Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.562
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                                      H.562
 Introduced by Representatives Coffey of Guilford, LaLonde of South
                Burlington, and Shaw of Pittsford
 Referred to Committee on
 Date:
 Subject: Motor vehicles; traffic enforcement; traffic violations; moving
          violations; automated law enforcement; traffic cameras; automated
          license plate recognition systems; automated traffic law enforcement
          systems
 Statement of purpose of bill as introduced: This bill proposes to authorize,
 until July 1, 2027, automated law enforcement in work zones and up to two
 locations with an increased incidence of crashes or speeding, or both, through
 the use of automated traffic law enforcement (ATLE) systems that utilize radar
 and cameras and, in some instances, automated license plate recognition
 (ALPR) systems for the enforcement of monetary civil penalty only speeding
 violations against the registered owner of the violating motor vehicle.
    An act relating to the temporary use of automated traffic law enforcement
    (ATLE) systems VT LEG #372320 v.2
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 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 23 V.S.A. chapter 15 is amended to read:
          CHAPTER 15. POWERS OF ENFORCEMENT OFFICERS
                        Subchapter 1. General Provisions
 § 1600. DEFINITION
    Notwithstanding subdivision 4(4) of this title, as used in this chapter,
 “Commissioner” means the Commissioner of Public Safety.
                                       ***
                   Subchapter 2. Automated Law Enforcement
 § 1605. DEFINITIONS
    As used in this subchapter:
       (1) “Active data” is distinct from historical data as defined in
 subdivision (5) of this section and means data uploaded to individual
 automated license plate recognition system units before operation as well as
 data gathered during the operation of an ALPR system. Any data collected by
 an ALPR system in accordance with section 1607 of this subchapter shall be
 considered collected for a legitimate law enforcement purpose.
       (2) “Agency” or “law enforcement agency” means an entity of State
 government authorized under Vermont law to issue a Vermont civil violation
 complaint for a violation of State motor vehicle laws or rules that employs at
                                                                        VT LEG #372320 v.2
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 least one law enforcement officer certified in ALPR or ATLE operation by the
 Vermont Criminal Justice Council.
          (3) “Automated license plate recognition system” or “ALPR system”
 means a system of one or more mobile or fixed high-speed cameras combined
 with computer algorithms to convert images of registration number plates into
 computer-readable data.
          (4) “Automated traffic law enforcement system” or “ATLE system”
 means a device with one or more sensors working in conjunction with a speed
 measuring device to produce recorded images of the rear registration number
 plates of motor vehicles traveling at more than five miles above the speed
 limit.
          (5) “Historical data” means any data collected by an ALPR system and
 stored on the statewide automated law enforcement server operated by the
 Vermont Justice Information Sharing System of the Department of Public
 Safety. Any data collected by an ALPR system in accordance with section
 1607 of this subchapter shall be considered collected for a legitimate law
 enforcement purpose.
          (6) “Law enforcement officer” means a State Police officer, municipal
 police officer, motor vehicle inspector, Capitol Police officer, constable,
 sheriff, or deputy sheriff certified by the Vermont Criminal Justice Council as
 a Level II or Level III law enforcement officer under 20 V.S.A. § 2358.
                                                                        VT LEG #372320 v.2
     BILL AS INTRODUCED                                                           H.562
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       (7) “Legitimate law enforcement purpose” applies to access to active or
 historical data and means investigation, detection, analysis, or enforcement of a
 crime or of a commercial motor vehicle violation or a person’s defense against
 a charge of a crime or commercial motor vehicle violation, or operation of
 AMBER alerts or missing or endangered person searches.
       (8) “Owner” means the registered owner of a motor vehicle or a lessee
 of a motor vehicle under a lease of one year or more.
       (9) “Recorded image” means a photograph, microphotograph, electronic
 image, or electronic video that shows, clearly enough to identify, the rear
 registration number plate of a motor vehicle that has activated the radar
 component of an ATLE system by traveling past the ATLE system at more
 than five miles above the speed limit.
       (10) “Vermont Intelligence Center analyst” means any sworn or civilian
 employee who through employment with the Vermont Intelligence Center
 (VIC) has access to secure storage systems that support law enforcement
 investigations.
