H.F. 334 Section 1. Section 321.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 95. “Automated traffic enforcement system” 3 means a system that operates in conjunction with an official 4 traffic-control signal, as described in section 321.257, 5 to photographically record a vehicle being driven into an 6 intersection in violation of the official traffic-control 7 signal, and is designed to obtain a photograph of a vehicle’s 8 license plate. “Automated traffic enforcement system” 9 also means a system that operates in conjunction with a 10 speed-measuring device to photographically record a vehicle 11 being driven at a prohibited rate of speed, and is designed to 12 obtain a photograph of the vehicle’s license plate. 13 Sec. 2. NEW SECTION . 321.240 Automated enforcement on 14 primary roads. 15 1. Definitions. As used in this section: 16 a. “Automated enforcement” refers to the use of automated 17 traffic enforcement systems for enforcement of laws regulating 18 vehicular traffic. 19 b. “High-crash location” means a location with a greater 20 than average frequency or higher than average rate of motor 21 vehicle collisions, as identified using traffic safety data. 22 c. “High-risk location” means a location where the safety of 23 law enforcement officers or other persons would be at a greater 24 risk if conventional traffic enforcement methods were used 25 instead of automated enforcement, as identified using traffic 26 safety data. 27 2. Mobile systems prohibited. On or after July 1, 2013, a 28 local authority shall not locate or operate a mobile automated 29 traffic enforcement system on a primary road. 30 3. Permit —— justification reports. On or after July 31 1, 2013, a local authority shall obtain a permit from the 32 department before installing a stationary automated traffic 33 enforcement system on a road in the primary road system, 34 including a municipal extension of a primary road. The 35 -1- LSB 2085YH (6) 85 dea/nh 1/ 7

H.F. 334 application for a permit shall be made to the district engineer 1 of the department for the district in which the local authority 2 is located in a manner determined by the department. The 3 application shall include a justification report providing 4 information relating to the proposed location for the 5 installation of an automated traffic enforcement system and 6 supporting evidence of the need for automated enforcement at 7 the identified location. 8 a. To qualify for a permit for the use of automated 9 enforcement on a primary road, an identified location must be a 10 high-crash location or a high-risk location that is one or more 11 of the following: 12 (1) An area where conventional enforcement is unsafe, 13 ineffective, or unable to adequately address traffic safety 14 needs. 15 (2) An area or intersection with a significant history of 16 accidents which can be attributed to traffic-control signal 17 violations or speeding. 18 (3) An intersection with a significant history of 19 traffic-control signal violations. 20 (4) A school zone. 21 (5) A road work zone. 22 (6) A location where operational issues create significant 23 problems and automated enforcement can help manage a more 24 orderly flow of traffic. 25 b. A justification report shall contain supporting data 26 used to identify the primary causes of traffic problems at a 27 location and potential countermeasures. Supporting data shall 28 include but not be limited to documentation of all of the 29 following, as applicable: 30 (1) Existing traffic speeds. 31 (2) Posted speed limits near the location. 32 (3) Locations of speed limit signs. 33 (4) Traffic volume. 34 (5) Intersection geometry. 35 -2- LSB 2085YH (6) 85 dea/nh 2/ 7

H.F. 334 (6) The number and type of motor vehicle violations 1 occurring at the location. 2 (7) Accident history for the location. 3 (8) Law enforcement measures already taken to address 4 problems at the location. 5 (9) Public education efforts undertaken. 6 c. A justification report shall document what engineering 7 and enforcement solutions have been implemented and why 8 additional countermeasures should not be considered or would 9 not be effective. The department shall not issue a permit 10 for the use of automated enforcement at a location unless 11 the department is satisfied that appropriate engineering and 12 enforcement solutions have been explored and implemented. 13 d. A justification report shall document any discussions the 14 local authority has had and any actions taken with partnering 15 agencies that have resources to aid in the reduction of 16 accidents at the identified location. 17 e. A justification report shall include certification from 18 the local authority that the existing speed limits and the 19 timing of traffic-control signals are appropriate and were 20 established according to accepted standards. 21 4. Requirements for use of automated enforcement on primary 22 roads. 23 a. A local authority that uses automated enforcement on a 24 primary road shall employ all of the following communication 25 strategies: 26 (1) Publish information identifying the location of each 27 automated traffic enforcement system used on a primary road by 28 the local authority. The information shall be published on a 29 public internet site sponsored by the local authority, and the 30 local authority shall communicate the location of the internet 31 site to the public and the local news media. 32 (2) The local authority shall provide at least three weeks’ 33 notice to the public of a new location on a primary road where 34 an automated traffic enforcement system will be installed prior 35 -3- LSB 2085YH (6) 85 dea/nh 3/ 7

H.F. 334 to installation. Such notice shall be provided on the local 1 authority’s internet site and by publication once each week 2 for three successive weeks in an official newspaper of the 3 county in which the automated traffic enforcement system will 4 be located. 5 (3) Only warning citations shall be issued for violations 6 detected by an automated traffic enforcement system on a 7 primary road during the thirty-day period immediately after the 8 automated traffic enforcement system becomes operational. 9 b. A local authority using automated enforcement shall 10 provide the following signage, which shall be in accordance 11 with the current manual on uniform traffic-control devices 12 adopted by the department: 13 (1) Permanent signs shall be posted on all primary roads 14 entering a municipality that uses automated enforcement on a 15 primary road. 16 (2) Signs shall be posted in advance of each location on a 17 primary road where an automated traffic enforcement system is 18 in use. 19 5. Annual evaluation. A local authority that uses automated 20 enforcement on primary roads shall annually evaluate the 21 effectiveness of the automated traffic enforcement systems. 22 The local authority shall submit a report to the department’s 23 office of traffic and safety on or before April 15 each year 24 following a full calendar year of automated traffic enforcement 25 system operation. The report shall be based on performance 26 for the previous calendar year, and shall include but not be 27 limited to the following: 28 a. Information addressing the impact of automated 29 enforcement on reducing vehicle speed or the number of 30 traffic-control signal violations at sites on primary roads 31 monitored by automated traffic enforcement systems. 32 b. The number and types of collisions at sites on primary 33 roads monitored by automated traffic enforcement systems, 34 including comparison data for previous years. For automated 35 -4- LSB 2085YH (6) 85 dea/nh 4/ 7

