07 HB
77/CSFA
House
Bill 77 (COMMITTEE SUBSTITUTE) (AM)
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 use of a certified peace officer to swear
to a traffic light violation; to provide for an engineering study; to provide
for changing timing; 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 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 revised in Code Section 40-6-20, relating to enforcement by
traffic-control signal monitoring devices, as follows:
"40-6-20.
(a)
The driver of any vehicle shall obey the instructions of an official
traffic-control device applicable thereto, placed in accordance with this
chapter, unless otherwise directed by a police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle in this
chapter. A violation of this subsection shall be a misdemeanor, except as
otherwise provided by subsection (f) of this Code section.
(b)
No provisions of this chapter which require official traffic-control devices
shall be enforced against an alleged violator if at the time and place of the
alleged violation an official device was not in proper position and sufficiently
legible to be seen by an ordinarily observant person. Whenever a particular Code
section does not state that official traffic-control devices are required, such
Code section shall be effective even though no devices are erected or in
place.
(c)
Whenever official traffic-control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed
to have been so placed by the official act or direction of lawful authority,
unless the contrary shall be established by competent evidence.
(d)
Any official traffic-control device placed pursuant to this chapter and
purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this chapter, unless the
contrary shall be established by competent evidence.
(e)
The disregard or disobedience of the instructions of any official
traffic-control device or signal placed in accordance with the provisions of
this chapter by the driver of a vehicle shall be deemed prima-facie evidence of
a violation of law, without requiring proof of who and by what authority such
sign or device has been erected.
(f)(1)
As used in this subsection, the term:
(A)
'Owner' means the registrant of a motor vehicle, except that such term shall not
include a motor vehicle rental company when a motor vehicle registered by such
company is being operated by another person under a rental agreement with such
company.
(B)
'Recorded images' means images recorded by a traffic-control signal monitoring
device:
(i)
On:
(I)
Two or more photographs;
(II)
Two or more microphotographs;
(III)
Two or more electronic images; or
(IV)
Videotape; and
(ii)
Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal
along with the rear of a motor vehicle apparently operated in disregard or
disobedience of such signal and, on at least one image or portion of tape,
clearly revealing the number or other identifying designation of the license
plate displayed on the motor vehicle.
(C)
'Traffic-control signal monitoring device' means a device with one or more motor
vehicle sensors working in conjunction with a traffic-control signal to produce
recorded images of motor vehicles being operated in disregard or disobedience of
a CIRCULAR RED or RED ARROW signal.
(2)
Subsection (a) of this Code section may be enforced as provided in this
subsection pursuant to the use of traffic-control signal monitoring devices in
accordance with Article 3 of Chapter 14 of this title.
(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 for which such device is permitted shall send by
first-class 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 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 that he or she was not the operator of the
vehicle at the time of the alleged violation;
(ii)
Presents to the court prior to the return date established on the citation 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 prior to the return date established on the citation a
sworn notarized statement identifying the name of the operator of the vehicle at
the time of the alleged violation.
(4)
A violation for which a civil penalty is imposed pursuant to this subsection
shall not be considered a moving traffic violation, for the purpose of points
assessment under Code Section 40-5-57. Such violation shall be deemed
noncriminal, and imposition of a civil penalty pursuant to this subsection shall
not be deemed a conviction and shall not be made a part of the operating record
of the person upon whom such liability is imposed, nor shall it be used for any
insurance purposes in the provision of motor vehicle insurance
coverage.
(5)
If a person summoned by first-class 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 pursuant to division (3)(D)(ii) or (3)(D)(iii) of
this subsection, 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.
(6)
Any court having jurisdiction over violations of subsection (a) of this Code
section or any ordinance adopting the provisions of said subsection pursuant to
Code Section 40-6-372 shall have jurisdiction over cases arising under this
subsection and shall be authorized to impose the civil monetary penalty provided
by this subsection. Except as otherwise provided in this subsection, the
provisions of law governing jurisdiction, procedure, defenses, adjudication,
appeal, and payment and distribution of penalties otherwise applicable to
violations of subsection (a) of this Code section shall apply to enforcement
under this subsection; provided, however, that any appeal from superior or state
court shall be by application in the same manner as that provided by Code
Section 5-6-35.
(7)
Recorded images made for purposes of this subsection shall not be a public
record for purposes of Article 4 of Chapter 18 of Title 50.
(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."
SECTION
2.
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)
The law enforcement agency of any county or municipality shall not use
traffic-control signal monitoring devices unless the chief law enforcement
officer of such county or municipality desires the use of such devices and such
use is approved by the governing authority of the county or municipality. The
governing authority of the county or municipality shall 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.
(b)
No county or municipality shall operate a traffic-control signal monitoring
device unless it has first conducted a traffic engineering study of the approach
to an intersection to determine whether, in addition to or as an alternative to
the traffic-control signal monitoring device, a design change to the approach,
reducing the approach speed, or a change in the signalization of the
intersection is likely to reduce the number of accidents or red light violations
at that intersection. This report shall be submitted with the annual report
required under these provisions.
(c)
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.
(d)
A county or municipality shall not impose a civil penalty under this Code
section 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.
(c)(e)
If a county or municipality 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
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)(f)(1)
A traffic-control signal monitoring device shall not be used 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)(g)
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."
SECTION
3.
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. Each county or municipal law
enforcement agency 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 law enforcement agency until it has been serviced and
calibrated at the expense of the law enforcement agency by a qualified
technician."
SECTION
4.
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 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. 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. 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 and shall be a nationally
recognized regulatory sign as designated by the Federal Highway
Administration´s Manual on Uniform Traffic Control
Devices."
SECTION
5.
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 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 county or municipality 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 in that county or municipality
shall be forwarded to the general fund of the state. The county or municipality
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
6.
Said
title is further amended by adding a new Code section to read as
follows:
"40-14-25.
The
amount of civil monetary penalties collected under the provisions of this
article, less any costs incurred for acquisition, installation, maintenance, and
operation of the traffic-control signal monitoring devices, and less 25 percent
of the remaining money to be retained by the county or municipality, shall be
deposited in the general fund of this state with the intent that these moneys be
used to fund a trauma care system in Georgia. The Office of Treasury and Fiscal
Services shall separately account for all of the moneys received under the
provisions of this Code section."
SECTION
7.
This
Act shall become effective December 31, 2007.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.