08 HB77/AP
House
Bill 77 (AS PASSED HOUSE AND SENATE)
By:
Representatives Loudermilk of the
14th,
Scott of the
2nd,
Franklin of the
43rd,
Lunsford of the
110th,
Mumford of the
95th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to require a permit from the Department of
Transportation for the use of a traffic-control signal monitoring device; to
provide for review of permits by the department; to provide for use of a
certified peace officer to swear to a traffic light violation; to provide a
definition; to provide for an engineering study; to provide for changing timing
of the intersection clearance interval; to provide for reports to the Department
of Transportation; to provide for disposition of funds collected through use of
traffic-control signal monitoring devices; to provide for an administrative
review of denied, suspended, or revoked permits; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising paragraph (3) of subsection (f) of Code Section
40-6-20, relating to enforcement by traffic-control signal monitoring devices,
as follows:
"(3)
For the purpose of enforcement pursuant to this subsection:
(A)
The driver of a motor vehicle shall be liable for a civil monetary penalty of
not more than $70.00 if such vehicle is found, as evidenced by recorded images
produced by a traffic-control signal monitoring device, to have been operated in
disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of
subsection (a) of this Code section and such disregard or disobedience was not
otherwise authorized by law;
(B)
The law enforcement agency
authorized to
enforce the provisions of this Code
section
for which
such device is permitted shall send by
first-class
regular
mail addressed to the owner of the motor vehicle postmarked not later than ten
days after the date of the alleged violation:
(i)
A citation for the
alleged
violation, which shall include the date and time of the violation, the location
of the intersection, the amount of the civil monetary penalty imposed, and the
date by which the civil monetary penalty shall be paid;
(ii)
A copy of the recorded image;
(iii)
A copy of a certificate sworn to or affirmed by a
trained law
enforcement
certified
peace officer
or a
technician employed by a law enforcement
agency for
which such device is authorized
to enforce
this Code section and stating that, based
upon inspection of recorded images, the owner´s motor vehicle was operated
in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation
of subsection (a) of this Code section and that such disregard or disobedience
was not otherwise authorized by law;
(iv)
A statement of the inference provided by subparagraph (D) of this paragraph and
of the means specified therein by which such inference may be
rebutted;
(v)
Information advising the owner of the motor vehicle of the manner and time in
which liability as alleged in the citation may be contested in court;
and
(vi)
Warning that failure to pay the civil monetary penalty or to contest liability
in a timely manner shall waive any right to contest liability and result in a
civil monetary penalty;
provided,
however, that only warning notices and not citations for violations shall be
sent during the 30 day period commencing with the installation of a
traffic-control signal monitoring device at such location;
(C)
Proof that a motor vehicle was operated in disregard or disobedience of a
CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code
section shall be evidenced by recorded images produced by a traffic-control
signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this
title. A copy of a certificate sworn to or affirmed by a
trained law
enforcement
certified
peace officer
or a
technician employed by a law enforcement
agency for
which such device is authorized and
stating that, based upon inspection of recorded images, a motor vehicle was
operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in
violation of subsection (a) of this Code section and that such disregard or
disobedience was not otherwise authorized by law shall be prima-facie evidence
of the facts contained therein; and
(D)
Liability under this subsection shall be determined based upon preponderance of
the evidence. Prima-facie evidence that the vehicle described in the citation
issued pursuant to this subsection was operated in violation of subsection (a)
of this Code section, together with proof that the defendant was at the time of
such violation the registered owner of the vehicle, shall permit the trier of
fact in its discretion to infer that such owner of the vehicle was the driver of
the vehicle at the time of the alleged violation. Such an inference may be
rebutted if the owner of the vehicle:
(i)
Testifies under oath in open court
or submits to
the court a sworn notarized statement that
he or she was not the operator of the vehicle at the time of the alleged
violation;
(ii)
Presents to the court a certified copy of a police report showing that the
vehicle had been reported to the police as stolen prior to the time of the
alleged violation; or
(iii)
Submits to the court a sworn notarized statement identifying the name of the
operator of the vehicle at the time of the alleged violation."
SECTION
1.1.
