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Introduced Version Senate Bill 606 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 606

(By Senators Love, White and Hunter)

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[Introduced February 23, 2004; referred to the Committee on the Judiciary.]

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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4, §17C-13A-5, §17C-13A-6 and §17C-13A-7, all relating to establishing a traffic control signal monitoring system to monitor violations of stoplight laws involving running red lights; providing for the issuance of a citation for violations; providing a civil penalty of not more than one hundred dollars for violations; providing for enforcement; and requiring adoption of ordinances by county commissions and municipalities.

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-13A-1, §17C-13A-2, §17C-13A-3, §17C-13A-4, §17C-13A-5, §17C-13A-6 and §17C-13A-7, all to read as follows:

ARTICLE 13A. RED LIGHT RUNNING ACT OF 2004.

§17C-13A-1. Red light running act.

This article shall be known and may be cited as the "West Virginia Red Light Running Act of 2004."

§17C-13A-2. Legislative findings.

The Legislature hereby finds and declares that:

(1) The frequency of red light running within the state continues to increase as the number of vehicles increases;

(2) An automated red light camera program will assist state and local governments by reducing the necessity for conducting extensive conventional traffic enforcement at heavily traveled high-risk intersections; and

(3) Based on results of similar programs, the adoption of an automated red light camera program will result in a significant reduction in the number of red light violations and accidents.

§17C-13A-3. Terms defined.

For purposes of this article, the following definitions apply:

(1) "Agency" means the law-enforcement agency of the state, county or municipal government, primarily responsible for enforcing traffic laws and ordinances involving the control of traffic by use of signals operated and maintained at an intersection of a road or highway.

(2) "Court" means a municipal court or magistrate court.

(3) "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more.

(4) "Recorded images" mean images recorded by a traffic control signal monitoring system shown on one or more of the following:

(A) Two or more photographs;

(B) Two or more microphotographs;

(C) Two or more electronic images;

(D) Digital video; or

(E) Any other photographic, electronic or video medium and which show the front and rear of a motor vehicle and, on at least one image clearly identify the registration plate number of the motor vehicle and provide full evidentiary documentation, including a sequence of the front of the offending vehicle approaching the intersection.

(5) "Traffic control signal monitoring system" means a device with one or more aboveground motor vehicle sensors working in conjunction with a traffic signal to produce recorded images of motor vehicles entering the intersection against a red signal indication. The traffic control signal monitoring system must incorporate both a method of predicting motor vehicles entering an intersection against a red signal indication and a method of
monitoring and reporting any change in the duration of the yellow phase at an enforced intersection.
§17C-13A-4. Scope of the article.

This article applies to a violation at an intersection monitored by a traffic control signal monitoring system.

§17C-13A-5. Civil penalty; procedure.

(a) A violation detected solely by a traffic control signal monitoring system is a noncriminal violation for which a civil penalty is assessed. No court costs, assessments or surcharges may be assessed against the owner or driver of the vehicle charged under this article and no points may be assigned by the division of motor vehicles to the owner or driver of the vehicle.

(b) A civil penalty under this article may not exceed one hundred dollars.

(c) Subject to the provisions of this article:

(1) The municipal court clerk or the magistrate court clerk shall mail to the owner liable under this section a citation, which shall include all of the following:

(A) The name and address of the registered owner of the vehicle;

(B) The registration number of the motor vehicle involved in the violation;

(C) The violation charged;

(D) The location of the intersection;

(E) The date and time of the violation;

(F) A copy of the recorded images;

(G) The amount of the civil penalty imposed, and the date by which the civil penalty should be paid;

(H) A signed statement by a properly trained and qualified technician employed by the law-enforcement or other agency that states in pertinent part that based upon the technician?s inspection of recorded images, the motor vehicle was being operated in violation of state or local traffic laws; and

(I) A statement that recorded images are evidence of a violation of this section; and information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested, and 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 the refusal to register or reregister the motor vehicle, or the suspension of the motor vehicle registration.

