.
The department may issue or renew a driver's license for a period other than eight years, or may extend by mail or electronic commerce a license that has already been issued. The fee for a driver's license issued or renewed for a period other than eight years, or that has been extended by mail or electronic commerce, is nine dollars for each year that the license is issued, renewed, or extended. The department must offer the option to issue or renew a driver's license for six years in addition to the eight year issuance. The department may adopt any rules as are necessary to carry out this subsection.
A driver's license that includes a hazardous materials endorsement under chapter 46.25 RCW may expire on an anniversary of the licensee's birthdate other than the eighth year following issuance or renewal of the license in order to match, as nearly as possible, the validity of certification from the federal transportation security administration that the licensee has been determined not to pose a security risk. The fee for a driver's license issued or renewed for a period other than eight years is $9 for each year that the license is issued or renewed, not including any endorsement fees. The department may adjust the expiration date of a driver's license that has previously been issued to conform to the provisions of this subsection if a hazardous materials endorsement is added to the license subsequent to its issuance. If the validity of the driver's license is extended, the licensee must pay a fee of $9 for each year that the license is extended.
The department may require any person who has obtained a driver's license pursuant to section 1 of this act to complete a driver education refresher course, as determined by the department in rule, at the time of the person's first driver's license renewal pursuant to this section. For purposes of this subsection, "refresher course" includes, but is not limited to, a focus on driver risk management and hazard perception.
The department may adopt any rules as are necessary to carry out this section.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the required curriculum. Behind-the-wheel instruction is characterized by driving experience.
"Classroom" means a space dedicated to and used exclusively by a driver training instructor for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.
"Classroom instruction" means that portion of a traffic safety education course that is characterized by in-person classroom‑based student instruction or virtual classroom-based student instruction with a live instructor using the required curriculum conducted by or under the direct supervision of a licensed instructor or licensed instructors. Classroom instruction may include self-paced, online components as authorized and certified by the department of licensing.
"Condensed traffic safety education course" means a course of instruction in traffic safety education, intended for novice drivers between 22 and 25 years of age, approved and licensed by the department that consists of at least eight hours of classroom instruction and three hours of behind-the-wheel instruction that follows the approved curriculum as determined in rule.
"Director" means the director of the department of licensing of the state of Washington.
"Driver training education course" means a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of classroom and behind-the-wheel instruction that follows the approved curriculum.
"Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
"Enrollment" means the collecting of a fee or the signing of a contract for a driver training education course. "Enrollment" does not include the collecting of names and contact information for enrolling students once a driver training school is licensed to instruct.
"Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:
Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;
Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;
Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;
Issuing a driver training course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.
"Instructor" means any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile.
"Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
"Person" means any individual, firm, corporation, partnership, or association.
"Place of business" means a designated location at which the business of a driver training school is transacted or its records are kept.
"Student" means any person enrolled in an approved driver training course.
"Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:
Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;
Directly or indirectly profiting from or assuming liability for debts of a driver training school;
Is an officer or director of a driver training school;
Owning 10 percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;
Furnishing 10 percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or
Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Subject to the availability of amounts appropriated in the omnibus transportation appropriations act for this specific purpose, the department must establish a program to expand education opportunities for driver training school instructors, specifically certification training programs.
As part of the program, the department must:
Implement a comprehensive traffic safety education program to train driver training school instructors;
Establish mentorship programs and offer specialized grant programs or financial incentives to encourage diversity within the driver training school industry;
Collaborate with the office of the superintendent of public instruction to align instructor requirements under the department and office of the superintendent of public instruction rules to streamline the process of obtaining a driver training school instructor certification; and
Facilitate partnerships between private driver training schools and high schools, vocational-technical schools, colleges, or universities to enable private driver training school instructors to teach driver training education courses in school facilities. Such courses are not eligible for school credit.
The department must submit an annual report to the appropriate committees of the legislature every July 1st, beginning July 1, 2026, detailing program activities. The report due July 1, 2030, must also provide a programmatic and funding needs assessment and any recommendations to support the program.
Beginning January 1, 2027, and subject to the availability of funds appropriated in the omnibus transportation appropriations act for this specific purpose, the department must establish a program to provide vouchers to cover the average cost of driver training education courses for novice drivers who reside in low-income households, with the goal of assisting as many people as possible with the greatest need, measured both by income and mobility needs otherwise unserved, to access driver training education.
In consultation with the Washington traffic safety commission, the department shall adopt rules establishing eligibility criteria and application and award procedures, and any other necessary rules, for implementing this section.
An applicant who has previously received financial support to complete a driver training program under RCW 74.13.338(2)(b) or 49.04.290 is deemed ineligible for a voucher under this section.
