RCW 46.63.220 — Owner-Liability-Only and Mailing Defects on Camera Tickets
Camera-issued infractions (red light, school zone, speed, school bus stop arm) under RCW 46.63.220 (and RCW 46.63.180 for school bus cameras, RCW 46.63.200 for speed safety cameras) carry several technical defenses: (a) the citation must be mailed to the registered owner within 14 days of the infraction (RCW 46.63.030(2)/local equivalent — outside that, void); (b) the camera image must clearly identify the vehicle (plate; not the driver — these are owner-liability infractions; the driver cannot be ID'd from the image); (c) the citation does not go on the driving record and cannot be reported to insurers; (d) if the registered owner was not the driver, an affidavit under RCW 46.63.075 + RCW 46.63.220(8) shifts liability; (e) the program must comply with RCW 46.63.170 / 46.63.220 procedural prerequisites including warning signs and council-authorizing ordinance.
Legal basis
RCW 46.63.220; RCW 46.63.075; RCW 46.63.180 (school bus); RCW 46.63.200 (speed cams); RCW 46.63.030(2)
Sample appeal wording
[COURT] RE: Automated Camera Infraction [#] I contest under RCW 46.63.220. 1. NOT THE DRIVER — Pursuant to RCW 46.63.075 and 46.63.220(8) I declare under penalty of perjury that I was not the operator of the vehicle on the date and time alleged. The driver was [NAME, ADDRESS] (affidavit attached). Liability transfers. 2. UNTIMELY MAILING — The citation was mailed [DATE] for an alleged infraction on [DATE]. The interval exceeds the statutory window. Void. 3. INADEQUATE IMAGE — The state must produce a clear image identifying my vehicle's plate. The image attached is [blurred / partial / shows a different make]. Insufficient evidence. 4. NO IMPACT ON DRIVING RECORD / INSURANCE — The court is reminded that RCW 46.63.220 prohibits reporting to insurers or the driving record. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.63.220
- RCW 46.63.075
- RCW 46.63.030