Said
title is further amended by revising paragraph (5) of subsection (f) of Code
Section 40-6-20, relating to enforcement by traffic-control signal monitoring
devices, as follows:
"(5)
If a person summoned by
first-class
regular
mail fails to appear on the date of return set out in the citation and has not
paid the penalty for the violation or filed a police report or
affidavit
notarized
statement pursuant to
division
(3)(D)(ii) or (3)(D)(iii)
subparagraph
(D) of paragraph (3) of this subsection,
the person
shall then be summoned a second time by certified mail with a return receipt
requested. The second summons shall include all information required in
subparagraph (B) of paragraph (3) of this subsection for the initial summons and
shall include a new date of return. If a person summoned by certified mail
again fails to appear on the date of return set out in the second citation and
has failed to pay the penalty or file an appropriate document for
rebuttal, the person summoned shall have
waived the right to contest the violation and shall be liable for a civil
monetary penalty of not more than $70.00."
SECTION
2.
Said
title is further amended by revising paragraph (8) of subsection (f) of Code
Section 40-6-20, relating to enforcement by traffic-control signal monitoring
devices, as follows:
"(8)
The provisions of this subsection shall not limit law enforcement agencies to
the use of traffic-control signal monitoring devices in enforcing subsection (a)
of this Code section; and, when there is evidence obtained from another source
or sources which constitutes a prima-facie case of a violation of subsection (a)
of this Code section, such violation may be prosecuted as otherwise provided by
law in lieu of, but not in addition to, enforcement under this
subsection.
A governing
authority shall not impose a civil penalty under this subsection on the owner of
a motor vehicle if the operator of the vehicle was arrested or issued a citation
and notice to appear by a peace officer for the same violation that is recorded
by a traffic-control signal monitoring
device."
SECTION
3.
Said
title is further amended by revising Code Section 40-14-20, relating to
definitions for the use of traffic-control signal monitoring devices, by
redesignating paragraphs (1) and (2) as paragraphs (2) and (3) and adding a new
paragraph (1) as follows:
"(1)
'Governing authority' means any county, municipality, or consolidated
government."
SECTION
4.
Said
title is further amended by revising Code Section 40-14-21, relating to the use
of traffic-control signal monitoring devices, as follows:
"40-14-21.
(a)
A governing
authority must obtain an operating permit from the Department of Transportation
prior to using any traffic-control signal monitoring
device. The
law
enforcement agency of any county or
municipality
governing
authority shall not use traffic-control
signal monitoring devices unless the chief law enforcement officer of such
county or
municipality
governing
authority desires the use of such devices
and such use is approved by
a properly
adopted resolution of the governing
authority.
(b)
The governing authority
of the
county or municipality shall
also
conduct a public hearing on the proposed use of such devices prior to entering
any contract on or after July 1, 2001, for the use or purchase of such
devices.
(c)
The Department of Transportation is authorized to prescribe by appropriate rules
and regulations the manner and procedure in which applications shall be made for
traffic-control signal monitoring device permits and to prescribe the required
information to be submitted by an applicant consistent with the requirements of
this title. The Department of Transportation may deny an application or suspend
or revoke a permit for failure of the governing authority to provide requested
information or documentation or for any other violation of this article or
violation of the rules and regulations of the department.
(d)
An application for the operation of a traffic-control signal monitoring device
by a governing authority shall name the intersection at which the device is to
be used and provide demonstrable evidence that there is a genuine safety need
for the use of such device at the designated intersection. The documented
safety need for each designated intersection shall be approved by the Department
of Transportation in accordance with nationally recognized safety standards. For
each designated intersection, the governing authority shall conduct a traffic
engineering study to determine whether, in addition to or as an alternative to
the traffic-control signal monitoring device, there are other possible design or
operational changes likely to reduce the number of accidents or red light
violations at that intersection. This report shall be submitted with the
application for an operation permit required under these provisions and any
request to amend the operation permit to include an additional
intersection.
(e)
The revenue generated by the use of a traffic-control signal monitoring device
shall not be considered when determining whether to issue a permit for the
operation of such devices at a designated intersection. The only consideration
shall be the increased life-saving safety value by the use of such a device at
the designated intersection.
(f)
Permits shall be issued by the Department of Transportation within three months
of receiving a completed permit application from a governing authority where
such governing authority is otherwise in compliance with the provisions of this
article. An application for amendment to an existing permit and an application
for a renewal permit following a suspension or revocation of a permit shall also
be processed within three months of receipt of such application, provided that
the application is complete and complies with the provisions of this article. A
permit shall authorize use of a traffic-control signal monitoring device for
only those designated intersections approved as having a documented life-saving
safety need by the Department of Transportation.
