Bill Text: IA SF196 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the use of automated traffic law enforcement systems by the department of transportation and regulating the use of other automated traffic law enforcement systems. (Formerly SSB 1019.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-01-16 - Subcommittee: Carlin, Lykam, and Zumbach. S.J. 108. [SF196 Detail]
Download: Iowa-2017-SF196-Introduced.html
Senate File 196 - Introduced SENATE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1019) A BILL FOR 1 An Act prohibiting the use of automated traffic law enforcement 2 systems by the department of transportation and regulating 3 the use of other automated traffic law enforcement systems. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1921SV (3) 87 ns/nh PAG LIN 1 1 Section 1. Section 321.1, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 06B. "Automated traffic law enforcement 1 4 system" means a device that is used for the enforcement of laws 1 5 regulating vehicular traffic and that is equipped with one or 1 6 more sensors working in conjunction with one of the following: 1 7 a. An official traffic=control signal, to produce recorded 1 8 images of motor vehicles entering an intersection against a red 1 9 signal light. 1 10 b. A speed measuring device, to produce recorded images of 1 11 motor vehicles traveling at a prohibited rate of speed. 1 12 c. A railroad grade crossing signal light, as described in 1 13 section 321.342, to produce recorded images of motor vehicles 1 14 violating the signal light. 1 15 d. Any official traffic=control device, if failure to comply 1 16 with the official traffic=control device constitutes a moving 1 17 violation under this chapter. 1 18 Sec. 2. NEW SECTION. 321.492C Automated traffic law 1 19 enforcement systems. 1 20 1. The department shall not place, operate, maintain, 1 21 or employ the use of any automated traffic law enforcement 1 22 system. The department shall not cause to be placed any 1 23 automated traffic law enforcement system except as provided in 1 24 this section or in rules adopted by the department under this 1 25 section. 1 26 2. a. A local authority, or another entity on a local 1 27 authority's behalf, shall not operate an automated traffic law 1 28 enforcement system without the approval of the department. The 1 29 department shall approve the operation of an automated traffic 1 30 law enforcement system only if the department determines the 1 31 system is located in a documented high=crash or high=risk 1 32 location at which there is a demonstrated safety need for 1 33 the system. The department shall make such a determination 1 34 about a location based on the volume of traffic, the history 1 35 of motor vehicle accidents, the frequency and type of traffic 2 1 violations, the risk to peace officers employing traditional 2 2 traffic enforcement methods, and any other safety criteria 2 3 deemed appropriate by the department and set forth in rules 2 4 adopted by the department. The department shall separately 2 5 approve each location at which a local authority, or another 2 6 entity on a local authority's behalf, operates a mobile 2 7 automated traffic law enforcement system. This paragraph "a" 2 8 shall not apply to an automated traffic law enforcement system 2 9 approved by the department and in operation prior to January 2 10 1, 2017. A local authority may continue to operate such a 2 11 system in the same manner as the system was operated prior to 2 12 January 1, 2017. However, after a local authority discontinues 2 13 operation of the system, any new manner of operation or new 2 14 system operated by the local authority shall comply with this 2 15 paragraph "a". 2 16 b. A local authority, or another entity on a local 2 17 authority's behalf, shall not operate an automated traffic law 2 18 enforcement system without posting signage meeting all of the 2 19 following requirements: 2 20 (1) For a fixed automated traffic law enforcement system, 2 21 permanent signs advising drivers that the system is in place 2 22 shall be posted in clear and present view of passing drivers in 2 23 advance of the location where the system is in use. 2 24 (2) For a mobile automated traffic law enforcement system, 2 25 temporary or permanent signs advising drivers that the system 2 26 is in place shall be posted in clear and present view of 2 27 passing drivers in advance of the location where the system is 2 28 in use as agreed to by the department and the local authority. 2 29 (3) The signage conforms to the manual on uniform 2 30 traffic=control devices as adopted by the department. 2 31 c. A local authority, or another entity on a local 2 32 authority's behalf, shall not issue a citation resulting from 2 33 the use of an automated traffic law enforcement system until a 2 34 peace officer of the local authority has reviewed the citation 2 35 and any relevant recorded images produced by the system. 3 1 d. The amount of the fine or civil penalty imposed by a 3 2 citation resulting from the use of an automated traffic law 3 3 enforcement system shall not exceed the amount of the fine for 3 4 a scheduled violation under section 805.8A for the same or a 3 5 similar violation of this chapter. 