ESB 5081
In CommitteeSenate
Unattended motor vehicles
Revising the provisions around unattended motor vehicles.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill updates Washington’s rules for unattended vehicles to better address modern vehicles with remote start systems. It clarifies when a vehicle is considered unattended, allows exceptions for private property, and requires drivers to report if their remotely started vehicle moves and causes damage or injury.
- Clarifies that a vehicle with a remote starter system is not considered 'unattended' if the engine is running, the vehicle is locked, and the keys are not inside.
- Exempts vehicles on private property owned by the driver from standard unattended vehicle rules (e.g., turning wheels toward curb, removing keys).
- Requires the last driver of a vehicle that moves unexpectedly (e.g., due to remote start) to report the incident under existing hit-and-run laws (RCW 46.52.010 or 46.52.020) if the vehicle strikes another vehicle, property, or causes injury.
- Makes failure to report such incidents subject to penalties under RCW 46.52.020, including possible fines or jail time.
Who is affected
- Drivers using remote starter systems — Drivers who use remote starter systems (like those that start the engine from a key fob or phone app) will have clearer legal rules about when their vehicle is considered 'unattended' and what they must do if the vehicle moves unexpectedly.
- Private property owners — Property owners or residents who leave vehicles unattended on their own private property will not be subject to the standard unattended vehicle rules (e.g., turning wheels toward the curb).
- Victims of vehicle-related damage or injury — People who are injured or whose property is damaged by a vehicle left unattended (especially one started remotely) will have clearer legal pathways to report and seek remedies under existing hit-and-run laws.
- Law enforcement and judicial system — Law enforcement and courts will apply updated rules when investigating incidents involving unattended vehicles, especially those involving remote starters.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
Clarifying that a remotely started vehicle is not 'unattended' when locked and keys removed reduces legal ambiguity and helps prevent wrongful citations for drivers using modern technology—protecting drivers from arbitrary enforcement and promoting fair application of the law.
Public SafetyPeopleRef: Sec. 1(1)(b)Exempting private property from standard unattended vehicle rules (e.g., wheel-turning) respects property rights and reduces unnecessary regulatory burden on homeowners—especially seniors or those with mobility limitations who may rely on remote start for convenience and safety.
Rights & LibertiesPeopleRef: Sec. 1(1)(c)Mandating reporting of unexpected vehicle movement under existing hit-and-run laws ensures victims have legal recourse and helps law enforcement investigate incidents—protecting vulnerable road users and property owners from unaddressed harm.
Public SafetyPeopleRef: Sec. 1(2) & (3)Defining 'remote starter system' in statute provides legal clarity for automotive service providers, manufacturers, and installers—reducing liability uncertainty and supporting consistent compliance across the industry.
Business & EmploymentPeopleRef: Sec. 1(4)
Potential Concerns (4)
The bill creates a new exception for vehicles on private property, which may reduce enforcement of existing safety measures (e.g., wheel-turning on slopes) that help prevent unintended vehicle rollaway on private driveways or parking areas—potentially increasing risk of property damage or injury in unregulated zones.
Public SafetyRef: Sec. 1(1)(a)By defining a remotely started vehicle as 'not unattended' if locked and keys removed, the bill may reduce driver accountability for vehicle movement—especially if users assume the vehicle is 'safe' to leave running unattended, potentially increasing incidents of theft or unintended movement.
Public SafetyRef: Sec. 1(1)(b)Requiring reporting of unexpected vehicle movement under hit-and-run statutes may impose a burden on drivers who are unaware of the requirement or lack immediate awareness of damage (e.g., remote start in a garage with no visible impact), potentially leading to inadvertent violations and criminal penalties for non-willful acts.
Public SafetyRef: Sec. 1(2) & (3)Extending hit-and-run penalties (which include jail time) to situations where the driver may not have intended to cause harm—e.g., a vehicle rolls away unnoticed in a private garage—risks disproportionate criminalization of non-criminal behavior, especially for low-income or less-informed drivers.
Rights & LibertiesRef: Sec. 1(2)
Who Is Most Affected
Drivers using remote starters gain legal clarity and protection from wrongful citations, especially those with mobility challenges or in cold climates who rely on remote start for safety and convenience. However, they face new reporting obligations and potential penalties if unaware of vehicle movement.
Private property owners benefit from reduced regulatory burden on their own land, but may face increased liability if a remotely started vehicle causes damage without clear accountability. The exemption may also reduce incentives to secure vehicles on private land.
Victims of vehicle damage or injury gain stronger legal recourse and clearer pathways to report incidents—especially important when remote-start vehicles move unexpectedly. However, if drivers fail to report, victims may still face delays in compensation or justice.
Law enforcement gains clearer statutory authority to investigate and enforce, but may face increased caseloads from hit-and-run reporting obligations for minor or accidental movements. Courts may see more cases involving technical violations of reporting duties.