H. B. 4740
(By Delegate Evans)
[Introduced February 23, 2006; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17C-3A-1, §17C-3A-2,
§17C-3A-3, §17C-3A-4, §17C-3A-5 §17C-3A-6, §17C-3A-7,
§17C-3A-8, §17C-3A-9, §17C-3A-10, §17C-3A-11, §17C-3A-12 and
§17C-3A-13, all relating to establishing an automated traffic
law-enforcement program and providing penalties for
violations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17C-3A-1, §17C-3A-2,
§17C-3A-3, §17C-3A-4, §17C-3A-5 §17C-3A-6, §17C-3A-7, §17C-3A-8,
§17C-3A-9, §17C-3A-10, §17C-3A-11, §17C-3A-12 and §17C-3A-13, all
to read as follows:
ARTICLE 3A. Automated Traffic Law-Enforcement.
§17C-3A-1. Purpose.
The purpose of this article is to authorize automated traffic
law-enforcement at high-crash or other high-risk locations where
on-site traffic law-enforcement personnel cannot be utilized,
either because of insufficient manpower or inherent on-site
difficulty with enforcement by police officers. It is the
objective of automated traffic law enforcement to reduce traffic
crashes resulting from improved adherence to traffic laws achieved
by effective deterrence of potential violators which could not be
achieved by traditional law-enforcement methods. Automated traffic
law enforcement is not intended to replace traditional law
enforcement personnel, nor is it intended to mitigate problems
caused by deficient road design, construction or maintenance,
rather, it provides enforcement at times and locations when police
manpower is unavailable, difficult to utilize safely, or needed for
other priorities. This article authorizes enforcement for traffic
light, speed and railroad crossing law violations.
§17C-3A-2. Applicability of article.
The state, a county, or a municipality may utilize an
automated traffic law-enforcement system to detect traffic
violations under state or local law, subject to the conditions and
limitations specified in this article.
§17C-3A-3. Limitations on use of automated enforcement.
Automated traffic law-enforcement systems may be utilized only
at locations with high incidences of violations or with high-crash rates due to violations, where it is impractical or unsafe to
utilize traditional enforcement, or where traditional enforcement
has failed to deter violators. In determining deployment of
automated traffic law-enforcement systems, the judgment of the
administering agency, when using due diligence in evaluating the
suitability of potential deployment sites, including consideration
of site violations and crash data, is controlling on where and when
to install automatic traffic law-enforcement systems.
§17C-3A-4. Notice of liability.
(a) In order to enforce the provisions of this article when a
violation is recorded by an automated traffic law-enforcement
system, a law-enforcement agency shall mail by regular United
States mail to the owner of a motor vehicle, a notice of liability,
which shall include:
(1) The name and address of the registered owner of the
vehicle;
(2) The registration number of the motor vehicle involved in
the violation;
(3) The violation charged;
(4) The location where the violation occurred;
(5) The date and time of the violation;
(6) A copy of the recorded images including scene image(s) and
license plate;
(7) The amount of the fine imposed and the date by which it is required to be paid;
(8) A signed statement by a properly trained and accredited
technician employed by the law-enforcement agency that, based on
inspection of recorded images, the motor vehicle was being operated
in violation of a traffic control device or a prevailing traffic
law, ordinance or statute;
(9) A statement that recorded images are evidence of a
violation of a traffic control device, or a prevailing traffic law,
ordinance or statute;
(10) Information advising the person alleged to be liable
under this article:
(A) Of the manner, time, and place in which liability as
alleged in the notice of liability may be contested; and
(B) Warning that failure to pay the civil penalty or to
contest liability in a timely manner is an admission of liability
and may result in denial of renewal of vehicle registration.
(C) Except as provided in subdivision (2) of subsection (f) of
section seven of this article, a notice of liability issued under
this section shall be mailed no later than fourteen days after the
alleged violation for in-state vehicles and twenty-one days for
out-of-state vehicles.
(b) An owner who receives a notice of liability pursuant to
the provisions of this article may:
(1) Pay the fine;
(2) Elect to stand trial for the alleged violation; or
(3) Identify and report the person who was operating the
vehicle at the time of the violation, including the operator's
name, driver license and current address.
