H.B. 202 Enrolled

1

SCHOOL DISTRICT TRAFFIC VIOLATION
2 COMPLAINT PROCEDURES
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne A. Harper
6 Senate Sponsor: Kevin T. Van Tassell
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending school district traffic
11 violation complaint procedures for certain traffic violations.
12 Highlighted Provisions:
13 This bill:
14 . authorizes a school crossing guard who observes a person speeding in a reduced
15 speed school zone to report the incident to a law enforcement agency;
16 . authorizes the law enforcement agency to send a notification letter to the
17 last-known registered owner of the offending vehicle that the vehicle was observed
18 violating the speed limit in a reduced speed school zone; and
19 . provides that a law enforcement agency that receives a report may initiate an
20 investigation of the alleged violation.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 41-6a-604.5, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 41-6a-604.5 is enacted to read:
31 41-6a-604.5. Speeding in a school zone complaint procedure.
32 (1) (a) A school crossing guard who observes an operator of a vehicle violating
33 Section 41-6a-604 may prepare a report of the alleged violation, in a manner specified by the
34 law enforcement agency with jurisdiction, for the law enforcement agency no more than two
35 working days after the alleged violation occurred.
36 (b) The report under Subsection (1)(a) shall contain:
37 (i) the date, time, and location of the violation;
38 (ii) the license plate number and state;
39 (iii) a description of the offending vehicle;
40 (iv) as much as practical, a description of the operator of the offending vehicle;
41 (v) a description of the incident involving the violation;
42 (vi) information on how to contact the school crossing guard who witnessed the
43 offense; and
44 (vii) the signature of the school crossing guard who witnessed the offense attesting to
45 the accuracy of the report.
46 (2) (a) Upon receiving a report in accordance with Subsection (1), the law
47 enforcement agency shall promptly send a notification letter to the last-known registered
48 owner of the vehicle.
49 (b) The notification letter shall include:
50 (i) the applicable information on the school crossing guard's report stating that the
51 vehicle was observed speeding in a reduced speed school zone in violation of state law;
52 (ii) a complete explanation of the applicable provisions of Section 41-6a-604 ; and
53 (iii) an explanation that the notification letter is not a peace officer citation but is an
54 effort to call attention to the seriousness of the incident.
55 (c) A law enforcement agency shall make reporting forms for a report under
56 Subsection (1) available:
57 (i) to a school crossing guard; and

58 (ii) in school administrative offices.
59 (3) A law enforcement agency that receives a report under Subsection (1) may have a
60 peace officer initiate an investigation of the reported violation.