H.B. 13

1

TRAFFIC-CONTROL SIGNAL PHOTO
2 DETECTION
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Orville D. Carnahan
6 AN ACT RELATING TO MOTOR VEHICLES; PROVIDING DEFINITIONS; PROVIDING
7 RESTRICTIONS ON THE USE OF TRAFFIC-CONTROL SIGNAL PHOTO DETECTION.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-6-52.5, as last amended by Chapter 343, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 41-6-52.5 is amended to read:
13 41-6-52.5. Photo radar -- Traffic-control signal photo detection -- Restrictions on use.
14 (1) As used in this section:
15 (a) "Photo radar" means a device used primarily for highway speed limit enforcement
16 substantially consisting of a low power doppler radar unit and camera mounted in or on a vehicle,
17 which automatically produces a photograph of a vehicle traveling in excess of the legal speed limit,
18 with the vehicle's speed, the date, time of day, and location of the violation printed on the
19 photograph.
20 (b) "Traffic-control signal photo detection" means a device used primarily for the
21 enforcement of traffic-control signal laws which automatically produces a photo of a vehicle in
22 violation of a traffic-control signal law with the date, time of day, and location of the violation
23 printed on the photo.
24 (2) Photo radar may not be used except:
25 (a) (i) in school zones; or
26 (ii) in other areas that have a posted speed limit of 30 miles per hour or less;
27 (b) when a peace officer is present with the photo radar unit;

1 (c) when signs are posted on the highway providing notice to a motorist that photo radar
2 may be used;
3 (d) when use of photo radar by a local authority is approved by the local authority's
4 governing body; and
5 (e) when the citation is accompanied by the photograph produced by photo radar.
6 (3) Traffic-control signal photo detection may not be used except:
7 (a) when signs are posted on the highway providing notice to a motorist that traffic-signal
8 photo detection may be used;
9 (b) when use of traffic-signal photo detection by a local authority is approved by the local
10 authority's governing body; and
11 (c) when the citation is accompanied by the photograph produced by traffic-signal photo
12 detection.
13 [(3)] (4) The restrictions under [Subsection] Subsections (2) and (3) on the use of photo
14 radar and traffic-control signal photo detection do not apply when the information gathered is used
15 for highway safety research or to issue warning citations not involving a fine, court appearance,
16 or a person's driving record.
17 [(4)] (5) A contract or agreement regarding the purchase, lease, rental, or use of photo
18 radar or traffic-control signal photo detection by the department or by a local authority may not
19 specify any condition for issuing a citation.
20 [(5)] (6) The department and any local authority using photo radar or traffic-control signal
21 photo detection, upon request, shall make the following information available for public inspection
22 during regular office hours:
23 (a) the terms of any contract regarding the purchase, lease, rental, or use of photo radar and
24 traffic-control signal photo detection;
25 (b) the total fine revenue generated by using photo radar and traffic-control signal photo
26 detection;
27 (c) the number of citations issued by the use of photo radar and traffic-control signal photo
28 detection; and
29 (d) the amount paid to the person providing the photo radar unit and traffic-control signal
30 photo detection.
31 [(6)] (7) A moving traffic violation obtained through the use of photo radar or

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1 traffic-control signal photo detection is not a reportable violation as defined under Section
2 53-3-102, and points may not be assessed against a person for the violation.




Legislative Review Note
as of 12-4-97 10:42 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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