House File 2450 H-8392 Amend House File 2450 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, 31 in conformance with the uniform system on traffic 32 control devices adopted pursuant to section 321.252, 33 giving notice of the use of an automated traffic 34 law enforcement system on both sides of the approach 35 to each location where an automated traffic law 36 enforcement system is in use as follows: 37 a. A warning sign at least forty-eight inches 38 by thirty-six inches in size with a distance plaque 39 having a black legend and black border on a yellow 40 or fluorescent yellow-green color shall be posted on 41 both sides of each road on the approach to the next 42 traffic-control signal where an automated traffic law 43 enforcement system is in use. 44 b. A warning sign at least forty-eight inches 45 by thirty-six inches in size with a distance plaque 46 having a black legend and black border on a yellow or 47 fluorescent yellow-green color shall be posted on both 48 sides of the approach to the next speed limit zone on a 49 road where an automated traffic law enforcement system 50 -1- HF2450.5527 (2) 84 dea/rj 1/ 4 #1.

is being used for speed limit enforcement. 1 c. The notice of the use of an automated traffic 2 law enforcement system shall be positioned so as 3 to provide adequate perception-response time for 4 motorists. 5 d. A temporary sign shall be positioned or posted 6 on the approach to each location where a mobile 7 automated traffic law enforcement system is being used 8 for speed limit enforcement. 9 e. The color and size of signage and the distance 10 of the placement of signage may vary from the 11 requirements of this section, provided that the 12 variation is based upon an engineering study and a copy 13 of the engineering study is maintained on file by the 14 local authority. 15 f. The vendor or vendors that provide automated 16 traffic law enforcement system equipment and services 17 to the local authority shall be responsible for the 18 costs associated with the provision of signage required 19 under this subsection. 20 3. Recorded images produced by an automated traffic 21 law enforcement system evidencing a violation of a 22 posted speed limit or an official traffic-control 23 signal shall be reviewed by a peace officer of the 24 local law enforcement agency to affirm that a violation 25 occurred and the identity of the motor vehicle involved 26 in the violation. If following the officer’s review, 27 a notice of a fine or citation is issued to the owner 28 of the motor vehicle involved in the violation, the 29 following requirements apply: 30 a. An affidavit bearing the written or electronic 31 signature of the peace officer shall be included on the 32 notice or citation. 33 b. The notice or citation shall contain a 34 statement, in bold type, regarding the process for 35 appealing the fine. 36 c. The notice or citation shall be sent by ordinary 37 mail to the owner of the motor vehicle involved not 38 more than thirty days following the incident giving 39 rise to the notice of a fine or citation, as evidenced 40 by the postmark. 41 4. a. A local authority shall not charge the owner 42 of a motor vehicle administrative fees in addition to 43 any civil penalty imposed for a violation detected by 44 an automated traffic law enforcement system. A civil 45 penalty for such a violation shall not exceed the 46 amount of the fine established in section 805.8A for an 47 equivalent violation charged as a scheduled violation, 48 subject to the limitation established in section 49 331.302 for violation of a county ordinance or the 50 -2- HF2450.5527 (2) 84 dea/rj 2/ 4

limitation established in section 364.3 for violation 1 of a city ordinance. 2 b. A local authority shall not impose a civil 3 penalty for violation of a speed limit for speed which 4 is ten miles per hour or less over the speed limit. 5 5. The notice or citation sent to the owner of a 6 motor vehicle pursuant to subsection 3 shall specify 7 the date by which payment of the civil penalty is 8 due. The penalty shall be deemed delinquent if it is 9 not paid within thirty days after the date specified 10 on the notice or citation. Thirty days after the 11 date specified on the notice or citation, the local 12 authority may contract with a private collection agency 13 for collection of the delinquent penalty. 14 6. The owner of a motor vehicle shall not be liable 15 for a violation detected by an automated traffic 16 law enforcement system if a uniform traffic citation 17 was issued to the operator of the motor vehicle in 18 connection with the same violation. 19 7. A local authority that uses an automated traffic 20 law enforcement system shall file annually with the 21 department of public safety a report comparing the type 22 and rate of accidents that occurred at each location 23 where an automated traffic law enforcement system was 24 employed during the previous year to the type and rate 25 of accidents at the same location during the previous 26 consecutive year. The report shall be kept on file and 27 used by the governing body of the local authority in 28 evaluating the effectiveness of the automated traffic 29 law enforcement program in improving public safety. 30 Sec. 3. EXISTING AUTOMATED TRAFFIC LAW 31 ENFORCEMENT SYSTEMS —— VALIDITY OF PRIOR NOTICES AND 32 CITATIONS. Notices mailed or citations issued of 33 violations committed prior to the effective date of 34 this Act, pursuant to a local ordinance authorizing the 35 use of an automated traffic law enforcement system, 36 shall not be invalidated by the enactment of this Act 37 and shall be processed according to the provisions of 38 the law under which they were authorized. > 39 2. Title page, line 1, by striking < prohibiting > 40 and inserting < relating to > 41 3. Title page, by striking line 2 and inserting 42 < systems. > 43 4. By renumbering as necessary. 44 ______________________________ WENTHE of Fayette -3- HF2450.5527 (2) 84 dea/rj 3/ 4 #2. #3. #4.