What changed in HF 2681

2 passages reworded, 63 added and 69 removed; 20 of 154 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

DIVISION I AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— AUTOMATIC REGISTRATION PLATE READERS

Section 1.

NEW SECTION. 321P.1 Definitions. As used in this chapter: chapter, unless the context otherwise requires:

1. “Automated enforcement” means the use of automated traffic enforcement systems for enforcement of laws regulating vehicular traffic.

1. “Automated or remote system for traffic law enforcement” or “system” means a camera or other optical device designed to work in conjunction with a speed measuring device to detect motor vehicles being operated in violation of the speed limit, the use of which results in the issuance of citations sent through the mail or by electronic means.

2. “Automated traffic enforcement system” means a system that operates in conjunction with a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic laws.

2. “Critical traffic safety issues” include traffic violations resulting in a traffic collision or accident and traffic collisions and accidents resulting in serious injury or death occurring at a location.

3. “Department” means the state department of transportation.

4. “High-crash location” means a location where data indicates a greater frequency or higher rate of crashes when compared with other similar locations within the local jurisdiction, other like jurisdictions, or larger metropolitan areas.

5. “High-risk location” means a location where the safety of citizens or law enforcement officers would be at higher risk through conventional enforcement methods.

6. “Local jurisdiction” means a city or county.

4. “Local authority” means a county or municipality having authority to adopt local police regulations under the Constitution of the State of Iowa and laws of this state.

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2.

NEW SECTION. 321P.2 Permit required —— local ordinances.

1. A person shall not use an automated or remote system for traffic law enforcement unless authorized under this chapter. A local authority shall not adopt, enforce, or otherwise administer an ordinance authorizing the use of a system, and shall not use a system, unless the local authority holds a valid permit to use a system at the system’s location. Notwithstanding section 331.302, subsection 6, and section 380.3, the governing body of a local authority that is considering an ordinance to authorize or implement traffic law enforcement by automated or remote systems shall not suspend the requirements of section 331.302, subsection 6, or section 380.3, as applicable.

2. A local authority may apply for a permit by submitting an application to the department in a manner determined by the department. The department may approve or disapprove the application for a permit based on the department’s determination that a system is appropriate and necessary and the least restrictive means to address the critical traffic safety issues at a location. The department shall only issue one permit for a local authority, which shall set forth all locations at which a local authority is authorized to use a system. A local authority may submit an application to the department to update the local authority’s permit with a new location in the same manner and with the same information as required for the initial permit. An application for a permit must contain all of the following for a location at which the local authority intends to operate a system:

a. Records detailing the number and description of traffic violations at the location, which shall be compiled and maintained by the local authority for at least one year prior to the installation of the system and for each year the system is in operation. The records shall be considered public records for purposes of chapter 22.

b. Records detailing the number and severity of traffic collisions and accidents occurring at the location.

NEW SECTION. 321P.2 Applicability —— department approval required —— use by department prohibited.

c. An analysis of existing traffic speed data, posted speed limits, traffic volume data, and intersection and roadway measurements of the location. The analysis must demonstrate to the department that existing speed restrictions are appropriate and must describe how the speed restrictions were established.

1. This chapter applies only to local jurisdictions using or planning to use automated enforcement on the primary road system.

d. The proposed cause of critical traffic safety issues at the location.

2. A local jurisdiction shall obtain approval from the department prior to using an automated traffic enforcement system on the primary road system.

e. Alternative methods to improve traffic safety at the location that the local authority has implemented or has considered but declined to implement. Alternative methods to improve traffic safety may include but are not limited to changes relating to law enforcement practices, roadway or intersection design, traffic control devices used, and public education campaigns.

3. The department shall not own or operate any automated traffic enforcement system.

f. Details of discussions, if any, held with an entity that has resources which may aid the reduction of traffic collisions and accidents caused at the location by failure to obey speed restrictions and subsequent actions taken by the local authority.

4. The department shall not receive any financial payment from any automated traffic enforcement system owned or operated by a local jurisdiction.

g. An explanation detailing the reasons that the use of a system at the location is appropriate and necessary and the least restrictive means to address the critical traffic safety issues.

