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 a governmental entity to allow for the installation and use of an automated traffic enforcement system to enforce provisions of law governing speeding and obedience to traffic-control devices under certain circumstances. Specifically, section 2 requires the governmental entity to: (1) make certain findings about the location where the automated traffic enforcement system will be installed; (2) provide for or undertake a public information campaign about the automated traffic enforcement system; and (3) comply with certain regulations required to be adopted by the Department of Transportation related to automated traffic enforcement system and warning signs. Section 7 of this bill requires the Advisory Committee on Traffic Safety to provide recommendations to the Department related to these regulations. If a governmental entity authorizes the installation and use of an automated traffic enforcement system, section 2 requires a peace officer of a law 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 also establishes requirements for the contents and delivery of the 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. 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. Additionally, section 2 requires money received from such civil penalties to be used for certain purposes related to defraying the costs of the automated traffic enforcement system. Section 6 of this bill makes a conforming change related to the deposit of money received from such civil penalties. Sections 1, 4 and 5 of this bill make conforming changes to: (1) exclude traffic violations detected by an automated traffic enforcement system from an assessment of demerit points; and (2) provide for the issuance of a civil infraction citation for violations detected by an automated traffic enforcement system. Existing law prohibits an insurer from increasing insurance rates or cancelling or refusing to renew an insurance policy if a juvenile court enters a conviction or finding of certain violations relating to speeding. (NRS 690B.028) Section 8 of this bill additionally prohibits a civil infraction citation issued for a violation detected by an automated traffic enforcement system from being used for such purposes.

Statutes affected:
As Introduced: 483.473, 484A.600, 484A.640, 484A.704, 484A.7043, 408.581, 690B.028
BDR: 483.473, 484A.600, 484A.640, 484A.704, 484A.7043, 408.581, 690B.028