HB 663 -- Traffic Control Signals

Sponsor:  Portwood

This bill 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.

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 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 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 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 system.

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 will 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.  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 $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.

Entities can only 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 Sunshine Law.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:20 am