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3.

NEW SECTION. 321P.3 Use of automated traffic enforcement systems. limited.

1. A local jurisdiction shall explore and implement other engineering and enforcement solutions before considering automated enforcement.

2. A local jurisdiction shall consider implementing automated enforcement only in extremely limited situations on interstate roads.

3. A local jurisdiction shall only consider automated enforcement in areas with a documented high-crash or high-risk location in any of the following areas:

1. A local authority shall not use an automated or remote system for traffic law enforcement to issue a citation for a traffic violation unless the violation is for exceeding the speed limit by more than ten miles per hour.

a. An area or intersection with a significant history of crashes which can be attributed to persons exceeding the posted speed limit.

2. A local authority with a population of twenty thousand or less based on the most recent federal decennial census shall not use a mobile system to issue a citation for a traffic violation. The department shall adopt rules pursuant to chapter 17A otherwise authorizing and regulating the operation of mobile systems, taking into consideration a mobile system’s mobility, flexible usage, and the needs of a local authority to control traffic speed to address critical traffic safety issues at a location. However, the rules shall not authorize the use of a mobile system other than in neighborhoods, construction zones, school zones, including collegiate zones, and locations where traffic enforcement is difficult or dangerous to enforce by alternative methods.

b. A school zone, as described in section 321.249.

3. A local authority, regardless of its population, may issue a warning memorandum to the owner of a vehicle that was operated in violation of a traffic law if the violation was detected by an automated or remote system for traffic law enforcement, including a mobile system.

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4.

NEW SECTION. 321P.4 Justification report.

1. A local jurisdiction that intends to implement automated enforcement shall provide a justification report to the department by submitting a request and the justification report to the appropriate district engineer. A licensed, professional engineer knowledgeable in traffic safety shall sign the justification report.

2. The justification report must provide all necessary information and documentation to clearly define the area where use of automated enforcement is intended, provide evidence documenting why the area is a high-crash or high-risk location, and describe the process used to justify the need for automated enforcement.

3. The justification report must include but is not limited to all of the following information:

a. Existing traffic speeds, posted speed limits, traffic volumes, and intersection or roadway geometry, information ensuring that the existing speed limits are appropriate, and detailing how such speed limits were established.

b. Applicable crash history, the primary crash types, crash causes, crash severity, and observed or ascertained traffic violations. Only crashes attributable to violations of the posted speed limit shall be included in the justification report.

c. A comparison of crash data with other similar locations within the local jurisdiction, other like jurisdictions, and larger metropolitan areas.

d. The critical traffic safety issues based on the data provided pursuant to this subsection and a comprehensive list of countermeasures that may reduce the critical traffic safety issues.

e. Solutions or safety countermeasures that have been implemented, along with those that have been considered but not implemented, including but not limited to law enforcement activities, engineering and design changes, and public education campaigns.

f. Discussions held and actions taken with partnering agencies that have resources which could aid in the reduction of crashes attributable to violations of the posted speed limit.

NEW SECTION. 321P.4 Automatic registration plate readers —— data retention limited.

g. Reasons the local jurisdiction believes automated enforcement is the best solution to reduce the critical traffic safety issues.

1. The operator of an automatic registration plate reader or any associated data storage device shall permanently delete from the plate reader and storage device, as applicable, every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, no later than thirty days after the image was captured.

4. A local jurisdiction intending to implement a mobile automated traffic enforcement system shall include all of the following information with the justification report:

2. Prior to deletion under subsection 1, an image of a vehicle registration plate captured by an automatic registration plate reader, and any other accompanying data, may be copied and stored by a law enforcement agency if the image and data are relevant to an ongoing criminal case or investigation. The law enforcement agency shall maintain the copied registration plate image and accompanying data in accordance with the agency’s evidence retention policies. Copies maintained by the law enforcement agency are not subject to subsection 1.

a. A description of the mobile automated traffic enforcement system.