(2) A citation issued under this section shall be mailed no later than two weeks after the alleged violation.

(3) An agency may not mail a citation to a person who is not an owner unless it is determined by evidence before the court that another person was driving the motor vehicle at the time of
the violation and that person may be mailed a citation.
(4) A person who receives a citation may pay the civil penalty, in accordance with the instructions on the citation, directly to the court or elect to contest the citation before the magistrate or the municipal judge. No person charged under the provisions of this section is eligible for a court appointed attorney to represent them in any court proceeding.

§17C-13A-6. Adjudication.

(a) Adjudication of liability shall be based on a preponderance of evidence. A certificate, sworn to or affirmed by a duly authorized law-enforcement agent stating that based upon an inspection of recorded images produced by a traffic control monitoring system a violation of the traffic laws occurred, shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section.

(b) A court may consider any of the following in defense of a violation:

(1) The driver of the vehicle passed through the intersection in violation of this chapter in order to yield the right-of-way to an emergency vehicle, or as part of a funeral procession;

(2) The motor vehicle or registration plates of the motor
vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;
(3) The citation is unenforceable against the owner because at the time and place of the alleged violation the traffic control signal was not in proper position and able to be seen by an ordinary observant individual;

(4) Evidence that the person named in the citation was not operating the vehicle at the time of the violation; or

(5) Any other issues and evidence that the court deems relevant.

(c) In order to demonstrate that the motor vehicle or the motor vehicle registration plates were stolen before the violation occurred and the motor vehicle was 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 plate was filed in a timely manner prior to the alleged violation. To satisfy the evidentiary burden, the person named in the citation must provide to the court a letter sworn to or affirmed by the person and sent by certified mail, return receipt requested, stating that the person named in the citation was not operating the vehicle at the time of the violation. The affidavit also must provide the name,
address and driver?s license identification number of the person who was operating the vehicle at the time of the violation if known.
(d) If the court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence identifying the person driving the vehicle at the time of the violation, the clerk shall provide to the agency issuing the citation a copy of any evidence identifying the person who was operating the vehicle at the time of the violation. Upon receipt of substantiating evidence from the municipal court, the law-enforcement agency may issue a citation to the person that the evidence indicates was operating the vehicle at the time of the violation. The citation shall be mailed no later than two weeks after receipt of the evidence from the court.

(e) If the civil penalty is not paid and the violation is not contested, the agency shall forward in writing to the division of motor vehicles the motor vehicle owner information, along with a statement that the owner of the motor vehicle involved in the violation has not paid the penalty, or that the owner failed to contest the citation, or both. Upon receipt of the information, the division of motor vehicles shall suspend the vehicle?s current registration and may not register or reregister
the motor vehicle until it receives written notification from the agency that the owner has paid the penalty, or has otherwise resolved the payment of the citation with the agency.
(f) A violation of this section is not a moving violation and may not be recorded on the driving record of the owner or driver of the vehicle. The violation shall be treated as a parking violation for purposes of this section and may not be considered in the provision of motor vehicle insurance coverage.

(g) A municipal court has jurisdiction to try all cases arising within the municipality and the magistrate court has jurisdiction to try all cases arising outside of a municipality or in a municipality if charged in that court. A court has the power to punish for contempt as provided by law.

§17C-13A-7. Ordinance required.
A county commission and the governing body of a municipality may adopt ordinances for the civil enforcement of the provisions of this article by means of traffic control signal monitoring systems in compliance with the provisions of this article.





NOTE: The purpose of this bill is to establish the "West Virginia Red Light Running Act of 2004." Under the bill, a municipality or county commission may provide for a traffic control signal monitoring system to monitor violations of stoplight laws involving running red lights. A civil penalty of not more than one hundred dollars may be charged for violations but the violations are to be considered by insurers and the Division of Motor Vehicles the same as parking violations.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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