SF 21 (LSB 1579XS (3) 85)

SENATE FILE 21

BY  ZAUN

A BILL FOR

An Act relating to the use of automated traffic law enforcement systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  95.  “Automated traffic law enforcement system” means a device with one or more sensors working in conjunction with one of the following:
   a.  An official traffic-control signal, to produce recorded images of motor vehicles entering an intersection against a red signal light.
   b.  A speed measuring device, to produce recorded images of motor vehicles traveling at a prohibited rate of speed.
   c.  A railroad grade crossing signal light, as described in section 321.342, to produce images of vehicles violating the signal light.
   d.  Any official traffic-control device, if failure to comply with the official traffic-control device constitutes a moving violation under this chapter.
    Sec. 2.  NEW SECTION.  321.5A  Automated traffic law enforcement systems.
   The state shall not use an automated traffic law enforcement system. A local authority shall not use an automated traffic law enforcement system except as provided in this section.
   1.  A local authority may by ordinance authorize the use of automated traffic law enforcement systems to detect violations of posted speed limits or official traffic-control signals which constitute municipal or county infractions.
   2.  A local authority shall provide signage, in conformance with the uniform system adopted pursuant to section 321.252, giving notice of the use of an automated traffic law enforcement system on the approach to each location where an automated traffic law enforcement system is in use as follows:
   a.  A sign shall be posted on each road on the approach to the next traffic-control signal where an automated traffic law enforcement system is in use.
   b.  A sign shall be posted on the approach to the next speed limit zone on a road where an automated traffic law enforcement system is being used for speed limit enforcement.
   c.  A temporary sign shall be positioned or posted on the approach to each location where a mobile automated traffic law enforcement system is being used for speed limit enforcement.
   d.  A temporary or permanent sign giving notice of the use of an automated traffic law enforcement system for the enforcement of speed limits shall be positioned or posted at a distance in advance of the automated traffic law enforcement system which, in relation to the applicable speed limit, would provide adequate notice to a motor vehicle operator traveling at the speed limit before entering the range of the automated traffic law enforcement system.
   3.  Recorded images produced by an automated traffic law enforcement system evidencing a violation of a posted speed limit or an official traffic-control signal shall be reviewed by a peace officer of the local law enforcement agency to affirm that a violation occurred and the identity of the motor vehicle involved in the violation. If following the officer’s review, a notice of a fine or citation is issued to the owner of the motor vehicle involved in the violation, the following requirements apply:
   a.  An affidavit bearing the written or electronic signature of the peace officer shall be included on the notice or citation.
   b.  The notice or citation shall contain a statement, in bold type, regarding the process for appealing the fine.
   c.  The notice or citation shall be sent by ordinary mail to the owner of the motor vehicle involved not more than thirty days following the incident giving rise to the notice of a fine or citation, as evidenced by the postmark.
   4.  A local authority shall not charge the owner of a motor vehicle administrative costs in addition to any civil penalty imposed for a violation detected by an automated traffic law enforcement system. Civil penalties imposed for such violations shall not exceed the following amounts:

   a.  For a violation of an official traffic-control signal, fifty dollars.
   b.  For a violation of a speed limit, the amount of the fine established in section 805.8A for an equivalent speeding violation charged as a scheduled violation, subject to the limitation established in section 331.302, subsection 2, for violation of a county ordinance, or the limitation established in section 364.3, subsection 2, for violation of a city ordinance.
   5.  A local authority that uses an automated traffic law enforcement system shall file annually with the department of public safety a report comparing the type and rate of accidents that occurred at each location where an automated traffic law enforcement system was employed during the previous year to the type and rate of accidents at the same location during the previous consecutive year. The report shall be kept on file and used by the governing body of the local authority in evaluating the effectiveness of the automated traffic law enforcement program in improving public safety.
    Sec. 3.  EXISTING AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS —— VALIDITY OF PRIOR NOTICES AND CITATIONS.  Notices mailed or citations issued for violations committed prior to the effective date of this Act, pursuant to a local ordinance authorizing the use of an automated traffic law enforcement system, shall not be invalidated by the enactment of this Act and shall be processed according to the provisions of the law under which they were authorized.
EXPLANATION
   This bill authorizes and restricts the use of automated traffic law enforcement systems by state and local highway authorities.
   The bill defines “automated traffic law enforcement system” as a device with one or more sensors working in conjunction with one of the following:  an official traffic-control signal at an intersection, an official traffic-control signal at a railroad grade crossing, a speed measuring device, or any other official traffic control device if failure to comply with the device constitutes a moving violation. An automated traffic law enforcement system records images of vehicles violating an associated traffic-control signal or a speed limit. The definition includes within its scope devices known as “red light cameras” and “speed cameras”.
   The bill prohibits the use of automated traffic law enforcement systems by the department of transportation, but authorizes their use by local authorities in conjunction with official traffic-control signals or for the enforcement of speed limits pursuant to municipal or county ordinance.
   A local authority is required to post signs giving notice of the use of an automated traffic law enforcement system on the approach to each location where an automated traffic law enforcement system is in use. The signage must be in conformance with the uniform system adopted by the state. The bill specifies that signs giving notice of an automated traffic law enforcement system being used for speed limit enforcement must be positioned or posted at a distance in advance of the automated traffic law enforcement system which would provide adequate notice to a motor vehicle operator traveling at the speed limit before entering the range of the automated traffic law enforcement system.
   The bill requires that recorded images produced by an automated traffic law enforcement system showing a violation of a posted speed limit or an official traffic control signal must be reviewed by a peace officer of the local law enforcement agency to affirm that the violation occurred and the identity of the motor vehicle involved in the violation. A notice of a fine or citation issued to the owner of the motor vehicle must include an affidavit bearing the written or electronic signature of the peace officer and a statement, in bold type, regarding the process for appealing the fine. The notice or citation must be mailed to the owner within 30 days following the occurrence of the violation, as evidenced by the postmark.
   The bill imposes limits on the fine amounts that may be charged by a local authority for automated traffic law enforcement violations and prohibits a local authority from charging administrative costs in addition to a fine. The fine for a violation of an official traffic-control device is limited to $50. For a speeding violation, the fine cannot exceed the amount of the fine set out in Code section 805.8A for an equivalent speeding violation charged as a scheduled violation. Speeding fines are also subject to the limitation under current law, which restricts penalties for violation of a local ordinance to not more than the penalty for a simple misdemeanor, currently capped at $625.
   The bill requires a local authority using an automated traffic law enforcement system to file an annual report with the department of public safety comparing the type and rate of accidents that occurred at each automated traffic law enforcement system location for the two previous years. The report is to be kept on file by the local authority for use by its governing body in evaluating public safety improvements under the automated traffic law enforcement program.
   The bill provides that notices mailed or citations issued of violations committed prior to the effective date of the bill, pursuant to a local ordinance, are not invalidated by the bill and remain enforceable.