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H.B. 470
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7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to traffic
10 light enforcement.
11 Highlighted Provisions:
12 This bill:
13 . defines automated red light traffic enforcement system;
14 . authorizes the use of an automated red light traffic enforcement system in certain
15 circumstances;
16 . establishes requirements for citations issued through the use of an automated red
17 light traffic enforcement system;
18 . requires a highway authority to make certain information relating to automated red
19 light traffic enforcement available upon request;
20 . requires a local highway authority authorizing the use of an automated red light
21 traffic enforcement system to provide and ensure that certain procedures will be
22 followed regarding dismissal and appeal of a citation; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 41-6a-610, Utah Code Annotated 1953
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-610 is enacted to read:
34 41-6a-610. Definitions -- Automated red light traffic enforcement -- Restrictions
35 on use.
36 (1) As used in this section, "automated red light traffic enforcement system" means an
37 electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor
38 installed to work in conjunction with a traffic control device to automatically produce
39 photographs, video, or digital images of a vehicle moving in violation of the traffic control
40 device.
41 (2) An automated red light traffic enforcement system may be used if:
42 (a) use of an automated red light traffic enforcement system by a local highway
43 authority is approved by the local highway authority's governing body;
44 (b) the citation is accompanied by the photographs or digital images meeting the
45 requirements of Subsection (3) produced by the automated red light traffic enforcement system
46 at the time of the violation; and
47 (c) the authorizing jurisdiction ensures, through written policy, the following:
48 (i) a recipient of a citation is entitled to the same rights and obligations regarding
49 appeal and dismissal of citations as otherwise provided for other citations issued under this
50 chapter, including the right to appear before a hearing officer to challenge a citation; and
51 (ii) a citation issued under this section is issued according to the same guidelines that
52 an officer would apply when determining whether or not to issue a citation for another
53 violation under this chapter.
54 (3) The photographs or images produced by an automated red light traffic enforcement
55 system shall include:
56 (a) a photograph or digital image of the operator of the motor vehicle; and
57 (b) a photograph or digital image of the license plate of the motor vehicle.
58 (4) The restrictions under Subsection (2) on the use of an automated red light traffic
59 enforcement system do not apply when the information gathered is used for highway safety
60 research or to issue warning citations not involving a fine, court appearance, or a person's
61 driving record.
62 (5) The department or any local highway authority using an automated red light traffic
63 enforcement system, upon request, shall make the following information available for public
64 inspection during regular office hours:
65 (a) the terms of any contract regarding the purchase, lease, rental, or use of an
66 automated red light traffic enforcement system;
67 (b) the total fine revenue generated by using an automated red light traffic enforcement
68 system;
69 (c) the number of citations issued by the use of an automated red light traffic
70 enforcement system; and
71 (d) the amount paid to the person providing the automated red light traffic enforcement
72 system.
Legislative Review Note
as of 2-5-07 2:04 PM