3 6 e. An automated traffic law enforcement system working 3 7 in conjunction with a speed measuring device or official 3 8 traffic=control signal shall comply with the generally accepted 3 9 procedures for operating the system. A local authority, 3 10 or another entity on a local authority's behalf, operating 3 11 such a system shall maintain a monthly log detailing whether 3 12 the local authority or entity successfully performed the 3 13 manufacturer=specified self=test of the system. The local 3 14 authority or entity shall also perform a weekly calibration 3 15 check of the system, and documentation of the calibration check 3 16 shall be retained by the local authority or entity. The log 3 17 and documentation of the calibration checks shall be admissible 3 18 in any court proceeding related to a violation of section 3 19 321.257 or 321.285. 3 20 f. The department shall adopt rules to administer this 3 21 subsection, including but not limited to rules relating to the 3 22 size and location of signage advising drivers that an automated 3 23 traffic law enforcement system is in place. 3 24 3. All moneys collected by a local authority from 3 25 citations issued as a result of the use of an automated 3 26 traffic law enforcement system, less the amount necessary 3 27 for the installation, operation, and maintenance of the 3 28 automated traffic law enforcement system, shall be deposited 3 29 in the account or accounts maintained by the local authority 3 30 for moneys appropriated to the local authority from the 3 31 secondary road fund or street construction fund of the cities, 3 32 as applicable. This subsection shall not apply to moneys 3 33 collected for court costs or other associated costs, the 3 34 criminal penalty surcharge required by section 911.1, or the 3 35 county enforcement surcharge required by section 911.4. 4 1 EXPLANATION 4 2 The inclusion of this explanation does not constitute agreement with 4 3 the explanation's substance by the members of the general assembly. 4 4 This bill prohibits the department of transportation (DOT) 4 5 from placing, operating, maintaining, or employing the use of 4 6 any automated traffic law enforcement system. 4 7 The bill also prohibits a local authority, or another entity 4 8 on a local authority's behalf, from operating an automated 4 9 traffic law enforcement system without the approval of the DOT. 4 10 The bill provides that the DOT shall approve the operation of 4 11 an automated traffic law enforcement system only if the system 4 12 is located in a documented high=crash or high=risk location 4 13 at which there is a demonstrated safety need for the system. 4 14 The bill requires the DOT to make such a determination about 4 15 a location based on the volume of traffic, the history of 4 16 motor vehicle accidents, the frequency and type of traffic 4 17 violations, the risk to peace officers employing traditional 4 18 traffic enforcement methods, and any other safety criteria 4 19 deemed appropriate by the DOT. In addition, the bill requires 4 20 the DOT to separately approve each location at which a local 4 21 authority, or another entity on a local authority's behalf, 4 22 operates a mobile automated traffic law enforcement system. 4 23 These provisions of the bill do not apply to an automated 4 24 traffic law enforcement system approved by the DOT and in 4 25 operation prior to January 1, 2017. 4 26 The bill prohibits a local authority, or another entity on a 4 27 local authority's behalf, from operating an automated traffic 4 28 law enforcement system without posting appropriate signage in 4 29 clear and present view of passing drivers in advance of the 4 30 location where the system is in use. 4 31 The bill also prohibits a local authority, or another 4 32 entity on a local authority's behalf, from issuing a citation 4 33 resulting from the use of an automated traffic law enforcement 4 34 system until a peace officer of the local authority has 4 35 reviewed the citation and any relevant recorded images produced 5 1 by the system. 5 2 In addition, the bill prohibits the amount of the fine or 5 3 civil penalty imposed by a citation resulting from the use of 5 4 an automated traffic law enforcement system from exceeding the 5 5 amount of the fine for a scheduled violation under Code section 5 6 805.8A for the same or a similar violation. 5 7 The bill provides that an automated traffic law enforcement 5 8 system working in conjunction with a speed measuring device or 5 9 official traffic=control signal must comply with the generally 5 10 accepted procedures for operating the system. A local 5 11 authority, or another entity on a local authority's behalf, 5 12 operating such a system must maintain a monthly log detailing 5 13 whether the local authority or entity successfully performed 5 14 the manufacturer=specified self=test of the system. The bill 5 15 requires a local authority or entity to also perform a weekly 5 16 calibration check of the system, and requires documentation of 5 17 the calibration check to be retained by the local authority or 5 18 entity. The bill specifies that the log and documentation of 5 19 the calibration checks are admissible in any court proceeding 5 20 related to a violation of Code section 321.257 (official 5 21 traffic=control signals) or 321.285 (speed restrictions). 5 22 The bill requires all moneys collected by a local authority 5 23 from citations issued as a result of the use of an automated 5 24 traffic law enforcement system, less the amount necessary for 5 25 the installation, operation, and maintenance of the system, 5 26 to be deposited in the account or accounts maintained by the 5 27 local authority for moneys appropriated to the local authority 5 28 from the secondary road fund or street construction fund of 5 29 the cities, as applicable. This provision does not apply to 5 30 moneys collected for court costs or other associated costs, 5 31 the criminal penalty surcharge, or the county enforcement 5 32 surcharge. LSB 1921SV (3) 87 ns/nh