H.F. 334 enforcement at intersections, only the monitored approaches are 1 required to be included in the evaluation. 2 c. The total number of citations issued, fines assessed, 3 fines collected, costs incurred by the local authority to 4 operate and manage the automated traffic enforcement systems, 5 and any fees paid to vendors. 6 6. Continued monitoring by department. The department shall 7 use information collected from annual reports submitted by 8 local authorities to evaluate the continued need for automated 9 enforcement at each location identified in the reports. The 10 department may require removal or modification of an automated 11 traffic enforcement system at any location on a primary road 12 if the department determines that continued use of automated 13 enforcement at the location is no longer justified or that a 14 local authority is not providing proper administration of the 15 system. 16 7. Administrative rules. The department may adopt rules as 17 necessary to implement this section. 18 EXPLANATION 19 This bill provides for the regulation of the use of automated 20 traffic enforcement systems on primary roads. 21 The bill defines “automated enforcement” as the use of 22 automated traffic enforcement systems for enforcement of laws 23 regulating vehicular traffic. “Automated traffic enforcement 24 system” is defined as a system that operates in conjunction 25 with an official traffic-control signal or speed-measuring 26 device to photographically record a vehicle being driven into 27 an intersection in violation of the official traffic-control 28 signal or being driven at a prohibited rate of speed, and is 29 designed to obtain a photograph of the vehicle’s license plate. 30 The bill prohibits local authorities from locating or 31 operating mobile automated traffic enforcement systems on 32 primary roads on or after July 1, 2013. 33 The bill requires a local authority to obtain a permit from 34 the department of transportation prior to installing a new 35 -5- LSB 2085YH (6) 85 dea/nh 5/ 7

H.F. 334 stationary automated traffic enforcement system on a primary 1 road on or after July 1, 2013. The application shall be made 2 to the department’s district engineer, and shall include a 3 justification report relating to the proposed location of the 4 new system and supporting evidence of the need for automated 5 enforcement at the proposed location. The bill specifies 6 that permits will only be issued for high-crash or high-risk 7 locations, as defined in the bill. In addition, a qualifying 8 location must be an area where conventional enforcement is 9 unsafe, ineffective, or unable to address traffic safety 10 needs; an area with a significant history of accidents 11 attributable to traffic-control signal violations or speeding; 12 an intersection with a significant history of traffic-control 13 signal violations; a school zone; a road work zone; or a 14 location where operational issues create significant problems 15 and automated enforcement can help manage a more orderly flow 16 of traffic. 17 A justification report must also contain documentation of 18 existing traffic speeds and traffic volume, posted speed limits 19 and locations of signs, intersection geometry, number and type 20 of motor vehicle violations occurring at the location, accident 21 history for the location, law enforcement measures taken to 22 address problems at the location, and public education efforts 23 undertaken. 24 The bill provides that the department shall not issue a 25 permit for automated enforcement at a location on a primary 26 road unless the department is satisfied that appropriate 27 engineering and enforcement solutions have been explored and 28 implemented at the proposed location. The local authority 29 filing a justification report shall certify that the existing 30 speed limits and the timing of traffic-control signals are 31 appropriate and established according to accepted standards. 32 The bill contains requirements for the use of automated 33 traffic enforcement systems located on primary roads by 34 local authorities. The requirements apply to the ongoing 35 -6- LSB 2085YH (6) 85 dea/nh 6/ 7

H.F. 334 use of existing systems as well as to new systems installed 1 pursuant to a permit. A local authority is required to 2 publish information identifying the location of each automated 3 traffic enforcement system used on a primary road by the local 4 authority on an internet site sponsored by the local authority; 5 publish advance notice of each new primary road location where 6 an automated traffic enforcement system will be installed; and 7 issue only warning citations for violations detected during the 8 first 30 days of operation of a new system on a primary road. 9 The bill requires a local authority to provide permanent 10 signs on all primary roads entering a municipality that uses 11 automated enforcement on a primary road and signs posted in 12 advance of each location on a primary road where a fixed 13 automated traffic enforcement system is in use. The signage 14 must be in accordance with the current manual on uniform 15 traffic control devices adopted by the department by rule. 16 The bill requires local authorities to annually evaluate 17 the effectiveness of automated traffic enforcement systems 18 used on primary roads and submit an annual performance report 19 to the department. The department shall use information from 20 the reports to evaluate the continued need for automated 21 enforcement at locations identified in the reports. The 22 department may require the removal or modification of an 23 automated enforcement system at any location on a primary road 24 if the department determines that continued use of automated 25 enforcement at the location is no longer justified or that a 26 local authority is not providing proper administration of the 27 system. 28 The department may adopt rules to implement the provisions 29 of the bill. 30 -7- LSB 2085YH (6) 85 dea/nh 7/ 7