Iowa-2013-SF21-Introduced

S.F. 21 Section 1. Section 321.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 95. “Automated traffic law enforcement 3 system” means a device with one or more sensors working in 4 conjunction with one of the following: 5 a. An official traffic-control signal, to produce recorded 6 images of motor vehicles entering an intersection against a red 7 signal light. 8 b. A speed measuring device, to produce recorded images of 9 motor vehicles traveling at a prohibited rate of speed. 10 c. A railroad grade crossing signal light, as described in 11 section 321.342, to produce images of vehicles violating the 12 signal light. 13 d. Any official traffic-control device, if failure to comply 14 with the official traffic-control device constitutes a moving 15 violation under this chapter. 16 Sec. 2. NEW SECTION . 321.5A Automated traffic law 17 enforcement systems. 18 The state shall not use an automated traffic law enforcement 19 system. A local authority shall not use an automated traffic 20 law enforcement system except as provided in this section. 21 1. A local authority may by ordinance authorize the use of 22 automated traffic law enforcement systems to detect violations 23 of posted speed limits or official traffic-control signals 24 which constitute municipal or county infractions. 25 2. A local authority shall provide signage, in conformance 26 with the uniform system adopted pursuant to section 321.252, 27 giving notice of the use of an automated traffic law 28 enforcement system on the approach to each location where an 29 automated traffic law enforcement system is in use as follows: 30 a. A sign shall be posted on each road on the approach to 31 the next traffic-control signal where an automated traffic law 32 enforcement system is in use. 33 b. A sign shall be posted on the approach to the next speed 34 limit zone on a road where an automated traffic law enforcement 35 -1- LSB 1579XS (3) 85 dea/nh 1/ 5

S.F. 21 system is being used for speed limit enforcement. 1 c. A temporary sign shall be positioned or posted on the 2 approach to each location where a mobile automated traffic law 3 enforcement system is being used for speed limit enforcement. 4 d. A temporary or permanent sign giving notice of the use of 5 an automated traffic law enforcement system for the enforcement 6 of speed limits shall be positioned or posted at a distance 7 in advance of the automated traffic law enforcement system 8 which, in relation to the applicable speed limit, would provide 9 adequate notice to a motor vehicle operator traveling at the 10 speed limit before entering the range of the automated traffic 11 law enforcement system. 12 3. Recorded images produced by an automated traffic law 13 enforcement system evidencing a violation of a posted speed 14 limit or an official traffic-control signal shall be reviewed 15 by a peace officer of the local law enforcement agency to 16 affirm that a violation occurred and the identity of the motor 17 vehicle involved in the violation. If following the officer’s 18 review, a notice of a fine or citation is issued to the owner 19 of the motor vehicle involved in the violation, the following 20 requirements apply: 21 a. An affidavit bearing the written or electronic signature 22 of the peace officer shall be included on the notice or 23 citation. 24 b. The notice or citation shall contain a statement, in bold 25 type, regarding the process for appealing the fine. 26 c. The notice or citation shall be sent by ordinary mail to 27 the owner of the motor vehicle involved not more than thirty 28 days following the incident giving rise to the notice of a fine 29 or citation, as evidenced by the postmark. 30 4. A local authority shall not charge the owner of a motor 31 vehicle administrative costs in addition to any civil penalty 32 imposed for a violation detected by an automated traffic 33 law enforcement system. Civil penalties imposed for such 34 violations shall not exceed the following amounts: 35 -2- LSB 1579XS (3) 85 dea/nh 2/ 5