(g)
No county
or municipal governing authority shall be
authorized to use traffic-control signal monitoring devices where any arresting
officer or official of the court having jurisdiction of traffic cases is paid on
a fee system. This subsection shall not apply to any official receiving a
recording fee.
(c)(h)
If a county
or municipality
governing
authority elects to use traffic-control
signal monitoring devices, no portion of any civil monetary penalty collected
through the use of such devices may be paid to the manufacturer or vendor of the
traffic-control signal monitoring devices. The compensation paid by the
county or
municipality
governing
authority for such devices shall be based
on the value of such equipment and shall not be based on the number of citations
issued or the revenue generated by such devices.
(d)(1)(i)
A
Charges for
violations based on evidence obtained from
a traffic-control signal monitoring device
shall not be
used
made
by a law enforcement agency unless the law enforcement agency employs at least
one full-time certified peace officer.
(2)
Failure of a law enforcement agency to continue to meet the standards provided
by this subsection shall cause such agency to be ineligible to use
traffic-control signal monitoring devices.
(e)(j)
A traffic-control signal monitoring device shall not be used to produce any
photograph, microphotograph, electronic image, or videotape showing the identity
of any person in a motor vehicle.
(k)
A governing authority utilizing traffic-control signal monitoring devices shall
at all times cooperate fully with the Department of Transportation. The
department is authorized, at any time, to inspect traffic-control signal
monitoring devices used by a governing authority and any records pertaining to
revenues collected from the use of such devices.
(l)
A permit may be amended at any time by amended application submitted by a
governing authority. The request to amend an application and to add a new
intersection to the list of authorized intersections for the operation of a
traffic-control signal monitoring device shall be considered by the department
in the same manner as original permit applications.
(m)
A permit shall be reviewed by the Department of Transportation once every three
years from the date of issuance or date of the most recent extension unless the
permit has been revoked or suspended by the department. The review shall be
conducted in the same manner as the original permit application.
(n)
The department is authorized to set reasonable application fees to compensate
the department for necessary costs in issuing, amending, or reviewing a permit
to operate traffic-control signal monitoring devices.
(o)
Any governing authority operating a traffic-control signal monitoring device on
December 31, 2008, shall have until January 1, 2010, to obtain a permit for the
operation of such device as required by this Code
section."
SECTION
5.
Said
title is further amended by revising Code Section 40-14-22, relating to timing
of traffic-control signals, as follows:
"40-14-22.
The
timing of any traffic-control signal which is being monitored by a
traffic-control signal monitoring device shall conform to regulations
promulgated by the Department of Transportation pursuant to Code Section
32-6-50. The
duration of the yellow or red light of any traffic-control device at which a
traffic-control signal monitoring device is installed shall not be decreased
prior to the installation of a device or during the time for which the device is
operated.
The Department
of Transportation shall establish minimal yellow light change interval times for
traffic-control devices at intersections where a traffic-control signal
monitoring device is utilized. The minimal yellow light change interval time
shall be established in accordance with nationally recognized engineering
standards, and any such established time shall not be less than the recognized
national standard plus one additional
second. Each
county or
municipal law enforcement agency
governing
authority using a traffic-control signal
monitoring device shall at its own expense test the device for accuracy at
regular intervals and record and maintain the results of each test. Such test
results shall be public records subject to inspection as provided by Article 4
of Chapter 18 of Title 50. Each such test shall be made in accordance with the
manufacturer´s recommended procedure. Any such device not meeting the
manufacturer´s minimum accuracy requirements shall be removed from service
and thereafter shall not be used by the
county or
municipal
governing
authority, nor shall any charges for violations based on evidence from such
device be made by a law enforcement
agency,
until
it
such
device has been serviced and calibrated at
the expense of the
law
enforcement agency
governing
authority by a qualified
technician."
SECTION
6.
Said
title is further amended by revising Code Section 40-14-23, relating to signs to
notify motorists of use of traffic-control signal monitoring devices, as
follows:
"40-14-23.
Each
county or
municipality
governing
authority using traffic-control signal
monitoring devices shall erect signs on every highway which comprises a part of
the state highway system at that point on the highway which intersects the
jurisdictional limits of the
county or
municipality
governing
authority. A sign shall be erected also
by such entity on each public road on the approach to the next traffic-control
signal for such road when a traffic-control signal monitoring device is
monitoring such next signal for such road
and signs
shall also be erected at any other location required by the Department of
Transportation. Such signs shall be
at least 30
inches by 30 inches in measurement and shall warn approaching motorists that
traffic-control signal monitoring devices are being
employed
of a design
specified by the Department of Transportation in accordance with nationally
recognized standards."
