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House File 629 - IntroducedA Bill ForAn Act 1relating to the use of automated traffic enforcement
2systems on the primary road system.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321P.1 Definitions.
2As used in this chapter:
31. “Automated enforcement” means the use of automated
4traffic enforcement systems for enforcement of laws regulating
5vehicular traffic.
62. “Automated traffic enforcement system” means a system
7that operates in conjunction with an official traffic-control
8signal, as described in section 321.257, or a speed-measuring
9device to produce recorded images of vehicles being operated
10in violation of traffic laws.
113. “Department” means the state department of
12transportation.
134. “High-crash location” means a location where data
14indicates a greater frequency or higher rate of crashes
15when compared with other similar locations within the local
16jurisdiction, other like jurisdictions, or larger metropolitan
17areas.
185. “High-risk location” means a location where the safety of
19citizens or law enforcement officers would be at higher risk
20through conventional enforcement methods.
216. “Local jurisdiction” means a city or county.
22 Sec. 2. NEW SECTION. 321P.2 Applicability — department
23approval required — use by department prohibited.
241. This chapter applies only to local jurisdictions using
25or planning to use automated enforcement on the primary road
26system.
272. A local jurisdiction shall obtain approval from the
28department prior to using an automated traffic enforcement
29system on the primary road system.
303. The department shall not own or operate any automated
31traffic enforcement system.
324. The department shall not receive any financial payment
33from any automated traffic enforcement system owned or operated
34by a local jurisdiction.
35 Sec. 3. NEW SECTION. 321P.3 Use of automated traffic
-1-1enforcement systems.
21. A local jurisdiction shall explore and implement other
3engineering and enforcement solutions before considering
4automated enforcement.
52. A local jurisdiction shall consider implementing
6automated enforcement only in extremely limited situations on
7interstate roads.
83. A local jurisdiction shall only consider automated
9enforcement in areas with a documented high-crash or high-risk
10location in any of the following areas:
11a. An area or intersection with a significant history
12of crashes which can be attributed to persons disobeying an
13official traffic-control signal or exceeding the posted speed
14limit.
15b. A school zone, as described in section 321.249.
16 Sec. 4. NEW SECTION. 321P.4 Justification report.
171. A local jurisdiction that intends to implement automated
18enforcement shall provide a justification report to the
19department by submitting a request and the justification report
20to the appropriate district engineer. A licensed, professional
21engineer knowledgeable in traffic safety shall sign the
22justification report.
232. The justification report must provide all necessary
24information and documentation to clearly define the area where
25use of automated enforcement is intended, provide evidence
26documenting why the area is a high-crash or high-risk location,
27and describe the process used to justify the need for automated
28enforcement.
293. The justification report must include but is not limited
30to all of the following information:
31a. Existing traffic speeds, posted speed limits, traffic
32volumes, and intersection or roadway geometry, as applicable,
33information ensuring that the existing speed limits and traffic
34signal timings are appropriate, and detailing how such speed
35limits and signal timings were established.
-2- 1b. Applicable crash history, the primary crash types, crash
2causes, crash severity, and observed or ascertained traffic
3violations. Only crashes attributable to violations of the
4posted speed limit or official traffic-control signals shall be
5included in the justification report.
6c. A comparison of crash data with other similar locations
7within the local jurisdiction, other like jurisdictions, and
8larger metropolitan areas.
9d. The critical traffic safety issues based on the data
10provided pursuant to this subsection and a comprehensive list
11of countermeasures that may reduce the critical traffic safety
12issues.
13e. Solutions or safety countermeasures that have been
14implemented, along with those that have been considered but
15not implemented, including but not limited to law enforcement
16activities, engineering and design changes, and public
17education campaigns.
18f. Discussions held and actions taken with partnering
19agencies that have resources which could aid in the reduction
20of crashes attributable to violations of the posted speed limit
21and official traffic-control signals.
22g. Reasons the local jurisdiction believes automated
23enforcement is the best solution to reduce the critical traffic
24safety issues.
254. A local jurisdiction intending to implement a mobile
26automated traffic enforcement system shall include all of the
27following information with the justification report:
28a. A description of the mobile automated traffic enforcement
29system.
