Chapter 418

2005 -- H 6315 AS AMENDED

Enacted 07/19/05

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

Introduced By: Representatives McCauley, Slater, Almeida, and Diaz

Date Introduced: March 31, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "Motor and Other Vehicles" is hereby

amended by adding thereto the following chapter:

CHAPTER 41.2

AUTOMATED TRAFFIC VIOLATION MONITORING SYSTEMS

31-41.2-1. Short title. – This act shall be cited as the "Rhode Island Automated Traffic

Violation Monitoring System Act of 2005."

31-41.2-2. Legislative findings. – It is hereby found and declared that the effective and

efficient enforcement of traffic laws, rules and regulations will assist in insuring safe travel on the

streets and highways of this state. It is hereby declared to be the policy of the state of Rhode

Island to authorize and utilize the best available technology for the monitoring and prosecution of

civil traffic violations, including automated traffic violation detection systems.

31-41.2-3. Automated traffic violation monitoring systems. – (a) The state department

of transportation and the municipalities of this state are hereby authorized to install and operate

automated traffic violation detection systems. Such systems shall be limited to systems which

monitor and detect violations of traffic control signals. For purposes of this chapter an automated

traffic violation detection system means a system with one or more motor vehicle sensors which

produces images of motor vehicles being operated in violation of traffic signal laws.

(b) No automated traffic violation detection system shall be installed pursuant to this

section which has not been approved for use by the director of the state department of

transportation. The director of the state department of transportation shall promulgate regulations

for the approval and operation of said systems pursuant to the administrative procedures act,

chapter 35 of title 42. Systems shall be approved if the director is satisfied they meet standards of

efficiency and accuracy. All systems installed for use under this chapter must be able to record

the image of the vehicle and the license plates of the vehicle.

(c) In the event that the system is to be installed other than by the state department of

transportation on state-maintained streets or roads, the director of the department of transportation

must approve such installation.

(d) The state department of transportation and/or the municipalities may enter into an

agreement with a private corporation or other entity to provide automated traffic violation

detection systems or equipment and to maintain such systems.

Compensation to a private entity that provides traffic signal monitoring devices shall be

based on the value of such equipment and related support services, and shall not be based on the

revenue generated by such systems.

31-41.2-3.1. Installation and signage. – (a) The implementing jurisdiction(s) shall post a

warning sign at each system location where a traffic control signal monitoring system is located.

(b) Such warning signs shall conform to appropriate, federally accepted standards for

traffic control signs.

(c) Sign signage shall remain at each system location so long as a traffic control signal

monitoring system is in operation.

31-41.2-4. Procedure -- Notice. – (a) Except as expressly provided in this chapter, all

prosecutions based on evidence produced by an automated traffic violation detection system shall

follow the procedures established in chapter 31-41.1 of this title, chapter 8-18 of these general

laws and the rules promulgated by the chief judge of the district court for the hearing of civil

traffic violations. Citations may be issued by an officer solely based on evidence obtained by use

of an automated traffic violation detection system. All citations issued based on evidence

obtained from an automated traffic violation detection system shall be issued within fourteen (14)

days of the violation.

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

automated traffic violation detection system that a copy of the citation and supporting

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

motor vehicles pursuant to section 31-3-34 of these general laws. For purposes of this section,

the date of issuance shall be the date of mailing.

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

evidence obtained from the automated traffic violation detection system was sufficient to

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

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

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

permitted.

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

referred to in section 31-41.1-1 of the general laws and the rules of procedure promulgated by the

chief judge of the district court for the traffic tribunal.

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

shall be attached to the citation:

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

images taken as proof of the violation; and

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

recorded images, the motor vehicle was being operated in violation of section 31-13-4 of this

subtitle; and

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

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

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

for the alleged violation.

31-41.2-5. Hearings. – Evidence from an automated traffic violation detection system

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

Evidence from an automated traffic violation detection system approved by the director of

transportation shall be admitted without further authentication and such evidence may be deemed

sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein,

any and all defenses cognizable at law shall be available to the individual who receives the

citation commencing a prosecution under this chapter.

31-41.2-6. Driver/registered owner liability. – (a) The registered owner of the motor

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

this chapter except as otherwise provided in this section.

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

automated traffic violation detection system, the registered owner of a vehicle which has been

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

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

violation pursuant to the procedures in section 31-41.2-4.

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

purposes of this section.

31-41.2-7. Use of evidence in criminal and civil cases. – Nothing in this chapter shall

prohibit the use of evidence produced by an automated traffic violation detection system in a

criminal or private civil proceeding provided that the admissibility of such evidence shall follow

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

cases.

31-41.2-7. 1 Nature of violations. – Notwithstanding any other provision of law:

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

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

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

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

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

conviction of an owner or operator.

31-41.2-8. Security of records. – (a) The recorded images produced by an automated

traffic violation detection system shall not be deemed "public records" subject to disclosure

pursuant to subsection 38-2-2(4)(i).

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

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

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

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

unless ordered by a court of competent jurisdiction.

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

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

31-41.2-9. Reports. -- (a) The agency or municipality authorizing the installation of

automated traffic signal detection systems shall prepare an annual report containing data on:

     1. the number of citations issued at each particular intersection;

     2. the number of those violations paid by mail;

     3. the number of those violations found after trial or hearing;

     4. the number of violations dismissed after trail or hearing;

     5. the number of accidents at each intersection;

     6. a description as to the type of accident;

     7. an indication regarding whether there were any injuries involved in any accident

reported;

     8. the cost to maintain the automated traffic signal detection system; and

     9. the amount of revenue obtained from the automated traffic signal detection system.

     SECTION 2. This act shall take effect upon passage and shall be repealed effective three

years subsequent to such date.     

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LC02672

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