3. For purposes of this section, “automatic registration plate reader” or “plate reader” means a camera or other optical device designed or programmed to automatically detect a vehicle’s registration plate, or to automatically capture or store an image of a vehicle’s registration plate and any accompanying data.

b. The proposed duration of use of a mobile automated traffic enforcement system at each location and an indication of where the unit will be physically placed relative to the highway, including the roadway and its boundaries, such as curbs, shoulders, medians, and other relevant location characteristics.

4. A person who violates subsection 1 commits a simple misdemeanor.

Sec.

5.

NEW SECTION. 321P.5 Notice —— signage and reports.

1.

a. A local authority shall not operate an automated or remote system for traffic law enforcement at a fixed location unless permanent signs meeting the requirements as specified in the department manual on uniform traffic-control devices and giving notice of the system are erected at least five hundred feet but not more than one thousand feet along the approach of the highway where the system is used.

NEW SECTION. 321P.5 Department review.

b. A local authority shall not operate a mobile automated or remote system for traffic law enforcement unless permanent signs meeting the requirements as specified in the department manual on uniform traffic-control devices and giving notice of the local authority’s use of a mobile system within the boundaries of the local authority are posted at every location where a highway enters the boundaries of the local authority.

1. Within ninety days of receipt of the request and a completed justification report, the department shall either approve or deny specific automated enforcement locations in the request. The department’s response time may be extended if the collection of additional data is needed, such as conducting a speed study. Incomplete justification reports shall be returned to the local jurisdiction. The department shall review the request and justification report, evaluate the process used, and determine if the proposed automated traffic enforcement system is warranted. If an automated enforcement request is approved, the department shall prepare an agreement detailing the approved use of such enforcement which must be signed by the department and the local jurisdiction.

c. Signs required under this subsection shall be erected by the local authority at the local authority’s expense at least thirty days prior to a system enforcing any detected violations.

2. Upon receipt by the department of a request and a completed justification report from a local jurisdiction, the department shall include the information on the department’s internet site.

2. A local authority using a system shall submit to the department an annual report by March 1 of each year detailing the number of traffic collisions and accidents that occurred at each location where a system is in use, the number of citations issued for each system during the previous calendar year, and any other relevant information about the systems that the local authority deems appropriate. The local authority shall post the report on the local authority’s internet site, if the local authority has an internet site.

Sec.

6.

NEW SECTION. 321P.6 Enforcement.

1. A local authority shall not issue a citation or warning memorandum for a violation detected by a system until a peace officer of the local authority, or an individual trained and certified by the local authority, has reviewed and approved the recorded photograph or video to affirm a traffic violation occurred.

2.

NEW SECTION. 321P.6 Systems installed, maintained, and placed.

a. For an excessive speed violation detected by a system other than as provided in paragraph “b”, the fine shall not exceed the following amounts:

1. A local jurisdiction shall install and maintain an automated traffic enforcement system in a safe manner and place the system to ensure motorist safety by reducing the chances of creating a potentially unsafe environment for motorists as follows:

(1) Seventy-five dollars for speed greater than ten miles per hour in excess of the limit but not more than twenty miles per hour in excess of the limit.

a. In a location where the system does not impede, oppose, or interfere with free passage along the primary road right-of-way.

(2) One hundred dollars for speed greater than twenty miles per hour in excess of the limit but not more than twenty-five miles per hour in excess of the limit.

b. In a location where the system does not create a visual obstruction to passing motorists.

(3) Two hundred fifty dollars for speed greater than twenty-five miles per hour in excess of the limit but not more than thirty miles per hour in excess of the limit.

c. In a manner to avoid creating traffic backups or delays.

(4) Five hundred dollars for speed greater than thirty miles per hour in excess of the limit.

2. A local jurisdiction shall not place or park an automated traffic enforcement system in any of the following locations:

b. For an excessive speed violation detected by a system in a road work zone, as defined in section 321.1, the fine shall not exceed the following amounts:

a. On any shoulder or median of any interstate highway.

(1) One hundred fifty dollars for speed greater than ten miles per hour in excess of the limit but not more than twenty miles per hour in excess of the limit.

b. Within fifteen feet of the outside traffic lane of any interstate highway, unless shielded by a crashworthy barrier.

