2016 -- H 7446

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LC004342

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED TRAFFIC SPEED

ENFORCEMENT SYSTEM

     

     Introduced By: Representatives Craven, and McEntee

     Date Introduced: February 03, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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CHAPTER 41.3

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AUTOMATED SCHOOL ZONE SPEED ENFORCEMENT SYSTEM ACT OF 2016

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     31-41.3-1. Short title. -- This act shall be known and may be cited as the "Rhode Island

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Automated School Zone Speed Enforcement System Act of 2016."

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     31-41.3-2. Legislative findings. -- It is hereby found and declared that ever increasing

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violations of the state's school zone speed laws and regulations place both motorists and students

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using the state's streets and roadways within school zones in danger. The legislature hereby

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declares that the use of technology to reduce aggressive and dangerous speeding is in the best

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interest of public safety and therefore adopts a policy of authorizing the use of automated traffic

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speed enforcement systems in school zones within the state of Rhode Island. These systems shall

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be used in conjunction with civil penalties imposed upon the owners of speeding vehicles in order

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to reduce speeding violations.

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     Nothing in this chapter shall supersede criminal or civil sanctions being taken against the

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driver of a vehicle who is cited by a law enforcement officer for a speeding violation in a school

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zone.

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     31-41.3-3. Automated school zone speed enforcement system authorized and

 

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defined. – (a) The state department of transportation and the municipalities of this state are

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hereby authorized to operate "automated school zone speed enforcement systems."

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     (b) For the purposes of this chapter:

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     (1) An "automated school zone speed enforcement system" is an automated traffic speed

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enforcement system operated within one-quarter (1/4) mile of any type of school in the state of

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Rhode Island;

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     (2) An "automated traffic speed enforcement system" is defined as a system using one or

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more vehicle detectors in combination with photography to identify and provide a photographic

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image of vehicles which are exceeding the posted speed limit or the speed limit designated by

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state law or regulation for a given school zone, and may be in fixed or mobile configurations; and

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     (3) A "school zone" is defined as anywhere within a one-quarter (1/4) mile radius of any

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type of school in the state of Rhode Island.

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     31-41.3-4. Automated school zone speed enforcement system operational

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requirements and certification. -- No automated school zone school zone speed enforcement

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system shall be used in the state of Rhode Island unless the system has been approved and

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certified for use in the state by the director of the department of transportation. The director of the

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department of transportation, in cooperation with the state police, shall require that any automated

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school zone speed enforcement system approved and certified for use in the state of Rhode Island

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meets the following requirements:

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     (1) All automated school zone speed enforcement systems operated under this chapter

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shall record the speed of vehicles within plus or minus one mile per hour of the actual speed.

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     (2) All automated school zone speed enforcement systems operated under this chapter

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shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of

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which shall include the license plate attached to the rear of the vehicle.

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     (3) All automated school zone speed enforcement systems operated under this chapter

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shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the

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speed limit:

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     (i) The date and time of the violation;

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     (ii) The identity of the street, or school zone being monitored and location upon that

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street or school zone including the direction of travel and lane of travel; this requirement may be

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met with code designations;

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     (iii) The posted or lawfully designated speed limit for the street or school zone being

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monitored;

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     (iv) The monitored speed of the vehicle identified in the photographic images as

 

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exceeding the posted or lawfully designated school zone speed limit; and

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     (v) The consecutive event number of each photograph taken.

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     31-41.3-5. Operation of system. – In the event a fixed or mobile automated traffic speed

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enforcement system is to be installed or used by any person other than the state department of

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transportation or state police personnel on a state maintained street, roadway or highway, the

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director of transportation shall approve installation or use of the system.

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     31-41.3-6. Maintenance of system. – The state department of transportation and/or the

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municipalities may enter into an agreement with a private corporation or other entity to provide

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automated school zone speed enforcement systems equipment services and to maintain the

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systems. A contract between a government agency and a manufacturer or supplier of automated

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traffic speed enforcement systems shall be based on the value of such equipment and related

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support services and shall not be based on a percentage of the revenue generated by the

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automated school zone speed enforcement system.

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     31-41.3-7. Citation precedent. – In the event a law enforcement officer stops and issues

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a citation to the driver of a vehicle for a speeding violation, which violation is also captured by an

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automated school zone speed enforcement system, the citation issued to the driver shall have and

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take precedence, and the automated school zone speed enforcement system citation shall be

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dismissed.

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     31-41.3-8. Procedure notice. – (a) Except as expressly provided in this chapter, all

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prosecutions based on evidence produced by an automated school zone speed enforcement system

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shall follow the procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the

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rules promulgated by the chief judge of the district court for the hearing of civil traffic violations.

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Citations may be issued by an officer solely based on evidence obtained by use of an automated

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school zone speed enforcement system. All citations issued based on evidence obtained from an

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automated school zone speed enforcement system shall be issued within fourteen (14) days of the

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violation.

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     (b) It shall be sufficient to commence a prosecution based on evidence obtained from an

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automated school zone speed enforcement system provided that a copy of the citation and

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supporting documentation be mailed to the address of the registered owner kept on file by the

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registry of motor vehicles pursuant to §31-3-34. For purposes of this section, the date of issuance

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shall be the date of mailing.

