1 SB149
2 216787-1
3 By Senator Smitherman
4 RFD: Governmental Affairs
5 First Read: 01-FEB-22
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8 SYNOPSIS: This bill would authorize any Class 1
9 municipality to adopt an ordinance providing for
10 automated traffic civil enforcement of red light
11 violations, stop sign violations, and speeding
12 violations.
13
14 A BILL
15 TO BE ENTITLED
16 AN ACT
17
18 Relating to any Class 1 municipality; authorizing
19 automated traffic safety law enforcement in any Class 1
20 municipality, as a civil violation; providing certain
21 procedures to be followed by the municipality using automated
22 photographic traffic enforcement; providing that the owner of
23 a vehicle involved in running a traffic light, stop sign, or
24 violating the speed limit in the municipality is presumptively
25 liable for a civil violation and the payment of a specified
26 fine, but providing procedures to contest liability; providing
27 for jurisdiction in the county where the Class 1 municipality
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1 is located and in the Class 1 municipality over the civil
2 violations, and allowing petitions for judicial review in the
3 circuit court of the county where the Class 1 municipality is
4 located for trial de novo; creating a cause of action for any
5 person held responsible for payment of the fine against the
6 person who was actually operating a vehicle during the
7 commission of a civil violation defined in this act.
8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
9 Section 1. This act shall be known and may be cited
10 as the Class 1 Municipality Automated Traffic Safety Act.
11 Section 2. (a) Any Class 1 municipality, by
12 ordinance, may provide for the implementation of an automated
13 traffic safety system within the municipality as provided for
14 in this act.
15 (b) The Legislature finds and declares the
16 following:
17 (1) Vehicles that violate traffic control
18 regulations and signage have been and are a dangerous problem
19 in any Class 1 municipality.
20 (2) Studies have found that automated traffic camera
21 enforcement in a municipal area is a highly accurate method
22 for detecting violations of traffic control regulations and
23 signage and is very effective in reducing the number of
24 traffic violations and decreasing the number of traffic
25 accidents, deaths, and injuries.
26 (3) State law provides that failing to stop and
27 remain stopped at a traffic control signal which is emitting a
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1 steady red signal is a criminal misdemeanor. State law also
2 provides that failing to abide by traffic signage or speed
3 limits is also a criminal misdemeanor. Under state law, one
4 who commits any of these misdemeanors is subject to
5 prosecution only if the misdemeanor was witnessed by either a
6 duly empowered police officer or other witness who makes a
7 verified complaint to a sworn magistrate.
8 (4) A reduction in the number of drivers exceeding
9 speed limits and running red lights and stop signs through a
10 program utilizing photographic evidence and enforcement
11 through the imposition of civil fines will help promote and
12 protect the health, safety, and welfare of the citizens of the
13 municipality. This act grants the municipality the authority
14 to establish a program to enforce traffic signal violations,
15 stop sign violations, and speeding violations by the use of
16 photographic evidence and the imposition of civil fines.
17 (5) By providing for the use of automated traffic
18 cameras in traffic signal enforcement, stop sign enforcement,
19 and speed limit enforcement in the municipality, the
20 Legislature expects to decrease the occurrence in the
21 municipality of traffic signal violations, stop sign
22 violations, and speeding violations.
23 Section 3. As used in this act, the following terms
24 shall have the following meanings:
25 (1) CIVIL VIOLATION. A violation of the ordinance
26 authorized by this act, the penalty for which violation shall
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1 be the payment of a fine, the enforcement of which will not be
2 otherwise permissible.
3 (2) FINE. The monetary amount assessed by the
4 municipality pursuant to the ordinance authorized by this act
5 for a determination of civil liability for a traffic signal
6 violation, stop sign violation, or speeding violation, which
7 may include administrative hearing costs associated with the
8 infraction.
9 (3) MUNICIPALITY. Any Class 1 municipality.
10 (4) OWNER. The owner of a motor vehicle as shown on
11 the motor vehicle registration records of the Alabama
12 Department of Revenue or the analogous department or agency of
13 another state or nation. The term shall not include motor
14 vehicles displaying dealer license plates, in which event the
15 owner shall mean the person to whom the vehicle is assigned
16 for use; nor shall the term include the owner of any stolen
17 motor vehicle, in which event owner shall mean the person who
18 is guilty of stealing the motor vehicle and who was operating
19 the vehicle at the time of the civil violation.
20 (5) PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT
21 SYSTEM. A system that:
22 a. Consists of a still camera system and full motion
23 video camera system, 30 frames per second or greater; and
24 b. Is capable of producing at least two separate
25 recorded images, such as,
26 1. An image of the rear of a vehicle prior to
27 entering the intersection; and
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1 2. An image of the rear of the vehicle showing the
2 license plate.
3 (6) PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM.
4 A system that:
5 a. Consists of a still camera system and full motion
6 video camera system, 30 frames per second or greater,
7 installed to work in conjunction with an electrically operated
8 traffic control signal; and
9 b. Is capable of producing at least three separate
10 recorded images, such as,
11 1. An image of the rear of a vehicle prior to
12 entering the intersection on a red signal.
13 2. An image of the rear of the vehicle showing the
14 license plate; and
15 3. An image of the rear of the vehicle in or through
16 the intersection when the red signal is visible.
17 c. All images shall be synchronized to a single time
18 source and provide the elapsed time between the first, second,
19 and third photographs or digital images specified in paragraph
20 b.
21 (7) PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM. A
22 system that:
23 a. Has a mobile or fixed electronic speed
24 enforcement system, or both, which is certified and in
25 compliance with the rules of the Federal Communications
26 Commission; and
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1 b. Is capable of producing two or more recorded
2 images, at least one depicting the license plate attached to
3 the rear of a vehicle being operated at a speed in excess of
4 the applicable speed limit.
5 (8) RECORDED IMAGE. An image recorded by the system
6 depicting the rear of a vehicle which is automatically
7 recorded as a photograph or digital image, which also depicts
8 the recorded speed, date, location, and time of the recorded
9 image.
10 (9) SPEEDING VIOLATION. Any violation of a motor
11 vehicle at a speed that exceeds the legal maximum speed limits
12 set forth in or adopted pursuant to Article 8, Chapter 5A,
13 Title 32, or of any combination thereof; provided, however,
14 that speed limits set by action of the governing body of the
15 Class 1 municipality, if any, shall supersede the limits set
16 in Article 8, Chapter 5A, Title 32, Code of Alabama 1975. A
17 speeding violation shall be a civil violation as defined in
18 this act.
19 (10) SPEED LIMIT. The established maximum speed
20 limit on a given roadway prescribed by law.
21 (11) STOP SIGN. A fixed sign of the type authorized
22 by the Alabama Department of Transportation which requires a
23 vehicle to come to a complete stop before entering the
24 intersection.
25 (12) STOP SIGN VIOLATION. Any violation of Section
26 32-5A-112, Code of Alabama 1975, wherein a vehicle proceeds
27 into an intersection after failing to stop at a clearly marked
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1 stop line. A stop sign violation shall be a civil violation as
2 defined in this act.
3 (13) TRAFFIC CONTROL SIGNAL. Any device, whether
4 manually, electrically, or mechanically operated, by which
5 traffic is alternately directed to stop and permitted to
6 proceed as defined in Section 32-1-1.1, Code of Alabama 1975.
7 (14) TRAFFIC SIGNAL VIOLATION. Any violation of
8 Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, Code
9 of Alabama 1975, or of any combination thereof, wherein a
10 vehicle proceeds into a signalized intersection at a time
11 while the traffic control signal for that vehicle's lane of
12 travel is emitting a steady red signal. A traffic signal
13 violation shall be a civil violation as defined in this act.
14 (15) TRAINED TECHNICIAN. A sworn law enforcement
15 officer or an individual certified by the Alabama Peace
16 Officers' Standards and Training Commission (APOSTC), employed
17 or contracted by the municipality, who has received
18 instruction and training in the proper use of the photographic
19 traffic signal enforcement system, the photographic stop sign
20 enforcement system, and the photographic vehicle speed
21 enforcement system used by the municipality, the
22 municipality's traffic engineer, or the municipality's
23 designee.
24 Section 4. (a) The municipality as provided in this
25 act, may adopt an ordinance providing for the utilization by
26 the municipality or its designee of a photographic traffic
27 signal enforcement system, a photographic stop sign
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1 enforcement system, and a photographic vehicle speed
2 enforcement system to detect and record traffic signal
3 violations, stop sign violations, and speeding violations in
4 the municipality, to issue notices of civil violations by
5 mail, and to collect fines for the recorded traffic signal
6 violations, stop sign violations, and speeding violations
7 which may occur within the corporate limits of the
8 municipality as provided in this act.
9 (b)(1) Fines collected pursuant to an ordinance
10 authorized by this act for traffic signal violations and stop
11 sign violations shall not exceed one hundred ten dollars
12 ($110).
13 (2)a. Except for speeding violations that occur in
14 school zones, fines collected pursuant to an ordinance autho-
15 rized by this act for speeding violations shall not exceed the
16 fines as shown in the following table. The following fine
17 shall apply to the owner when captured by the photographic
18 vehicle speed enforcement system where the vehicle was
19 recorded as traveling at the following speeds over the speed
20 limit:
21 Speed over speed limit Fine
22 5 mph through 10 mph $60
23 Greater than 10 mph through 15 mph $110
24 Greater than 15 mph through 20 mph $135
25 Greater than 20 mph $160
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1 b. The fines stated in paragraph a. shall be doubled
2 if the violation occurs and was electronically recorded within
3 a segment of the roadway or intersection designated with
4 signage or signals as a school zone, only during school hours
5 when school is in session and one hour before and after school
6 hours.
7 (3) The first ten dollars ($10) of each fine
8 authorized by this act and collected by the municipality or
9 its designee shall be paid to the Alabama Criminal Justice
10 Information Center as compensation for record keeping with
11 respect to violation notices issued pursuant to this act.
12 (4) Administrative hearing costs shall be assessed
13 only in contested cases. A person who is found liable after an
14 administrative hearing or who requests an administrative
15 hearing and thereafter fails to appear at the time and place
16 of the hearing shall pay the fine amount plus any late fee in
17 addition to a thirty dollar ($30) administrative hearing fee.
18 If the person is found not liable at the administrative
19 hearing, the thirty dollar ($30) administrative hearing fee
20 will not be assessed and any fine and fee paid related to that
21 citation shall be refunded.
22 (c) The municipality or its designee may place
23 photographic traffic signal enforcement systems, photographic
24 stop sign enforcement systems, and photographic vehicle speed
25 enforcement systems at locations within the municipality
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1 without notice of the specific location and may change
2 locations without public notice.
3 (d) The municipality or its designee shall post a
4 sign or signs at each intersection at which a photographic
5 traffic signal enforcement system or photographic stop sign
6 enforcement system is located informing motorists that the
7 devices are in operation at the intersection. The municipality
8 or its designee shall post a sign or signs along each roadway
9 or street at which a photographic vehicle speed enforcement
10 system is located informing motorists that a device is in
11 operation.
12 (e) The municipality may contract with a vendor to
13 perform services authorized by this act.
14 Section 5. (a) The municipality or its designee
15 shall mail a notice of violation by United States mail to the
16 owner of the motor vehicle that is recorded by the
17 photographic traffic signal enforcement system, photographic
18 stop sign enforcement system, or photographic vehicle speed
19 enforcement system while committing a traffic signal
20 violation, stop sign violation, or speeding violation. The
21 notice shall be sent not later than the 30th day after the
22 date the traffic signal violation, stop sign violation, or
23 speeding violation is recorded to:
24 (1) The owner's address as shown on the registration
25 records of the Alabama Department of Revenue; or
26 (2) If the vehicle is registered in another state or
27 country, to the owner's address as shown on the motor vehicle
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1 registration records of the department or agency of the other
2 state or country analogous to the Alabama Department of
3 Revenue.
4 (b) A notice of violation issued under this act
5 shall contain all of the following:
6 (1) A description of the violation.
7 (2) The date, time, and location of the violation.
8 (3) A copy of a recorded image of the vehicle.
9 (4) The amount of the fine to be imposed for the
10 violation.
11 (5) The date by which the fine shall be paid.
12 (6) A statement that the person named in the notice
13 of violation may pay the fine in lieu of appearing at an
14 administrative hearing.
15 (7) Information that informs the person named in the
16 notice of violation:
17 a. Of the right to contest the imposition of the
18 fine in an administrative hearing.
19 b. Of the manner and time in which to contest the
20 imposition of the fine.
21 c. That failure to pay the fine or to contest
22 liability is an admission of liability.
23 (8) A statement that a recorded image is evidence in
24 a proceeding for the imposition of a fine.
25 (9) A statement that failure to pay the fine within
26 the time allowed shall result in the imposition of a late
27 penalty not exceeding twenty-five dollars ($25).
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1 (10) Any other information deemed necessary by the
2 municipality or its designee.
3 (c) A notice of violation under this act is presumed
4 to have been received on the 10th day after the date the
5 notice of violation is placed in the United States mail.
6 (d) A fine imposed pursuant to this act shall be
7 paid within 30 days of the 10th day after the date the notice
8 of violation is mailed.
9 (e) It shall be within the discretion of the trained
10 technician to determine which of the recorded traffic signal
11 violations, stop sign violations, and speeding violations are
12 to be enforced based upon the quality and legibility of the
13 recorded image.
14 Section 6. (a) An administrative hearing officer
15 appointed by the mayor of the municipality is vested with the
16 power and jurisdiction to conduct administrative hearings of