89956-1:n:03/28/2007:MCS/th LRS2007-1642
| SYNOPSIS: | This bill would enable any Class 4 municipality to enforce red light civil offenses using automated detection devices, allowing a civil notice of violation to be issued by mail. This bill would make the owner of the vehicle presumptively responsible but provide procedures to transfer responsibility to another person who was operating the vehicle or to contest the notice of violation in municipal court. The municipal court of the municipality adopting this procedure would be granted subject matter jurisdiction to adjudicate the charges with appeals for trial de novo to the circuit court. A civil fine of $25 would be authorized and any person who becomes responsible for payment of the civil fine would not have the imposition of a fine entered on the driver's history, would not suffer other adverse consequences so long as the civil fine is timely paid, and insurance companies could not use a violation as a justification to alter rates. Failure to timely pay a civil fine would result in civil collection efforts by the municipality. |
| This bill would provide for a Class C misdemeanor offense for knowingly signing a false statement transferring or denying responsibility. | |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
Relating to Class 4 municipalities; to authorize automated enforcement of red light infractions as a civil offense; requiring certain procedures to be followed by a municipality using automated red light enforcement; making the owner of a vehicle involved in running a red light presumptively responsible for payment of a civil fine but providing procedures to contest responsibility or transfer responsibility to another person who actually operated the vehicle; providing for jurisdiction in the municipal court over the civil offenses and allowing appeals to the circuit court for trial de novo; creating a cause of action for any person held responsible for payment of the civil fine against the person who was actually operating a vehicle in violation of the offense; making it a Class C misdemeanor to knowingly sign a false statement that transfers or denies responsibility under this act; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only in Class 4 municipalities and municipal courts in Class 4 municipalities.
Section 2. The Legislature finds and declares the following:
(1) Accident data establishes that vehicles running red lights are a dangerous and growing problem in Alabama, with one recent study finding that over a nine-year period more than 47,000 accidents in Alabama were caused by red light running, resulting in over 16,000 injuries and deaths, the fifth worst rate in the United States, and showing in the study of one municipality that approximately one out of every 200 vehicles going through an intersection runs a red light.
(2) The same study found automated traffic camera enforcement to be a highly accurate method for detecting red light violations and a very effective method for reducing the number of red light violations and decreasing the number of traffic accidents, deaths, and injuries.
(3) Current state law makes running a red light a criminal traffic violation, with no express authority for use by municipalities of automated traffic camera systems, and this situation creates a legal and practical impediment to implementing an effective automated traffic camera program that would reduce accidents and save lives.
(4) Many states and the District of Columbia have adopted laws that allow use of automated traffic camera enforcement, and the Legislature finds that it should adopt legislation that would enable municipalities to decide on a local level whether to implement an effective traffic camera program to enforce laws against running red lights.
(5) By allowing a program for use of automated traffic cameras in red light enforcement by municipalities, the Legislature hopes to both decrease the rate of red light violations and learn more about the effectiveness and fairness involved in the use of the automated systems.
Section 3. (a) This act shall be known and may be cited as the "Alabama Class 4 Municipality Red Light Safety Act."
(b) Any Class 4 municipality may by ordinance adopt the procedures set out in this act.
Section 4. The following definitions and provisions shall apply to this act:
(1) AUTOMATED TRAFFIC INFRACTION DEVICE. a. Any device approved by the Alabama Department of Transportation that uses a vehicle sensor installed to work in conjunction with a traffic control signal and a camera synchronized to automatically record two or more sequenced photographs, microphotographs, or electronic images, utilizing wet film, digital imaging, or full motion streaming video, of the rear of a motor vehicle and applicable traffic signal at the time the vehicle is involved in a red light violation.
b. Whenever an automated device is used, it shall be presumed that the device was approved by the Alabama Department of Transportation unless the contrary is shown by a preponderance of the evidence.
(2) OWNER. The meaning ascribed to "owner" in Section 32-1-1.1, Code of Alabama 1975. The term shall not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is being operated by another person under a rental or lease agreement with the company, in which event "owner" shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying dealer license plates, in which event "owner" shall mean the person to whom the vehicle is assigned for use.
(3) RED LIGHT VIOLATION. Any violation of Section 32-5A-31 or Section 32-5A-32, Code of Alabama 1975, that involves the disregard by the operator of a vehicle of a steady red-colored circular light or disregard of a steady red-colored arrow, or any Class 4 municipal ordinance that adopts one or both of these state code provisions by reference. Provided, however, that enforcement of a violation or ordinance by the use of an automated traffic infraction device as authorized by this act shall involve a civil offense subject to the procedures and provisions set out herein.
