H.F. 629 Section 1. NEW SECTION . 321P.1 Definitions. 1 As used in this chapter: 2 1. “Automated enforcement” means the use of automated 3 traffic enforcement systems for enforcement of laws regulating 4 vehicular traffic. 5 2. “Automated traffic enforcement system” means a system 6 that operates in conjunction with an official traffic-control 7 signal, as described in section 321.257, or a speed-measuring 8 device to produce recorded images of vehicles being operated 9 in violation of traffic laws. 10 3. “Department” means the state department of 11 transportation. 12 4. “High-crash location” means a location where data 13 indicates a greater frequency or higher rate of crashes 14 when compared with other similar locations within the local 15 jurisdiction, other like jurisdictions, or larger metropolitan 16 areas. 17 5. “High-risk location” means a location where the safety of 18 citizens or law enforcement officers would be at higher risk 19 through conventional enforcement methods. 20 6. “Local jurisdiction” means a city or county. 21 Sec. 2. NEW SECTION . 321P.2 Applicability —— department 22 approval required —— use by department prohibited. 23 1. This chapter applies only to local jurisdictions using 24 or planning to use automated enforcement on the primary road 25 system. 26 2. A local jurisdiction shall obtain approval from the 27 department prior to using an automated traffic enforcement 28 system on the primary road system. 29 3. The department shall not own or operate any automated 30 traffic enforcement system. 31 4. The department shall not receive any financial payment 32 from any automated traffic enforcement system owned or operated 33 by a local jurisdiction. 34 Sec. 3. NEW SECTION . 321P.3 Use of automated traffic 35 -1- LSB 2142HV (1) 90 th/ns 1/ 8

H.F. 629 enforcement systems. 1 1. A local jurisdiction shall explore and implement other 2 engineering and enforcement solutions before considering 3 automated enforcement. 4 2. A local jurisdiction shall consider implementing 5 automated enforcement only in extremely limited situations on 6 interstate roads. 7 3. A local jurisdiction shall only consider automated 8 enforcement in areas with a documented high-crash or high-risk 9 location in any of the following areas: 10 a. An area or intersection with a significant history 11 of crashes which can be attributed to persons disobeying an 12 official traffic-control signal or exceeding the posted speed 13 limit. 14 b. A school zone, as described in section 321.249. 15 Sec. 4. NEW SECTION . 321P.4 Justification report. 16 1. A local jurisdiction that intends to implement automated 17 enforcement shall provide a justification report to the 18 department by submitting a request and the justification report 19 to the appropriate district engineer. A licensed, professional 20 engineer knowledgeable in traffic safety shall sign the 21 justification report. 22 2. The justification report must provide all necessary 23 information and documentation to clearly define the area where 24 use of automated enforcement is intended, provide evidence 25 documenting why the area is a high-crash or high-risk location, 26 and describe the process used to justify the need for automated 27 enforcement. 28 3. The justification report must include but is not limited 29 to all of the following information: 30 a. Existing traffic speeds, posted speed limits, traffic 31 volumes, and intersection or roadway geometry, as applicable, 32 information ensuring that the existing speed limits and traffic 33 signal timings are appropriate, and detailing how such speed 34 limits and signal timings were established. 35 -2- LSB 2142HV (1) 90 th/ns 2/ 8

H.F. 629 b. Applicable crash history, the primary crash types, crash 1 causes, crash severity, and observed or ascertained traffic 2 violations. Only crashes attributable to violations of the 3 posted speed limit or official traffic-control signals shall be 4 included in the justification report. 5 c. A comparison of crash data with other similar locations 6 within the local jurisdiction, other like jurisdictions, and 7 larger metropolitan areas. 8 d. The critical traffic safety issues based on the data 9 provided pursuant to this subsection and a comprehensive list 10 of countermeasures that may reduce the critical traffic safety 11 issues. 12 e. Solutions or safety countermeasures that have been 13 implemented, along with those that have been considered but 14 not implemented, including but not limited to law enforcement 15 activities, engineering and design changes, and public 16 education campaigns. 17 f. Discussions held and actions taken with partnering 18 agencies that have resources which could aid in the reduction 19 of crashes attributable to violations of the posted speed limit 20 and official traffic-control signals. 21 g. Reasons the local jurisdiction believes automated 22 enforcement is the best solution to reduce the critical traffic 23 safety issues. 24 4. A local jurisdiction intending to implement a mobile 25 automated traffic enforcement system shall include all of the 26 following information with the justification report: 27 a. A description of the mobile automated traffic enforcement 28 system. 29 b. The proposed duration of use of a mobile automated 30 traffic enforcement system at each location and an indication 31 of where the unit will be physically placed relative to 32 the highway, including the roadway and its boundaries, such 33 as curbs, shoulders, medians, and other relevant location 34 characteristics. 35 -3- LSB 2142HV (1) 90 th/ns 3/ 8

