Bill Text: DE HB330 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Motor Vehicles Speed And Video Monitoring Systems.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2012-05-09 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 7 On Its Merits [HB330 Detail]
Download: Delaware-2011-HB330-Draft.html
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SPONSOR: |
Rep. Mitchell & Sen. Cloutier & Sen. Ennis |
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Reps. Bolden, B. Short, D.P. Williams; Sens. Bushweller, Marshall |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 330 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES SPEED AND VIDEO MONITORING SYSTEMS. |
Section 1.Amend §4101, Title 21 of the Delaware Code by making insertions as shown by underlining as follows:
(e) Video Speed Enforcement Pilot Program.
(1)There is hereby established a video speed enforcement pilot program. Pursuant to the pilot program, the municipalities of Dover and Wilmington are authorized to establish, by regulation or ordinance, a program imposing monetary liability on the owner of a motor vehicle which fails to comply with the posted speed limit in a clearly marked school zone. The pilot program shall authorize Dover and Wilmington, within the limits of their respective jurisdiction, to install and operate, or contract for the installation and operation of, up to (5) vehicle speed monitoring systems to be used in school zones.Prior to installation, all such systems shall be approved by the Court and DELJIS for technology interface specifications for case management purposes.For purposes of this subsection, the term "Court" refers to the Justice of the Peace Courts.
(2) Liability -- The owner or operator of a vehicle which has failed to comply with the posted speed limit in a clearly marked school zone, as evidenced by information obtained from a vehicle speed monitoring system, shall be subject to a civil or administrative assessment not to exceed $75; provided, however, that the municipality may provide for an additional assessment, not to exceed $25, if the civil or administrative assessment is not paid within 20 days. Court costs or similar administrative fees, not to exceed $35, may also be assessed against an owner or operator of a motor vehicle who requests a hearing to contest the violation and is ultimately found or pleads responsible to the violation, or who fails to pay or contest the violation in a timely manner. No assessments or court costs other than those specified in this subsection shall be imposed. A violation for which a civil assessment is imposed under this subsection shall not be classified as a criminal offense and shall not be made a part of the driving record of the person upon whom such liability is imposed; nor shall it be used for insurance purposes in the provision of motor vehicle insurance. Assessments collected pursuant to the pilot program shall be paid to the municipality which controlled and operated the vehicle speed monitoring system.
(3) Definitions -- For purpose of this subsection:
a. "Owner" means the registered owner of such vehicle on record with this or any other state; provided, however, that in the event that the owner is a vehicle leasing company, the "owner" for purposes of this subsection shall mean the person shown on the records to be the lessee of such vehicle. Vehicle rental companies are excluded from the definition of "owner."
b. "Vehicle speed monitoring system" means a mobile or fixed device with one or more sensors capable of producing recorded images of motor vehicles traveling at speeds at least 11 miles per hour above the posted speed limit.
(4) Summons and notice of violation -- Notwithstanding any other provision of the Delaware Code, a summons for a violation of this subsection may be executed by mailing a copy thereof by first class mail to the address of the owner of the vehicle as shown on the records of the Division of Motor Vehicles of this or any other state, as appropriate. For purposes of this subsection, a nonresident owner or operator of a motor vehicle which is operated in Dover or Wilmington is deemed to have submitted to the jurisdiction of the Delaware courts.Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing by first class mail of a summons and subsequent court notices pursuant to this subsection. Every initial mailing shall include the:
a. Name and address of the owner of the vehicle;
b. Registration number of the motor vehicle involved in the violation;
c. Violation charges;
d. Location where the violation occurred;
e. Date and time of the violation;
f. Copies of 2 or more photographs, microphotographs, or other recorded images taken as proof of the violation;
g. Amount of the civil assessment imposed and the date by which the civil assessment must be paid;
h. Information advising the summonsed person of the manner, time, and place by which liability as alleged in the notice may be contested, and warning that the failure to pay the civil assessment or contest liability in a timely manner is an admission of liability which may result in a judgment being entered against the summonsed person and/or the denial of the registration or the renewal of the registration of the vehicle operated at the time of the violation; and
i. Notice of the summonsed person's ability to rebut the presumption that the summonsed person was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.
(5) Payment by voluntary assessment -- Persons electing to pay by voluntary assessment shall make payments to the municipality which controlled and operated the vehicle speed monitoring system.Procedures for payment under this subsection shall be as provided by regulation or ordinance of the municipality and shall be in lieu of the procedures set forth in §709 of this Title.
