House File 2214 H-8234 Amend House File 2214 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 321.1, Code Supplement 2011, is 4 amended by adding the following new subsection: 5 NEW SUBSECTION . 95. “Automated traffic law 6 enforcement system” means a device with one or more 7 sensors working in conjunction with at least one of the 8 following: 9 a. An official traffic-control signal, to 10 produce recorded images of motor vehicles entering 11 an intersection against a flashing red light, steady 12 circular red light, or a steady red arrow. 13 b. An official traffic-control signal at a railroad 14 grade crossing, as described in section 321.342, 15 to produce recorded images of vehicles violating a 16 flashing red or steady circular red light. 17 c. A speed measuring device, to produce recorded 18 images of motor vehicles travelling at a prohibited 19 rate of speed. 20 Sec. 2. NEW SECTION . 321.5A Automated traffic law 21 enforcement systems. 22 A local authority shall not use an automated traffic 23 law enforcement system except as provided in this 24 section. 25 1. A local authority may by ordinance authorize the 26 use of automated traffic law enforcement systems to 27 detect violations of posted speed limits or official 28 traffic-control signals which constitute municipal or 29 county infractions. 30 2. A local authority shall provide signage, in 31 conformance with the uniform system adopted pursuant 32 to section 321.252, giving notice of the use of 33 an automated traffic law enforcement system on the 34 approach to each location where an automated traffic 35 law enforcement system is in use as follows: 36 a. A sign shall be posted on each road on the 37 approach to the next traffic-control signal where an 38 automated traffic law enforcement system is in use. 39 b. A sign shall be posted on the approach to the 40 next speed limit zone on a road where an automated 41 traffic law enforcement system is being used for speed 42 limit enforcement. 43 c. A temporary sign shall be positioned or posted 44 on the approach to each location where a mobile 45 automated traffic law enforcement system is being used 46 for speed limit enforcement. 47 d. A temporary or permanent sign giving notice of 48 the use of an automated traffic law enforcement system 49 for the enforcement of speed limits shall be positioned 50 -1- HF2214.3845 (1) 84 dea/nh 1/ 3 #1.

or posted at a distance in advance of the automated 1 traffic law enforcement system which, in relation to 2 the applicable speed limit, would provide adequate 3 notice to a motor vehicle operator travelling at the 4 speed limit before entering the range of the automated 5 traffic law enforcement system. 6 3. Recorded images produced by an automated traffic 7 law enforcement system evidencing a violation of a 8 posted speed limit or an official traffic-control 9 signal shall be reviewed by a peace officer of the 10 local law enforcement agency to affirm that a violation 11 occurred and the identity of the motor vehicle involved 12 in the violation. If following the officer’s review, 13 a notice of a fine or citation is issued to the owner 14 of the motor vehicle involved in the violation, the 15 following requirements apply: 16 a. An affidavit bearing the written or electronic 17 signature of the peace officer shall be included on the 18 notice or citation. 19 b. The notice or citation shall contain a 20 statement, in bold type, regarding the process for 21 appealing the fine. 22 c. The notice or citation shall be sent by ordinary 23 mail to the owner of the motor vehicle involved not 24 more than thirty days following the incident giving 25 rise to the notice of a fine or citation, as evidenced 26 by the postmark. 27 4. A local authority shall not charge the owner of 28 a motor vehicle administrative costs in addition to 29 any civil penalty imposed for a violation detected by 30 an automated traffic law enforcement system. Civil 31 penalties imposed for such violations shall not exceed 32 the following amounts: 33 a. For a violation of an official traffic-control 34 signal, fifty dollars. 35 b. For a violation of a speed limit, the amount 36 of the fine established in section 805.8A for an 37 equivalent speeding violation charged as a scheduled 38 violation, subject to the limitation established in 39 section 331.302, subsection 2, for violation of a 40 county ordinance, or the limitation established in 41 section 364.3, subsection 2, for violation of a city 42 ordinance. 43 5. The owner of a motor vehicle shall not be liable 44 for a violation detected by an automated traffic 45 law enforcement system if a uniform traffic citation 46 was issued to the operator of the motor vehicle in 47 connection with the same violation. 48 6. A local authority that uses an automated traffic 49 law enforcement system shall file annually with the 50 -2- HF2214.3845 (1) 84 dea/nh 2/ 3

department of public safety a report comparing the type 1 and rate of accidents that occurred at each location 2 where an automated traffic law enforcement system was 3 employed during the previous year to the type and rate 4 of accidents at the same location during the previous 5 consecutive year. The report shall be kept on file and 6 used by the governing body of the local authority in 7 evaluating the effectiveness of the automated traffic 8 law enforcement program in improving public safety. 9 Sec. 3. EXISTING AUTOMATED TRAFFIC LAW 10 ENFORCEMENT SYSTEMS —— VALIDITY OF PRIOR NOTICES AND 11 CITATIONS. Notices mailed or citations issued of 12 violations committed prior to the effective date of 13 this Act, pursuant to a local ordinance authorizing the 14 use of an automated traffic law enforcement system, 15 shall not be invalidated by the enactment of this Act 16 and shall be processed according to the provisions of 17 the law under which they were authorized. > 18 2. Title page, line 1, by striking < prohibiting > 19 and inserting < relating to > 20 3. Title page, by striking line 2 and inserting 21 < systems. > 22 4. By renumbering as necessary. 23 ______________________________ WENTHE of Fayette -3- HF2214.3845 (1) 84 dea/nh 3/ 3 #2. #3. #4.