Amendment H-8285 to HF 2681
Relating to automated traffic systems, including for traffic law enforcement and for capture of registration plate images, providing penalties, and including effective date provisions
Ruled out of order · April 9, 2024
Filed April 9, 2024 in the House by
What it changes
- Page 5, after line 34 by inserting: “Sec. ___. NEW SECTION . 321P.9 Prompt investigation of reported violation —— citation issued to driver.
- A peace officer of a local jurisdiction using an automated traffic enforcement system shall promptly investigate a detected excessive-speed violation to identify the driver of the vehicle used to commit the violation detected by automated enforcement.
- a. If, from the investigation, the peace officer has reasonable cause to believe an excessive-speed violation has occurred, the peace officer shall prepare a uniform citation and complaint pursuant to chapter 805 for the violation and shall serve it personally to the driver of the vehicle not more than seventy-two hours after the violation occurs. b. A peace officer may contact the owner of a motor vehicle used to commit an excessive-speed violation detected by automated enforcement and request that the owner supply information identifying the driver in accordance with section 321.484. When requested, the owner of the vehicle shall identify the driver to the best of the owner’s ability. However, the owner of the vehicle is not required to supply identification information to the officer if the owner believes the information is self-incriminating. The owner of a vehicle shall not be held responsible for a violation if the owner was not the driver. c. A peace officer who makes personal contact with the owner of a motor vehicle that was used to commit an excessive-speed violation detected by automated enforcement shall arrive at the owner’s location in an authorized emergency vehicle, whether marked or unmarked.
- A citation for a violation detected by automated enforcement issued not in accordance with this section is void and unenforceable, including but not limited to issuing a citation for a civil infraction by mail.
- For purposes of this section, “owner” means a person who holds the legal title to a motor vehicle; however, if the motor vehicle is the subject of a security agreement with a right of possession in the debtor, the debtor shall be deemed the owner for purposes of this section, or if the motor vehicle is leased as defined in section 321.493, the lessee shall be deemed the owner for purposes of this section.”
- Page 5, line 35, by striking “321P.9” and inserting “321P.10”
- Page 6, line 6, by striking “321P.10” and inserting “321P.11”
- Page 6, line 25, by striking “321P.9” and inserting “321P.10”
- Page 7, line 8, by striking “321P.11” and inserting “321P.12”
- Page 7, line 16, by striking “321P.12” and inserting “321P.13”
- By renumbering as necessary.