30b. The proposed duration of use of a mobile automated
31traffic enforcement system at each location and an indication
32of where the unit will be physically placed relative to
33the highway, including the roadway and its boundaries, such
34as curbs, shoulders, medians, and other relevant location
35characteristics.
-3-1 Sec. 5. NEW SECTION. 321P.5 Department review.
21. Within ninety days of receipt of the request and a
3completed justification report, the department shall either
4approve or deny specific automated enforcement locations in
5the request. The department’s response time may be extended
6if the collection of additional data is needed, such as
7conducting a speed study. Incomplete justification reports
8shall be returned to the local jurisdiction. The department
9shall review the request and justification report, evaluate
10the process used, and determine if the proposed automated
11traffic enforcement system is needed and warranted. If an
12automated enforcement request is approved, the department
13shall prepare an agreement detailing the approved use of such
14enforcement which must be signed by the department and the
15local jurisdiction.
162. Upon receipt by the department of a request and a
17completed justification report from a local jurisdiction, the
18department shall include the information on the department’s
19internet site.
20 Sec. 6. NEW SECTION. 321P.6 Systems installed, maintained,
21and placed.
221. A local jurisdiction shall install and maintain an
23automated traffic enforcement system in a safe manner and place
24the system to ensure motorist safety by reducing the chances
25of creating a potentially unsafe environment for motorists as
26follows:
27a. In a location where the system does not impede,
28oppose, or interfere with free passage along the primary road
29right-of-way.
30b. In a location where the system does not create a visual
31obstruction to passing motorists.
32c. In a manner to avoid creating traffic backups or delays.
332. A local jurisdiction shall not place or park an automated
34traffic enforcement system in any of the following locations:
35a. On any shoulder or median of any interstate highway.
-4- 1b. Within fifteen feet of the outside traffic lane of any
2interstate highway, unless shielded by a crashworthy barrier.
3c. On the outside shoulder of any other primary road for
4longer than forty-eight hours unless shielded by a crashworthy
5barrier.
6d. Within two feet of the back of the curb of a municipal
7extension of any primary road.
8e. Within the first one thousand feet of a change in speed
9limit to a lower posted speed limit.
103. A local jurisdiction shall not place or operate an
11automated traffic enforcement system within the defined limits
12of any road work zone, as defined in section 321.1.
13 Sec. 7. NEW SECTION. 321P.7 Required signs.
141. A local jurisdiction shall post permanent signs in
15advance of the locations where automated traffic enforcement
16systems are in use to advise drivers that the area is monitored
17by an automated traffic enforcement system.
182. A local jurisdiction shall post temporary or permanent
19signs advising that vehicle speed is monitored by automated
20enforcement in advance of an area monitored by a mobile
21automated traffic enforcement system, as agreed to by the
22department and the local jurisdiction.
233. A local jurisdiction using an automated traffic
24enforcement system is authorized to post permanent signs on
25primary access roads entering local jurisdictions that are
26under automated enforcement.
274. All signs must be in accordance with the sign manual
28adopted by the department.
29 Sec. 8. NEW SECTION. 321P.8 Enforcement.
301. A local jurisdiction shall use automated enforcement in
31conjunction with conventional law enforcement methods, not as a
32replacement for law enforcement officer contact.
332. If a local jurisdiction uses a mobile automated traffic
34enforcement system, a law enforcement agency shall own the
35vehicle equipped with the mobile automated traffic enforcement
-5-1system and the vehicle must be marked with official decals and
2have an “official” registration plate issued under section
3321.19 affixed to the vehicle.
4 Sec. 9. NEW SECTION. 321P.9 Calibration.
5An automated traffic enforcement system shall be calibrated
6by a local law enforcement officer, trained in the use and
7calibration of the system, at least quarterly for a fixed
8system and prior to being used at any new location for a mobile
9system.
10 Sec. 10. NEW SECTION. 321P.10 Evaluation, reporting, and
11reevaluation.
