House Amendment 8195
PAG LIN
1 1 Amend House File 2456 as follows:
1 2 #1. Page 2, after line 21 by inserting:
1 3 <Sec. ___. NEW SECTION. 321.296 Speed limit
1 4 enforcement in work zones == photo traffic enforcement.
1 5 The department of public safety, in cooperation with
1 6 the department of transportation, shall place photo
1 7 traffic enforcement devices in all road work zones on
1 8 primary highways to enforce violations of the posted
1 9 speed limits in the road work zones.
1 10 1. For purposes of this section, "photo traffic
1 11 enforcement device" means a device used primarily
1 12 for highway speed limit enforcement, substantially
1 13 consisting of a low=powered Doppler radar unit and
1 14 camera which automatically produces a photograph of a
1 15 vehicle, including the vehicle's registration plate,
1 16 traveling in excess of the legal speed limit, with the
1 17 vehicle's speed and the date, time of day, and location
1 18 of the violation printed on the photograph.
1 19 2. The department of transportation shall post
1 20 signs providing notice to motorists in every road work
1 21 zone where a photo traffic enforcement device is in
1 22 use.
1 23 3. If a peace officer of the department of public
1 24 safety determines from examination of the evidence
1 25 produced by a photo traffic enforcement device that
1 26 a speeding violation occurred in a road work zone,
1 27 the peace officer may initiate an investigation not
1 28 more than seven calendar days after the date of the
1 29 violation. The peace officer may request that the
1 30 owner of the vehicle supply information identifying
1 31 the driver of the vehicle in accordance with section
1 32 321.484, or in the case of a commercial motor vehicle,
1 33 the peace officer may request that the employer of the
1 34 driver provide information identifying the driver of
1 35 the vehicle.
1 36 a. If, from the investigation, the peace officer
1 37 is able to identify the driver of the vehicle and has
1 38 reasonable cause to believe a speeding violation has
1 39 occurred, the peace officer shall prepare a uniform
1 40 traffic citation for the violation and shall serve it
1 41 personally or by certified mail on the driver of the
1 42 vehicle.
1 43 b. If, from the investigation, the peace officer
1 44 has reasonable cause to believe that a speeding
1 45 violation occurred but is unable to identify the
1 46 driver, the peace officer shall serve a uniform traffic
1 47 citation for the violation on the owner of the motor
1 48 vehicle or, in the case of a commercial motor vehicle,
1 49 on the employer of the driver. Notwithstanding section
1 50 321.484, in a proceeding where the peace officer who
2 1 conducted the investigation was not able to identify
2 2 the driver of the motor vehicle, proof that the motor
2 3 vehicle captured on camera and described in the uniform
2 4 traffic citation was used to commit the speeding
2 5 violation in a road work zone, together with proof that
2 6 the defendant named in the citation was the owner of
2 7 the motor vehicle or, in the case of a commercial motor
2 8 vehicle, the employer of the driver, at the time the
2 9 violation occurred, constitutes a permissible inference
2 10 that the owner or employer was the person who committed
2 11 the violation.
2 12 c. For purposes of this subsection, "owner" means a
2 13 person who holds the legal title to a motor vehicle;
2 14 however, if the motor vehicle is the subject of a
2 15 security agreement with a right of possession in
2 16 the debtor, the debtor shall be deemed the owner for
2 17 purposes of this subsection, or if the motor vehicle is
2 18 leased as defined in section 321.493, the lessee shall
2 19 be deemed the owner for purposes of this subsection.
2 20 4. A photograph that meets the requirements of
2 21 subsection 1 shall be accepted as prima facie evidence
2 22 of the speeding violation in any legal proceeding where
2 23 the speed of the motor vehicle is at issue.>
2 24 #2. Page 2, after line 34 by inserting:
2 25 <Sec. ___. Section 321.484, subsection 2, Code
2 26 2009, is amended to read as follows:
2 27 2. If a peace officer as defined in section 801.4
2 28 has reasonable cause to believe the driver of a motor
2 29 vehicle has violated section 321.261, 321.262, 321.264,
2 30 321.341, 321.342, 321.343, 321.344, or 321.372, or
2 31 has committed a violation recorded by a photo traffic
2 32 enforcement device under section 321.296, the officer
2 33 may request any owner of the motor vehicle to supply
2 34 information identifying the driver. When requested,
2 35 the owner of the vehicle shall identify the driver to
2 36 the best of the owner's ability. However, the owner of
2 37 the vehicle is not required to supply identification
2 38 information to the officer if the owner believes the
2 39 information is self=incriminating.>
2 40 #3. Title page, line 1, after <Act> by inserting
2 41 <relating to traffic safety by>
2 42 #4. Title page, line 2, by striking <vehicle> and
2 43 inserting <vehicle, providing for the use of photo
2 44 traffic enforcement in road work zones on primary
2 45 highways,>
2 46 #5. By renumbering as necessary.
WINDSCHITL of Harrison
HF2456.1398 (2) 83
dea/rj
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