HB 1772 -- Red Light Enforcement Systems

Sponsor:  Jones (117)

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.  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 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.

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 30 days after determining the name and
address of the registered owner, but in no event, no longer than
90 days after the violation was recorded.

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.  A person who commits a 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.  Entities will also be required to
destroy photographic and other recorded evidence within one year
after final adjudication.  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 3:11 pm