(1) A person may not drive a motor vehicle, unless it is equipped with a functioning intelligent speed assistance device, configured and programmed as provided in RCW 46.20.765(3), if the device is required:

(a) For the issuance of a temporary restricted driver's license or an occupational driver's license, under the terms of RCW 46.20.391(4);

(b) Under the applicable terms of probation under RCW 46.20.2892(1) or 46.61.500(4); or

(c) Pursuant to court order under RCW 46.61.734 or 10.21.030.

(2) The requirement to use the device under subsection (1) of this section with respect to a temporary restricted driver's license or occupational driver's license under RCW 46.20.391 remains in effect during the validity of any such license that has been issued to the person.

(3)(a) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.

(b) The obligation under this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.

(4)(a) Except as provided in (b) of this subsection, the installation of an intelligent speed assistance device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.

(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.

(5) Unless costs are waived by the intelligent speed assistance device company or the person is indigent under RCW 10.101.010, a person subject to the requirements of subsection (1) of this section shall pay the costs of installing, removing, and leasing the intelligent speed assistance device and shall pay an additional fee of $21 per month. Payments must be made directly to the intelligent speed assistance device company. The company shall remit the additional fee to the department to be deposited into the intelligent speed assistance device revolving account under RCW 46.68.530, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.

(6) For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an intelligent speed assistance device by an intelligent speed assistance device company authorized to do business in the jurisdiction or within a 75 mile radius of the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive the monthly fee required in subsection (5) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.

(7) The department may issue rules to implement this section.

Intent—Finding—2025 c 228: "It is the intent of the legislature to keep the public safe when on the road. Nationwide, 29 percent of all crash fatalities occurred in speed-related crashes in 2022. In 2023, more than 30 percent of fatal crashes involved speeding on Washington roads. Speeding continues to be a component of traffic deaths, and law enforcement is increasingly dealing with more speed-related incidents. The legislature finds that all Washington drivers are at risk when speeding is involved, and solutions to change public behavior are needed.

Additionally, according to the American motor vehicle administration, more than 70 percent of people with suspended licenses continue to drive during the suspension period. By leveraging technology to enable individuals to continue driving and prevent speeding, the legislature intends to enhance road safety to promote safer driving habits and keep the public safe." [ 2025 c 228 s 1.]

Short title—2025 c 228: "This act may be known and cited as the BEAM act." [ 2025 c 228 s 16.]

Effective date—2025 c 228: "This act takes effect January 1, 2029." [ 2025 c 228 s 18.]