2018 -- H 7760

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LC004870

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- AUTOMATED TRAFFIC VIOLATION

MONITORING SYSTEMS

     Introduced By: Representatives Giarrusso, Price, Quattrocchi, Roberts, and Mendonca

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 31-41.2 of the General Laws entitled "Automated Traffic Violation

Monitoring Systems" is hereby repealed in its entirety.

CHAPTER 31-41.2

Automated Traffic Violation Monitoring Systems

     31-41.2-1. Short title.

     This act shall be cited as the "Rhode Island Automated Traffic Violation Monitoring

System Act of 2005."

     31-41.2-2. Legislative findings.

     It is hereby found and declared that the effective and efficient enforcement of traffic

laws, rules and regulations will assist in insuring safe travel on the streets and highways of this

state. It is hereby declared to be the policy of the state of Rhode Island to authorize and utilize the

best available technology for the monitoring and prosecution of civil traffic violations, including

automated traffic violation detection systems.

     31-41.2-3. Automated traffic violation monitoring systems.

     (a) The state department of transportation and the municipalities of this state are hereby

authorized to install and operate automated traffic violation detection systems. Such systems shall

be limited to systems which monitor and detect violations of traffic control signals. For purposes

of this chapter an automated traffic violation detection system means a system with one or more

motor vehicle sensors which produces images of motor vehicles being operated in violation of

traffic signal laws.

     (b) No automated traffic violation detection system shall be installed pursuant to this

section which has not been approved for use by the director of the state department of

transportation. The director of the state department of transportation shall promulgate regulations

for the approval and operation of said systems pursuant to the administrative procedures act,

chapter 35 of title 42. Systems shall be approved if the director is satisfied they meet standards of

efficiency and accuracy. All systems installed for use under this chapter must be able to record

the image of the vehicle and the license plates of the vehicle.

     (c) In the event that the system is to be installed other than by the state department of

transportation on state-maintained streets or roads, the director of the department of transportation

must approve such installation.

     (d) The state department of transportation and/or the municipalities may enter into an

agreement with a private corporation or other entity to provide automated traffic violation

detection systems or equipment and to maintain such systems.

     (e) Compensation to a private entity that provides traffic signal monitoring devices shall

be based on the value of such equipment and related support services, and shall not be based on

the revenue generated by such systems.

     31-41.2-3.1. Installation and signage.

     (a) The implementing jurisdiction(s) shall post a warning sign at each system location

where a traffic control signal monitoring system is located.

     (b) Such warning signs shall conform to appropriate, federally accepted standards for

traffic control signs.

     (c) Sign signage shall remain at each system location so long as a traffic control signal

monitoring system is in operation.

     31-41.2-4. Procedure -- Notice.

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

produced by an automated, traffic-violation-detection system shall follow the procedures

established in chapter 41.1 of this title; chapter 18 of title 8, except the provisions providing for

payments to the state in §§ 8-18-4 and 8-18-6, and the rules promulgated by the chief magistrate

of the traffic tribunal for the hearing of civil traffic violations. A summons may be issued by an

officer solely based on evidence obtained by use of an automated, traffic-violation-detection

system. All summons issued based on evidence obtained from an automated, traffic-violation-

detection system shall be issued within twenty-eight (28) days of the violation.

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     (b) Notwithstanding any rule, regulation, or other provision of the general or public laws

to the contrary, no city or town shall be required to make payments to the state in implementing

any provision of this chapter until July 1, 2013, nor after July 1, 2015.

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

automated, traffic-violation-detection system that a copy of the summons 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.

     (d) The officer issuing the summons shall certify under penalties of perjury that the

evidence obtained from the automated, traffic-violation-detection 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 summons is not answered within the time period

permitted.

     (e) The summons shall contain all the information provided for on 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, subject to the approval of the supreme court pursuant to § 8-6-2.

     (f) In addition to the summons, the following information shall be attached to the

summons:

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

images taken as proof of the violation;

     (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 § 31-13-4;

     (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.

