HB 241 -- Missouri Universal Red Light Enforcement Act

Sponsor:  Yates

This bill establishes the Missouri Universal Red Light
Enforcement Act which allows various political entities to
establish automated photo red light enforcement systems to detect
red light signal violations.

Prior to installation, all systems must be registered with the
Department of Transportation.  At the time of registration, a
one-time, $500-per-light fee will be collected and deposited into
the Red Light Enforcement Fund for conducting audits to ensure
entity compliance with the provisions of the bill.

The roadway must be clearly marked with a white stripe indicating
the stop line and the perimeter of the intersection prior to
activation of the system.  The entity must also install warning
signs within 500 feet of the white stripe indicating the stop
line and have the signal phase timings at the intersection
certified by the department.  Prior to installing the automated
enforcement system, the entity must give notice of the
intersection where the system will be located and the date on
which the system will begin to monitor the intersection.  The
entity must give the notice at least 14 days prior to the
installation of the system in a newspaper of general circulation
throughout the area served by the entity.

The bill requires entities implementing a system to submit an
annual report to the department regarding:

(1)  The number of intersections enforced by an active system;

(2)  The number of notices of violation mailed;

(3)  The number of notices of violation paid;

(4)  The number of hearings; and

(5)  The total revenue collected as a result of the system.

Any entity failing to complete the annual report within 45 days
of its due date will be fined $50,000 and must remove all
automated photo red light enforcement systems.

Entities that establish an automated photo red light enforcement
system may contract with a private vendor to perform operational
and administrative tasks associated with the use of the system
but not the issuance of the notice of violation.  Any
compensation paid to a private vendor must not be based upon the
number of violations mailed, the number of citations issued, the
number of violations paid, or the amount of revenue collected by
the entity.

Before a notice of violation may be issued, all images produced
by a system must be reviewed and approved by a law enforcement
officer employed by the entity in which the alleged violation
occurred.  Based on inspection of recorded images, a signed
notice of violation or copy of the notice alleging that the
violation occurred will be evidence of the facts and will be
admissible in any proceeding.

The bill specifies what the notice of violation is to contain
including a copy of two recorded images and a zoomed and cropped
image of the vehicle's license plate as well as information on
how he or she can review the alleged violation and contest it.
Any issued notice of violation must be mailed no later than three
business days after the violation was recorded by the automated
system.

The civil penalties and court costs imposed for a violation must
not exceed an amount that would have been imposed if the
violation had been detected by a law enforcement officer present
when the violation occurred.  The combined fine and court costs
cannot exceed $25.  Any fines collected must go to the local
school district where the infraction occurred.  A person who
commits a red light violation will be guilty of an infraction
with no points being assessed against his or her driver's license
and not made a part of his or her operating record.  A person
charged with committing a red light violation may rebut the
violation by filing an affidavit with the court that he or she
was not the operator of the vehicle at the time of the alleged
violation.

Entities must issue warning notices for the first 30 days after a
system is installed, and no entity may use a photo radar system
to enforce speeding violations.  Entities will also be required
to maintain photographic and other recorded evidence for at least
three years.  Photographic and recorded evidence will not be
subject to disclosure under the Open Meetings and Records Law,
commonly known as the Sunshine Law.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am