A bill to limit the type of allowable traffic stops squeaked through the House Transportation Committee last week. HB 1513, sponsored by Rep. Chipalo Street (D) proposes to limit police officers' use of traffic stops and detentions for non-moving violations as a primary offense, and specifies additional process requirements for traffic stops.

HB 1513 limits stops for these non-moving violations:

• Driving with a suspended or revoked license
• Hauling and vehicle equipment
• Lighting devices (headlights, brake lights, etc.)
• Hydraulic brake fluid
• Safety requirements for air conditioning equipment
• Arrest and prosecution without a warrant
• Any stops to check a driver’s license or inspect a vehicle

The bill would allow for traffic stops for these as primary offenses:

• Moving violations as currently defined in WAC 308-104-160
• Improper use of warning lights
• License plates that do not match the vehicle registration
• Equipment failure that poses an immediate or serious threat to safety
• Driving while license is suspended or revoked
• A misdemeanor warrant for driving under the influence
• Domestic violence violation
• Civil court order

Additionally, the bill would require officers to obtain written consent before searching a vehicle or passengers. Additionally, officers would be required to prepare a detailed report for each stop or detention.

The bill also creates a grant program focused on interventions for non-moving violations for low-income road users.

AWC testified with concerns on this bill, as there are multiple ambiguities and questions about the impact of this bill. AWC expressed an interest in seeing use of seatbelts added as a moving violation since they are currently considered an equipment failure issue and, as such, categorized as a non-moving violation. The bill proponents indicated support for this clarification as the bill advances. Additionally, AWC expressed concern that this bill would remove the incentive for people to renew and pay their vehicle license fees (car tabs) because having expired tabs would be considered a secondary offense. There was a misconception by some that tickets for secondary offenses could be mailed to the owner of a vehicle, but the bill language doesn’t currently allow for that.

We would appreciate your feedback on HB 1513. Please contact Candice Bock or Lindsey Hueer.