     31-41.2-5. Hearings.

     Evidence from an automated traffic violation detection system shall be considered

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

traffic violation detection system approved by the director 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 and all defenses

cognizable at law shall be available to the individual who receives the summons commencing a

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prosecution under this chapter.

     31-41.2-6. 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 traffic violations based on evidence obtained from an

automated traffic violation detection 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 procedures in § 31-41.2-4.

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

purposes of this section.

     31-41.2-7. Use of evidence in criminal and civil cases.

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

traffic violation detection system in a criminal or private 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 cases.

     31-41.2-7.1. Nature of violations.

     Notwithstanding any other provision of law:

     (a) No violation for which a civil penalty is imposed under this chapter shall be

considered a moving violation, nor shall be included on the driving record of the person on whom

the liability is imposed, nor shall it be used for insurance rating purposes in providing motor

vehicle insurance coverage until there is a final adjudication of the violation.

     (b) Impositions of a penalty pursuant to this chapter shall not be deemed a criminal

conviction of an owner or operator.

     31-41.2-8. Security of records.

     (a) The recorded images produced by an automated traffic violation detection system

shall not be deemed "public records" subject to disclosure pursuant to subsection 38-2-2(4)(i).

     (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 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 ordered by a court of competent jurisdiction.

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

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

     31-41.2-9. Reports.

     The agency or municipality authorizing the installation of automated traffic signal

detection systems shall prepare an annual report containing data on:

     (1) The number of citations issued at each particular intersection;

     (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 intersection;

     (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 traffic signal detection system; and

     (9) The amount of revenue obtained from the automated traffic signal detection system.

     SECTION 2. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone-

Speed-Enforcement System Act of 2016" is hereby repealed in its entirety.

CHAPTER 31-41.3

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

     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."

     31-41.3-2. Legislative findings.

     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 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. 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.

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

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defined.

     (a) The state department of transportation and the municipalities of this state are hereby

authorized to operate "automated school-zone-speed-enforcement systems."

     (b) For the purposes of this chapter:

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

speed-enforcement system operated within one-quarter (1/4) mile of any type of school in the

state of Rhode Island;

     (2) An "automated traffic-speed-enforcement system" is defined as 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, and may be in fixed or mobile configurations;

and

     (3) A "school zone" is defined as anywhere within a one-quarter (1/4) mile radius of any

type of school in the state of Rhode Island.

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

requirements and certification.

     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. The director of the department of transportation, 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 street, or school zone being monitored, and location upon that

street, or within that school 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 street or school zone being

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monitored; and

     (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, signs shall be erected 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.

     31-41.3-5. Operation of system.

     In the event a fixed or mobile automated traffic-speed-enforcement system is to be

installed or used by any person other than the state department of transportation or state police

personnel on a state maintained street, roadway or highway, the director of transportation shall

approve installation or use of the system.

     31-41.3-6. Maintenance of system.

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

     (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

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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

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

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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.

     31-41.3-12. Nature of violations.

     Notwithstanding any other provision of law:

     (1) No violation for which a civil penalty is imposed under this chapter shall be

considered a moving violation; nor shall it be included on the driving record of the person on

whom the liability is imposed; nor shall it be used for insurance rating purposes in providing

motor vehicle insurance coverage until there is a final adjudication of the violation.

     (2) Impositions of a penalty pursuant to this chapter shall not be deemed a criminal

conviction of an owner or operator.

     (3) The defense available under § 31-41.1-7 shall not be available for any violation

imposed under this chapter.

     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.

     (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

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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.

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

speed-enforcement systems shall prepare an annual report containing data on:

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

     (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;

     (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.

     SECTION 3. 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 TRAFFIC VIOLATION

MONITORING SYSTEMS

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     This act would repeal the Rhode Island automated traffic violation monitoring system act

of 2005 and the Rhode Island automated school-zone-speed-enforcement system act of 2016

authorizing the use of sensors which produce images of motor vehicles violating traffic laws.

     This act would take effect upon passage.

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