SECTION
7.
Said
title is further amended by revising Code Section 40-14-24, relating to reports
regarding use of traffic-control signal monitoring devices, as
follows:
"40-14-24.
(a)
Each county
or municipality
governing
authority using any traffic-control signal
monitoring device shall submit not later than February 1 of each year a report
on such use during the preceding calendar year to the
Governor,
the Lieutenant Governor, and the Speaker of the House of
Representatives
Department of
Transportation. Such report shall include,
without limitation:
(1)
A description of the locations where traffic-control signal monitoring devices
were used;
(2)
The number of violations recorded at each location and in the aggregate on a
monthly basis;
(3)
The total number of citations issued;
(4)
The number of civil monetary penalties and total amount of such penalties paid
after citation without contest;
(5)
The number of violations adjudicated and results of such adjudications,
including a breakdown of dispositions made;
(6)
The total amount of civil monetary penalties paid; and
(7)
The quality of the adjudication process and its results.
(b)
If any governing authority fails to provide the report provided for in
subsection (a) of this Code section all revenues generated from the operation of
any traffic-control signal monitoring device from the date the report was due
shall be forwarded to the general fund of the state. The governing authority
shall not be entitled to retain any revenue until the annual report is filed and
accepted by the Department of Transportation.
(c)
The Department of Transportation shall forward copies of all reports to the
offices of the Governor, Lieutenant Governor, and the Speaker of the House by
March 1 of each year. The department shall also forward to the offices of the
Governor, Lieutenant Governor, and the Speaker of the House a complete list of
all traffic-control signal monitoring devices currently in
use."
SECTION
8.
Said
title is further amended by adding at the end of Article 3 of Chapter 14,
relating to traffic-control signal monitoring devices, new Code sections to read
as follows:
"40-14-25.
(a)
Complaints surrounding the use and operation of traffic-control signal
monitoring devices by governing authorities, including the use by a governing
authority for any purpose other than the promotion of the public health,
welfare, and safety or in a manner which violates this article or violates its
operating permit, may be made to the commissioner of transportation. The
commissioner or the commissioner´s designee is authorized to conduct an
investigation into the acts and practices of the governing authority with
respect to the use of traffic-control signal monitoring devices. If, as a
result of this investigation, there is evidence to substantiate a violation of
this article or the rules and regulations of the Department of Transportation,
the department may take any action deemed necessary to prevent further
misconduct or violations, including denying an application for a permit or
suspension or revocation of a permit.
(b)
There shall be a rebuttable presumption that a governing authority is using
traffic-control signal monitoring devices for purposes other than the promotion
of the public health, welfare, and safety if such devices are used by a
governing authority without a valid permit issued by the Department of
Transportation or in violation of any requirement of this article or the rules
and regulations of the department.
(c)
Where a violation of this article by a governing authority or any law
enforcement agency enforcing the use of traffic-control signal monitoring
devices on behalf of such governing authority is substantiated, the Department
of Transportation may order that revenues generated from the use of
traffic-control signal monitoring devices during the time of such violation or
misconduct shall be remitted to the state´s general fund. The
department´s order to remit funds shall be a continuous order until the
violation is corrected by the governing authority as determined by the
department. Any governing authority failing to abide by such order shall be
liable for interest and costs, including reasonable attorneys fees, incurred in
the enforcement of the order. Jurisdiction for enforcing the department´s
order shall be in the Superior Court of Fulton County.
40-14-26.
(a)
Upon issuance by the commissioner of transportation of an order denying an
application for or suspending or revoking a traffic-control signal monitoring
device permit, the governing authority affected shall be afforded a hearing, to
be held within 30 days of the effective date of the order. The hearing shall be
held before the commissioner of the department or his or her designee, and,
within 30 days following the hearing, the governing authority affected shall be
served with a written decision announcing whether the permit shall remain
denied, suspended, or revoked or whether it shall be granted or reinstated.
(b)
Only after the expiration of three years following the revocation of a
traffic-control signal monitoring device permit, shall the governing authority
make application, upon a change of circumstances being shown, to the
commissioner of transportation for a reconsideration of whether the governing
authority should be permitted to use traffic-control signal monitoring
devices."
SECTION
9.
This
Act shall become effective December 31, 2008.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.