HB 1385 - DIGEST

(SEE ALSO PROPOSED 2ND SUB)

     Declares that the use of automated traffic enforcement systems is subject to the following restrictions:  (1) Automated traffic enforcement systems may not be used unless the appropriate local legislative authority first enacts an ordinance allowing for their use;

     (2) automated traffic enforcement systems may take pictures of the vehicle and vehicle license plate only, and no person may appear in the photographs.  If a person in the vehicle does appear in the photograph, the infraction must be dismissed and the photograph and any negatives must be destroyed;

     (3) automated traffic enforcement systems that enforce speed violations may not be used on federal highways or state highways outside the incorporated limits of a city or town;

     (4) the law enforcement agency shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system;

     (5) when using automated traffic enforcement systems to enforce speed violations, a commissioned law enforcement officer in a clearly marked law enforcement vehicle must operate the automated device;

     (6) agencies must mail notices of infractions to the registered owner of the vehicle within fourteen days of the infraction occurring; and

     (7) a person receiving a notice of an infraction based on evidence detected by an automated traffic enforcement system may respond to the notice by mail.