In the recently released transportation budget, legislative leaders have added a provision to allow the Washington State Traffic Safety Commission to monitor drivers and their passengers on the freeway. This is being called a “demonstration project” to test the “feasibility and accuracy of the use of automated enforcement technology for high occupancy vehicle (HOV) lane passenger compliance.”

This provision was added less than a day after the passage of House Bill 1793, which gave the state, counties and cities broad new surveillance powers on our roads.

State law (RCW 46.63.170) prohibits safety cameras unless they are at intersections within city limits, and explicitly states that the face of the driver or passenger must not be revealed in the photograph. The pictures taken in the toll lanes on I-405 only capture license plates.

House Bill 1793 added new authority for cities with populations over 500,000 to create enforcement programs that focus primarily on bus lane and transit violations by single occupant vehicles.

The transportation budget funds a demonstration project to create an automated enforcement camera system for High Occupancy Vehicle lanes (HOV), citing HB 1793 as its statutory authority. The demonstration project will record pictures of drivers and passengers in the vehicle and store this information for the duration of the project.

However, there is nothing in HB 1793 that allows the state to create a camera program on the interstates. Additionally, HB 1793 explicitly states “the picture(s) must not reveal the face of the driver or of passengers in the vehicle.”  The purpose of automated traffic safety cameras, according to the bill, is to “only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring.”

This isn’t the first time there has been a proposed increase in surveillance authority for state agencies.

House Bill 2566 failed to move through the legislative process earlier this session. It would have added surveillance authority, which would have enabled the state to use cameras on state highways and freeways.

By adding a policy change directly to the budget, circumventing the normal legislative process, a new surveillance program is created where no existing statutory authority exists.

This is not an honest way to advance policy. The public should have ample opportunity to provide comment and be heard in the process – especially regarding their right to privacy.