LEGISLATIVE GENERAL COUNSEL H.B. 201
6 Approved for Filing: K.P. Gasser 6 1st Sub. (Buff)
6 02-15-24 6:14 PM 6
Representative Brett Garner proposes the following substitute bill:
1 AUTOMATED SAFETY ENFORCEMENT IN SCHOOL AND
2 CONSTRUCTION ZONES
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brett Garner
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill creates the Speed Safety Camera Pilot Program, amends restrictions on the use
11 of a speed safety camera for traffic enforcement, and allocates fees collected from speed
12 safety camera penalties.
13 Highlighted Provisions:
14 This bill:
15 < defines terms;
16 < creates the Speed Safety Camera Pilot Program that allows the use of a speed safety
17 camera without a peace officer present in certain circumstances;
18 < describes when law enforcement can use a speed safety camera for speed limit
19 enforcement;
20 < limits the number of construction and school zones in which the Department of 1st Sub. H.B. 201
21 Transportation and the Department of Public Safety may implement a speed safety
22 camera enforcement program;
23 < limits the use of a speed safety camera in a school zone to times when traffic speeds
24 are reduced in the school zone;
25 < limits a violation enforced by a speed safety camera to a civil violation and specifies
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26 civil penalties;
27 < prohibits the use of evidence captured by a speed safety camera to only be used for
28 moving traffic violations unless the evidence is obtained pursuant to a warrant;
29 < requires a contract with a third party vendor to administer certain components of a
30 speed safety camera program;
31 < requires relevant agencies to publish on the relevant agency website certain
32 information about the speed safety camera programs;
33 < designates the Zero Fatalities initiative as the highway safety initiative of the
34 Department of Transportation;
35 < allocates the revenues from certain fines collected from a speed safety camera to the
36 prosecuting government entity and to the Zero Fatalities initiative in the Department
37 of Transportation; and
38 < makes technical changes.
39 Money Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 This bill provides a special effective date.
43 Utah Code Sections Affected:
44 AMENDS:
45 51-2a-301, as last amended by Laws of Utah 2022, Chapter 89
46 63I-1-241, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, and 335
47 63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
48 ENACTS:
49 72-1-218, Utah Code Annotated 1953
50 REPEALS AND REENACTS:
51 41-6a-608, as renumbered and amended by Laws of Utah 2005, Chapter 2
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 41-6a-608 is repealed and reenacted to read:
55 41-6a-608. Speed safety camera pilot program -- Restrictions on use.
56 (1) As used in this section:
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57 (a) "Construction zone" means a portion of a highway under construction,
58 reconstruction, replacement, or improvement.
59 (b) "Department of Transportation" means the Department of Transportation created in
60 Section 72-1-201.
61 (c) "Reduced speed school zone" means the same as that term is defined in Section
62 41-6a-303.
63 (d) "Speed safety camera" means a device used primarily for speed limit enforcement
64 consisting of a radar or lidar unit and camera which automatically captures a photograph of a
65 vehicle, with the vehicle's speed, the date, time of day, and location of the violation included on
66 the photograph.
67 (2) (a) (i) Subject to Subsections (3) and (4), in coordination with an applicable local
68 law enforcement agency and the department, the Department of Transportation shall implement
69 a Speed Safety Camera Pilot Program, as described in this Subsection (2), for speed limit
70 enforcement on:
71 (A) a state highway; or
72 (B) a local highway, if the applicable local highway authority provides the department
73 and Department of Transportation written permission to place a speed safety camera on the
74 local highway authority's highway.
75 (ii) A Speed Safety Camera Pilot Program may only be established in a construction
76 zone or a reduced speed school zone.
77 (b) The Speed Safety Camera Pilot Program shall begin on July 1, 2024, and end on
78 August 30, 2025.
79 (c) Subject to Subsection (2)(d), the Department of Transportation and the department
80 may implement a speed safety camera in:
81 (i) no more than five reduced speed school zones with each zone having up to two
82 speed safety cameras, one for each direction of traffic; and
83 (ii) no more than five construction zones with each construction zone having:
84 (A) up to one speed safety camera per freeway entrance, if the construction zone is on a
85 freeway; or
86 (B) up to two speed safety cameras, one for each direction of traffic, if the construction
87 zone is on a highway that is not freeway.
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88 (d) The maximum number of speed safety camera locations the Department of
89 Transportation and the department can collectively employ throughout the state at one time is
90 10 locations.
