Bill Text: DE SB95 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Vehicle Speed Monitoring Systems
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2013-06-05 - Assigned to Public Safety Committee in Senate [SB95 Detail]
Download: Delaware-2013-SB95-Draft.html
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SPONSOR: |
Sen. Bushweller & Sen. Ennis & Rep. Mitchell & Rep. Scott & Rep. Bennett |
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Reps. Bolden, Brady, Carson, Potter |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 95 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VEHICLE SPEED MONITORING SYSTEMS |
Section 1.Amend §4101, Title 21 of the Delaware Code by makinginsertions as shown by underlining as follows:
"(e) Video Speed Enforcement Pilot Program. - -
(1)There is hereby established a video speed enforcement pilot program.The pilot program shall permit the City of Dover and the City of Wilmington police agencies, within the limits of their respective jurisdictions, to install and operate, or contract for the installation and operation of, vehicle speed monitoring systems within one-quarter mile of any work zone and/or school; provided, however, that in the event of installation on state-maintained streets or roads, the Department of Transportation must first have approved such installation.Pursuant to the pilot program, the Department of Public Safety and/or the governing body of the City of Dover and the City of Wilmington may provide, by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with specific speed limits in accordance with the provisions of this subsection.For purposes of this subsection, the term "Court" shall refer to the Justice of the Peace Courts.
(2) Liability -- The owner or operator of a vehicle which has failed to comply with a specific speed limit, as evidenced by information obtained from a vehicle speed monitoring system, shall be subject to a civil or administrative assessment not to exceed $50; provided, however, that the City of Dover and the City of Wilmington may provide for an additional assessment not to exceed: $10 if the civil or administrative assessment is not paid within 20 days; $20 if the assessment is not paid within 45 days; and $30 if the assessment is not paid within 90 days. Court costs or similar administrative fees, not to exceed $35, may also be assessed against an owner or operator 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 as a result of a vehicle speed monitoring system shall be paid to either the City of Dover or the City of Wilmington, depending on which controlled and operated the monitoring system.
(3) Definitions -- For purpose of this subsection only:
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 motor vehicle sensors 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 any Delaware resident or nonresident at 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, any nonresident owner or operator of any motor vehicle which is operated or driven on public streets, roads, turnpikes or highways of this State 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 and 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 any of the owner's vehicles; 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 entity designated on the summons for payment. Such entity may be the Justice of the Peace Court, or an entity designated by the Court, the Department of Public Safety, or by the City of Dover or the City of Wilmington which controlled and operated the monitoring system.Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, or by regulation, code or ordinance of the City of Dover or the City of Wilmington, 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 request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the receipt thereof. Upon receipt of a timely request for a hearing, a civil hearing shall be scheduled and the defendant notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or such other entity designated by the City of Dover or the City of Wilmington on which controlled and operated the monitoring system.The hearing may be informal and shall be held in accordance with Justice of the Peace Court rules or by regulation, code or ordinance of the City of Dover or the City of Wilmington which controlled and operated the monitoring system.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, the Division of Motor Vehicles may refuse to renew the registration of the owner's 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, costs, and any applicable penalty amounts, 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 City of Dover and the City of Wilmington 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 obtained 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 a technician employed to operate the vehicle speed monitoring system and based upon such employee'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:
(i) the technician has successfully completed training by the manufacturer of the vehicle speed monitoring system in the procedures for setting up and operating the system; and
(ii) a log is maintained for each day that a vehicle speed monitoring system is in use stating that any manufacturer specified self-tests were successfully performed prior to the system's use; and
(iii) 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 entity indicated on the summons 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 or to the entity handling the administrative appeal process 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 traffic signal either 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 in this paragraph.
(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 specific speed limit is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the entity 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 photographs of the violation. After receipt by the entity 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.
(11) Any person found responsible for a violation of this subsection shall have a right of appeal only in those cases in which the civil penalty imposed exceeds $75.00, upon giving bond with surety satisfactory to the judge before whom such person was found responsible.Such appeal must be taken and bond given within 15 days from the date the person was found responsible.The filing of an appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant's right to a writ of certiorari in the Superior Court. Additional penalty assessments for late payment/response pursuant to subsection (2) of this section shall be included in calculating the amount of the civil penalty for purposes of determining the right to an appeal."
Section 2.The provisions of this act shall automatically sunset and cease to be effective 2 years after enactment unless legislation to continue the pilot program is enacted.
SYNOPSIS
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This Act establishes a 2 year pilot program which authorizes the City of Dover and the City of Wilmington police agencies to initiate camera and video enforcement of speed limits within ¼ mile of any work zone and/or school.Similar to the red light cameras currently in use in this State, the vehicle speed monitoring systems authorized under the pilot 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 $50.00, and the procedures for issuing, contesting and paying a notice of violation shall be the same as for traffic light signal violations.Violations are civil in nature and are not subject to points or made a part of a person's driving record. |
Author:Senator Bushweller