A driver training school may not inflate driver training education course costs or fees to offset any voucher amounts provided by school applicants. The department may evaluate such course pricing to determine if costs or fees have been inflated for this purpose.
By December 1, 2025, the department, in consultation with the Washington traffic safety commission and the department of social and health services, shall provide to the appropriate committees of the legislature a policy framework and guidelines for the voucher program, to include the following considerations:
Targeted demographics, including individuals or families who are cost burdened or eligible to receive funds under economic and community services programs;
Consideration of the need for a vehicle by geography, taking into account mobility needs and other mobility options available in a community;
An approach to reach young adults over the age of 18, especially for those enrolled in community or technical colleges; and
Recommended voucher funding levels for projected or anticipated eligible individuals.
Beginning January 1, 2028, the department shall annually report to the transportation committees of the legislature the following:
The income criteria used to determine voucher awards for driver training education courses;
The number of applicants for driver training education vouchers annually by county;
The number of vouchers awarded annually by county;
The number of vouchers redeemed annually by county;
The dollar amount of vouchers redeemed annually by county;
The community average income of voucher recipients during the reporting period; and
The number of eligible applicants who did not receive or could not use a voucher.
This section does not create an entitlement to receive voucher program funds.
For the purposes of this section, "novice driver" means a person who has not previously obtained a license to drive a motor vehicle.
Any recipient income data collected by the department of licensing as part of the driver training education course voucher program established under section 7 of this act is exempt from disclosure under this chapter.
Beginning July 1, 2026, and subject to the availability of funds appropriated in the omnibus transportation appropriations act for this specific purpose, the department must establish a program to partner with tribal governments to provide young driver education and training in tribal communities.
By January 1, 2026, the department must provide to the appropriate committees of the legislature an implementation plan for the program. On a biennial basis beginning July 1, 2027, the department must report to the appropriate committees of the legislature on program activities.
An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department must ensure that examinations are given at places and times reasonably available to the people of this state. If the department does not administer driver licensing examinations as a routine part of its licensing services within a department region because adequate testing sites are provided by driver training schools or school districts within that region, the department shall, at a minimum, administer driver licensing examinations by appointment to applicants 18 years of age and older in at least one licensing office within that region.
. The department may waive:
All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
All or any part of the examination involving operating a motor vehicle if the applicant:
Surrenders a valid driver's license issued by the person's previous home state; or
Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and
Is otherwise qualified to be licensed.
. Prior to January 1, 2026, each applicant for a new license must pay an examination fee of $35. On or after January 1, 2026, each applicant for a new license must pay an examination fee of $50.
The examination fee is in addition to the fee charged for issuance of the license.
"New license" means a license issued to a driver:
Who has not been previously licensed in this state; or
Whose last previous Washington license has been expired for more than eight years.
An application for driver's license renewal may be submitted by means of:
Personal appearance before the department;
Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew the license by mail or by electronic commerce when it last expired; or
From January 1, 2022, to June 30, 2024, electronic commerce, if permitted by rule of the department.
A person whose license expired or will expire while the licensee is living outside the state, may:
Apply to the department to extend the validity of the license for no more than 12 months. If the person establishes to the department's satisfaction that the licensee is unable to return to Washington before the date the license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed 12 months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of $5 for each license extension;
Apply to the department to renew the license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that the licensee is unable to return to Washington within 12 months of the date that the license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.
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If a qualified person submits an application for renewal under subsection (3)(b) or (c) or (4)(b) of this section, the applicant is not required to pass an examination and only needs to provide an updated photograph:
At least every 16 years, except that persons under 30 must provide an updated photograph every eight years; and
Beginning January 1, 2023, persons renewing through electronic commerce must provide an updated photograph in a form and manner approved by the department with each renewal unless they are unable to provide a photograph that meets the department's requirements and the most recent photograph on file with the department is not more than 10 years old at the time of renewal.
A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."
Driver training schools licensed by the department under chapter 46.82 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.
School districts that offer a traffic safety education program under chapter 28A.220 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.
. The department may issue a driver's instruction permit online or in person with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid an application fee of $25 prior to January 1, 2026, and $35 on or after January 1, 2026, and meets the following requirements:
Is at least 15.5 years of age; or
Is at least 15 years of age and:
Has submitted a proper application; and
Is enrolled in a driver training education course offered as part of a traffic safety education program authorized by the office of the superintendent of public instruction and certified under chapter 28A.220 RCW or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.
. The department may waive the written examination, if, at the time of application, an applicant is enrolled in a driver training education course or condensed traffic safety education course as defined in RCW 46.82.280 or 28A.220.020.
