HB 1385-S - 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 may only be operated on city and county roads or highways when being used to enforce school and construction zone speeding, stop light violations, toll enforcement violations, and railroad crossing violations;

     (4) automated traffic enforcement systems may only be operated on state and federal highways when being used to enforce school and construction zone speeding, toll enforcement violations, railroad crossing violations, and ramp metering violations;

     (5) 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;

     (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.