Bill Text: IN HB1289 | 2010 | Regular Session | Introduced
Bill Title: Automated traffic control systems.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Courts and Criminal Code [HB1289 Detail]
Download: Indiana-2010-HB1289-Introduced.html
Introduced Version
HOUSE BILL No. 1289
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2; IC 9-21.
Synopsis: Automated traffic control systems. Authorizes the state
police department to install an automated traffic control system in a
construction or maintenance zone where the Indiana department of
transportation or the Indiana finance authority has established
temporary maximum speed limits. Provides: (1) for issuance of a
citation for a violation of the temporary maximum speed limit by an
electronic traffic ticket; and (2) that if the operator of the motor vehicle
cannot be identified by means of the photograph or recorded image
generated by an automated traffic control system, an electronic traffic
ticket may not be mailed or given to the owner or operator of the motor
vehicle.
Effective: July 1, 2010.
Friend, VanDenburgh
January 12, 2010, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 116th General Assembly (2010)
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1289
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-6.1; (10)IN1289.1.1. -->
SECTION 1. IC 9-13-2-6.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 6.1. "Automated traffic control system" means:
(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 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.
SOURCE: IC 9-13-2-34.4; (10)IN1289.1.2. -->
SECTION 2. IC 9-13-2-34.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 34.4. "Construction or maintenance zone" means an
area in which the Indiana department of transportation or the
Indiana finance authority has established a lower speed limit in
accordance with IC 9-21-5-11(a).
SOURCE: IC 9-13-2-121; (10)IN1289.1.3. -->
SECTION 3. IC 9-13-2-121 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 121. (a) "Owner"
means, except as otherwise provided in this section, when used in
reference to a 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 9-21-5-15, has the meaning set forth in IC 9-21-3.5-5.
(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 9-21-5-15, has the meaning set forth in IC 9-21-3.5-5.
SOURCE: IC 9-21-4-20; (10)IN1289.1.4. -->
SECTION 4. IC 9-21-4-20, AS ADDED BY P.L.40-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 20. (a) For purposes of this section, "highway
work zone" has the meaning set forth in IC 8-23-2-15.
(b) The Indiana department of transportation shall design and manufacture or have manufactured signs that inform vehicle operators
(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(e).
SOURCE: IC 9-21-5-11; (10)IN1289.1.5. -->
SECTION 5. IC 9-21-5-11, AS AMENDED BY P.L.40-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 11. (a) Subject to subsection (b), the Indiana
department of transportation, the Indiana finance authority, or a local
authority may establish temporary maximum speed limits in their
respective jurisdictions and in the vicinity of a worksite without
conducting an engineering study and investigation required under this
article. The establishing authority shall post signs notifying the
traveling public of the temporary maximum speed limits established
under this section. A local authority that establishes a temporary
maximum speed limit under this subsection shall maintain a record
that indicates:
(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 section 15 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 section 15 of this chapter.
SOURCE: IC 9-21-5-15; (10)IN1289.1.6. -->
SECTION 6. IC 9-21-5-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 15. (a) As used in this section, "owner" has the
meaning set forth in IC 9-21-3.5-5.
(b) The state police department may install an automated traffic control system in a construction or maintenance zone on a highway under the jurisdiction of the Indiana department of transportation or the Indiana finance authority.
(c) 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.
(d) 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.
(e) 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.
(f) 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 temporary maximum speed limit established under section 11(a) of this chapter:
(1) the motor vehicle allegedly operated in a construction or maintenance zone at a speed violating the temporary 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.
(g) 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 temporary maximum speed limit established under section 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.
(h) 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 construction or maintenance zone. 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.
(i) 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 temporary maximum speed limit established under section 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.
(j) In an action or a proceeding against a person alleged to have violated a temporary maximum speed limit established under section 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.
(b) The state police department may install an automated traffic control system in a construction or maintenance zone on a highway under the jurisdiction of the Indiana department of transportation or the Indiana finance authority.
(c) 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.
(d) 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.
(e) 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.
(f) 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 temporary maximum speed limit established under section 11(a) of this chapter:
(1) the motor vehicle allegedly operated in a construction or maintenance zone at a speed violating the temporary 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.
(g) 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 temporary maximum speed limit established under section 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.
(h) 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 construction or maintenance zone. 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.
(i) 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 temporary maximum speed limit established under section 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.
(j) In an action or a proceeding against a person alleged to have violated a temporary maximum speed limit established under section 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.
