House File 2118 H-8002 Amend House File 2118 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 321.1, Code 2017, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 5A. “Automated traffic law enforcement 6 system” means a device used for the enforcement of laws 7 regulating vehicular traffic and equipped with one or more 8 sensors working in conjunction with one of the following: 9 a. An official traffic-control signal, to produce recorded 10 images of motor vehicles entering an intersection against a red 11 signal light. 12 b. A speed measuring device, to produce recorded images of 13 motor vehicles traveling at a prohibited rate of speed. 14 c. A railroad grade crossing signal light, as described in 15 section 321.342, to produce recorded images of motor vehicles 16 violating the signal light. 17 d. Any official traffic-control device, if failure to comply 18 with the official traffic-control device constitutes a moving 19 violation under this chapter. 20 Sec. 2. NEW SECTION . 321.492C Automated traffic law 21 enforcement systems. 22 1. The department shall not place, operate, maintain, 23 or employ the use of any automated traffic law enforcement 24 system. The department shall not cause to be placed any 25 automated traffic law enforcement system except as provided in 26 this section or in rules adopted by the department under this 27 section. 28 2. a. A local authority, or another entity on a local 29 authority’s behalf, shall not operate an automated traffic law 30 enforcement system without approving the use of the system 31 following an established self-certification process. The 32 self-certification process shall include a justification report 33 meeting the requirements of paragraph “b” , which shall be 34 made readily available for the public to review, and a public 35 -1- HF2118.2825 (1) 87 ns/rh 1/ 8 #1.
hearing at which the local authority shall provide evidence 1 of a demonstrated safety need for the automated traffic law 2 enforcement system. Notice of the date, time, and place of 3 the hearing shall be published in the manner described in 4 section 362.3. A public hearing may address several locations 5 at which a local authority intends to place an automated 6 traffic law enforcement system. However, a local authority 7 shall adopt an ordinance approving the use of an automated 8 traffic law enforcement system for each location at which the 9 local authority operates a fixed or mobile automated traffic 10 law enforcement system. A local authority may approve the 11 operation of an automated traffic law enforcement system 12 only if the system is located in a documented high-crash or 13 high-risk location at which there is a demonstrated safety 14 need for the system. The local authority shall demonstrate 15 the safety need for the system based on the volume of traffic, 16 the history of motor vehicle accidents, the frequency and type 17 of traffic violations, the risk to peace officers employing 18 traditional traffic enforcement methods, any additional 19 information required in the justification report, and any other 20 safety criteria deemed appropriate by the local authority. 21 These requirements shall apply for each location at which a 22 local authority, or another entity on a local authority’s 23 behalf, operates a fixed or mobile automated traffic law 24 enforcement system. 25 b. A justification report shall provide all necessary 26 information and documentation to demonstrate whether an area is 27 a high-crash or high-risk location and shall include but not be 28 limited to documentation regarding all the following: 29 (1) Existing traffic speeds, posted speed limits, 30 traffic volumes, and intersection or roadway geometry. Such 31 documentation shall provide assurance that existing speed 32 limits and official traffic-control signal timings are 33 appropriate and shall describe how the limits and timings were 34 established. 35 -2- HF2118.2825 (1) 87 ns/rh 2/ 8
(2) The applicable motor vehicle accident history, the 1 primary accident types, accident causes, accident severity, and 2 the history of any related traffic violations. Only accidents 3 attributable to violating the speed limit or an official 4 traffic-control signal shall be included in this report. Such 5 documentation shall compare accident data with data from other 6 similar locations within the local authority’s jurisdiction, 7 other similar jurisdictions, and larger metropolitan areas. 8 (3) The identification of critical traffic safety issues 9 related to the data required by subparagraphs (1) and (2), 10 including a comprehensive list of solutions that may address 11 the critical traffic safety issues. 12 (4) Solutions or safety countermeasures that the local 13 authority has implemented along with those that the local 14 authority has considered but not implemented. These may 15 include solutions relating to law enforcement, engineering, 16 public education campaigns, or other safety countermeasures. 