2022 -- S 2510

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LC004669

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- AUTOMATED SCHOOL ZONE-

SPEED-ENFORCEMENT SYSTEM ACT OF 2022

     Introduced By: Senators Seveney, DiPalma, and Acosta

     Date Introduced: March 01, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 31-41.3 of the General Laws entitled "Automated School-

Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as follows:

CHAPTER 31-41.3

Automated School-Zone-Speed-Enforcement System Act of 2016

CHAPTER 31-41.3

AUTOMATED SPEED-ENFORCEMENT SYSTEM ACT OF 2022

     SECTION 2. Sections 31-41.3-1, 31-41.3-2, 31-41.3-3, 31-41.3-4, 31-41.3-6, 31-41.3-7,

31-41.3-8, 31-41.3-9, 31-41.3-10, 31-41.3-11, 31-41.3-13, 31-41.3-14 and 31-41.3-15 of the

General Laws in Chapter 31-41.3 entitled "Automated School-Zone-Speed-Enforcement System

Act of 2016" are hereby amended to read as follows:

     31-41.3-1. Short title.

     This act shall be known and may be cited as the "Rhode Island Automated School-Zone-

Speed-Enforcement System Act of 2016 2022."

     31-41.3-2. Legislative findings.

     (a) It is hereby found and declared that ever-increasing violations of the state's school-zone

speed laws and regulations place both motorists and students pedestrians using the state's streets

and roadways within school zones in danger. The legislature hereby declares that the use of

technology to reduce aggressive and dangerous speeding is in the best interest of public safety and

therefore adopts a policy of authorizing the use of automated traffic-speed-enforcement systems in

school zones within the state of Rhode Island. This enabling legislation will authorize the cities and

towns to employ these systems at their discretion, and with the approval of the Rhode Island

department of transportation division of traffic safety. These systems shall be used in conjunction

with civil penalties imposed upon the owners of speeding vehicles in order to reduce speeding

violations.

     Nothing in this chapter shall supersede any criminal or civil penalty or sanction against the

driver of a vehicle who is cited by a law enforcement officer for a speeding violation in a school

zone.

     (b) While automated speed enforcement technology has made significant advances, any

question related to accuracy of identification of the cited vehicle (e.g. multiple vehicles in close

proximity on a multi-lane road) shall not result in any enforcement action.

     (c) The intent of this legislation is to facilitate placement of these automated speed-

enforcement systems only in locations where genuine traffic safety/excessive speed issues exist.

The Rhode Island department of transportation/traffic safety division shall have approval authority

for installation of automated speed-enforcement systems based on results of a road safety audit.

     (d) Automated speed-enforcement systems are not to be used for the purpose of revenue

generation. All proceeds collected through citations shall be restricted to the following uses:

     (1) To defray state or municipal costs for vendor contracts, acquisition, operations and

maintenance of the automated speed-enforcement systems.

     (2) Investment in state or municipal traffic safety programs, law enforcement traffic safety.

     (3) All remaining proceeds from automated speed-enforcement systems will be collected

and placed into a restricted receipt account for use by the Rhode Island department of transportation

division of traffic safety to fund road safety audits.

     (e) Nothing in this chapter shall supersede any criminal or civil penalty or sanction against

the driver of a vehicle who is cited by a law enforcement officer for a speeding violation.

     31-41.3-3. Automated school-zone-speed-enforcement system authorized and defined.

Automated speed-enforcement system authorized and defined.

     (a) The state department of transportation, state turnpike and bridge authority, and the

municipalities of this state are hereby authorized to operate "automated school-zone-speed-

enforcement systems" on all state and local roads and bridges within the State of Rhode Island.

     (b) For the purposes of this chapter:

     (1) An "automated school-zone-speed-enforcement system" is means an automated traffic-

speed-enforcement system operated within one-quarter (¼) mile of any type of school in the state

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of Rhode Island;

     (2) An "automated traffic-speed-enforcement system" is defined as means a system using

one or more vehicle detectors in combination with photography to identify and provide a

photographic image of vehicles which are exceeding the posted speed limit, or the speed limit

designated by state law or regulation, for a given school zone, location on a state or local road,

bridge, or “bridge zone, and may be in fixed or mobile configurations; and

     (3) A "school bridge zone" is defined means as anywhere within a one-quarter (¼) mile

radius of any type of school in the state of Rhode Island a bridge structure owned and/or controlled

by the Rhode Island turnpike and bridge authority and all approaches thereto, including the

approach to the Newport Pell Bridge known as "Structure E".

     31-41.3-4. Automated school-zone-speed-enforcement system operational

requirements and certification. Automated speed-enforcement system operational

requirements and certification.

     (a) No automated school-zone-speed-enforcement system shall be used in the state of

Rhode Island unless the system has been approved and certified for use in the state by the director

of the department of transportation, or for “bridge zones”, by the director of the Rhode Island

turnpike and bridge authority. The director of the department of transportation Each director, in

cooperation with the state police, shall require that any automated school-zone-speed-enforcement

system approved and certified for use in the state of Rhode Island meets the following requirements:

     (1) All automated school-zone-speed-enforcement systems operated under this chapter

shall record the speed of vehicles within plus or minus one mile per hour of the actual speed.

