Tue. Feb 11th, 2025

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Police in Washington would be barred from stopping drivers solely for nonmoving violations, like expired tabs or a broken headlight, under a Democratic-backed bill in the state Legislature.

House Bill 1512 is a top priority for the Washington chapter of the American Civil Liberties Union and the Washington Coalition for Police Accountability. Instead of pulling people over, officers would send warnings in the mail about nonmoving violations if they have no other reason for a stop. 

Officers could still pull people over for — among other reasons — any criminal offense, not wearing a seat belt, not having license plates, or having a registration that expired more than a year ago. 

The same goes for “any equipment violation that presents a serious risk to the safety of the operator or others on the roadway.” This includes having both headlights or taillights off at night, a shattered windshield that affects visibility or a dragging muffler.

And police could still cite drivers for nonmoving violations during a stop, but they would need to initially pull the driver over for something else.

Supporters argue reducing stops for minor infractions would free up time for officers to prioritize drivers who are under the influence of drugs or alcohol or speeding. 

“If there were people walking down the street [with] machetes, I’d rather have our law enforcement officers addressing those folks with machetes as opposed to writing tickets for parking violations,” the bill’s prime sponsor, Rep. Chipalo Street, D-Seattle, told the House Community Safety Committee on Monday.

The measure, known as the Traffic Safety for All Act, would establish a grant program to help people in low-income communities avoid non-moving violations. This money could fund vouchers for bike helmets and car repairs as well as programs to offset registration fees. 

When officers pull someone over, they would have to immediately inform drivers of the reason for the traffic stop. And they could only question the driver about that issue, unless they find evidence giving them a reasonable suspicion to ask about something else. 

Police would also need written consent to search the car, and could only do so if the offense precipitating the stop is a gross misdemeanor or felony.

Beginning in 2026, officers would need to collect information about all their traffic stops, including driver demographics and the reason for each stop.

Lawmakers have been talking about similar measures for years. Previous versions of the bill prohibited officers from pulling over people with misdemeanor warrants or expired tabs — even if they were expired by more than a year.

Police accountability advocates say stops for nonmoving violations do little to improve public safety while disproportionately affecting people of color. And the fines can be burdensome for low-income communities.

State troopers search the cars of Native American drivers five times more than white drivers, according to an InvestigateWest analysis of traffic stop data from 2018 to 2023. Troopers also searched Black and Hispanic drivers more than white drivers.

Between 2009 and 2019, Washington State Patrol troopers found contraband during 0.27% of traffic stops, according to a Vera Institute of Justice analysis.

Despite the data, Rep. Dan Griffey, R-Allyn, said he’d be “willing to take the chance” if it meant, for example, finding a human trafficking victim in a car.

Police officials also oppose the bill, arguing it is ill-timed given the dramatic rise in traffic deaths in the past few years. In 2023, over 800 people died on Washington roads, the highest mark since 1990. Impairment and speeding caused a half and a third of those deaths, respectively.

“If the Legislature wants a person to be able to drive a car without headlights or taillights, we recommend that you simply just eliminate those provisions from the law,” said James McMahan, policy director for the Washington Association of Sheriffs and Police Chiefs. “To keep those provisions on the books but prevent police from enforcing them, we think, undermines the rule of law.”

The Senate version of the legislation hasn’t been scheduled for a public hearing. The House bill doesn’t yet have a committee vote scheduled.

The proposal would take effect 90 days after the session adjourns, scheduled for April 27.