(4) TRAINED TECHNICIAN. a. A sworn law enforcement officer who shall have received a minimum of 20 hours of prior training in proper use of the automated traffic infraction device to be used by the municipality and analysis of the evidence it generates.
b. Under no circumstances shall the salary or other compensation of the trained technician be related to the number of notices of violation issued or amount of fines collected.
Section 5. (a) A municipality may utilize automated traffic infraction devices to detect red light violations and issue civil notices of violations by mail as provided herein after the municipality adopts an ordinance that shall expressly provide that the procedures and provisions of this act are adopted and that a civil fine of twenty-five dollars ($25) to be imposed for a red light violation for which a notice of violation is issued pursuant to this act.
(b) Prior to operating an automated traffic infraction device, a municipality shall have previously created and shall maintain a municipal court.
(c) Prior to operating an automated traffic infraction device, a municipality shall cause a sign to be posted at a minimum of 10 roadway entry points to the municipality to provide motorists with notice that automated traffic infraction devices are in use. The sign will comply with this requirement if it states substantially the following: "AUTOMATED CAMERAS USED IN RED LIGHT ENFORCEMENT," or if it otherwise gives sufficient notice. At each intersection at which an automated traffic infraction device is used, a sign or signs shall be posted giving notice that a device or decoy device is in use at the intersection.
(d) Prior to operating an automated traffic infraction device, the municipality shall make a public announcement and conduct a public awareness campaign of the use of automated traffic infraction devices a minimum of 30 days before commencing their use.
Section 6. (a) The municipality operating an automated traffic infraction device shall send the owner of a vehicle that has been detected by the device as being involved in a red light violation, a notice of violation by regular mail, or alternatively shall deliver the notice personally. In the event there is more than one owner, the municipality may either issue the notice of violation to the first person listed on the title or other evidence of ownership, or issue a joint notice of violation to all listed owners.
(b) The notice of violation shall include at a minimum each of the following features and items of information:
(1) The name and address of the person alleged to be liable as the owner of the motor vehicle involved in the violation.
(2) The license tag number of the vehicle.
(3) The violation charged.
(4) The date, time, and location where the violation occurred.
(5) At least three (3) photographic images captured by the automated traffic infraction device that are used by the trained technician to certify the notice of violation.
(6) The time for which the amber light that preceded the red light was activated before the light turned red, and the length of time the red light was activated prior to the automated traffic infraction device having detected the red light violation.
(7) The amount of the civil fine along with the time, place, and manner for payment of the fine.
(8) The procedures and conditions under which the notice of violation may be contested, or under which responsibility for payment of the civil fine may be transferred to another individual who was operating the vehicle at the time of the red light violation, all as set out herein. The notice of violation shall state that failure to timely contest or transfer responsibility shall result in the fine being finally assessed against the owner or other person to whom the notice of violation is directed.
(9) That failure to timely pay, contest, or transfer responsibility to another shall constitute an admission that the owner is responsible for payment of the civil fine.
(10) The date by which the municipality must receive payment of the civil fine, receive notice by the owner that responsibility is being transferred to another, or receive notice by the owner that the notice of violation is being contested, shall be clearly and prominently stated on the notice of violation, and the time may not be less than 20 days after the notice of violation is mailed or personally delivered by the municipality.
Section 7. The owner of a vehicle that has been issued a notice of violation shall be responsible for payment of the civil fine unless the owner successfully transfers responsibility, there is an adjudication that no red light violation occurred, or there is an otherwise lawful determination that no civil penalty shall be imposed. Whenever there is more than one owner of the vehicle, then all the owners who are mailed or receive a notice of violation shall be jointly and severally liable to the municipality for payment of the civil fine. The municipality may collect the civil fine in the same manner as any debt owed to the municipality.
Section 8. (a) The owner shall not be responsible for payment of the civil fine resulting from the notice of violation if each of the following conditions apply:
(1) The vehicle was operated at the time of the red light violation by a person who was not the owner and was not the agent or employee of the owner.
(2) The owner shall sign and timely transmit to the municipality on the form provided with the notice of violation and in accordance with the procedure set out on the notice of violation a statement that he or she was not operating the vehicle at the time of the red light violation, and that the person who was operating the vehicle was not the agent or employee of the owner.