121. A local jurisdiction with active automated enforcement
13on a primary road shall evaluate the effectiveness of its use
14annually. The evaluation shall do all of the following:
15a. Address the reduction of vehicle speeds and the number of
16official traffic-control signal violations, as applicable, for
17those sites being monitored by automated enforcement.
18b. Identify the number and type of crashes at the sites
19being monitored, and compare the data for sites to the number
20and type of crashes at the sites before automated enforcement
21was implemented. The evaluation for a system that monitors an
22intersection only requires the data for monitored approaches.
23c. Evaluate and document the automated traffic enforcement
24system’s effect on reducing the critical traffic safety issues
25listed in the justification report.
26d. Provide the total number of citations issued for each
27calendar year that the automated traffic enforcement system has
28been in operation.
29e. Certify that the automated traffic enforcement system has
30been calibrated in accordance with section 321P.9.
312. A local jurisdiction shall report the annual evaluation
32to the department’s office of traffic and safety on or before
33May 1 each year, beginning on the first May 1 following a full
34calendar year with automated enforcement implemented, and the
35report shall be based on performance for the prior year.
-6- 13. The department shall utilize information collected
2from the annual evaluation reports from local jurisdictions
3to assist in evaluating the continued need for such systems
4at each location. The continued use of automated enforcement
5is contingent on the effectiveness of the system, appropriate
6administration of the system by the local jurisdiction,
7continued compliance with this chapter, considering changes
8in traffic patterns, infrastructure improvements, and
9implementation of other identified safety countermeasures.
104. The department is authorized to require a local
11jurisdiction to remove or modify an automated system in a
12particular location.
13 Sec. 11. NEW SECTION. 321P.11 Appeals.
14Notwithstanding chapter 17A, a local jurisdiction may
15appeal a decision made by the department as part of this
16chapter by submitting a written explanation of the issue and
17any supporting information to the director of transportation.
18Once the director receives the appeal, the director shall have
19thirty days to respond. The director’s decision is final
20agency action.
21 Sec. 12. NEW SECTION. 321P.12 Rules.
22The department may adopt rules pursuant to chapter 17A as
23necessary to implement this chapter.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27In 2014, the department of transportation (DOT) adopted
28administrative rules authorizing and regulating the use of
29automated traffic enforcement (ATE) systems on the primary road
30system. After judicial review, the Iowa supreme court ruled
31the DOT did not have authority to adopt rules regulating the
32use of ATE systems. This bill codifies the previously adopted
33DOT rules.
34The bill applies only to automated enforcement used by
35local jurisdictions on the primary road system. The DOT is
-7-1prohibited from using automated enforcement or receiving
2related payments from local jurisdictions.
3Under the bill, a city or county (local jurisdiction)
4seeking to use automated enforcement is required to receive
5approval from the DOT. A local jurisdiction is required to
6submit a justification report, detailing the need for automated
7enforcement based on factors described in the bill. The DOT
8must approve or deny a local jurisdiction’s request within 90
9days, unless additional time is needed to gather more data or
10conduct a speed study. If the DOT approves a request, the
11DOT must prepare an agreement which must be signed by the
12department and the local jurisdiction.
13The bill requires ATE systems to be installed and maintained
14in a safe manner and limits the locations on or along a roadway
15where the ATE system is permitted to be installed. The ATE
16systems must be calibrated quarterly, and if a mobile ATE
17system is used, it must be calibrated before each use at a
18new location. Local jurisdictions are required to post signs
19in advance of locations where ATE systems are used to advise
20drivers of such systems.
21Each year, a local jurisdiction that uses automated
22enforcement must evaluate the effectiveness of the ATE system
23and report its findings to the DOT on or before May 1. The
24DOT must review the annual reports and determine whether
25continued use of automated enforcement is justified. The DOT
26is authorized to require a local jurisdiction to remove or
27modify an ATE system in a particular location.
28A local jurisdiction may appeal a decision made by the
29DOT by submitting a written explanation of the issue and any
30supporting information to the director of the DOT. Once the
31director receives the appeal, the director has 30 days to
32respond. The director’s decision is final agency action.
33Automated enforcement must be used in conjunction with
34conventional law enforcement methods, not as a replacement for
35law enforcement officer contact.
