House File 2681 H-8285 Amend House File 2681 as follows: 1 1. Page 5, after line 34 by inserting: 2 < Sec. ___. NEW SECTION . 321P.9 Prompt investigation of 3 reported violation —— citation issued to driver. 4 1. A peace officer of a local jurisdiction using an 5 automated traffic enforcement system shall promptly investigate 6 a detected excessive-speed violation to identify the driver of 7 the vehicle used to commit the violation detected by automated 8 enforcement. 9 2. a. If, from the investigation, the peace officer has 10 reasonable cause to believe an excessive-speed violation has 11 occurred, the peace officer shall prepare a uniform citation 12 and complaint pursuant to chapter 805 for the violation and 13 shall serve it personally to the driver of the vehicle not more 14 than seventy-two hours after the violation occurs. 15 b. A peace officer may contact the owner of a motor 16 vehicle used to commit an excessive-speed violation detected 17 by automated enforcement and request that the owner supply 18 information identifying the driver in accordance with section 19 321.484. When requested, the owner of the vehicle shall 20 identify the driver to the best of the owner’s ability. 21 However, the owner of the vehicle is not required to supply 22 identification information to the officer if the owner believes 23 the information is self-incriminating. The owner of a vehicle 24 shall not be held responsible for a violation if the owner was 25 not the driver. 26 c. A peace officer who makes personal contact with the owner 27 of a motor vehicle that was used to commit an excessive-speed 28 violation detected by automated enforcement shall arrive at the 29 owner’s location in an authorized emergency vehicle, whether 30 marked or unmarked. 31 3. A citation for a violation detected by automated 32 enforcement issued not in accordance with this section is void 33 and unenforceable, including but not limited to issuing a 34 citation for a civil infraction by mail. 35 -1- HF 2681.4035 (2) 90 th/ns 1/ 2 #1.
4. For purposes of this section, “owner” means a person who 1 holds the legal title to a motor vehicle; however, if the motor 2 vehicle is the subject of a security agreement with a right of 3 possession in the debtor, the debtor shall be deemed the owner 4 for purposes of this section, or if the motor vehicle is leased 5 as defined in section 321.493, the lessee shall be deemed the 6 owner for purposes of this section. > 7 2. Page 5, line 35, by striking < 321P.9 > and inserting 8 < 321P.10 > 9 3. Page 6, line 6, by striking < 321P.10 > and inserting 10 < 321P.11 > 11 4. Page 6, line 25, by striking < 321P.9 > and inserting 12 < 321P.10 > 13 5. Page 7, line 8, by striking < 321P.11 > and inserting 14 < 321P.12 > 15 6. Page 7, line 16, by striking < 321P.12 > and inserting 16 < 321P.13 > 17 7. By renumbering as necessary. 18 ______________________________ WILLS of Dickinson -2- HF 2681.4035 (2) 90 th/ns 2/ 2 #2. #3. #4. #5. #6. #7.