(3) The owner shall timely transmit to the municipality on the form provided with the notice of violation and in accordance with the procedure set out on the notice of violation the name and mailing address of the person who was operating the vehicle.
(4) The civil fine is paid by any person, unless there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed.
(b) Whenever the municipality timely receives the information required from the owner to transfer responsibility, the municipality shall issue a new notice of violation to the person to whom the owner transferred responsibility with an explanation as to why the person is receiving the notice of violation, in the same manner as if the person were the owner of the vehicle. The person shall be responsible for payment of the civil fine unless the person either:
(1) Timely returns a signed statement on a form provided with the notice of violation that he or she was not the operator and declining responsibility, in which case responsibility shall fall back to the owner.
(2) Admits to being the operator but denies committing a red light violation, in which case the person may contest the notice of violation in the same manner as the owner may contest the notice of violation.
(c) In cases in which a person other than the owner denies he or she was the operator and declines responsibility, a new notice shall be issued to the owner stating that the other person declined responsibility and giving the owner the option of paying the civil fine or contesting the violation by a stated date that shall be not less than 20 days from the mailing of the new notice. The owner may not attempt to transfer responsibility more than one time using this procedure. If the owner chooses to contest the notice of violation after the owner has unsuccessfully attempted to transfer responsibility using this procedure, and the owner claims in defense that another person was the operator of the vehicle, the municipal court may take appropriate action to cause the owner and the other person to appear at the same hearing to determine responsibility.
Section 9. (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this act if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a red light violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this act, in accordance with the procedures and conditions set out on the notice of violation, may contest the notice of violation by obtaining a hearing in the municipal court of the municipality issuing the notice of violation. The municipal court is hereby vested with the power and jurisdiction to adjudicate notice of violations issued pursuant to this act as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the municipal court.
(b) The following procedures shall apply to proceedings to contest a notice of violation issued pursuant to this act:
(1) Upon receipt of a timely notice that the person receiving the notice of violation is contesting the same, the municipality shall cause the case to be docketed in municipal court and shall issue notice of the hearing date.
(2) The issuance of a notice of violation shall be prima facie evidence that the person who received the notice of violation was operating the vehicle at the time.
(3) In the event there is a dispute between the owner and another as to which person was operating the vehicle at the time of the alleged red light violation, or a dispute between joint owners, it shall be presumed that the owner was operating the vehicle, and in the event there are joint owners, the presumption shall follow in the order the owners are listed on the title or other evidence of ownership. However, the municipal court may determine the identity of the operator of the vehicle based on any admitted evidence.
(4) The notice of violation, evidence of the violation produced by a traffic infraction device, and evidence of ownership of a vehicle as shown by copies or summaries of official records shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness, in which case the municipality shall be given a reasonable opportunity to lay an evidentiary foundation.
(5) All other matters or evidence and procedure not specifically addressed in this act shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to circuit court for trial de novo the procedures shall be as for any civil case in circuit court except as otherwise provided in this act.
(6) The municipal court shall apply the preponderance of the evidence standard in adjudicating the notice of violation.
(7) Court costs shall not be assessed in the municipal court for civil fines owed pursuant to this act.
(8) Persons who contest the notice of violation n municipal court and are adjudicated by the municipal court to be responsible for the civil fine may appeal the adjudication for trial de novo to the circuit court of the county in which the municipal court sits, using the procedures that apply to criminal convictions in municipal court with the following qualifications:
a. The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.
b. The person appealing must, as a condition precedent to appeal, pay the twenty-five dollar ($25) civil fine in full to the municipality, and failure to do so shall divest the circuit court of jurisdiction. If on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the municipality shall refund the amount fined without interest within 15 days of receipt of notice of the disposition from the circuit court.
c. Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court.
d. A jury trial may be demanded the same as for criminal appeals. When otherwise appropriate, the court shall instruct the jury as to the evidentiary presumptions that this act creates.
e. The municipality shall be responsible for providing an attorney to represent the municipality and to prosecute the civil proceedings in the circuit court.
Section 10. It shall be a Class C misdemeanor for any person to knowingly sign a false statement that transfers or declines responsibility for a notice of violation issued pursuant to this act, and the notice of violation shall so warn the person receiving the notice of violation.
