Relating to the use of automated systems that detect traffic violations or registration plate information, and making penalties applicable

This bill prohibits a person from sharing historical location information collected by an automatic registration plate reader with a nongovernmental third party if the information could be used to identify another person or another person’s vehicle. A person who shares such information in violation of the bill commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. The bill prohibits local authorities from issuing a citation for a violation detected by an automated vehicle noise enforcement system, as defined in the bill, based on noise emitted from the use of a vehicle’s brake or exhaust system while the vehicle is reducing speed. A citation for a noise violation issued in violation of the bill is void and unenforceable. Under current law, a citation for a violation detected by an automated or remote system for traffic law enforcement must be issued to the owner of the identified motor vehicle. However, a local authority is required to 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 must provide the name and address of the person who was operating the motor vehicle at the time of the violation. The bill strikes the requirement for the vehicle owner to provide the name and address of the person who was operating the motor vehicle at the time of the violation. The bill requires a local authority that uses an automated system to capture images of traffic violations other than excessive speed to provide an opportunity for the vehicle owner to submit evidence that the owner was not operating the vehicle at the time of the violation. The bill requires a citation issued using any kind of automated system that captures images of traffic law violations to be dismissed without a fee imposed on the owner if the owner submits sufficient proof that the owner was not operating the motor vehicle at the time of the violation, and the citation is not amended and issued to another identified person.