Bill Text: IN HB1199 | 2011 | Regular Session | Introduced
Bill Title: Automated traffic control systems.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-10 - First reading: referred to Committee on Roads and Transportation [HB1199 Detail]
Download: Indiana-2011-HB1199-Introduced.html
Citations Affected: IC 9-13-2; IC 9-21.
Synopsis: Automated traffic control systems. Authorizes the
installation of an automated traffic control system in a construction or
maintenance zone with a temporary maximum speed limit or a school
speed zone. Provides: (1) for issuance of a citation for a violation of the
maximum speed limit (violation) by an electronic traffic ticket; and (2)
certain defenses to the issuance of a citation for a violation.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Roads and Transportation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) a photographic device;
(2) a radar device;
(3) a laser device; or
(4) another electrical or mechanical device;
designed to record the speed of a motor vehicle and obtain a clear photograph or other recorded image of the motor vehicle, the operator of the motor vehicle, and the vehicle registration number of the license plate of the motor vehicle.
(1) a person who holds the legal title of a motor vehicle;
(2) a person renting or leasing a motor vehicle and having exclusive use of the motor vehicle for more than thirty (30) days; or
(3) if a motor vehicle is the subject of an agreement for the conditional sale or lease vested in the conditional vendee or lessee, or in the event the mortgagor, with the right of purchase upon the performance of the conditions stated in the agreement and with an immediate right of possession of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor.
(b) "Owner", except as provided in subsection (e), for purposes of IC 9-21 and IC 9-25, means, when used in reference to a motor vehicle, a person who holds the legal title of a motor vehicle, or if a:
(1) motor vehicle is the subject of an agreement for the conditional sale or lease of the motor vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee; or
(2) mortgagor of a motor vehicle is entitled to possession;
the conditional vendee or lessee or mortgagor is considered to be the owner for the purpose of IC 9-21 and IC 9-25.
(c) "Owner", for purposes of IC 9-22-1, means the last known record titleholder of a vehicle according to the records of the bureau under IC 9-17.
(d) "Owner", for purposes of IC 9-31, means a person, other than a lienholder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation. The term excludes a lessee under a lease not intended as security.
(e) "Owner", for purposes of IC 9-21-3.5 and IC 9-21-5-17, has the meaning set forth in IC 9-21-3.5-5.
(b) The Indiana department of transportation shall design and manufacture or have manufactured signs that inform vehicle operators
of the offenses and penalties under:
(1) IC 9-21-5-11; and
(2) IC 9-21-8-56.
(c) A sign described in subsection (b) shall be posted at a reasonable
distance before a highway work zone by:
(1) the Indiana department of transportation;
(2) a political subdivision; or
(3) a contractor of the:
(A) Indiana department of transportation; or
(B) political subdivision;
that is working at the highway work zone.
A sign that is posted before a highway work zone must be posted in
accordance with the Indiana Manual on Uniform Traffic Control
Devices or the Indiana Work Site Traffic Control Manual.
(d) If a highway work zone includes a construction or
maintenance zone enforced by means of an automated traffic
control system, the state police department shall post a sign in
accordance with IC 9-21-5-15(d).
(1) Decrease the limit within urban districts, but not to less than twenty (20) miles per hour.
(2) Increase the limit within an urban district, but not to more than fifty-five (55) miles per hour during daytime and fifty (50) miles per hour during nighttime.
(3) Decrease the limit outside an urban district, but not to less than thirty (30) miles per hour.
(4) Decrease the limit in an alley, but to not less than five (5) miles per hour.
(5) Increase the limit in an alley, but to not more than thirty (30) miles per hour.
The local authority must perform an engineering and traffic investigation before a determination may be made to change a speed limit under subdivision (2), (3), (4), or (5) or before the speed limit
within an urban district may be decreased to less than twenty-five (25)
miles per hour under subdivision (1).
(b) Except as provided in subsection (f), a local authority in the
authority's jurisdiction shall determine by an engineering and traffic
investigation the proper maximum speed for all local streets and shall
declare a reasonable and safe maximum speed permitted under this
chapter for an urban district. However, an engineering and traffic study
is not required to be performed for the local streets in an urban district
under this subsection if the local authority determines that the proper
maximum speed in the urban district is not less than twenty-five (25)
miles per hour.
