H.F. 2053 Section 1. NEW SECTION . 321.296 Speed limit enforcement in 1 work zones —— photo traffic enforcement. 2 The department of public safety, in cooperation with 3 the department of transportation, shall place photo traffic 4 enforcement devices in all road work zones on primary highways 5 to enforce violations of the posted speed limits in the road 6 work zones. 7 1. For purposes of this section, “photo traffic enforcement 8 device” means a device used primarily for highway speed 9 limit enforcement, substantially consisting of a low-powered 10 Doppler radar unit and camera which automatically produces a 11 photograph of a vehicle, including the vehicle’s registration 12 plate, traveling in excess of the legal speed limit, with the 13 vehicle’s speed and the date, time of day, and location of the 14 violation printed on the photograph. 15 2. The department of transportation shall post signs 16 providing notice to motorists in every road work zone where a 17 photo traffic enforcement device is in use. 18 3. If a peace officer of the department of public safety 19 determines from examination of the evidence produced by a 20 photo traffic enforcement device that a speeding violation 21 occurred in a road work zone, the peace officer may initiate an 22 investigation not more than seven calendar days after the date 23 of the violation. The peace officer may request that the owner 24 of the vehicle supply information identifying the driver of the 25 vehicle in accordance with section 321.484, or in the case of a 26 commercial motor vehicle, the peace officer may request that 27 the employer of the driver provide information identifying the 28 driver of the vehicle. 29 a. If, from the investigation, the peace officer is able to 30 identify the driver of the vehicle and has reasonable cause to 31 believe a speeding violation has occurred, the peace officer 32 shall prepare a uniform traffic citation for the violation and 33 shall serve it personally or by certified mail on the driver 34 of the vehicle. 35 -1- LSB 5142YH (4) 83 dea/nh 1/ 4

H.F. 2053 b. If, from the investigation, the peace officer has 1 reasonable cause to believe that a speeding violation occurred 2 but is unable to identify the driver, the peace officer shall 3 serve a uniform traffic citation for the violation on the 4 owner of the motor vehicle or, in the case of a commercial 5 motor vehicle, on the employer of the driver. Notwithstanding 6 section 321.484, in a proceeding where the peace officer who 7 conducted the investigation was not able to identify the driver 8 of the motor vehicle, proof that the motor vehicle captured on 9 camera and described in the uniform traffic citation was used 10 to commit the speeding violation in a road work zone, together 11 with proof that the defendant named in the citation was the 12 owner of the motor vehicle or, in the case of a commercial 13 motor vehicle, the employer of the driver, at the time the 14 violation occurred, constitutes a permissible inference 15 that the owner or employer was the person who committed the 16 violation. 17 c. For purposes of this subsection, “owner” means a person 18 who holds the legal title to a motor vehicle; however, if the 19 motor vehicle is the subject of a security agreement with a 20 right of possession in the debtor, the debtor shall be deemed 21 the owner for purposes of this subsection, or if the motor 22 vehicle is leased as defined in section 321.493, the lessee 23 shall be deemed the owner for purposes of this subsection. 24 4. A photograph that meets the requirements of subsection 25 1 shall be accepted as prima facie evidence of the speeding 26 violation in any legal proceeding where the speed of the motor 27 vehicle is at issue. 28 Sec. 2. Section 321.484, subsection 2, Code 2009, is amended 29 to read as follows: 30 2. If a peace officer as defined in section 801.4 has 31 reasonable cause to believe the driver of a motor vehicle has 32 violated section 321.261, 321.262, 321.264, 321.341, 321.342, 33 321.343, 321.344, or 321.372, or has committed a violation 34 recorded by a photo traffic enforcement device under section 35 -2- LSB 5142YH (4) 83 dea/nh 2/ 4

H.F. 2053 321.296, the officer may request any owner of the motor 1 vehicle to supply information identifying the driver. When 2 requested, the owner of the vehicle shall identify the driver 3 to the best of the owner’s ability. However, the owner of the 4 vehicle is not required to supply identification information 5 to the officer if the owner believes the information is 6 self-incriminating. 7 EXPLANATION 8 This bill requires the department of public safety, in 9 cooperation with the department of transportation, to place 10 photo traffic enforcement devices in all road work zones on 11 primary highways. Pursuant to current law, reduced speed 12 limits are posted in road work zones. Under the bill, the 13 department of transportation is also required to post signs in 14 road work zones on primary highways notifying motorists that 15 photo enforcement is in use. 16 The bill defines “photo traffic enforcement device” as a 17 device used primarily for highway speed limit enforcement, 18 substantially consisting of a low-powered Doppler radar unit 19 and camera which automatically produces a photograph of a 20 vehicle, including the vehicle’s registration plate, traveling 21 in excess of the legal speed limit, with the vehicle’s speed 22 and the date, time of day, and location of the violation 23 printed on the photograph. Under the bill, such a photograph 24 is to be accepted as prima facie evidence of a speeding 25 violation in any legal proceeding where the speed of the motor 26 vehicle is at issue. 27 When a peace officer of the department of public safety 28 who has reviewed the photographic evidence determines that a 29 speeding violation occurred, the peace officer may initiate an 30 investigation within seven days of the date of the violation. 31 The procedure to be followed mirrors the procedure in existing 32 law for prosecuting offenses relating to stopping for school 33 buses or at railroad crossings. 34 The peace officer may request that the owner of the vehicle 35 -3- LSB 5142YH (4) 83 dea/nh 3/ 4

H.F. 2053 supply information identifying the driver of the vehicle. If 1 the vehicle involved is a commercial vehicle, the peace officer 2 may ask the employer of the driver to provide information 3 identifying the driver. 4 Once the identity of the driver is known, and if the peace 5 officer still has reasonable cause to believe that a speeding 6 violation occurred in a work zone, the peace officer shall 7 issue a uniform traffic citation to the driver by personal 8 service or by certified mail. 9 If the peace officer is unable to identify the driver 10 but still has reasonable cause to believe that a violation 11 occurred, the peace officer shall serve a uniform traffic 12 citation on the owner of the vehicle or, in the case of a 13 commercial vehicle, on the employer of the driver. Proof 14 that the motor vehicle captured on camera and described in 15 the uniform traffic citation was used to commit the speeding 16 violation, together with proof that the defendant named in the 17 citation was the owner of the motor vehicle or the employer of 18 the driver at the time the violation occurred, constitutes a 19 permissible inference that the owner or employer was the person 20 who committed the violation. 21 For purposes of the bill, the owner of the vehicle is the 22 person who holds the legal title to the vehicle. If there is 23 a security interest in the vehicle, a debtor with a right of 24 possession is deemed to be the owner, and if the motor vehicle 25 is leased, the lessee is deemed to be the owner. 26 -4- LSB 5142YH (4) 83 dea/nh 4/ 4