     (2) All automated school-zone-speed-enforcement systems operated under this chapter

shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of

which shall include the license plate attached to the rear of the vehicle.

     (3) All automated school-zone-speed-enforcement systems operated under this chapter

shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the

speed limit:

     (i) The date and time of the violation; and

     (ii) The identity of the highway, street, or school zone bridge or bridge zone being

monitored, and location upon that highway, street, or within that school zone bridge or within the

bridge zone, including the direction of travel and lane of travel; this requirement may be met with

code designations; and

     (iii) The posted or lawfully designated speed limit for the highway, street, bridge or bridge

zone or school zone being monitored; and

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     (iv) The monitored speed of the vehicle identified in the photographic images as exceeding

the posted or lawfully designated school zone speed limit; and

     (v) The consecutive event number of each photograph taken.

     (4) At least one hundred feet (100') prior to entering an automated school-zone area where

a speed-enforcement system is being operated, and on each approach to that area, four (4) signs,

each measuring three feet (3') in height by four feet (4') in width, shall be erected in locations where

the view is unobstructed, warning motorists that they will be entering an area monitored by an

automated speed-zone-enforcement system and that violators of speed limitations may be

prosecuted. The automated school-zone-speed-enforcement system shall be operational only from

seven o'clock a.m. (7:00 a.m.) to six o'clock p.m. (6:00 p.m.) on school days of the promulgated

one-hundred-eighty-day (180) school calendar year adopted in the applicable community. Signs

indicating that speed limits are enforced by automated speed-enforcement systems shall be clearly

posted in areas where the systems are in use, at least one hundred feet (100’) and not more than two

hundred feet (200’) before the location of each system, warning motorists that they will be entering

an area monitored by an automated speed-enforcement system and that violators of speed

limitations may be prosecuted.

     (5)(b) It shall be the vendor's responsibility to furnish an annual report, with all pertinent

data required pursuant to § 31-41.3-14, to the speaker of the house, and the senate president and

the agency or municipality authorizing installation of the automated speed-enforcement system.

     31-41.3-6. Maintenance of system.

     The state department of transportation, municipalities and/or the municipalities Rhode

Island turnpike and bridge authority, may enter into an agreement with a private corporation or

other entity to provide automated school-zone-speed-enforcement systems equipment services and

to maintain the systems. A contract between a government agency and a manufacturer or supplier

of automated traffic-speed-enforcement systems shall be based on the value of such equipment and

related support services and shall not be based on a percentage of the revenue generated by the

automated school-zone-speed-enforcement system.

     31-41.3-7. Citation precedent.

     In the event a law enforcement officer stops and issues a citation to the driver of a vehicle

for a speeding violation, which violation is also captured by an automated school-zone-speed-

enforcement system, the citation issued to the driver by the law enforcement officer shall have and

take precedence, and the automated school-zone-speed-enforcement system citation shall be

dismissed.

     31-41.3-8. Procedure -- Notice.

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     (a) Except as expressly provided in this chapter, all prosecutions based on evidence

produced by an automated school-zone-speed-enforcement system shall follow the procedures

established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the chief

magistrate of the traffic tribunal for the hearing of civil traffic violations. Citations may be issued

by an officer solely based on evidence obtained by use of an automated school-zone-speed-

enforcement system. All citations issued based on evidence obtained from an automated school-

zone-speed-enforcement system shall be issued within fourteen (14) days of the violation.

     (b) It shall be sufficient to commence a prosecution based on evidence obtained from an

automated school-zone-speed-enforcement system, provided that a copy of the citation and

supporting documentation be mailed to the address of the registered owner kept on file by the

registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of issuance

shall be the date of mailing.

     (c) The officer issuing the citation shall certify under penalties of perjury that the evidence

obtained from the automated school-zone-speed-enforcement system was sufficient to demonstrate

a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions

pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual

notice in all cases where the citation is not answered within the time period permitted.

     (d) The citation shall contain all the information provided for in the uniform summons as

referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the

traffic tribunal.

     (e) In addition to the information in the uniform summons, the following information shall

be attached to the citation:

     (1) Copies of two (2) or more photographs, or microphotographs, or other recorded images

taken as proof of the violation; and

     (2) A signed statement by a trained law enforcement officer that, based on inspection of

recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31 relating

to speed restrictions; and

     (3) A statement that recorded images are evidence of a violation of this chapter; and

     (4) A statement that the person who receives a summons under this chapter may either pay

the civil penalty in accordance with the provisions of § 31-41.1-3, or elect to stand trial for the

alleged violation.

     31-41.3-9. Hearings.

