Regulating the use of automated or remote systems for traffic law enforcement, and including effective date provisions

A local authority may apply for a permit by submitting an application to the DOT. The DOT may approve or disapprove the application based on the DOT’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 DOT must only approve one permit for a local authority, which sets forth all locations at which a local authority is authorized to use a system. A local authority may submit an application to the DOT to update the local authority’s permit with a new location. The bill lists the required information to provide on an application for a permit, including but not limited to records relating to traffic violations and traffic collisions and accidents occurring at the location; an analysis of existing traffic speed data, posted speed limits, traffic volume data, and intersection and roadway measurements; the proposed cause of critical traffic safety issues; and alternative methods to improve traffic safety. The bill limits the use of a system to issue citations only for violations for failure to yield or stop at an intersection controlled by a traffic control signal or at a railroad crossing, or exceeding the speed limit by more than miles per hour (MPH). A local authority cannot use a mobile system to issue citations. However, a local authority 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 using a system, including a mobile system. The bill requires a local authority to provide certain notice to drivers about the use of a system. Permanent signage providing notice to drivers that a system is in place must be erected at least 500 feet but not more than 1,000 feet along the approach of any highway where the system is used. The signs must be erected at the expense of the local authority. Every location where an automated or remote system is used must be clearly identified at least days prior to the system enforcing any detected violations. A local authority must provide an annual report to the DOT about the local authority’s systems. A local authority is prohibited from issuing a citation or warning memorandum for a violation detected by a system until a peace officer of the local authority has reviewed and approved the recorded photograph or video to affirm a traffic violation occurred.8A. The maximum amount for a fine for an excessive speed violation is set forth in the bill based on MPH in excess of the limit, and is doubled if the violation occurs in a road work zone. A system not in compliance with the bill cannot be used to detect violations. A citation issued while the system is not in compliance is void and unenforceable. The bill requires system citations to be issued to the owner of a motor vehicle, but also requires local authorities to provide an opportunity for an owner to identify another person who was operating the vehicle during the violation. However, the owner must still pay the associated fine if the other person does not pay the fine. A local authority that collects revenue for traffic violations detected by a system must remit monthly to the treasurer of state percent of the moneys from the use of the system, not including the cost to install, operate, and maintain the system. These moneys are deposited in the road use tax fund. The remaining moneys retained by the local authority are required to be used only for public safety or improvements to transportation infrastructure within the local authority’s jurisdiction. The bill requires that systems be installed to avoid the effect of camera flash on drivers and to prevent capturing recordings of persons in the vehicle. The bill regulates the required system maintenance and frequency of maintenance, including system compliance with generally accepted procedures for the system, daily internal calibrations, and monthly calibration by a person trained in the calibration of the system. The bill requires a local authority to maintain a monthly log detailing the maintenance and calibration records. The bill provides that a local authority using a system prior to April 1, 2023, may submit to the DOT by April 1, 2023, a list of system locations and justifications for placement and use. The department may, by July 1, 2023, issue a permit to the local authority. If, on July 1, 2023, the local authority has not been issued a permit, the local authority must cease using all systems until the local authority obtains a permit under the bill. A local authority using a system at a location for the first time on or after April 1, 2023, shall not be issued a permit before July 1, 2025. These provisions of the bill take effect upon enactment.