H.F. 629 Sec. 5. NEW SECTION . 321P.5 Department review. 1 1. Within ninety days of receipt of the request and a 2 completed justification report, the department shall either 3 approve or deny specific automated enforcement locations in 4 the request. The department’s response time may be extended 5 if the collection of additional data is needed, such as 6 conducting a speed study. Incomplete justification reports 7 shall be returned to the local jurisdiction. The department 8 shall review the request and justification report, evaluate 9 the process used, and determine if the proposed automated 10 traffic enforcement system is needed and warranted. If an 11 automated enforcement request is approved, the department 12 shall prepare an agreement detailing the approved use of such 13 enforcement which must be signed by the department and the 14 local jurisdiction. 15 2. Upon receipt by the department of a request and a 16 completed justification report from a local jurisdiction, the 17 department shall include the information on the department’s 18 internet site. 19 Sec. 6. NEW SECTION . 321P.6 Systems installed, maintained, 20 and placed. 21 1. A local jurisdiction shall install and maintain an 22 automated traffic enforcement system in a safe manner and place 23 the system to ensure motorist safety by reducing the chances 24 of creating a potentially unsafe environment for motorists as 25 follows: 26 a. In a location where the system does not impede, 27 oppose, or interfere with free passage along the primary road 28 right-of-way. 29 b. In a location where the system does not create a visual 30 obstruction to passing motorists. 31 c. In a manner to avoid creating traffic backups or delays. 32 2. A local jurisdiction shall not place or park an automated 33 traffic enforcement system in any of the following locations: 34 a. On any shoulder or median of any interstate highway. 35 -4- LSB 2142HV (1) 90 th/ns 4/ 8

H.F. 629 b. Within fifteen feet of the outside traffic lane of any 1 interstate highway, unless shielded by a crashworthy barrier. 2 c. On the outside shoulder of any other primary road for 3 longer than forty-eight hours unless shielded by a crashworthy 4 barrier. 5 d. Within two feet of the back of the curb of a municipal 6 extension of any primary road. 7 e. Within the first one thousand feet of a change in speed 8 limit to a lower posted speed limit. 9 3. A local jurisdiction shall not place or operate an 10 automated traffic enforcement system within the defined limits 11 of any road work zone, as defined in section 321.1. 12 Sec. 7. NEW SECTION . 321P.7 Required signs. 13 1. A local jurisdiction shall post permanent signs in 14 advance of the locations where automated traffic enforcement 15 systems are in use to advise drivers that the area is monitored 16 by an automated traffic enforcement system. 17 2. A local jurisdiction shall post temporary or permanent 18 signs advising that vehicle speed is monitored by automated 19 enforcement in advance of an area monitored by a mobile 20 automated traffic enforcement system, as agreed to by the 21 department and the local jurisdiction. 22 3. A local jurisdiction using an automated traffic 23 enforcement system is authorized to post permanent signs on 24 primary access roads entering local jurisdictions that are 25 under automated enforcement. 26 4. All signs must be in accordance with the sign manual 27 adopted by the department. 28 Sec. 8. NEW SECTION . 321P.8 Enforcement. 29 1. A local jurisdiction shall use automated enforcement in 30 conjunction with conventional law enforcement methods, not as a 31 replacement for law enforcement officer contact. 32 2. If a local jurisdiction uses a mobile automated traffic 33 enforcement system, a law enforcement agency shall own the 34 vehicle equipped with the mobile automated traffic enforcement 35 -5- LSB 2142HV (1) 90 th/ns 5/ 8