-8-th/ns
2systems on the primary road system.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321P.1 Definitions.
2As used in this chapter:
31. “Automated enforcement” means the use of automated
4traffic enforcement systems for enforcement of laws regulating
5vehicular traffic.
62. “Automated traffic enforcement system” means a system
7that operates in conjunction with an official traffic-control
8signal, as described in section 321.257, or a speed-measuring
9device to produce recorded images of vehicles being operated
10in violation of traffic laws.
113. “Department” means the state department of
12transportation.
134. “High-crash location” means a location where data
14indicates a greater frequency or higher rate of crashes
15when compared with other similar locations within the local
16jurisdiction, other like jurisdictions, or larger metropolitan
17areas.
185. “High-risk location” means a location where the safety of
19citizens or law enforcement officers would be at higher risk
20through conventional enforcement methods.
216. “Local jurisdiction” means a city or county.
22 Sec. 2. NEW SECTION. 321P.2 Applicability — department
23approval required — use by department prohibited.
241. This chapter applies only to local jurisdictions using
25or planning to use automated enforcement on the primary road
26system.
272. A local jurisdiction shall obtain approval from the
28department prior to using an automated traffic enforcement
29system on the primary road system.
303. The department shall not own or operate any automated
31traffic enforcement system.
324. The department shall not receive any financial payment
33from any automated traffic enforcement system owned or operated
34by a local jurisdiction.
35 Sec. 3. NEW SECTION. 321P.3 Use of automated traffic
-1-1enforcement systems.
21. A local jurisdiction shall explore and implement other
3engineering and enforcement solutions before considering
4automated enforcement.
52. A local jurisdiction shall consider implementing
6automated enforcement only in extremely limited situations on
7interstate roads.
83. A local jurisdiction shall only consider automated
9enforcement in areas with a documented high-crash or high-risk
10location in any of the following areas:
11a. An area or intersection with a significant history
12of crashes which can be attributed to persons disobeying an
13official traffic-control signal or exceeding the posted speed
14limit.
15b. A school zone, as described in section 321.249.
16 Sec. 4. NEW SECTION. 321P.4 Justification report.
171. A local jurisdiction that intends to implement automated
18enforcement shall provide a justification report to the
19department by submitting a request and the justification report
20to the appropriate district engineer. A licensed, professional
21engineer knowledgeable in traffic safety shall sign the
22justification report.
232. The justification report must provide all necessary
24information and documentation to clearly define the area where
25use of automated enforcement is intended, provide evidence
26documenting why the area is a high-crash or high-risk location,
27and describe the process used to justify the need for automated
28enforcement.
293. The justification report must include but is not limited
30to all of the following information:
31a. Existing traffic speeds, posted speed limits, traffic
32volumes, and intersection or roadway geometry, as applicable,
33information ensuring that the existing speed limits and traffic
34signal timings are appropriate, and detailing how such speed
35limits and signal timings were established.
-2- 1b. Applicable crash history, the primary crash types, crash
2causes, crash severity, and observed or ascertained traffic
3violations. Only crashes attributable to violations of the
4posted speed limit or official traffic-control signals shall be
5included in the justification report.
6c. A comparison of crash data with other similar locations
7within the local jurisdiction, other like jurisdictions, and
8larger metropolitan areas.
9d. The critical traffic safety issues based on the data
10provided pursuant to this subsection and a comprehensive list
11of countermeasures that may reduce the critical traffic safety
12issues.
13e. Solutions or safety countermeasures that have been
14implemented, along with those that have been considered but
15not implemented, including but not limited to law enforcement
16activities, engineering and design changes, and public
17education campaigns.
18f. Discussions held and actions taken with partnering
19agencies that have resources which could aid in the reduction
20of crashes attributable to violations of the posted speed limit
21and official traffic-control signals.
22g. Reasons the local jurisdiction believes automated
23enforcement is the best solution to reduce the critical traffic
24safety issues.
254. A local jurisdiction intending to implement a mobile
26automated traffic enforcement system shall include all of the
27following information with the justification report:
28a. A description of the mobile automated traffic enforcement
29system.