(2) Two hundred dollars for speed greater than twenty miles per hour in excess of the limit but not more than twenty-five miles per hour in excess of the limit.

c. On the outside shoulder of any other primary road for longer than forty-eight hours unless shielded by a crashworthy barrier.

(3) Five hundred dollars for speed greater than twenty-five miles per hour in excess of the limit but not more than thirty miles per hour in excess of the limit.

d. Within two feet of the back of the curb of a municipal extension of any primary road.

(4) One thousand dollars for speed greater than thirty miles per hour in excess of the limit.

e. Within the first one thousand feet of a change in speed limit to a lower posted speed limit.

3. A system not in compliance with this chapter shall not be used to detect violations. A citation issued while the system is not in compliance with this chapter is void and unenforceable.

3. A local jurisdiction shall not place or operate an automated traffic enforcement system within the defined limits of any road work zone, as defined in section 321.1.

4. A violation detected by an automated or remote system for traffic law enforcement is a civil infraction. Such a violation shall not be considered by the department of transportation for purposes of driver’s license sanctions, and shall not be considered by an insurer for purposes of a person’s automobile insurance rates. The fine associated with a citation issued by a local authority as the result of the use of a system must be a civil penalty.

Sec.

7.

NEW SECTION. 321P.7 Liability for violations detected.

NEW SECTION. 321P.7 Required signs.

1. A citation for a violation detected by an automated or remote system for traffic law enforcement shall be issued to the owner of the identified motor vehicle.

1. A local jurisdiction shall post permanent signs in advance of the locations where automated traffic enforcement systems are in use to advise drivers that the area is monitored by an automated traffic enforcement system.

2.

2. A local jurisdiction shall post temporary or permanent signs advising that vehicle speed is monitored by automated enforcement in advance of an area monitored by a mobile automated traffic enforcement system, as agreed to by the department and the local jurisdiction.

a. Notwithstanding subsection 1, a local authority shall provide the owner of a motor vehicle who receives a citation for a violation detected by a system with an opportunity to submit evidence that the owner was not operating the motor vehicle at the time of the violation. As part of the proceeding, the owner shall provide the name and address of the person who was operating the motor vehicle at the time of the violation.

3. A local jurisdiction using an automated traffic enforcement system is authorized to post permanent signs on primary access roads entering local jurisdictions that are under automated enforcement.

b. Notwithstanding subsection 1, a citation issued to the owner of a motor vehicle may be amended and issued to the person identified under paragraph “a” who was operating the motor vehicle.

4. All signs must be in accordance with the sign manual adopted by the department.

3. 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 is deemed the owner for purposes of this section, or if the motor vehicle is leased as defined in section 321.493, the lessee is deemed the owner for purposes of this section.

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8.

NEW SECTION. 321P.8 Enforcement.

NEW SECTION. 321P.8 Restrictions on use of revenue. A local authority shall not use any revenue received as a result of the use of a system and retained by the local authority, not including the cost to install, operate, and maintain the system, other than for any of the following purposes:

1. A local jurisdiction shall use automated enforcement in conjunction with conventional law enforcement methods, not as a replacement for law enforcement officer contact.

1. To fund transportation infrastructure improvement projects.

2. If a local jurisdiction uses a mobile automated traffic enforcement system, a law enforcement agency shall own the vehicle equipped with the mobile automated traffic enforcement system and the vehicle must be marked with official decals and have an “official” registration plate issued under section 321.19 affixed to the vehicle.

2. To offset costs incurred relating to the operation of a police department or fire department.

Sec.

9.

NEW SECTION. 321P.9 Calibration. An automated traffic enforcement system shall be calibrated by a local law enforcement officer, trained in the use and calibration of the system, at least quarterly for a fixed system and prior to being used at any new location for a mobile system.

Sec.

10.

NEW SECTION. 321P.10 Evaluation, reporting, and reevaluation.

1. A local jurisdiction with active automated enforcement on a primary road shall evaluate the effectiveness of its use annually. The evaluation shall do all of the following:

a. Address the reduction of vehicle speeds for those sites being monitored by automated enforcement.

b. Identify the number and type of crashes at the sites being monitored, and compare the data for sites to the number and type of crashes at the sites before automated enforcement was implemented. The evaluation for a system that monitors an intersection only requires the data for monitored approaches.