 § 1606. AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS;
          SPEEDING
    (a) Use. Deployment of ATLE systems by Vermont law enforcement
 agencies is intended to provide automated law enforcement for speeding
 violations in instances of insufficient staffing or inherent on-site difficulties in
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 such a way so as to improve work crew safety and reduce traffic crashes
 resulting from an increased adherence to traffic laws achieved by effective
 deterrence of potential violators, which could not be achieved by traditional
 law enforcement methods or traffic calming measures, or both. Deployment of
 ATLE systems by Vermont law enforcement agencies is not intended to
 replace law enforcement personnel, nor is it intended to mitigate problems
 caused by deficient road design, construction, or maintenance.
    (b) Operation. A Vermont law enforcement officer shall be certified in
 ATLE operation by the Vermont Criminal Justice Council in order to operate
 an ATLE system.
    (c) Locations. An automated traffic law enforcement system may only be
 utilized:
       (1) at a location in the vicinity of a work zone and if the agency with
 jurisdiction over the location determines, in its sole discretion, that it may be
 impractical or unsafe to utilize traditional law enforcement methods or traffic
 calming measures, or both, or that the use of law enforcement personnel or
 traffic calming measures, or both, has failed to deter violators, provided that:
             (A) the agency confirms, through a traffic engineering analysis of the
 proposed location, that the location meets highway safety standards;
             (B) the ATLE system is not used as a means of combating
 deficiencies in roadway design or environment;
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          (C) at least two signs notifying members of the traveling public of the
 use of an ATLE system are in place before any recorded images or other data
 is collected by the ATLE system;
          (D) there is a sign at the end of the work zone;
          (E) the ATLE system is only in operation when workers are present
 in the work zone and at least one of the signs required under subdivision (C) of
 this subdivision (1) indicates whether the ATLE system is currently in
 operation; and
          (F) there is notice of the use of the ATLE system on the agency’s
 website, including the location and typical hours when workers are present and
 the ATLE system is in operation; and
       (2) at up to two additional locations with a high incidence of crashes or
 speeding, or both, if the Department of Public Safety determines, in its sole
 discretion, that it may be impractical or unsafe to utilize traditional law
 enforcement methods or that the use of law enforcement personnel or traffic
 calming measures, or both, has failed to deter violators, provided that:
          (A) the Agency of Transportation confirms, through a traffic
 engineering analysis of the proposed location, that the location meets highway
 safety standards;
          (B) the ATLE system is not used as a means of combating
 deficiencies in roadway design or environment;
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             (C) at least two signs notifying members of the traveling public of the
 use of an ATLE system are in place before any recorded images or other data
 is collected by the ATLE system; and
             (D) there is notice of the use of the ATLE system, including its
 location, on the Department of Public Safety and the Agency of
 Transportation’s websites.
    (d) Daily log.
          (1) The law enforcement agency that deploys an ATLE system in
 accordance with this section must maintain a daily log for each deployed
 ATLE system that includes:
             (A) the date, time, and location of the ATLE system setup; and
             (B) the name of the law enforcement officer that performed any self-
 tests required by the ATLE system manufacturer and the results of those self-
 tests.
          (2) The daily log shall be retained in perpetuity and admissible in any
 proceeding for a violation involving ATLE systems deployed by the law
 enforcement agency.
    (e) Annual calibration. All ATLE systems shall undergo an annual
 calibration check performed by a calibration laboratory. The calibration
 laboratory shall issue a signed certificate of calibration after the annual VT LEG #372320 v.2
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 calibration check, which shall be retained in perpetuity and admissible in any
 proceeding for a violation involving the ATLE system.
    (f) Penalty.
       (1) The owner of the motor vehicle bearing the rear registration number
 plate captured in a recorded image shall be liable for one of the following civil
 penalties unless, for the violation in question, the owner is convicted of
 exceeding the speed limit under chapter 13 of this title or has a defense under
 subsection (h) of this section:
          (A) $0.00, which shall be exempt from surcharges under 13 V.S.A.