The department may require proof of registration in such a course as it deems necessary.
. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
The person has immediate possession of the permit;
The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and
A driver training education course instructor who meets the qualifications of chapter 46.82 or 28A.220 RCW, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
. A driver's instruction permit is valid for one year from the date of issue.
The department may issue one additional one-year permit.
The department may issue a third driver's instruction permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
A person applying for an additional instruction permit must submit the application to the department and pay an application fee of $25 for each issuance.
Except as provided in subsections (2) through (4) of this section, the department must forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who must deposit such moneys to the credit of the highway safety fund.
Fifty-six percent of each fee collected by the department under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) must be deposited in the impaired driving safety account.
Fifty percent of the revenue from the fees imposed under RCW 46.20.200(2) must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
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Beginning January 1, 2026, $15 of the driver's examination fee imposed under RCW 46.20.120(2) must be deposited into the driver education safety improvement account created in section 16 of this act.
Beginning January 1, 2026, $10 of the driver's instruction permit application fee imposed under RCW 46.20.055(1) must be deposited into the driver education safety improvement account created in section 16 of this act.
A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a 75 cent license service fee in addition to any other fees and taxes required by law. Except as provided in subsection (3) of this section, the license service fee must be distributed under RCW 46.68.220.
A vehicle registered under RCW 46.16A.455 or 46.17.330 is not subject to the license service fee, except for a vehicle subject to the fee under RCW 46.17.355.
(a) Two-thirds of the revenue generated from subsection (2) of this section must be deposited in the move ahead WA account created in RCW 46.68.510.
The department of licensing services account is created in the motor vehicle fund. Except as provided in RCW 46.17.025, all receipts from service fees received under RCW 46.17.025 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for:
Information and service delivery systems for the department;
Reimbursement of county licensing activities; and
County auditor or other agent and subagent support including, but not limited to, the replacement of department-owned equipment in the possession of county auditors or other agents and subagents appointed by the director.
This section applies to the use of speed safety camera systems in state highway work zones.
Nothing in this section prohibits a law enforcement officer from issuing a notice of 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).
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The department of transportation is responsible for all actions related to the operation and administration of speed safety camera systems in state highway work zones including, but not limited to, the procurement and administration of contracts necessary for the implementation of speed safety camera systems, the mailing of notices of infraction, and the development and maintenance of a public-facing website for the purpose of educating the traveling public about the use of speed safety camera systems in state highway work zones. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the department of transportation, in consultation with the Washington state patrol, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
The Washington state patrol is responsible for all actions related to the enforcement and adjudication of speed violations under this section including, but not limited to, notice of infraction verification and issuance authorization, and determining which types of emergency vehicles are exempt from being issued notices of infraction under this section. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the Washington state patrol, in consultation with the department of transportation, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
When establishing rules under this subsection (3), the department of transportation and the Washington state patrol may also consult with other public and private agencies that have an interest in the use of speed safety camera systems in state highway work zones.
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No person may drive a vehicle in a state highway work zone at a speed greater than that allowed by traffic control devices.
A notice of infraction may only be issued under this section if a speed safety camera system captures a speed violation in a state highway work zone when workers are present.
The penalty for a speed safety camera system violation is: (a) $0 for the first violation; and (b) $248 for the second violation, and for each violation thereafter.
During the 30-day period after the first speed safety camera system is put in place, the department is required to conduct a public awareness campaign to inform the public of the use of speed safety camera systems in state highway work zones.
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A notice of infraction issued under this section may be mailed to the registered owner of the vehicle within 30 days of the violation, or to the renter of a vehicle within 30 days of establishing the renter's name and address. 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 a speed safety camera 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 section. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the violation.
A notice of infraction represents a determination that an infraction has been committed, and the determination will be final unless contested as provided under this section.
A person receiving a notice of infraction based on evidence detected by a speed safety camera system must, within 30 days of receiving the notice of infraction: (i) Except for a first violation under subsection (5)(a) of this section, remit payment in the amount of the penalty assessed for the violation; (ii) contest the determination that the infraction occurred by following the instructions on the notice of infraction; or (iii) admit to the infraction but request a hearing to explain mitigating circumstances surrounding the infraction.
If a person fails to respond to a notice of infraction, a final order shall be entered finding that the person committed the infraction and assessing monetary penalties required under subsection (5)(b) of this section.
If a person contests the determination that the infraction occurred or requests a mitigation hearing, the notice of infraction shall be referred to the office of administrative hearings for adjudication consistent with chapter 34.05 RCW.