S.F. 21 a. For a violation of an official traffic-control signal, 1 fifty dollars. 2 b. For a violation of a speed limit, the amount of the 3 fine established in section 805.8A for an equivalent speeding 4 violation charged as a scheduled violation, subject to the 5 limitation established in section 331.302, subsection 2, for 6 violation of a county ordinance, or the limitation established 7 in section 364.3, subsection 2, for violation of a city 8 ordinance. 9 5. A local authority that uses an automated traffic law 10 enforcement system shall file annually with the department of 11 public safety a report comparing the type and rate of accidents 12 that occurred at each location where an automated traffic law 13 enforcement system was employed during the previous year to 14 the type and rate of accidents at the same location during 15 the previous consecutive year. The report shall be kept on 16 file and used by the governing body of the local authority 17 in evaluating the effectiveness of the automated traffic law 18 enforcement program in improving public safety. 19 Sec. 3. EXISTING AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS 20 —— VALIDITY OF PRIOR NOTICES AND CITATIONS. Notices mailed 21 or citations issued for violations committed prior to the 22 effective date of this Act, pursuant to a local ordinance 23 authorizing the use of an automated traffic law enforcement 24 system, shall not be invalidated by the enactment of this Act 25 and shall be processed according to the provisions of the law 26 under which they were authorized. 27 EXPLANATION 28 This bill authorizes and restricts the use of automated 29 traffic law enforcement systems by state and local highway 30 authorities. 31 The bill defines “automated traffic law enforcement system” 32 as a device with one or more sensors working in conjunction 33 with one of the following: an official traffic-control signal 34 at an intersection, an official traffic-control signal at a 35 -3- LSB 1579XS (3) 85 dea/nh 3/ 5

S.F. 21 railroad grade crossing, a speed measuring device, or any other 1 official traffic control device if failure to comply with the 2 device constitutes a moving violation. An automated traffic 3 law enforcement system records images of vehicles violating 4 an associated traffic-control signal or a speed limit. The 5 definition includes within its scope devices known as “red 6 light cameras” and “speed cameras”. 7 The bill prohibits the use of automated traffic law 8 enforcement systems by the department of transportation, but 9 authorizes their use by local authorities in conjunction with 10 official traffic-control signals or for the enforcement of 11 speed limits pursuant to municipal or county ordinance. 12 A local authority is required to post signs giving notice 13 of the use of an automated traffic law enforcement system 14 on the approach to each location where an automated traffic 15 law enforcement system is in use. The signage must be in 16 conformance with the uniform system adopted by the state. The 17 bill specifies that signs giving notice of an automated traffic 18 law enforcement system being used for speed limit enforcement 19 must be positioned or posted at a distance in advance of the 20 automated traffic law enforcement system which would provide 21 adequate notice to a motor vehicle operator traveling at the 22 speed limit before entering the range of the automated traffic 23 law enforcement system. 24 The bill requires that recorded images produced by an 25 automated traffic law enforcement system showing a violation of 26 a posted speed limit or an official traffic control signal must 27 be reviewed by a peace officer of the local law enforcement 28 agency to affirm that the violation occurred and the identity 29 of the motor vehicle involved in the violation. A notice of 30 a fine or citation issued to the owner of the motor vehicle 31 must include an affidavit bearing the written or electronic 32 signature of the peace officer and a statement, in bold type, 33 regarding the process for appealing the fine. The notice or 34 citation must be mailed to the owner within 30 days following 35 -4- LSB 1579XS (3) 85 dea/nh 4/ 5

S.F. 21 the occurrence of the violation, as evidenced by the postmark. 1 The bill imposes limits on the fine amounts that may 2 be charged by a local authority for automated traffic law 3 enforcement violations and prohibits a local authority from 4 charging administrative costs in addition to a fine. The 5 fine for a violation of an official traffic-control device is 6 limited to $50. For a speeding violation, the fine cannot 7 exceed the amount of the fine set out in Code section 805.8A 8 for an equivalent speeding violation charged as a scheduled 9 violation. Speeding fines are also subject to the limitation 10 under current law, which restricts penalties for violation of 11 a local ordinance to not more than the penalty for a simple 12 misdemeanor, currently capped at $625. 13 The bill requires a local authority using an automated 14 traffic law enforcement system to file an annual report with 15 the department of public safety comparing the type and rate 16 of accidents that occurred at each automated traffic law 17 enforcement system location for the two previous years. The 18 report is to be kept on file by the local authority for use by 19 its governing body in evaluating public safety improvements 20 under the automated traffic law enforcement program. 21 The bill provides that notices mailed or citations issued of 22 violations committed prior to the effective date of the bill, 23 pursuant to a local ordinance, are not invalidated by the bill 24 and remain enforceable. 25 -5- LSB 1579XS (3) 85 dea/nh 5/ 5