HB 1376 -- Missouri Universal Red Light Enforcement Act

Sponsor:  Portwood

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.  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 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 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
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm