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 and 3 of this bill create an exception to this prohibition, 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 provisions of law governing the speed limits in temporary traffic control zones under certain circumstances. Section 2 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 citation is issued. Section 2 also establishes requirements for the contents and delivery of a civil infraction citation issued based upon evidence collected by an automated traffic enforcement system. Section 2 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. Finally, section 2 provides that a violation detected by an automated traffic enforcement system is not a moving traffic violation but is punishable by a civil penalty. 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.

Statutes affected:
As Introduced: 483.473, 484A.600, 484A.640, 484A.704
BDR: 483.473, 484A.600, 484A.640, 484A.704