30b. The proposed duration of use of a mobile automated
31traffic enforcement system at each location and an indication
32of where the unit will be physically placed relative to
33the highway, including the roadway and its boundaries, such
34as curbs, shoulders, medians, and other relevant location
35characteristics.
-3-1 Sec. 5. NEW SECTION. 321P.5 Department review.
21. Within ninety days of receipt of the request and a
3completed justification report, the department shall either
4approve or deny specific automated enforcement locations in
5the request. The department’s response time may be extended
6if the collection of additional data is needed, such as
7conducting a speed study. Incomplete justification reports
8shall be returned to the local jurisdiction. The department
9shall review the request and justification report, evaluate
10the process used, and determine if the proposed automated
11traffic enforcement system is needed and warranted. If an
12automated enforcement request is approved, the department
13shall prepare an agreement detailing the approved use of such
14enforcement which must be signed by the department and the
15local jurisdiction.
162. Upon receipt by the department of a request and a
17completed justification report from a local jurisdiction, the
18department shall include the information on the department’s
19internet site.
20 Sec. 6. NEW SECTION. 321P.6 Systems installed, maintained,
21and placed.
221. A local jurisdiction shall install and maintain an
23automated traffic enforcement system in a safe manner and place
24the system to ensure motorist safety by reducing the chances
25of creating a potentially unsafe environment for motorists as
26follows:
27a. In a location where the system does not impede,
28oppose, or interfere with free passage along the primary road
29right-of-way.
30b. In a location where the system does not create a visual
31obstruction to passing motorists.
32c. In a manner to avoid creating traffic backups or delays.
332. A local jurisdiction shall not place or park an automated
34traffic enforcement system in any of the following locations:
35a. On any shoulder or median of any interstate highway.
-4- 1b. Within fifteen feet of the outside traffic lane of any
2interstate highway, unless shielded by a crashworthy barrier.
3c. On the outside shoulder of any other primary road for
4longer than forty-eight hours unless shielded by a crashworthy
5barrier.
6d. Within two feet of the back of the curb of a municipal
7extension of any primary road.
8e. Within the first one thousand feet of a change in speed
9limit to a lower posted speed limit.
103. A local jurisdiction shall not place or operate an
11automated traffic enforcement system within the defined limits
12of any road work zone, as defined in section 321.1.
13 Sec. 7. NEW SECTION. 321P.7 Required signs.
141. A local jurisdiction shall post permanent signs in
15advance of the locations where automated traffic enforcement
16systems are in use to advise drivers that the area is monitored
17by an automated traffic enforcement system.
182. A local jurisdiction shall post temporary or permanent
19signs advising that vehicle speed is monitored by automated
20enforcement in advance of an area monitored by a mobile
21automated traffic enforcement system, as agreed to by the
22department and the local jurisdiction.
233. A local jurisdiction using an automated traffic
24enforcement system is authorized to post permanent signs on
25primary access roads entering local jurisdictions that are
26under automated enforcement.
274. All signs must be in accordance with the sign manual
28adopted by the department.
29 Sec. 8. NEW SECTION. 321P.8 Enforcement.
301. A local jurisdiction shall use automated enforcement in
31conjunction with conventional law enforcement methods, not as a
32replacement for law enforcement officer contact.
332. If a local jurisdiction uses a mobile automated traffic
34enforcement system, a law enforcement agency shall own the
35vehicle equipped with the mobile automated traffic enforcement
-5-1system and the vehicle must be marked with official decals and
2have an “official” registration plate issued under section
3321.19 affixed to the vehicle.
4 Sec. 9. NEW SECTION. 321P.9 Calibration.
5An automated traffic enforcement system shall be calibrated
6by a local law enforcement officer, trained in the use and
7calibration of the system, at least quarterly for a fixed
8system and prior to being used at any new location for a mobile
9system.
10 Sec. 10. NEW SECTION. 321P.10 Evaluation, reporting, and
11reevaluation.
121. A local jurisdiction with active automated enforcement
13on a primary road shall evaluate the effectiveness of its use
14annually. The evaluation shall do all of the following:
15a. Address the reduction of vehicle speeds and the number of
16official traffic-control signal violations, as applicable, for
17those sites being monitored by automated enforcement.