H.F. 629 system and the vehicle must be marked with official decals and 1 have an “official” registration plate issued under section 2 321.19 affixed to the vehicle. 3 Sec. 9. NEW SECTION . 321P.9 Calibration. 4 An automated traffic enforcement system shall be calibrated 5 by a local law enforcement officer, trained in the use and 6 calibration of the system, at least quarterly for a fixed 7 system and prior to being used at any new location for a mobile 8 system. 9 Sec. 10. NEW SECTION . 321P.10 Evaluation, reporting, and 10 reevaluation. 11 1. A local jurisdiction with active automated enforcement 12 on a primary road shall evaluate the effectiveness of its use 13 annually. The evaluation shall do all of the following: 14 a. Address the reduction of vehicle speeds and the number of 15 official traffic-control signal violations, as applicable, for 16 those sites being monitored by automated enforcement. 17 b. Identify the number and type of crashes at the sites 18 being monitored, and compare the data for sites to the number 19 and type of crashes at the sites before automated enforcement 20 was implemented. The evaluation for a system that monitors an 21 intersection only requires the data for monitored approaches. 22 c. Evaluate and document the automated traffic enforcement 23 system’s effect on reducing the critical traffic safety issues 24 listed in the justification report. 25 d. Provide the total number of citations issued for each 26 calendar year that the automated traffic enforcement system has 27 been in operation. 28 e. Certify that the automated traffic enforcement system has 29 been calibrated in accordance with section 321P.9. 30 2. A local jurisdiction shall report the annual evaluation 31 to the department’s office of traffic and safety on or before 32 May 1 each year, beginning on the first May 1 following a full 33 calendar year with automated enforcement implemented, and the 34 report shall be based on performance for the prior year. 35 -6- LSB 2142HV (1) 90 th/ns 6/ 8

H.F. 629 3. The department shall utilize information collected 1 from the annual evaluation reports from local jurisdictions 2 to assist in evaluating the continued need for such systems 3 at each location. The continued use of automated enforcement 4 is contingent on the effectiveness of the system, appropriate 5 administration of the system by the local jurisdiction, 6 continued compliance with this chapter, considering changes 7 in traffic patterns, infrastructure improvements, and 8 implementation of other identified safety countermeasures. 9 4. The department is authorized to require a local 10 jurisdiction to remove or modify an automated system in a 11 particular location. 12 Sec. 11. NEW SECTION . 321P.11 Appeals. 13 Notwithstanding chapter 17A, a local jurisdiction may 14 appeal a decision made by the department as part of this 15 chapter by submitting a written explanation of the issue and 16 any supporting information to the director of transportation. 17 Once the director receives the appeal, the director shall have 18 thirty days to respond. The director’s decision is final 19 agency action. 20 Sec. 12. NEW SECTION . 321P.12 Rules. 21 The department may adopt rules pursuant to chapter 17A as 22 necessary to implement this chapter. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 In 2014, the department of transportation (DOT) adopted 27 administrative rules authorizing and regulating the use of 28 automated traffic enforcement (ATE) systems on the primary road 29 system. After judicial review, the Iowa supreme court ruled 30 the DOT did not have authority to adopt rules regulating the 31 use of ATE systems. This bill codifies the previously adopted 32 DOT rules. 33 The bill applies only to automated enforcement used by 34 local jurisdictions on the primary road system. The DOT is 35 -7- LSB 2142HV (1) 90 th/ns 7/ 8

H.F. 629 prohibited from using automated enforcement or receiving 1 related payments from local jurisdictions. 2 Under the bill, a city or county (local jurisdiction) 3 seeking to use automated enforcement is required to receive 4 approval from the DOT. A local jurisdiction is required to 5 submit a justification report, detailing the need for automated 6 enforcement based on factors described in the bill. The DOT 7 must approve or deny a local jurisdiction’s request within 90 8 days, unless additional time is needed to gather more data or 9 conduct a speed study. If the DOT approves a request, the 10 DOT must prepare an agreement which must be signed by the 11 department and the local jurisdiction. 12 The bill requires ATE systems to be installed and maintained 13 in a safe manner and limits the locations on or along a roadway 14 where the ATE system is permitted to be installed. The ATE 15 systems must be calibrated quarterly, and if a mobile ATE 16 system is used, it must be calibrated before each use at a 17 new location. Local jurisdictions are required to post signs 18 in advance of locations where ATE systems are used to advise 19 drivers of such systems. 20 Each year, a local jurisdiction that uses automated 21 enforcement must evaluate the effectiveness of the ATE system 22 and report its findings to the DOT on or before May 1. The 23 DOT must review the annual reports and determine whether 24 continued use of automated enforcement is justified. The DOT 25 is authorized to require a local jurisdiction to remove or 26 modify an ATE system in a particular location. 27 A local jurisdiction may appeal a decision made by the 28 DOT by submitting a written explanation of the issue and any 29 supporting information to the director of the DOT. Once the 30 director receives the appeal, the director has 30 days to 31 respond. The director’s decision is final agency action. 32 Automated enforcement must be used in conjunction with 33 conventional law enforcement methods, not as a replacement for 34 law enforcement officer contact. 35 -8- LSB 2142HV (1) 90 th/ns 8/ 8