HB 1978 -- Traffic Control Signals

Sponsor:  Bearden

This bill allows various political entities to establish
automated photo red-light enforcement systems to detect red-light
signal violations.

Prior to activation of the system, the roadway must be clearly
marked with a white stripe indicating the stop line and the
perimeter of the intersection.  The political entity must also
install warning signs within 500 feet of the white stripe
indicating the stop line.  Prior to installing the automated
enforcement system, the entity must give notice of the
intersection where the system will be located and of the date on
which the system will begin to monitor the intersection.  The
entity must give the notice at least 30 days prior to the
installation of the system in a newspaper of general circulation
throughout the area served by the entity.

The bill requires political entities using this system to submit
an annual report to the Department of Transportation 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 program.

Political 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.  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 must be
admissible in any proceeding.

The bill requires the notice of violation to contain a copy of
two recorded images and a zoomed and cropped image of the
vehicle's license plate.  A notice of violation issued 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 $100.  A person who commits repeated red-light
violations will be guilty of an infraction with no points being
assessed against his or her driver's license.

A person charged with committing a red-light violation may rebut
the violation by filing an affidavit with the court or by
testifying in open court that he or she was not the operator of
the vehicle at the time of the alleged violation.  The
presumption may also be rebutted if a certified copy of a police
report, showing that the vehicle had been reported stolen prior
to the time of the alleged violation, is presented to the court
adjudicating the alleged violation.

Political entities can only issue warning notices for the first
30 days after a system is installed, and no political entity may
use a photo radar system to enforce speeding violations.
Political 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 Sunshine Law.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:45 am