NEW SECTION. 321P.9 Installation and maintenance.

c. Evaluate and document the automated traffic enforcement system’s effect on reducing the critical traffic safety issues listed in the justification report.

1. A local authority shall install a system in a manner that minimizes the effect of camera flash on drivers, if a camera flash is used.

d. Provide the total number of citations issued for each calendar year that the automated traffic enforcement system has been in operation.

2. An automated or remote system for traffic law enforcement must only record a photograph or video of the rear of a vehicle and the vehicle’s registration plate while the vehicle is used to commit an alleged traffic violation. A local authority shall not install a system such that the system’s camera is placed to capture the front of a motor vehicle or the face of any person in the vehicle being recorded. In accordance with section 321P.6, subsection 3, a citation issued by a system that captures the front of a motor vehicle or the face of any person in the vehicle is void and unenforceable.

e. Certify that the automated traffic enforcement system has been calibrated in accordance with section 321P.9.

3. A system must verify its internal calibrations daily, and a person trained in the calibration of the system shall conduct a monthly calibration.

2. A local jurisdiction shall report the annual evaluation to the department’s office of traffic and safety on or before May 1 each year, beginning on the first May 1 following a full calendar year with automated enforcement implemented, and the report shall be based on performance for the prior year.

4. A local authority operating a system shall maintain a monthly log detailing whether a person trained in the calibration of the system successfully performed the monthly calibrations and whether the system successfully performed the daily internal calibrations.

3. The department shall utilize information collected from the annual evaluation reports from local jurisdictions to assist in evaluating the continued need for such systems at each location. The continued use of automated enforcement is contingent on the effectiveness of the system, appropriate administration of the system by the local jurisdiction, continued compliance with this chapter, considering changes in traffic patterns, infrastructure improvements, and implementation of other identified safety countermeasures.

5. The log and documentation of the calibrations required under this section are admissible in any court proceeding relating to a violation detected by the system.

4. The department is authorized to require a local jurisdiction to remove or modify an automated system in a particular location.

6. If a daily or monthly calibration is not successfully performed, the system shall not operate until a successful calibration is subsequently performed. DIVISION II EXISTING SYSTEMS

Sec.

10. EXISTING SYSTEMS.

11.

1. A local authority using an automated or remote system for traffic law enforcement prior to January 1, 2024, may submit to the department of transportation by July 1, 2024, a list of system locations and justifications for placement and use of the systems at the locations in conformance with section 321P.2, as enacted by this Act, to the extent practicable, as determined by the department. The department shall, by October 1, 2024, issue a permit as provided in section 321P.2, as enacted by this Act, to a local authority that provided valid submissions in accordance with this subsection. A local authority using a system prior to January 1, 2024, may continue to use the system in the same manner and at the same locations as the system was used on or before January 1, 2024, during the period of time between the local authority’s submission to the department and the date the department issues the permit to the local authority, unless the system is a mobile system prohibited under section 321P.3, as enacted by this Act. If, on October 1, 2024, a local authority has not been issued a permit by the department as a result of a submission that was not timely filed, or due to a timely filed submission that did not otherwise comply with this subsection, the local authority shall cease using all systems until the local authority obtains a permit from the department pursuant to section 321P.2, as enacted by this Act.

NEW SECTION. 321P.11 Appeals. Notwithstanding chapter 17A, a local jurisdiction may appeal a decision made by the department as part of this chapter by submitting a written explanation of the issue and any supporting information to the director of transportation. Once the director receives the appeal, the director shall have thirty days to respond. The director’s decision is final agency action.

2. A local authority using an automated or remote system for traffic law enforcement at a location for the first time on or after January 1, 2024, shall not be issued a permit by the department of transportation pursuant to section 321P.2, as enacted by this Act, before July 1, 2026.

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12.

NEW SECTION. 321P.12 Rules. The department may adopt rules pursuant to chapter 17A as necessary to implement this chapter.

11. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment.