Existing law prohibits a governmental entity or any agent thereof from using photographic, video or digital equipment to gather evidence in order to issue a traffic citation or civil infraction citation, unless the equipment is: (1) a portable camera or event recording device worn or held by a peace officer; (2) installed within a vehicle or facility of a law enforcement agency; or (3) privately owned by a nongovernmental entity. (NRS 484A.600) Sections 2.1-2.7 of this bill provide an exception to this prohibition and create a pilot program authorizing the Department of Transportation, a local authority and a regional transportation commission to allow for the installation and use of an automated traffic enforcement system to enforce certain speed limits in temporary traffic control zones under certain circumstances. Section 2.2 sets forth the conditions for the installation and use of an automated traffic enforcement system and for contracting for such installation and use and requires an entity which installs such a system to, among other things, carry out a public information campaign before commencing any enforcement. Section 2.3 requires a peace officer of a traffic enforcement agency with jurisdiction over the location of the automated traffic enforcement system to review the evidence of a violation detected by an automated traffic enforcement system before a civil infraction citation is issued. Section 2.3 also establishes requirements for the contents and delivery of a civil infraction citation issued based upon evidence collected by an automated traffic enforcement system. Finally, section 2.3 creates a rebuttable presumption that the registered owner of a vehicle is the driver of the vehicle at the time of a violation detected by an automated traffic enforcement system and provides a method for rebutting this presumption. Section 2.4 establishes requirements for the storage and transmission of any photograph, recorded image or data created by an automated traffic enforcement system. Section 2.4 also prohibits any entity that manufactures, maintains, produces or provides an automated traffic enforcement system or related services for sale or lease to this State or any political subdivision of this State from contracting to receive payment on the basis of the number of citations issued. Section 2.6 provides that a violation detected by an automated traffic enforcement system is not a moving traffic violation but is punishable by a civil penalty not to exceed $200. Section 2.6 also requires that any funds collected from such civil infractions in excess of the cost and maintenance of the automated traffic enforcement systems be apportioned by the board of county highway commissioners for certain expenses. Section 2.7 requires the Department, a local authority and a regional transportation commission who authorize the installation and use of an automated traffic enforcement system to annually compile certain information and report it to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Growth and Infrastructure. Section 2.8 of this bill prohibits an employer from considering a civil infraction citation issued to an employee pursuant to section 2.3 for the purpose of progressive discipline against such an employee. Sections 1, 4 and 5 of this bill make conforming changes to: (1) exclude traffic violations detected by an automated traffic enforcement system from the assessment of demerit points; and (2) provide for the issuance of civil infraction citations for violations detected by an automated traffic enforcement system. Section 5 of this bill also extends the time to respond to such a citation to 120 days. Existing law provides that before a hearing to contest the determination that a person has committed a civil infraction, the person is required to post a bond equal to the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation. (NRS 484A.7041) Section 6 of this bill limits the amount of a bond for a civil infraction citation issued for a violation described in section 2.2 to an amount not to exceed $100. Section 8 of this bill provides that the pilot program expires by limitation on June 30, 2029.

Statutes affected:
As Introduced: 483.473, 484A.600, 484A.640, 484A.704
Reprint 1: 483.473, 484A.600, 484A.640, 484A.704, 484A.7041
Reprint 2: 483.473, 484A.600, 484A.640, 484A.704, 484A.7041
BDR: 483.473, 484A.600, 484A.640, 484A.704