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     (c) The officer issuing the citation shall certify under penalties of perjury that the

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evidence obtained from the automated school zone speed enforcement system was sufficient to

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demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all

 

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prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient

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proof of actual notice in all cases where the citation is not answered within the time period

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permitted.

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     (d) The citation shall contain all the information provided for in the uniform summons as

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referred to in §31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the

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traffic tribunal.

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     (e) In addition to the information in the uniform summons, the following information

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shall be attached to the citation:

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     (1) Copies of two (2) or more photographs, or microphotographs, or other recorded

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images taken as proof of the violation; and

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     (2) A signed statement by a trained law enforcement officer that, based on inspection of

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recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31

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relating to speed restrictions: and

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     (3) A statement that recorded images are evidence of a violation of this chapter; and

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     (4) A statement that the person who receives a summons under this chapter may either

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pay the civil penalty in accordance with the provisions of §31-41.1-3, or elect to stand trial for the

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alleged violation.

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     31-41.3-9. Hearings. – Evidence from an automated school zone speed enforcement

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system shall be considered substantive evidence in the prosecution of all civil traffic violations.

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Evidence from an automated school zone speed enforcement system approved by the director of

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the department of transportation shall be admitted without further authentication and such

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evidence may be deemed sufficient to sustain a civil traffic violation. In addition to any other

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defenses as set forth herein, any defenses cognizable at law, with the exception of that available

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under §31-41.3-7, shall be available to the individual who receives the citation commencing a

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prosecution under this chapter.

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     31-41.3-10. Driver/registered owner liability. – (a) The registered owner of the motor

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vehicle shall be primarily responsible in all prosecutions brought pursuant to the provisions of

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this chapter except as otherwise provided in this section.

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     (b) In all prosecutions of civil school zone violations based on evidence obtained from an

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automated traffic speed enforcement system, the registered owner of a vehicle which has been

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operated in violation of a civil traffic violation, may be liable for such violation. The registered

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owner of the vehicle may assume liability for the violation by paying the fine, or by defending the

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violation pursuant to the remedies available under the law.

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     (c) The lessee of a leased vehicle shall be considered the owner of a motor vehicle for

 

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purposes of this section.

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     31-41.3-11. Use of evidence in criminal and civil cases. – Nothing in this chapter shall

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prohibit the use of evidence produced by an automated school zone speed enforcement system in

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a criminal or private civil proceeding; provided, that the admissibility of such evidence shall

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follow the applicable laws and rules of procedure and rules of evidence which apply in criminal

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and civil cases.

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     31-41.3-12. Nature of violations. – Notwithstanding any other provision of law:

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     (1) No violation for which a civil penalty is imposed under this chapter shall be

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considered a moving violation, nor shall be included on the driving record of the person on whom

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the liability is imposed, nor shall it be used for insurance rating purposes in providing motor

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vehicle insurance coverage until there is a final adjudication of the violation.

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     (2) Impositions of a penalty pursuant to this chapter shall not be deemed a criminal

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conviction of an owner or operator.

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     (3) The defense available under §31-41.1-7 shall not be available for any violation

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imposed under this chapter.

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     31-41.3-13. Security of records. – (a) The recorded images produced by an automated

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school zone speed enforcement system shall not be deemed "public records" subject to disclosure

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pursuant to §38-2-2(4).

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     (b) All recorded images that do not identify a violation shall be destroyed within ninety

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(90) days of the date the image was recorded, unless otherwise ordered by a court of competent

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jurisdiction.

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     (c) All recorded images that identify a violation shall be destroyed within one year after

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the citation is resolved by administrative payment, trial or other final disposition of the citation,

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unless otherwise ordered by a court of competent jurisdiction.

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     (d) The privacy of records produced pursuant to this chapter shall be maintained;

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provided, that aggregate data not containing personal identifying information may be released.

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     31-41.3-14. Reports. – (a) The agency or municipality authorizing the installation of

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automated school zone speed enforcement systems shall prepare an annual report containing data

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on:

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     (1) The number of citations issued at each particular intersection;

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     (2) The number of those violations paid by mail;

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     (3) The number of those violations found after trial or hearing;

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     (4) The number of violations dismissed after trial or hearing;

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     (5) The number of accidents at each intersection;

 

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     (6) A description as to the type of accident;

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     (7) An indication regarding whether there were any injuries involved in any accident

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reported;

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     (8) The cost to maintain the automated traffic speed enforcement system; and

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     (9) The amount of revenue obtained from the automated school zone speed enforcement

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system.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED TRAFFIC SPEED

ENFORCEMENT SYSTEM

***

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     This act would authorize the department of transportation as well as municipalities to

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operate automated school zone speed enforcement systems. These systems would use vehicle

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detectors in combination with photography to identify vehicles which are exceeding the posted

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speed limit within a given school zone. A school zone would be defined as anywhere within a

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one-quarter (1/4) mile radius of a school.

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     This act would take effect upon passage.

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