HF 508

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing statutory 
  1.3             cities, home rule charter cities, and urban towns to 
  1.4             develop and implement programs for peace officers to 
  1.5             detect and cite traffic signal violations by use of 
  1.6             photographic evidence; providing penalties; amending 
  1.7             Minnesota Statutes 2002, section 169.06, by adding a 
  1.8             subdivision; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 169. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 169.06, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 5b.  [SIGNAL VIOLATION CITED USING PHOTOGRAPHIC 
  1.14  EVIDENCE.] (a) Notwithstanding section 169.89, subdivision 1, if 
  1.15  a motor vehicle is operated in violation of subdivision 4 and 
  1.16  the violation is detected through use of photographic evidence, 
  1.17  the owner of the vehicle or, for a leased motor vehicle, the 
  1.18  lessee of the vehicle, is guilty of a petty misdemeanor.  
  1.19  Notwithstanding any other law, a peace officer may issue a 
  1.20  citation to the owner or lessee of the vehicle through United 
  1.21  States mail. 
  1.22     (b) This subdivision does not apply to (1) an owner who 
  1.23  presents written evidence that the motor vehicle had been 
  1.24  reported to a law enforcement agency as stolen at the time of 
  1.25  the violation, or (2) an owner that is a lessor of a motor 
  1.26  vehicle if the lessor keeps a record of the name and address of 
  1.27  the lessee. 
  2.1      (c) This subdivision does not prohibit or limit the 
  2.2   prosecution of a motor vehicle operator for violating 
  2.3   subdivision 4. 
  2.4      Sec. 2.  [169.062] [SIGNAL VIOLATION DETECTED WITH 
  2.5   PHOTOGRAPHIC EVIDENCE.] 
  2.6      Subdivision 1.  [LOCAL GOVERNMENT AUTHORITY.] (a) A 
  2.7   statutory or home rule charter city or urban town, as defined in 
  2.8   chapter 368, may by ordinance develop and implement a program to 
  2.9   allow peace officers to detect violations of section 169.06, 
  2.10  subdivision 4, through photographic evidence, as provided in 
  2.11  section 169.06, subdivision 5b.  A program established under 
  2.12  this section must: 
  2.13     (1) be limited to enforcement of traffic signals only; 
  2.14     (2) require inspection and certification by a police 
  2.15  officer of the photographic evidence before a citation may be 
  2.16  issued; 
  2.17     (3) provide for acceptance of the certification of the 
  2.18  inspecting officer as prima facie evidence of violation of the 
  2.19  traffic light signal law; 
  2.20     (4) provide that citations only for traffic signal 
  2.21  violations be issued through United States mail postmarked 
  2.22  within seven working days of the offense; 
  2.23     (5) provide that photographic systems operate in such a 
  2.24  manner that the violating vehicle is identified by the 
  2.25  photograph but the occupants of the vehicle are not; 
  2.26     (6) provide that all records of convictions resulting from 
  2.27  violations detected through the use of photographic systems 
  2.28  contain a notation to that effect; and 
  2.29     (7) require signage notifying drivers that photographic 
  2.30  systems are in place to detect traffic signal violations. 
  2.31     (b) The city or town shall consult with the department of 
  2.32  public safety in establishing the program. 
  2.33     Subd. 2.  [FINES.] A city or town participating in the 
  2.34  program shall impose a fine for a violation detected by 
  2.35  photographic equipment that is equal to the fine for a violation 
  2.36  of section 169.06, subdivision 4, specified in the uniform fine 
  3.1   schedule established by the conference of chief judges.  All 
  3.2   fines collected for violations detected by photographic 
  3.3   equipment must be credited to the general revenue fund of the 
  3.4   city or town where the violation occurred, and fees and 
  3.5   surcharges must be imposed and credited as provided by law. 
  3.6      Subd. 3.  [DATA.] Photographic evidence and records of 
  3.7   convictions obtained under this section are private data on 
  3.8   individuals or nonpublic data as defined in section 13.02 but 
  3.9   are accessible to the owner or lessee of the vehicle.  Section 
  3.10  13.05, subdivision 11, applies to a contract with a private 
  3.11  person for operation of a program under this section.  The 
  3.12  private person may use the data only for purposes of this 
  3.13  program. 
  3.14     Sec. 3.  [EFFECTIVE DATE.] 
  3.15     Sections 1 and 2 are effective August 1, 2003.