Text: HF00332 Text: HF00334 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.236A AUTOMATED ENFORCEMENT
1 2 SYSTEMS.
1 3 1. A local authority may use an automated enforcement
1 4 system to detect red-light stop violations on streets and
1 5 highways under its jurisdiction.
1 6 2. A citation for a red-light stop violation may be issued
1 7 pursuant to the use of an automated enforcement system if all
1 8 of the following conditions are met:
1 9 a. The automated enforcement system and the issuance of
1 10 citations are under the ultimate control of a law enforcement
1 11 agency.
1 12 b. Signs indicating that red-light stops are being
1 13 monitored by an automated enforcement system are visible to
1 14 traffic approaching the official traffic control signal from
1 15 all directions or are posted, so far as is practicable, on all
1 16 major routes entering the jurisdiction under the control of
1 17 the local authority.
1 18 c. The citation is mailed or personally delivered to the
1 19 registered owner of the vehicle at the owner's last known
1 20 address within ten business days of the alleged violation.
1 21 During the first thirty days following a local authority's
1 22 initial use of an automated enforcement system under this
1 23 section, only warning citations shall be issued for violations
1 24 recorded by the system.
1 25 3. A rebuttable presumption exists that the registered
1 26 owner of a vehicle used in the commission of a violation
1 27 recorded by an automated enforcement system was the driver of
1 28 the vehicle at the time of the violation.
1 29 4. A local authority using an automated enforcement system
1 30 may assess a surcharge against a person who committed a
1 31 violation recorded by the system to cover the costs of
1 32 administering the system and mailing citations, in addition to
1 33 any fine or other fees, penalties, costs, or surcharges
1 34 assessed for the violation, in an amount to be determined by
1 35 the local authority. The surcharge shall not exceed five
2 1 dollars per citation issued. Notwithstanding section
2 2 602.8106, the clerk of the district court shall collect the
2 3 surcharge and remit one hundred percent of the surcharge to
2 4 the local authority.
2 5 5. A citation issued pursuant to this section shall be
2 6 issued in the same manner as uniform citations are issued
2 7 pursuant to chapter 805.
2 8 6. A local authority using an automated enforcement system
2 9 to detect red-light stop violations under this section shall
2 10 not enter into an agreement with the manufacturer or vendor of
2 11 the system, or any other person, to compensate the
2 12 manufacturer, vendor, or other person based on the number of
2 13 citations issued pursuant to the use of the system or the
2 14 revenue generated through the use of the system. Any such
2 15 compensation paid by a local authority using an automated
2 16 enforcement system shall be based on the value of the system
2 17 purchased or leased or on the value of the service provided by
2 18 the person.
2 19 7. For purposes of this section, the following definitions
2 20 apply:
2 21 a. "Automated enforcement system" means a system operated
2 22 by a local authority, in cooperation with a law enforcement
2 23 agency, that uses a machine to automatically detect a red-
2 24 light stop violation and simultaneously record a photograph of
2 25 the vehicle used in committing the violation, the operator of
2 26 the vehicle, and the license plate of the vehicle.
2 27 b. "Red-light stop violation" means a violation of an
2 28 official traffic control signal which is displaying a steady
2 29 circular red light or a flashing circular red light pursuant
2 30 to section 321.257.
2 31 Sec. 2. Section 602.8107, subsection 2, paragraph b, Code
2 32 1999, is amended to read as follows:
2 33 b. Fines or penalties, automated enforcement system
2 34 surcharges under section 321.236A, and criminal penalty
2 35 surcharges.
3 1 EXPLANATION
3 2 This bill allows local authorities to use automated
3 3 enforcement systems to detect violations of official traffic
3 4 control signals displaying a red light.
3 5 The bill provides that citations may be issued for
3 6 violations recorded by an automated enforcement system if the
3 7 system and the issuance of citations are under the ultimate
3 8 control of a law enforcement agency, signs are posted
3 9 indicating that an automated enforcement system is being used,
3 10 and the citation is mailed or delivered to the registered
3 11 owner of the motor vehicle at the owner's last known address
3 12 within ten days of the violation. Warning citations are to be
3 13 issued for the first thirty days following a local authority's
3 14 initial use of a system.
3 15 There is a rebuttable presumption that the registered owner
3 16 of a vehicle was the driver of the vehicle at the time of the
3 17 violation.
3 18 A local authority may assess a surcharge of up to five
3 19 dollars for each citation issued pursuant to use of an
3 20 automated enforcement system to cover the costs of
3 21 administering the system and mailing citations. Citations are
3 22 to be issued in the same manner as uniform citations are
3 23 issued.
3 24 Under the bill, a local authority using an automated
3 25 enforcement system is prohibited from entering into an
3 26 agreement with the manufacturer or vendor of the system, or
3 27 any other person, to compensate the manufacturer, vendor, or
3 28 other person based on the number of citations issued or
3 29 revenue generated pursuant to the use of the system. Any
3 30 compensation paid by a local authority using a system shall be
3 31 based on the value of the system purchased or leased or on the
3 32 value of the service provided by the person.
3 33 For purposes of the bill, "automated enforcement system"
3 34 means a system operated by a local authority, in cooperation
3 35 with a law enforcement agency, that uses a machine to
4 1 automatically detect a red-light stop violation and
4 2 simultaneously record a photograph of the vehicle used in
4 3 committing the violation, the operator of the vehicle, and the
4 4 license plate of the vehicle. "Red-light stop violation"
4 5 means a violation of an official traffic control signal which
4 6 is displaying a steady circular red light or a flashing
4 7 circular red light.
4 8 LSB 1702YH 78
4 9 nh/cf/24
Text: HF00332 Text: HF00334 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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