(c) An altered limit established under this section is effective at all
times or during hours of darkness or at other times as may be
determined when appropriate signs giving notice of the altered limit are
erected on the street or highway.
(d) Except as provided in this subsection, a local authority may not
alter a speed limit on a highway or extension of a highway in the state
highway system. A city or town may establish speed limits on state
highways upon which a school is located. However, a speed limit
established under this subsection is valid only if the following
conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed. After June 30, 2011, there
must be:
(A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reduced speed
zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zone
indicating:
(i) the speed limit for the section of highway that follows; or
(ii) the end of the reduced speed zone.
(5) The Indiana department of transportation has been notified of
the limit imposed by certified mail.
(e) A local authority may decrease a limit on a street to not less than
fifteen (15) miles per hour if the following conditions exist:
(1) The street is located within a park or playground established
under IC 36-10.
(2) The:
(A) board established under IC 36-10-3;
(B) board established under IC 36-10-4; or
(C) park authority established under IC 36-10-5;
requests the local authority to decrease the limit.
(3) The speed zone is properly signed.
(f) A city, town, or county may establish speed limits on a street or highway upon which a school is located if the street or highway is under the jurisdiction of the city, town, or county, respectively. However, a speed limit established under this subsection is valid only if the following conditions exist:
(1) The limit is not less than:
(A) twenty (20) miles per hour within an urban district; and
(B) thirty (30) miles per hour outside an urban district.
(2) The limit is imposed only in the immediate vicinity of the school.
(3) Children are present.
(4) The speed zone is properly signed. After June 30, 2011, there must be:
(A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reduced speed zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zone indicating the end of the reduced speed zone.
A city, town, or county that has established a speed zone under this subsection may enforce the speed limit by means of an automated traffic control system in the manner required by sections 16 and 17 of this chapter.
(1) the location of the worksite zone;
(2) the temporary maximum speed limit set and posted for the worksite zone; and
(3) the dates when the temporary maximum speed limit was in effect.
(b) Worksite speed limits set under this section must be ten (10) miles below the maximum established speed limit. A worksite speed limit may not exceed forty-five (45) miles per hour in any location.
(c) A worksite speed limit set under this section may be enforced only if:
(1) workers are present in the immediate vicinity of the worksite; or
(2) if workers are not present in the immediate vicinity of the worksite, the establishing authority determines that the safety of the traveling public requires enforcement of the worksite speed limit.
(d) Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set under this section must be entered as follows:
(1) If the person has not previously committed the infraction of violating a speed limit set under this section, a judgment of at least three hundred dollars ($300).
(2) If the person has committed one (1) infraction of violating a speed limit set under this section in the previous three (3) years, a judgment of at least five hundred dollars ($500).
(3) If the person has committed two (2) or more infractions of violating a speed limit set under this section in the previous three (3) years, a judgment of one thousand dollars ($1,000).
(e) Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the infraction of violating a speed limit set under this section shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
(f) A violation of a speed limit set by the Indiana department of transportation or the Indiana finance authority under subsection (a) may be enforced under sections 15 and 17 of this chapter.
(b) Before the installation of an automated traffic control system, the state police department must conduct a public information campaign to inform operators of motor vehicles concerning the use of automated traffic control systems in construction or maintenance zones.
(c) An automated traffic control system:
(1) may be installed only in an area where road construction is occurring; and
(2) may operate only during periods when workers are present in the construction or maintenance zone.
(d) Before an automated traffic control system installed in a construction or maintenance zone under subsection (b) is used, the state police department shall post signs in the construction or maintenance zone in accordance with the Indiana Manual on Uniform Traffic Control Devices. The signs must clearly indicate that an automated traffic control system is in use in the area in which the signs are posted.
(b) Before the installation of an automated traffic control system, the city, town, or county must conduct a public information campaign to inform operators of motor vehicles concerning the use of automated traffic control systems in school zones.