91 (e) (i) The Department of Transportation shall:
92 (A) install the necessary signs described in Subsection (3)(a)(i);
93 (B) enter into an agreement or contract to obtain the speed safety camera from a vendor
94 as described in Subsection (7);
95 (C) manage the use and maintenance of a speed safety camera and speed safety camera
96 notice signs;
97 (D) collect and send, or ensure the speed safety camera vendor collects and sends,
98 necessary data captured by the speed safety camera to the applicable local law enforcement
99 agency for the enforcing agency to send a civil notice of violation or warning as described in
100 Subsection (5);
101 (E) coordinate with the department and an applicable local law enforcement agency for
102 implementation of the Speed Safety Camera Pilot Program including placement location of a
103 speed safety camera; and
104 (F) determine the placement location for each speed safety camera in consultation with
105 the local law enforcement agency or the department.
106 (ii) The department shall:
107 (A) consult with the Department of Transportation for the Department of
108 Transportation to enter into a contract to purchase, lease, or rent a speed safety camera from a
109 vendor;
110 (B) coordinate with the Department of Transportation to receive the captured data
111 described in Subsection (2)(e)(i)(D);
112 (C) search the department's database of registered vehicles based on the photograph of
113 the violating driver's vehicle's license plate; and
114 (D) send the owner of the vehicle described in Subsection (2)(e)(ii)(C) the warning or
115 civil notice of violation described in Subsection (5).
116 (iii) A local highway authority that agrees to the placement of a speed safety camera in
117 a reduced speed school zone within that local highway authority's jurisdiction shall ensure the
118 local law enforcement agency in that jurisdiction coordinates with the Department of
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119 Transportation for the placement, use, maintenance, or removal of the speed safety camera.
120 (3) (a) Subject to Subsection (4), the department may not use a speed safety camera in
121 an area described in Subsection (2)(c), unless:
122 (i) a prominent sign is posted on the highway providing notice to a motorist that a
123 speed safety camera is in use;
124 (ii) the speed safety camera is programed to account for the margin of error in
125 calibration of a vehicle's speedometer;
126 (iii) use of a speed safety camera by a local highway authority and enforcement by the
127 local law enforcement agency is approved by the local highway authority's governing body; and
128 (iv) the issuance of a civil notice of violation is accompanied by the photograph
129 produced by a speed safety camera.
130 (b) The department may operate a speed safety camera in a reduced speed school zone
131 only during times of the day when the reduced speed school zone is operating and requiring
132 reduced traffic speeds.
133 (4) The Department of Transportation shall:
134 (a) consult with the department and the applicable local law enforcement agency
135 regarding speed safety camera placement locations using:
136 (i) relevant safety metrics; and
137 (ii) factors identifying an area as having the highest potential in preventing loss of life
138 and injury; and
139 (b) determine the placement of a speed safety camera in the reduced speed school
140 zones and construction zones described in Subsection (2)(c).
141 (5) (a) As part of the implementation of a speed safety camera as described in this
142 section, the department or the Department of Transportation shall contract with a third party
143 vendor to perform the duties as described in this Subsection (5).
144 (b) A contract with a third party vendor described in Subsection (5)(a) shall include
145 provisions for the third party vendor to:
146 (i) notify a violator;
147 (ii) issue a warning to a violator;
148 (iii) issue a civil notice of violation to a violator;
149 (iv) collect and remit civil penalties;
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150 (v) administer an opportunity for the individual to appeal a civil notice of violation;
151 (vi) coordinate with the department, the Department of Transportation, or a local law
152 enforcement agency regarding information about the vehicle in question, including the
153 registration status and ownership; and
154 (vii) report to the department, the Department of Transportation, or a local law
155 enforcement agency regarding the duties described in Subsections (5)(b)(i) through (v).
156 (c) If a speed safety camera captures evidence of an individual committing a moving
157 traffic violation as described in Subsection (2), the third party vendor shall:
158 (i) for a vehicle registered in this state, issue notice by mail or personal service within
159 30 days after the date of the alleged violation; or
160 (ii) for a vehicle registered in any other state, issue notice by mail or personal service
161 within 60 days after the date of the alleged violation.
162 (d) For a first violation during the pilot period involving the vehicle, the notice
163 described in Subsection (5)(c) shall:
164 (i) provide information and evidence of the alleged violation; and
165 (ii) provide a warning to the owner of the violation.