17 (5) Discussions held and actions taken by the local 18 authority with any partnering entities that have resources 19 which could aid in the reduction of accidents attributable 20 to violating the speed limit or an official traffic-control 21 signal. 22 (6) The reason or reasons the local authority believes an 23 automated traffic law enforcement system is the best solution 24 to address the critical traffic safety issues. 25 c. A local authority, or another entity on a local 26 authority’s behalf, shall not operate an automated traffic law 27 enforcement system without posting signage meeting all of the 28 following requirements: 29 (1) For a fixed automated traffic law enforcement system, 30 permanent signs advising drivers that the system is in place 31 shall be posted in clear and present view of passing drivers in 32 advance of the location where the system is in use. 33 (2) For a mobile automated traffic law enforcement system, 34 temporary or permanent signs advising drivers that the system 35 -3- HF2118.2825 (1) 87 ns/rh 3/ 8
is in place shall be posted in clear and present view of 1 passing drivers in advance of the location where the system is 2 in use. 3 (3) The signage conforms to the manual on uniform 4 traffic-control devices as adopted by the department. 5 d. A local authority, or another entity on a local 6 authority’s behalf, shall not issue a citation resulting from 7 the use of an automated traffic law enforcement system until 8 an active peace officer of the local authority has reviewed 9 the citation and any relevant recorded images produced by the 10 system. 11 e. The amount of the fine or civil penalty imposed by a 12 citation resulting from the use of an automated traffic law 13 enforcement system shall not exceed the amount of the fine for 14 a scheduled violation under section 805.8A for the same or a 15 similar violation of this chapter. 16 f. An automated traffic law enforcement system working 17 in conjunction with a speed measuring device or official 18 traffic-control signal shall comply with the generally accepted 19 procedures for operating the system. An automated traffic law 20 enforcement system shall verify its internal calibrations on a 21 daily basis. If the daily internal calibration is not valid, 22 the system shall not operate until a successful calibration 23 is subsequently conducted. In addition to the daily internal 24 calibration, a monthly calibration shall be conducted by a 25 person trained in the calibration of the system. A person 26 trained in the calibration of a mobile automated traffic law 27 enforcement system shall also conduct a calibration prior to 28 the use of the mobile system after any change in location. 29 A local authority, or another entity on a local authority’s 30 behalf, operating an automated traffic law enforcement 31 system shall maintain a monthly log detailing whether the 32 local authority or entity successfully performed the daily 33 and monthly calibrations. The log and documentation of the 34 calibrations shall be admissible in any court proceeding 35 -4- HF2118.2825 (1) 87 ns/rh 4/ 8
relating to an official traffic-control signal violation 1 pursuant to section 321.257 or a speed limit violation pursuant 2 to section 321.285. 3 g. A local authority shall maintain or compile records 4 relating to the number of traffic violations and number 5 of traffic accidents for all locations at which the local 6 authority, or another entity on a local authority’s behalf, 7 operates or intends to operate an automated traffic law 8 enforcement system. Such records shall be maintained or 9 compiled by the local authority for one year prior to the 10 installation of the automated traffic law enforcement system 11 and for each year the automated traffic law enforcement 12 system is in operation. Such records shall be available for 13 examination to the same extent allowed in section 22.2. A 14 local authority with an automated traffic law enforcement 15 system operating within its jurisdiction shall file an annual 16 report with the general assembly on or before December 31 of 17 each year detailing the effectiveness of each automated traffic 18 law enforcement system operating within its jurisdiction. An 19 annual report shall include the justification report described 20 in paragraph “b” and shall also include but not be limited to 21 information relating to increases or decreases in the number of 22 speed limit violations, violations of official traffic-control 23 signals, and traffic accidents. 24 h. Prior to a local authority placing an automated traffic 25 law enforcement system on a primary road, the local authority 26 shall obtain approval from the department in accordance 27 with rules adopted by the department. A local authority 28 shall submit to the department any information requested by 29 the department during the approval process. If the local 30 authority’s use of the system is approved by the department, 31 the local authority shall follow the requirements set forth 32 in rules adopted by the department. The department may 33 modify its rules relating to automated traffic law enforcement 34 systems to the extent necessary to ensure automated traffic 35 -5- HF2118.2825 (1) 87 ns/rh 5/ 8
law enforcement systems are operated in a safe and equitable 1 manner. This paragraph “h” shall not apply to an automated 2 traffic law enforcement system approved or allowed to operate 3 in accordance with rules adopted by the department and in 4 operation prior to January 1, 2017. A local authority may 5 continue to operate such a system in the same manner as the 6 system was operated prior to January 1, 2017. However, after a 7 local authority discontinues operation of such a system, any 8 new manner of operation or new system operated by the local 9 authority shall comply with this paragraph “h” . The department 10 shall have the authority to annually review all automated 11 traffic law enforcement systems placed on primary roads and 12 shall have the authority to require removal or modification of 13 such systems. 14 i. A local authority shall designate a process by which 15 a person may appeal a citation issued through the use of an 16 automated traffic law enforcement system, which at a minimum 17 shall provide for all of the following: 18 (1) An appeal to an impartial body created by the local 19 authority to review citations issued through the use of 20 automated traffic law enforcement systems. 21 (2) Following a decision from the impartial body that is 22 adverse to the person, an appeal to the district court, sitting 23 in small claims, of the county in which the local authority is 24 located. 25 j. (1) A local authority shall authorize a petition process 26 by which citizens within the local authority may petition for 27 the removal of a fixed automated traffic law enforcement system 28 or the disapproval of a location approved for the use of mobile 29 automated traffic law enforcement systems in accordance with 30 this section. Petitions under this paragraph “j” shall be 31 specific to one fixed system or one location approved for the 32 use of mobile systems. 33 (2) If the local authority is a city, a petition brought 34 under this paragraph “j” is valid if it is signed by a number 35 -6- HF2118.2825 (1) 87 ns/rh 6/ 8
of eligible electors of the city equal to or greater than ten 1 percent of the number of persons who voted in the last regular 2 city election. The petition shall include the signatures of 3 the petitioners, the places of residence of the petitioners, 4 and the date on which the petitioners signed the petition. 5 (3) If the local authority is a county, a petition brought 6 under this paragraph “j” is valid if it is signed by a number 7 of eligible electors of the county equal to or greater than 8 ten percent of the number of votes cast in the county in the 9 last presidential election. The petition shall include the 10 signatures of the petitioners, the places of residence of the 11 petitioners, and the date on which the petitioners signed the 12 petition. 13 (4) If a petition is valid as provided in this paragraph 14 “j” , the city council or county board of supervisors, as 15 applicable, shall vote on whether to repeal the ordinance 16 allowing the operation of the fixed system or approving the 17 location for the use of mobile systems. 18 (5) If a city council or county board of supervisors has 19 voted pursuant to subparagraph (4), a new petition for the same 20 fixed system or the same location approved for use of mobile 21 systems shall not be valid for three years after the date of 22 the vote. 23 k. A local authority that operates an automated traffic 24 law enforcement system in violation of this section shall be 25 precluded from operating any automated traffic law enforcement 26 system for a period of two years. A citizen residing within 27 the jurisdiction of a local authority which violates this 28 section shall be allowed to file suit to enjoin the local 29 authority from operating an automated traffic law enforcement 30 system in accordance with this paragraph “k” . 31 3. All moneys collected by a local authority from citations 32 issued as a result of the use of an automated traffic law 33 enforcement system, less the amount necessary for the 34 installation, operation, and maintenance of the automated 35 -7- HF2118.2825 (1) 87 ns/rh 7/ 8
traffic law enforcement system, shall be deposited in the 1 account or accounts maintained by the local authority for 2 moneys appropriated to the local authority from the secondary 3 road fund or street construction fund of the cities, or shall 4 be deposited in any account and used for the purposes of public 5 safety. This subsection shall not apply to moneys collected 6 for court costs or other associated costs, the criminal penalty 7 surcharge required by section 911.1, or the county enforcement 8 surcharge required by section 911.4, as applicable. > 9 2. Title page, by striking lines 1 through 3 and inserting 10 < An Act regulating the use of automated traffic law enforcement 11 systems, and providing a penalty. > 12 3. By renumbering as necessary. 13 ______________________________ CARLSON of Muscatine -8- HF2118.2825 (1) 87 ns/rh 8/ 8 #2. #3.