Relating to the use of automated traffic enforcement systems on the primary road system

Description

House File 629 regulates the use of automated traffic enforcement (ATE) systems by local authorities on the primary road system and prohibits the use or ownership of any ATE devices by the Iowa Department of Transportation (DOT). The DOT is also prohibited from receiving any financial payment from ATE systems.

Prior to utilizing an ATE on the primary road system, a local jurisdiction must receive approval from the DOT through submittal of a justification report that details the need for an ATE system based on a variety of factors as detailed in the Bill. The DOT must approve or deny ATE system requests within 90 days of receiving a completed justification report. The DOT must post the local jurisdiction’s request and justification report on its website. The Bill establishes the location and method that ATE systems may be installed and requires local jurisdictions to post signs in advance of locations where ATE systems are in use. ATE systems must be calibrated quarterly for fixed locations and prior to use for mobile ATE systems. ATE systems must be used in conjunction with conventional law enforcement methods and not as a replacement.

On or before May 1 each year, a local jurisdiction with an ATE system must evaluate the effectiveness of the system and report the finding to the DOT. The DOT must review the annual reports and determine whether continued use of the ATE system is justified. A local jurisdiction may appeal a decision made by the DOT.

Background

As of March 2022, the Legislative Services Agency (LSA) is aware of 19 cities and towns in Iowa that operate an ATE system or systems, including Sioux City, Cedar Rapids, Davenport, Muscatine, Fort Dodge, Council Bluffs, Des Moines, Waterloo, Fayette, West Union, LeClaire, Strawberry Point, Hudson, Chester, Buffalo, Bellevue, Miles, Independence, and Oelwein. Data is not available at this time regarding the use of ATE systems in additional cities or towns. As of March 4, 2023, the LSA obtained data from Davenport, Des Moines, Muscatine, and Cedar Rapids regarding their current ATE systems. Oelwein and Hudson recently implemented ATE systems and do not have a full year of data.

Table 1 provides data obtained by the LSA on the number of ATE devices, base cost per violation, vendors’ share of revenues, and local authorities’ share of revenues for the last full fiscal year. Table 2 provides the number of ATE systems used by local authorities on primary roads.

Table 1 — FY 2022 Estimated Violations and Revenues from ATE Devices Table 2 — Local Use of ATEs on Primary Roads

Assumptions

The impact of House File 629 on the continued use of ATE systems already in operation on primary roads is unknown.

Fiscal Impact

The fiscal impact, if any, to local governments is unknown at this time. Table 3 shows each city’s use of ATE system revenue.

Table 3 — Local Uses of ATE System RevenueLocal Number of Total Number of Number of Number of Base Fine Vendor Local Authority Authority Mobile ATEs Operating ATEs Violations Issued Violations Collected Per Violation* Revenue Revenue Cedar Rapids 2 19 187,575 108,557 75$ 2,439,845$ 8,307,136$ Council Bluffs 0 15 17,059 10,083 100 381,482 712,696 Davenport 4 18 43,327 21,357 65 647,671 1,720,046 Des Moines 2 11 116,918 76,960 65 1,735,109 3,267,303 LeClaire 1 5 79,922 69,341 50 2,323,790 2,428,840 Muscatine** 1 9 12,177 7,590 75 208,224 474,695 Sioux City 2 9 9,775 4,038 100 264,240 169,376 * Lowest violation amount. Actual violation amounts may increase depending on miles over the legal speed limit. ** Figures provided for Calendar Year 2022.

Source: Local authoritiesLocal Authority Number of Stationary

ATEs on Primary Roads

Mobile ATEs Utilized on

Primary Roads

Cedar Rapids 14 No Council Bluffs 2 No Davenport 11 Yes Des Moines 4 No LeClaire 4 Yes Muscatine 2 No Sioux City 2 YesLocal Authority Uses Cedar Rapids Public safety positions, equipment, and programs

Council Bluffs General Fund

Davenport General Fund

Des Moines Des Moines Public Safety Radio System and Iowa Statewide Interoperable Communications System

LeClaire General Fund

Muscatine Police department personnel costs

Sioux City Public safety expenses

Sources

• Local authorities
• Iowa Department of Transportation
• Legislative Services Agency analysis