     Evidence from an automated school-zone-speed-enforcement system shall be considered

substantive evidence in the prosecution of all civil traffic violations. Evidence from an automated

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school-zone-speed-enforcement system approved by the director of the department of

transportation shall be admitted without further authentication and such evidence may be deemed

sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein,

any defenses cognizable at law, with the exception of that available under § 31-41.1-7, shall be

available to the individual who receives the citation commencing a prosecution under this chapter.

     31-41.3-10. Driver/registered owner liability.

     (a) The registered owner of the motor vehicle shall be primarily responsible in all

prosecutions brought pursuant to the provisions of this chapter, except as otherwise provided in this

section.

     (b) In all prosecutions of civil school-zone violations based on evidence obtained from an

automated traffic-speed-enforcement system, the registered owner of a vehicle which has been

operated in violation of a civil traffic violation, may be liable for such violation. The registered

owner of the vehicle may assume liability for the violation by paying the fine, or by defending the

violation pursuant to the remedies available under the law.

     (c) The lessee of a leased vehicle shall be considered the owner of a motor vehicle for

purposes of this section.

     31-41.3-11. Use of evidence in criminal and civil cases.

     Nothing in this chapter shall prohibit the use of evidence produced by an automated school-

zone-speed-enforcement system in a criminal or civil proceeding; provided, that the admissibility

of such evidence shall follow the applicable laws and rules of procedure and rules of evidence

which apply in criminal and civil proceedings.

     31-41.3-13. Security of records.

     (a) The recorded images produced by an automated school-zone-speed-enforcement

system shall not be deemed "public records" subject to disclosure pursuant to § 38-2-2, and shall

not be subject to disclosure pursuant to the provisions of chapter 2 of title 38.

     (b) All recorded images that do not identify a violation shall be destroyed within ninety

(90) days of the date the image was recorded, unless otherwise ordered by a court of competent

jurisdiction.

     (c) All recorded images that identify a violation shall be destroyed within one year after

the citation is resolved by administrative payment, trial, or other final disposition of the citation,

unless otherwise ordered by a court of competent jurisdiction.

     (d) The privacy of records produced pursuant to this chapter shall be maintained; provided,

that aggregate data not containing personal identifying information may be released.

     31-41.3-14. Reports.

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     (a) The agency or municipality authorizing the installation of automated school-zone-

speed-enforcement systems shall prepare require the vendor providing and/or servicing an

automated speed-enforcement system to produce and provide an annual report as required in § 31-

41.3-4 (b) containing data on:

     (1) The number of citations issued at each particular school zone location;

     (2) The number of those violations paid by mail;

     (3) The number of those violations found after trial or hearing;

     (4) The number of violations dismissed after trial or hearing;

     (5) The number of accidents at each school zone location;

     (6) A description as to the type of accident;

     (7) An indication regarding whether there were any injuries involved in any accident

reported;

     (8) The cost to maintain the automated school-zone-speed-enforcement system; and

     (9) The amount of revenue obtained from the automated school-zone-speed-enforcement

system.

     31-41.3-15. Penalties.

     (a) Every person found to have violated the provisions of this chapter the posted speed limit

and is issued a citation pursuant to the provisions of this chapter and/or is the registered owner of

a motor vehicle issued a citation by an automated speed-enforcement system shall be fined fifty

dollars ($50.00) seventy-five dollars ($75.00) for each offense; provided, however that for a period

of thirty (30) days following the installation of any new automated school-zone-speed-enforcement

system, a violation recorded by the system shall only be enforced by the issuance of a warning.

     (b) A violation of this chapter shall not be considered a moving violation for purposes of

the motorist's driving record.

     (c) Every three (3) years from the date of the motorist's first offense under this chapter, the

court shall expunge any automated school-zone-speed-enforcement violations during the preceding

three-year (3) period.

     SECTION 3. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone-

Speed-Enforcement System Act of 2016" is hereby amended by adding thereto the following

section:

     31-41.3-8.1. Revenue generated by violations.

     Revenue received from the enforcement of speed restrictions by an automated speed-

enforcement system shall be designated for exclusive use to fund traffic violation enforcement, and

for safety programs by municipalities, the department of transportation, and the bridge and turnpike

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authority. Any entity that employs an automated speed-enforcement system shall be responsible to

review for accuracy and certify as correct all detailed costs, revenues and residual balances as part

of the § 31-41.3-4(b) annual report. All revenue balances shall be collected in a restricted receipts

account, managed by the Rhode Island department of transportation division of traffic safety for

use in defraying costs such as conduct of road safety audits, and administration of the automated

speed enforcement system approval process.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- AUTOMATED SCHOOL ZONE-

SPEED-ENFORCEMENT SYSTEM ACT OF 2022

***

     This act would authorize the department of transportation, the turnpike and bridge authority

and the municipalities of this state to operate "automated speed enforcement systems". No good

driving record would be available as a defense for any "automated speed enforcement system"

citation. Each violation would result in a seventy-five dollar ($75.00) fine. Proceeds collected

through citations would be used to defray state or municipal costs for vendor contracts to operate

the system, and to fund road safety audits and programs.

     This act would take effect upon passage.

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