The bill changes the deadline by which the state, a county, a city
and county, or a city (jurisdiction) is required to issue and send by mail or other delivery service a notice of violation when a traffic violation is detected through the use of an automated vehicle identification system (system) from 90 days after the violation to: •
30 days after the violation if the motor vehicle involved is registered in the state; or
•
60 days after the violation if the motor vehicle involved is registered outside of the state.
The bill specifies the information required in a notice of violation
and a civil penalty assessment notice. If a registered motor vehicle owner (owner) fails to request a hearing to dispute the alleged violation or fails to pay the civil penalty in full by the deadline stated in the notice, the owner waives the right to contest the violation or amount of the penalty, and the jurisdiction is required to enter a final order of liability against the owner. Any appeal of a final order must be brought in the manner required by the jurisdiction for similar appeals.
The bill establishes that the owner of a motor vehicle involved in
a violation detected through the use of a system, including an owner engaged in the business of leasing or renting motor vehicles, is presumed liable for any civil penalty imposed, but the owner may obtain payment for the penalty from a person that leased or rented the motor vehicle at the time the violation occurred or may avoid liability for the civil penalty if the owner demonstrates that, at the time of the violation, the motor vehicle was leased to another person for a period of more than one year.
The bill also specifies the methods by which the owner of a motor
vehicle involved in a traffic violation may rebut the presumption of liability for the violation.
The bill requires a jurisdiction utilizing a system to report unpaid
violations to the department of revenue (department). The department shall keep a record of unpaid violations and suspend the registration of the motor vehicle until the penalty is paid or prohibit the title transfer of the motor vehicle. The bill allows the department to collect a $25 administration fee to cover its administration costs.
The bill requires a jurisdiction implementing a new system after
July 1, 2023, to:
•
Announce the implementation of the system through its website for at least 30 days prior to the use of the system; and
•
Issue only warnings for traffic violations detected by the system for the first 30 days after the system is installed or deployed.
The bill allows a municipality to designate all or a portion of a
street as an automated vehicle identification corridor within which the municipality may locate a system to detect traffic violations under specified circumstances.
The bill permits a jurisdiction to compensate a manufacturer or
vendor of system equipment for the value of services provided, in addition to compensating for the value of the system equipment as permitted under current law. The bill imposes restrictions on when photographs may be taken
by a system and on access to and use of photographs and video created by systems and requires photographs and videos to be destroyed after a specified period, with certain exceptions.