18b. Identify the number and type of crashes at the sites
19being monitored, and compare the data for sites to the number
20and type of crashes at the sites before automated enforcement
21was implemented. The evaluation for a system that monitors an
22intersection only requires the data for monitored approaches.
23c. Evaluate and document the automated traffic enforcement
24system’s effect on reducing the critical traffic safety issues
25listed in the justification report.
26d. Provide the total number of citations issued for each
27calendar year that the automated traffic enforcement system has
28been in operation.
29e. Certify that the automated traffic enforcement system has
30been calibrated in accordance with section 321P.9.
312. A local jurisdiction shall report the annual evaluation
32to the department’s office of traffic and safety on or before
33May 1 each year, beginning on the first May 1 following a full
34calendar year with automated enforcement implemented, and the
35report shall be based on performance for the prior year.
-6- 13. The department shall utilize information collected
2from the annual evaluation reports from local jurisdictions
3to assist in evaluating the continued need for such systems
4at each location. The continued use of automated enforcement
5is contingent on the effectiveness of the system, appropriate
6administration of the system by the local jurisdiction,
7continued compliance with this chapter, considering changes
8in traffic patterns, infrastructure improvements, and
9implementation of other identified safety countermeasures.
104. The department is authorized to require a local
11jurisdiction to remove or modify an automated system in a
12particular location.
13 Sec. 11. NEW SECTION. 321P.11 Appeals.
14Notwithstanding chapter 17A, a local jurisdiction may
15appeal a decision made by the department as part of this
16chapter by submitting a written explanation of the issue and
17any supporting information to the director of transportation.
18Once the director receives the appeal, the director shall have
19thirty days to respond. The director’s decision is final
20agency action.
21 Sec. 12. NEW SECTION. 321P.12 Rules.
22The department may adopt rules pursuant to chapter 17A as
23necessary to implement this chapter.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27In 2014, the department of transportation (DOT) adopted
28administrative rules authorizing and regulating the use of
29automated traffic enforcement (ATE) systems on the primary road
30system. After judicial review, the Iowa supreme court ruled
31the DOT did not have authority to adopt rules regulating the
32use of ATE systems. This bill codifies the previously adopted
33DOT rules.
34The bill applies only to automated enforcement used by
35local jurisdictions on the primary road system. The DOT is
-7-1prohibited from using automated enforcement or receiving
2related payments from local jurisdictions.
3Under the bill, a city or county (local jurisdiction)
4seeking to use automated enforcement is required to receive
5approval from the DOT. A local jurisdiction is required to
6submit a justification report, detailing the need for automated
7enforcement based on factors described in the bill. The DOT
8must approve or deny a local jurisdiction’s request within 90
9days, unless additional time is needed to gather more data or
10conduct a speed study. If the DOT approves a request, the
11DOT must prepare an agreement which must be signed by the
12department and the local jurisdiction.
13The bill requires ATE systems to be installed and maintained
14in a safe manner and limits the locations on or along a roadway
15where the ATE system is permitted to be installed. The ATE
16systems must be calibrated quarterly, and if a mobile ATE
17system is used, it must be calibrated before each use at a
18new location. Local jurisdictions are required to post signs
19in advance of locations where ATE systems are used to advise
20drivers of such systems.
21Each year, a local jurisdiction that uses automated
22enforcement must evaluate the effectiveness of the ATE system
23and report its findings to the DOT on or before May 1. The
24DOT must review the annual reports and determine whether
25continued use of automated enforcement is justified. The DOT
26is authorized to require a local jurisdiction to remove or
27modify an ATE system in a particular location.
28A local jurisdiction may appeal a decision made by the
29DOT by submitting a written explanation of the issue and any
30supporting information to the director of the DOT. Once the
31director receives the appeal, the director has 30 days to
32respond. The director’s decision is final agency action.
33Automated enforcement must be used in conjunction with
34conventional law enforcement methods, not as a replacement for
35law enforcement officer contact.
-8-th/ns