07 LC
34 1308
House
Bill 892
By:
Representatives Hatfield of the
177th,
Loudermilk of the
14th,
Byrd of the
20th,
Heard of the
104th,
Lewis of the
15th,
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, so as to repeal provisions relating to traffic-control signal
monitoring devices; to correct cross-references; to provide for related matters;
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, is
amended by repealing Article 3 of Chapter 14, relating to traffic-control signal
monitoring devices.
SECTION
2.
Said
title is further amended by revising 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 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
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
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
3.
All
laws and parts of laws in conflict with this Act are repealed.