Relating to traffic violations and enforcement, including the use of an electronic device while driving and the use of automated or remote systems for traffic law enforcement, providing penalties, making penalties applicable, and including effective date provisions

The bill authorizes persons to use an electronic device in a voice-activated or hands-free mode, with the speaker phone function engaged, while holding the phone in close proximity to the person’s ear, or for navigation purposes. The bill excludes certain persons from the prohibition, including a person reporting an emergency situation, a utility maintenance employee or contractor responding to an emergency, power outage, or circumstance that affects the health or safety of individuals, a person operating a commercial motor vehicle while using a mobile data terminal that transmits and receives data, and a person storing an electronic device in a holster, harness, or article of clothing on the person’s body.276 a moving violation.555). However, a peace officer is required to issue a warning memorandum in lieu of a citation for violations that occur during the period between the effective date of the bill and January 1, 2025.276 from $45 to $150, and further increases the penalty for a second ($250) and a third or subsequent ($500) violation within two years. In addition, the department of transportation (DOT) may suspend a person’s driver’s license for up to days. However, the bill allows a person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the DOT in lieu of the penalties. To be eligible, the person must notify the clerk of court prior to the date of the person’s court appearance that the person intends to attend and successfully complete a driver improvement program, and must submit to the clerk of court written verification that the person completed the program, signed by the instructor of the program, within days of the violation. If a person notifies the clerk of court of the person’s intent to complete the program but fails to submit the required verification of completion within days, the person is subject to the penalties.482A, if a person is convicted for a violation and the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than days, or both. If a person is convicted for a violation and the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.482A.276 as amended by the bill.276 as amended by the bill applicable to such persons. AUTOMATED TRAFFIC ENFORCEMENT PROHIBITED. On and after July 1, 2025, the bill prohibits the state or a local authority from placing or causing to be placed on or adjacent to a highway, or maintaining or employing the use of, any automated or remote system for traffic law enforcement (ATE system). The bill also prohibits the department of transportation and the department of public safety from providing information used to impose or collect a civil penalty that results from a violation captured by an ATE system through an existing interstate compact agreement unless the agreement specifically allows or requires that information to be shared or provided for that specific purpose. The bill defines “automated or remote system for traffic law enforcement” to mean a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means. The bill requires that prior to July 1, 2025, a local authority using an ATE system must discontinue using the system and remove the system equipment. On and after July 1, 2025, all local ordinances authorizing the use of ATE systems are void. However, the bill provides that any citation issued or mailed pursuant to such an ordinance prior to July 1, 2025, is not invalidated by the bill and must be processed according to the provisions of law under which the citation was authorized.