 § 7282(a), and a written warning for a first violation within 12 months;
          (B) $200.00 for a second violation within 12 months; and
          (C) $500.00 for a third or subsequent violation within 12 months.
       (2) The owner of the motor vehicle bearing the rear registration number
 plate captured in a recorded image shall not be deemed to have committed a
 crime or moving violation unless otherwise convicted under another section of
 this title, and a violation of this section shall not be made a part of the
 operating record of the owner or considered for insurance purposes.
    (g) Notice and complaint.
       (1) An action to enforce this section shall be initiated by issuing a
 Vermont civil violation complaint to the owner of a motor vehicle bearing the VT LEG #372320 v.2
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 rear registration number plate captured in a recorded image and mailing the
 Vermont civil violation complaint to the owner by U.S. mail.
       (2) The civil violation complaint shall:
            (A) be based on an inspection of recorded images and data produced
 by one or more ATLE systems or one or more ATLE and ALPR systems;
            (B) be issued, sworn, and affirmed by the law enforcement officer
 that inspected the recorded images and data;
            (C) enclose copies of applicable recorded images and at least one
 recorded image showing the rear registration number plate of the motor
 vehicle;
            (D) include the date, time, and place of the violation;
            (E) include the applicable civil penalty amount and the dates, times,
 and places for any prior violations from the prior 12 months; and
            (F) include written verification that the ATLE system was operating
 correctly at the time of the violation and the date of the most recent inspection
 that confirms the ATLE system to be operating properly.
       (3) In the case of a violation involving a motor vehicle registered under
 the laws of this State, the civil violation complaint shall be mailed within 30
 days after the violation to the address of the owner as listed in the records of
 the Department of Motor Vehicles.
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       (4) In the case of a violation involving a motor vehicle registered under
 the laws of a jurisdiction other than this State, the notice of violation shall be
 mailed within 30 days after the discovery of the identity of the owner to the
 address of the owner as listed in the records of the official in the jurisdiction
 having charge of the registration of the motor vehicle and shall be invalid
 unless provided to the owner within 90 days after the violation.
       (5) The civil violation and complaint shall include the following text:
    This civil violation and complaint shall be returned personally, by mail, or
 by an agent duly authorized in writing within 30 days after issuance. A
 hearing may be obtained upon the written request of the registered owner.
    (h) Defenses. The following shall be defenses to a violation under this
 section:
       (1) that the vehicle was reported to an agency as stolen prior to the time
 the violation occurred and was not recovered prior to the time the violation
 occurred;
       (2) that the individual receiving the notice of violation was no longer the
 owner at the time of the violation; and
       (3) that the radar component of the ATLE system was not properly
 calibrated or tested at the time of the violation.
    (i) Contest or payment.
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       (1) Contest. Notwithstanding 4 V.S.A. chapter 29, an owner may,
 within 30 days after the issuance of the Vermont civil violation complaint,
 request a hearing in writing on the prescribed form returned to the Vermont
 Judicial Bureau. Upon receipt, the Bureau shall schedule a hearing and
 hearings shall be held pursuant to 4 V.S.A. § 1106 and appealable pursuant to
 4 V.S.A. § 1107.
       (2) Admission.
             (A) Notwithstanding 4 V.S.A. chapter 29, failure to request a hearing
 pursuant to subdivision (1) of this subsection (i) shall be deemed an admission
 of responsibility for the violation and, if there is a civil penalty provided in the
 Vermont civil violation complaint, payment shall be made personally, through
 an authorized agent, electronically, or by U.S. mail to the Vermont Judicial
 Bureau within 90 days after the issuance of the Vermont civil violation
 complaint.
             (B) Payment of the civil penalty shall operate as a final disposition of
 the case.
             (C) If payment is not received by the Vermont Judicial Bureau within
 90 days after the issuance of the Vermont civil violation complaint, the
 payment shall be treated as if owed under 4 V.S.A. § 1109 and the Vermont
 Judicial Bureau may turn the matter over to a designated collection agency.
    (j) Retention.
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       (1) All recorded images shall be sent to the Department of Public Safety
 to be retained pursuant to the requirements of subdivision (2) of this
 subsection. The Department of Public Safety shall maintain the automated
 traffic law enforc