(c) An automated traffic control system:
(1) may be installed only in a marked school zone; and
(2) may operate only during periods when children are present at the school that is located in the school zone.
(d) Before an automated traffic control system installed in a school zone under subsection (a) is used, the city, town, or county shall post signs in the school zone in accordance with the Indiana Manual on Uniform Traffic Control Devices. The signs must clearly indicate that an automated traffic control system is in use in the area in which the signs are posted.
(b) In order for a photograph or other recorded image made by an automated traffic control system to be introduced as evidence
in an action or a proceeding against an individual alleged to have
violated a speed limit established under section 6(f) or 11(a) of this
chapter:
(1) the motor vehicle allegedly operated at a speed violating
the maximum speed limit;
(2) the operator of the motor vehicle;
(3) the vehicle registration number of a license plate of the
motor vehicle;
(4) the speed of the motor vehicle;
(5) the date of the violation;
(6) the time of the violation; and
(7) the location of the violation;
must be clearly shown on the photograph or recorded image made
by the automated traffic control system.
(c) A photograph or other recorded image made by an
automated traffic control system may be introduced as evidence in
an action or proceeding against an individual alleged to have
violated a speed limit established under section 6(f) or 11(a) of this
chapter even if a law enforcement officer is not present to witness
the alleged speed limit violation detected by the automated traffic
control system.
(d) Except as provided in section 15 or 16 of this chapter, a
photograph or other recorded image made by an automated traffic
control system may not be introduced as evidence in an action or
proceeding against an individual alleged to have violated a speed
limit unless the violation is alleged to have occurred in a speed limit
zone established under section 6(f) or 11(a) of this chapter. The
photograph or recorded image is confidential and may be released
only to:
(1) the owner of the motor vehicle that allegedly appears in
the photograph or other recorded image and the attorney of
the owner;
(2) the alleged violator if the alleged violator is not the owner
of the motor vehicle and the attorney of the alleged violator;
(3) the prosecuting attorney of the county in which the alleged
violation occurred;
(4) the court (as defined in IC 9-30-3-2); and
(5) a law enforcement officer of the jurisdiction in which the
offense occurred.
(e) An electronic traffic ticket shall be mailed or given to the
owner or operator of a motor vehicle that, according to a
photograph or other image made by an automated traffic control
system, allegedly was operated in violation of a speed limit
established under section 6(f) or 11(a) of this chapter. If mailed, the
electronic ticket must be sent by means of certified mail, return
receipt requested, not later than six (6) business days after the day
of the alleged violation. If the operator of the motor vehicle cannot
be identified by means of the photograph or recorded image, an
electronic traffic ticket based on the alleged violation may not be
mailed or given to the owner or operator of the motor vehicle.
(f) In an action or a proceeding against a person alleged to have
violated a speed limit established under section 6(f) or 11(a) of this
chapter based on a photograph or other recorded image made by
an automated traffic control system, it is a defense if the owner of
the motor vehicle:
(1) proves that at the time of the alleged violation the owner
was engaged in the business of renting or leasing vehicles
under written agreements;
(2) proves that at the time of the alleged violation the motor
vehicle was in the care, custody, or control of a person other
than the owner or an employee of the owner under a written
agreement for the rental or lease of the vehicle for a period of
not more than sixty (60) days; and
(3) provides to the traffic violations bureau or court that has
jurisdiction, not later than thirty (30) days after the owner
receives notice of the alleged violation, the name and address
of the person who was renting or leasing the vehicle at the
time of the alleged violation.
Not later than six (6) days after receipt of the information provided
by a motor vehicle owner under subdivision (3), an electronic ticket
must be sent by means of certified mail, return receipt requested,
to the person who is identified in the information provided under
subdivision (3) as having rented or leased the motor vehicle at the
time of the alleged violation.
(g) In an action or a proceeding against a person alleged to have
violated a speed limit established under section 6(f) of this chapter
based on a photograph or other recorded image made by an
automated traffic control system, it is a defense if the owner of the
motor vehicle provides to the traffic violations bureau or court that
has jurisdiction proof that school was not in session at the time of
the alleged violation.