Section 11. The municipality may not mail or otherwise issue a notice of violation to an owner unless and until the evidence recorded by the automated traffic infraction device has been reviewed by a trained technician who shall certify under oath that he or she has reviewed the evidence, reviewed the records related to ownership of the vehicle, and that in his or her opinion the operator of the vehicle committed a red light violation, thereby allowing a notice of violation to be issued to the owner as provided herein.
Section 12. In the event the evidence produced by an automated traffic infraction device does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this act. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.
Section 13. (a) Excepting cases where there is an adjudication that no red light violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed, any unpaid civil fine authorized by this act shall:
(1) Result in non-issuance or non-renewal of an Alabama vehicle license for the vehicle involved in the red light violation.
(2) Cause title of the vehicle involved in the red light violation to not be transferred in Alabama.
(3) Cause the person held responsible for the red light violation to be ineligible to obtain or renew an Alabama driver's license unless and until the civil fine plus any late fee is paid to the municipality.
(b) The municipality may provide by ordinance that late fees not exceeding simple interest of 1.5 percent per month shall attach to untimely paid civil fines that are authorized herein.
(c) No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. Any state or county official charged with issuance or transfer of vehicle licenses or titles, or issuance of driver's licenses, may not issue or renew the vehicle license, issue or transfer title of the vehicle, or issue or renew the driver's license of the responsible person, so long as the official has notice that a civil fine authorized by this act is or remains unpaid. In cases in which the municipality has given a notice of nonpayment to a state or county official and thereafter the civil fine is paid, the municipality shall transmit notice of the payment to the proper official by any reasonable and commercially accepted means within three (3) business days of payment of the civil fine.
Section 14. A municipality may place automated traffic infraction devices at different locations, may change locations, and may install and move as needed decoy devices designed to resemble automated traffic infraction devices, provided that signs are posted giving notice of use of devices as required by Section 5. The city engineer shall determine the placement of automated devices or decoys using his or her professional judgment with priority given to those intersections with the highest accident rates utilizing the intersection crash rate calculation equation published by the Institute of Transportation Engineers in its Traffic Engineering Handbook.
Section 15. Responsibility for a red light violation as provided in this act is entirely civil in nature.
(1) A violation of this act shall not result in any punishment of a criminal nature, shall not count as points and shall not be entered into any person's official driving history, shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for a subsequent offense of a civil or criminal nature, shall not be considered a moving violation, and shall not be used by any insurance company to determine or affect the availability of insurance or the premiums or rates paid for insurance.
(2) The fact that a person is held liable or responsible for a civil fine for a red light violation pursuant to this act shall not be used as evidence that the person was guilty of negligence or other culpable conduct, but this shall not preclude evidence generated by a traffic infraction device from being used as evidence in other proceedings. The municipality may include the substance of any information in this section on the notice of violation.
(3) A violation of this act shall not constitute probable cause for search of the vehicle involved.
(4) A violation of this act shall not be considered evidence of contributory negligence and shall not limit the liability of an insurer.
(5) A person subject to a conviction of a civil fine shall not be assessed court costs on a violation.
(6) Each municipal police department adopting an ordinance pursuant to this act must maintain statistical information on infractions by minority groups and report that information monthly to the Department of Public Safety and the Attorney General.
Section 16. The municipality shall keep statistical data regarding the effectiveness of automated traffic infraction devices in reducing red light violations and intersectional collisions and shall communicate the data on an annual basis to the Alabama Department of Transportation.
Section 17. Adoption by a municipality of the procedures under this act shall not affect current procedure and prosecutions commenced by issuance of a uniform traffic ticket and complaint by a law enforcement officer or otherwise. The issuance of a notice of violation as authorized by this act shall preclude issuance of a uniform traffic ticket and complaint for the same offense, and issuance of a uniform traffic ticket and complaint for running a red light shall preclude issuance of a notice of violation as authorized by this act. In the event both a uniform traffic ticket and complaint and a notice of violation as authorized by this act are issued for the same offense, the one issued first in time shall control and shall constitute a defense to the other.
Section 18. Any person who is held responsible for payment of a civil fine as provided herein, but who was not actually operating the involved vehicle, who timely and properly followed the procedure to transfer responsibility but is ultimately held responsible because of the person's ownership of the vehicle, and who actually pays the civil fine to the municipality, shall have a cause of action against a person who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity. Provided, however, that as a condition precedent to the bringing of a civil action, that the person held responsible for payment of the civil fine must first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement.
Section 19. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 20. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
Section 21. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.