House Study Bill 93 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON TJEPKES) A BILL FOR An Act relating to the use of automated traffic enforcement 1 systems. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2254YC (10) 84 dea/rj

H.F. _____ Section 1. Section 321.1, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 95. “Automated traffic enforcement system” 3 means a device with one or more sensors working in conjunction 4 with at least one of the following: 5 a. An official traffic-control signal, to produce recorded 6 images of motor vehicles entering an intersection against a 7 flashing red or steady circular red light. 8 b. An official traffic-control signal at a railroad grade 9 crossing, as described in section 321.342, to produce recorded 10 images of vehicles violating a flashing red or steady circular 11 red light. 12 c. A speed measuring device, to produce recorded images of 13 motor vehicles travelling at a prohibited rate of speed. 14 Sec. 2. NEW SECTION . 321.5A Automated traffic enforcement 15 systems. 16 The state or a local authority shall not use an automated 17 traffic enforcement system except as provided in this section. 18 1. A local authority may by ordinance authorize the use of 19 automated traffic enforcement systems to detect violations of 20 posted speed limits or official traffic-control signals which 21 constitute municipal or county infractions. 22 2. A local authority using one or more automated traffic 23 enforcement systems shall erect a sign providing notice of the 24 use of automated traffic enforcement at that point on every 25 highway that intersects the jurisdictional limits of the local 26 authority. A sign shall also be posted by the local authority 27 on each road on the approach to the next speed limit zone or 28 official traffic-control signal on that road where an automated 29 traffic enforcement system is in use. 30 3. Recorded images produced by an automated traffic 31 enforcement system evidencing a violation of a posted speed 32 limit or an official traffic-control signal shall be verified 33 by a peace officer of the law enforcement agency and certified 34 by the chief officer of the law enforcement agency or the 35 -1- LSB 2254YC (10) 84 dea/rj 1/ 3

H.F. _____ chief officer’s designee. A citation or simple notice of 1 a fine mailed or delivered to the registered owner of the 2 vehicle involved in the violation shall be accompanied by such 3 certification. 4 4. A local authority shall not establish a penalty in excess 5 of fifty dollars for a violation detected by an automated 6 traffic enforcement system. 7 Sec. 3. EXISTING AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS —— 8 VALIDITY OF PRIOR NOTICES AND CITATIONS. Notices mailed or 9 citations issued of violations committed prior to the effective 10 date of this Act, pursuant to a local ordinance authorizing the 11 use of an automated traffic enforcement system, shall not be 12 invalidated by the enactment of this Act and shall be processed 13 according to the provisions of the law under which they were 14 authorized. 15 EXPLANATION 16 This bill authorizes and restricts the use of automated 17 traffic enforcement (ATE) systems by state and local highway 18 authorities. 19 The bill defines “automated traffic enforcement system” as 20 a device with one or more sensors working in conjunction with 21 at least one of the following: an official traffic-control 22 signal at an intersection, an official traffic-control signal 23 at a railroad grade crossing, or a speed measuring device. An 24 ATE system records images of vehicles violating an associated 25 traffic-control signal or a speed limit. The definition 26 includes within its scope devices known as “red light cameras” 27 and “speed cameras”. 28 The bill authorizes the use of ATE systems in conjunction 29 with official traffic-control signals or for the enforcement 30 of speed limits pursuant to municipal or county ordinance. A 31 local authority using one or more ATE systems is required to 32 provide notice of the use of ATE by posting signs on highways 33 intersecting the jurisdictional limits of the local authority. 34 In addition, signs must be posted on each road on the approach 35 -2- LSB 2254YC (10) 84 dea/rj 2/ 3

H.F. _____ to the next speed limit zone or traffic-control signal on that 1 road where an ATE system is in use. 2 Before a notice of a fine or a citation is mailed or 3 delivered to the owner of a motor vehicle, the recorded 4 image evidencing the violation must be verified by a peace 5 officer of the law enforcement agency and certified by the 6 chief law enforcement officer or the officer’s designee. The 7 bill provides that a fine imposed by a local authority for a 8 violation detected by an ATE system shall not exceed $50. 9 The bill provides that notices mailed or citations issued of 10 violations committed prior to the effective date of the bill, 11 pursuant to a local ordinance, are not invalidated by the bill 12 and remain enforceable. 13 -3- LSB 2254YC (10) 84 dea/rj 3/ 3