§17C-3A-5. Violations.
Unless the driver of the motor vehicle received a notice of
liability from a law-enforcement officer at the time of the
violation, the motor vehicle owner, or the driver if the provisions
of subdivision (2) of subsection (f) of section seven of this
article is applicable, is subject to a fine of not more than one
hundred fifty dollars when a motor vehicle is recorded by an
automated traffic law-enforcement system.
A violation for which a fine is imposed under this article is
not a moving violation for the purpose of assessing points and may
not be recorded on the driving record of the owner or driver of the
vehicle.
§17C-3A-6. Failure to pay penalty or contest violation.
If a person charged with a traffic violation as a result of
automated traffic law-enforcement does not pay the fine resulting
from that violation, the issuing law-enforcement agency shall
transmit an electronic file containing the names and numbers of the
registration plates of the vehicles involved in the violation to the
Division of Motor Vehicles and the Division of Motor Vehicles shall
not issue a new registration for a motor vehicle and shall refuse to re-register any motor vehicles owned by that person until payment
is received by the issuing law-enforcement agency. Within thirty
days of receipt of failure to pay the fine received by the Division
of Motor Vehicles, from the issuing law-enforcement agency, the
division shall notify the registered owner of the registration
suspension and the remedy required for renewal. The Division of
Motor Vehicles shall charge and collect a fee of twenty dollars for
each suspension notice to each registered owner to clear each record
to allow registration or re-registration, upon satisfactory evidence
of payment, which shall consist of a receipt of full payment from
the issuing agency.
§17C-3A-7. Rules of evidence and defenses.
(a) (1) Based on inspection of recorded images produced by an
automated traffic law-enforcement system, a notice of liability or
copy thereof alleging that the violation occurred and signed by a
duly authorized agent of the agency shall be evidence of the facts
contained therein and shall be admissible in any proceeding alleging
a violation under this section.
(2) Adjudication of liability shall be based on a preponderance
of evidence.
(3) Any license plate image used to issue or prosecute any
violation must be an extracted sub-image obtained entirely from an
original scene image captured at the same time from the same camera.
A traffic light and railroad crossing camera shall capture two images of each violation. A photo radar camera shall capture a
minimum of one, but up to two images of a violation.
(b) A court may consider in defense of a violation:
(1) That the motor vehicle or registration plates of the motor
vehicle were stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of the
violation;
(2) Evidence satisfactory to the court that the person named
in the notice of liability was not operating the vehicle at the time
of the violation;
(3) With respect to an alleged traffic light violation,
evidence that the driver of the vehicle passed through the
intersection when the light was red:
(A) In order to yield the right-of-way to an emergency vehicle;
(B) As part of a funeral procession;
(C) The vehicle had not illegally crossed the required stopping
point.
(4) Any other evidence or issues that the court finds
reasonable.
(c) In order to demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred and
were not under the control or possession of the owner at the time
of the violation, the owner must submit proof that a police report
concerning the stolen motor vehicle or registration plates was filed in a timely manner.
(d) In order to demonstrate that the person named in the notice
of liability was not the violator, the person so named in the notice
of liability shall provide evidence satisfactory to the court
identifying the person who was operating the vehicle at the time of
the violation, including the operator's name and current address.
(e) If the person named in the notice of liability is an owner
of a commercial vehicle with a registered gross weight of ten
thousand pounds or more, a tractor vehicle, a trailer operated in
combination with a tractor vehicle or a passenger bus, in order to
demonstrate that he or she was not the violator, he or she shall
provide the following to the court by certified mail return receipt
requested:
(A) Execute an affidavit that the person named in the notice
of liability was not operating this vehicle at the time of the
violation; and
(B) Provide the name, address, and driver's license
identification number of the person who was operating the vehicle
at the time of the violation.
(f) (1) If the court finds that the person named in the notice
of liability was not operating the vehicle at the time of the
violation and receives evidence identifying the person who was
driving the vehicle at the time of the violation, the clerk of the
court shall provide to the law-enforcement agency issuing the notice of liability a copy of the evidence identifying who was operating
the vehicle at the time of the violation.
(2) Upon receipt of evidence from the court that a person other
than the one initially charged was operating the vehicle at the time
of the violation, a law-enforcement agency may issue a notice of
liability to that other person so identified. A notice of liability
issued under this paragraph shall be mailed no later than two weeks
after receipt of the evidence from the court or issuing
law-enforcement agency.
§17C-3A-8. Public information.
A public information campaign must precede the issuance of
notice of liability using an automated traffic law-enforcement
system. An integral part of an automated traffic law-enforcement
program is a community-wide information campaign to inform the
driving public. This public information campaign shall continue
throughout the life of automated traffic law-enforcement program and
may be funded from revenues derived from the program. The goal of
the automated traffic law-enforcement program is reduced traffic
crashes achieved by deterrence of violations, not the issuance of
notices of liability or the generation of revenues.
§17C-3A-9. Payment for Automated Traffic Enforcement System.
The compensation paid to any vendor for an automated traffic
law-enforcement system may be based on a fee per paid notice of
liability, fee per issued notice of liability or a flat monthly fee.
§17C-3A-10. Use of revenues derived from automated enforcement.
Automated enforcement program costs that may be funded by
revenues derived from the fines collected under the provisions of
this article are limited to total program cost, installation and
replacement, program administration, mailing cost and vendor fees,
public information campaigns and education, and periodic program
evaluations of compliance, public awareness and impacts on road
safety.
§17C-3A-11. Adoption of implementing procedures.
In consultation with local governments, the chief judge of the
circuit court, county magistrates and municipal court judges shall
adopt procedures for the issuance of notices of liability, the trial
of violations, and the collection penalties under this article.
Thresholds established for determining violations and protocols for
establishing acceptable evidence of committed violations shall be
established and documented by the law-enforcement agency responsible
for administering the automated enforcement program. This authority
may not be delegated to equipment vendors, service providers or
other private sector institutions or employees.
§17C-3A-12. Program evaluation.
Within three years of the establishment of an automated traffic
law-enforcement program, the implementing jurisdiction shall
initiate a formal evaluation of the program to determine the
program's impact on traffic safety. That evaluation shall be completed within (one year).
§17C-3A-13. Definitions.
(a) "Agency" means any public organization of the state or a
political subdivision that is authorized to issue notices of
liability for a violation of state vehicle law, local traffic
ordinance or regulation.
(b) "Automated traffic law-enforcement system," means a device
with one or more sensors working in conjunction with:
(1) A red light signal to produce recorded images of motor
vehicles entering an intersection against a red signal indication;
or
(2) A speed measuring device to produce recorded images of
motor vehicles traveling at a prohibited rate of speed; or
(3) A device to produce recorded images of motor vehicles
violating railroad grade crossing signals; or
(4) Any other traffic control device if the failure to comply
with it constitutes a moving violation under the laws of this state
or an ordinance of a municipality.
(c) "Automated traffic law-enforcement program" means the
utilization of one or more automated traffic law-enforcement systems
to issue notices of liability for violations of traffic law.
(d)"Manual on Uniform Traffic Control Devices" means the
national standard all traffic control devices installed on any
street, highway or bicycle trail open to public travel in accordance with 23 U.S.C. §109(d) and §402(a).
(e) "Owner" means the registered owner of a motor vehicle or
a lessee of a motor vehicle under a lease of six months or more.
(f) "Recorded images" means images recorded by an automated
traffic law-enforcement system on:
(1) Two or more photographs;
(2) Two or more microphotographs; or
(3) Two or more electronic images, and showing the motor
vehicle and on at least one image clearly identifying the
registration plate number of the motor vehicle. Any license plate
image used to issue or prosecute any violation must be an extracted
sub image obtained entirely from an original scene image captured
at the same time from the same camera.
(g) A "traffic control device" means any sign, signal, marking,
and other device in conformance with the Manual on Uniform Traffic
Control Devices and used to regulate, warn or guide traffic, placed
on, over, or adjacent to a street, highway roadway, pedestrian
facility, or bicycle path by authority of a public body or law
enforcement agency with jurisdiction.
NOTE: The purpose of this bill is to establish
an automated
traffic law-enforcement program and to provide penalties for
violations.
This article is new; therefore, strike-throughs and
underscoring have been omitted.