House
Study
Bill
161
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
THOMPSON)
A
BILL
FOR
An
Act
relating
to
the
use
of
automated
traffic
enforcement
1
systems
on
the
primary
road
system.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2142YC
(3)
90
th/ns
H.F.
_____
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
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8
H.F.
_____
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
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2142YC
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8
H.F.
_____
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
2142YC
(3)
90
th/ns
3/
8
H.F.
_____
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
2142YC
(3)
90
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4/
8
H.F.
_____
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
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90
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8
H.F.
_____
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
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8
H.F.
_____
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
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90
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7/
8
H.F.
_____
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
2142YC
(3)
90
th/ns
8/
8