166 (e) For a second or subsequent violation during the pilot period, the notice described in
167 Subsection (5)(c) shall:
168 (i) provide information and evidence of the alleged violation;
169 (ii) issue a civil notice of violation to the vehicle owner; and
170 (iii) provide information about how the owner of the vehicle may dispute the civil
171 notice of violation.
172 (f) If the third party vendor fails to provided the notice described in Subsection (5)(c),
173 (d), or (e):
174 (i) the alleged violation may not count toward a first or subsequent violation as
175 described in this Subsection (5); and
176 (ii) may not issue a civil notice of violation for the alleged violation.
177 (g) If an individual fails to pay the civil penalty within 30 days after the notice
178 described in Subsection (5)(e), the third party vendor shall send a civil penalty notice to the
179 owner.
180 (h) If an individual fails to pay the civil penalty or otherwise resolve the alleged
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181 violation within 30 days after the civil penalty notice described in Subsection (5)(g), the third
182 party vendor shall enter an order of liability against the owner.
183 (i) An individual may contest the order of liability described in Subsection (5)(h) in a
184 justice court.
185 (j) Notwithstanding Section 41-6a-303, and after an individual has received a warning
186 as described in Subsection (5)(d), a violation enforced by a speed safety camera in a reduced
187 speed school zone as provided in this section is a civil notice of violation with the following
188 minimum fines:
189 Vehicle Speed Minimum Fine
190 21-29 MPH $50
191 30 MPH and greater $125
192 (k) (i) Except as provided in Subsection (5)(k)(ii), any data or evidence captured by a
193 speed safety camera, other than evidence of an individual committing a moving traffic
194 violation, may not be used as evidence in a criminal or civil proceeding or investigation.
195 (ii) A law enforcement agency may access and use data or evidence captured by a
196 speed safety camera pursuant to a warrant issued under the Utah Rules of Criminal Procedure
197 or an equivalent federal warrant.
198 (l) For a civil fine and forfeiture collected as described in this section the third party
199 vendor shall:
200 (i) if the defendant voluntarily remits the civil fine under this section, allocate 100% to
201 the Department of Transportation's Zero Fatalities initiative described in Section 72-1-218; or
202 (ii) in all other instances, allocate:
203 (A) 40% to the treasurer of the state or local government entity responsible for
204 enforcing the moving traffic violation; and
205 (B) 60% to the Department of Transportation's Zero Fatalities initiative described in
206 Section 72-1-218.
207 (6) (a) Except as provided in Subsection (6)(b), any data or evidence captured by a
208 speed safety camera, other than evidence of an individual committing a moving traffic
209 violation, may not be used as evidence in a criminal or civil proceeding or investigation.
210 (b) A law enforcement agency may access and use data or evidence captured by a speed
211 safety camera pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
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212 equivalent federal warrant.
213 (7) (a) Subject to Subsection (7)(b), the Department of Transportation shall enter into a
214 contract regarding the purchase, lease, or rental of a speed safety camera for use by the
215 department.
216 (b) The contract described in Subsection (7)(a) may not require any condition for
217 issuing a civil notice of violation.
218 (c) The Department of Transportation shall use existing departmental funds to
219 purchase, lease, or rent the speed safety cameras for the pilot program.
220 (8) The Department of Transportation and the department shall make the following
221 information available for public inspection on the respective websites of the Department of
222 Transportation or the department:
223 (a) the terms of any vendor contract regarding the purchase, lease, rental, or use of a
224 speed safety camera;
225 (b) the total fine revenue generated by using a speed safety camera;
226 (c) the number of civil notice of violations issued by the use of a speed safety camera;
227 and
228 (d) the amount paid to the vendor providing a speed safety camera unit.
229 (9) On or before October 1, 2025, the Department of Transportation and the
230 department shall provide a report to the Transportation Interim Committee that summarizes:
231 (a) the effectiveness of speed safety camera enforcement in each selected reduced
232 speed school zone and construction zone described in Subsection (2)(c);
233 (b) if available, the average speed of vehicles driving through each of the reduced
234 speed school zones and construction zones before and after implementation of the pilot
235 program;
236 (c) if available, the crash rates before and after implementation; and
237 (d) other relevant data.
238 (10) A moving traffic violation enforced through the use of a speed safety camera is
239 not a reportable violation as defined under Section 53-3-102, and the Driver License Division
240 may not assess points under Section 53-3-221 against the driving record of a person for the
241 violation.