(6) Procedures to contest the violation -- A person receiving a summons pursuant to this subsection may, within 20 days of receipt of such summons, request a hearing to contest the violation by notifying, in writing, the municipality which controlled or operated the vehicle speed monitoring system. Upon receipt of a timely request for a hearing, a civil hearing to establish the violation shall be held in a Justice of the Peace Court.The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules.Additional administrative collection processes may be established by Court rule, policy directive, regulation, code, or ordinance, as applicable. Costs for such hearing shall not be assessed against the prevailing party. There shall be no right of transfer to the Court of Common Pleas.
(7) Failure to pay or successfully contest the violation -- If the owner, or an operator identified by the owner, fails to pay the civil penalty by voluntary assessment, request a hearing within the required time, or submit an affidavit stating that the owner or operator identified was not the driver at the time of the violation, the Division of Motor Vehicles may refuse to renew the registration of the vehicle operated at the time of the violation. If the owner or an operator identified by the owner is found responsible at a hearing and fails to pay as ordered, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator.Upon receiving a record of failure to comply, the clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil penalty and costs, giving credit for any amount paid. Such judgment may, upon motion, be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the Court and the municipality shall have authority to seek such execution, enforcement, or transfer.
(8) Proof of violation -- Proof of a violation of this subsection shall be evidenced by information from a vehicle speed monitoring system authorized pursuant to this subsection.Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate liability for such violation.A certificate, or facsimile thereof, issued by the law enforcement agency operating the vehicle speed monitoring system and based upon a police officer's inspection of photographs, microphotographs, videotape, or other recorded images produced by a vehicle speed monitoring system, shall constitute prima facie evidence of the facts contained therein if:
a. The law enforcement agency employee has successfully completed training by the manufacturer of the vehicle speed monitoring system in the procedures for setting up and operating the system; and
b. A log is maintained by the municipality's law enforcement agency for each day that a vehicle speed monitoring system is in use, stating that any manufacturer-specified self-tests were successfully performed prior to and subsequent to the system's use and that the school zone was clearly marked, including the day of the violation; and
c. The vehicle speed monitoring system has undergone an annual calibration check by an independent calibration laboratory which has issued a signed certificate of calibration after each annual calibration check.
(9) Presumptions -- The owner of any vehicle found to be in violation of this subsection shall be held prima facie responsible for such violation in the same manner as provided for under §7003 of this Title, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. Such presumption shall be rebutted if the owner:
a. Furnishes an affidavit by regular mail to the municipality stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate(s) thereof had been reported to the police as stolen prior to the time of the alleged violation; or
b. Provides proof in court that the owner was not the operator of the vehicle at the time of the alleged violation or that the owner failed to comply with the posted speed limit in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession.A summons may be issued to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated the specific speed limit. There shall be a presumption that any person so identified was the driver at the time of the violation. Such presumption, however, may be rebutted as described above.
(10) Notwithstanding any other provision in this subsection, if the motor vehicle which is recorded by a vehicle speed monitoring system failing to comply with a posted speed limit in a clearly marked school zone is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time, and location of the violation with 2 or more photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the municipality which issued the summons with the name and address of the driver of the vehicle at the date, time, and location of the violation and, within the same time period, shall provide the driver of the vehicle with the proof of the violation. After receipt by the municipality which issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under §7003 of this title and shall be subject to the provisions of this subsection. Failure of the owner of the vehicle found to be in violation of this subsection to provide the name and address of the driver at the time of the violation within the period prescribed shall cause the owner to be held responsible as set forth in paragraph (4) of this subsection.
Section 2.If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application and, to that end, the provisions of this Act are declared to be severable.
Section 3.This Act expires 2 years after its enactment into law unless otherwise provided by a subsequent Act of the General Assembly.
SYNOPSIS
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Section 1 of this Bill authorizes Dover and Wilmington to establish a pilot program for video speed enforcement within a clearly marked school zone.Similar to the red light cameras currently in use in this State, the vehicle speed monitoring systems authorized under the program will produce recorded images of motor vehicles traveling at least 11 miles per hour above the posted speed limit.Violations shall be subject to a civil assessment not to exceed $75, with an additional assessment of up to $25 if the original assessment is not paid within 20 days.The procedures for issuing, contesting, and paying a notice of violation are essentially the same as for traffic light signal violations.Violations are civil in nature and are not subject to points, are not made a part of a person's driving record, and cannot be used to affect a person's automobile insurance rates. Section 2 provides for the severability of the Bill. Section 3 provides a 2-year sunset. |