At a hearing to contest an infraction, the agency issuing the infraction has the burden of proving, by a preponderance of the evidence, that the infraction was committed.
A person may request a payment plan at any time for the payment of any penalty or other monetary obligation associated with an infraction under this section. The agency issuing the infraction shall provide information about how to submit evidence of inability to pay, how to obtain a payment plan, and that failure to pay or enter into a payment plan may result in collection action or nonrenewal of the vehicle registration. The office of administrative hearings may authorize a payment plan if it determines that a person is not able to pay the monetary obligation, and it may modify a payment plan at any time.
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Speed safety camera systems may only take photographs, microphotographs, or electronic images of the vehicle and vehicle license plate and only while a speed violation is occurring. The photograph, microphotograph, or electronic image must not reveal the face of the driver or any passengers in the vehicle. The department of transportation shall consider installing speed safety camera systems in a manner that minimizes the impact of camera flash on drivers.
The registered owner of a vehicle is responsible for a traffic infraction under RCW 46.63.030 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 (f) of this subsection. If appropriate under the circumstances, a renter identified under (f)(i) of this subsection is responsible for the traffic infraction.
Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of the Washington state patrol and department of transportation in the discharge of duties under this section and are not open to the public and may not be used in court in a pending action or proceeding unless the action or proceeding relates to a speed violation under this section. This data may be used in administrative appeal proceedings relative to a violation under this section.
All locations where speed safety camera systems are used must be clearly marked before activation of the camera system by placing signs in locations that clearly indicate to a driver that they are entering a state highway work zone where posted speed limits are monitored by a speed safety camera system. Additionally, where feasible and constructive, radar speed feedback signs will be placed in advance of the speed safety camera system to assist drivers in complying with posted speed limits. Signs placed in these locations must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW.
Imposition of a penalty for a speed violation detected through the use of speed safety camera systems shall not be deemed a conviction as defined in RCW 46.25.010, and shall not be part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of speed safety camera systems under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 46.16A.120 and 46.20.270(2).
If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a notice of infraction may be 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 30 days of receiving the written notice, provide to the issuing agency by return mail:
i.(A) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the speed violation occurred;
(B) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the speed violation occurred because the vehicle was stolen at the time of the violation. A statement provided under this subsection (8)(f)(i)(B) must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(C) In lieu of identifying the vehicle operator, payment of the applicable penalty.
ii. Timely mailing of a statement to the department of transportation relieves a rental car business of any liability under this chapter for the notice of infraction.
Revenue generated from the deployment of speed safety camera systems must be deposited into the highway safety fund and first used exclusively for the operating and administrative costs under this section. The operation of speed safety camera systems is intended to increase safety in state highway work zones by changing driver behavior. Any revenue generated that exceeds the operating and administrative costs under this section must be transferred to the driver education safety improvement account created in section 16 of this act as designated in the omnibus transportation appropriations act.
The Washington state patrol and department of transportation, in collaboration with the Washington traffic safety commission, must report to the transportation committees of the legislature by July 1, 2025, and biennially thereafter, on the data and efficacy of speed safety camera system use in state highway work zones. The final report due on July 1, 2029, must include a recommendation on whether or not to continue such speed safety camera system use beyond June 30, 2030.
For the purposes of this section:
"Speed safety camera system" means employing the use of speed measuring devices and cameras synchronized to automatically record one or more sequenced photographs, microphotographs, or other electronic images of a motor vehicle that exceeds a posted state highway work zone speed limit as detected by the speed measuring devices.
"State highway work zone" means an area of any highway with construction, maintenance, utility work, or incident response activities authorized by the department of transportation. A state highway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. It extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle.
This section expires June 30, 2030.
The driver education safety improvement account is created in the state treasury. The portion of the driver's examination fee prescribed under RCW 46.68.041(4)(a), the portion of the driver's instruction permit application fee prescribed under RCW 46.68.041(4)(b), and the portion of the license service fee prescribed under RCW 46.17.025 must be deposited in the account. The account may also receive a portion of the revenue from traffic infraction fines as described under RCW 46.63.200(9) and the portion of the LeMay-America's car museum special license plate fee revenue as designated in chapter . . ., Laws of 2025 (Senate Bill No. 5444) or chapter . . ., Laws of 2025 (House Bill No. 1368). Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for expanding and improving driver's education programs and activities including, but not limited to, the driver training school instructor education opportunities program established in section 6 of this act, the driver training education course voucher program established in section 7 of this act, and the tribal partnership program established in section 9 of this act.
(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 13 and 14 of this act take effect January 1, 2026.
Section 17 of this act expires July 1, 2028.
Section 18 of this act takes effect July 1, 2028.