HF 650

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 
  1.3             enforcement of traffic signals through use of 
  1.4             photographic evidence; amending Minnesota Statutes 
  1.5             2002, sections 13.6905, by adding a subdivision; 
  1.6             169.06, by adding a subdivision; 171.12, subdivision 
  1.7             6; proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 169.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 13.6905, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 3a.  [PHOTOGRAPHIC EVIDENCE OF TRAFFIC SIGNAL 
  1.13  VIOLATION.] Photographic evidence and records of convictions of 
  1.14  traffic signal violations are governed by section 169.062, 
  1.15  subdivision 4. 
  1.16     Sec. 2.  Minnesota Statutes 2002, section 169.06, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 5b.  [SIGNAL VIOLATION CITED USING PHOTOGRAPHIC 
  1.19  EVIDENCE.] (a) Notwithstanding section 169.89, subdivision 1, if 
  1.20  a motor vehicle is operated in violation of subdivision 4 and 
  1.21  the violation is detected through use of photographic evidence, 
  1.22  the owner of the vehicle or, for a leased motor vehicle, the 
  1.23  lessee of the vehicle, is guilty of a petty misdemeanor and may 
  1.24  be fined up to $100.  Notwithstanding any other law, a peace 
  1.25  officer may issue a citation to the owner or lessee of the 
  1.26  vehicle through United States mail. 
  1.27     (b) This subdivision does not apply to (1) an owner who 
  2.1   presents written evidence that the motor vehicle had been 
  2.2   reported to a law enforcement agency as stolen at the time of 
  2.3   the violation, or (2) a lessor of a motor vehicle if the lessor 
  2.4   keeps a record of the name and address of the lessee. 
  2.5      (c) This subdivision does not prohibit or limit the 
  2.6   prosecution of a motor vehicle operator for violating 
  2.7   subdivision 4. 
  2.8      (d) It is an affirmative defense to a violation of this 
  2.9   subdivision if the owner or lessee proves by a preponderance of 
  2.10  the evidence that the owner or lessee was not the driver of the 
  2.11  vehicle at the time of the violation. 
  2.12     Sec. 3.  [169.062] [SIGNAL VIOLATION DETECTED WITH 
  2.13  PHOTOGRAPHIC EVIDENCE.] 
  2.14     Subdivision 1.  [LOCAL GOVERNMENT AUTHORITY.] (a) A 
  2.15  statutory or home rule charter city or urban town, as defined in 
  2.16  chapter 368, may by ordinance develop and implement a program to 
  2.17  allow peace officers to detect violations of section 169.06, 
  2.18  subdivision 4, through photographic evidence, as provided in 
  2.19  section 169.06, subdivision 5b.  A program established under 
  2.20  this section must: 
  2.21     (1) be limited to enforcement of traffic signals only; 
  2.22     (2) issue citations for traffic signal violations only 
  2.23  through United States mail within seven working days of the 
  2.24  offense; 
  2.25     (3) provide that any fine revenues in excess of the costs 
  2.26  of the program be transferred to the commissioner of 
  2.27  transportation to be used for the crosswalk safety awareness 
  2.28  campaign; 
  2.29     (4) operate photographic systems in such a manner that the 
  2.30  violating vehicle is identified by the photograph but the 
  2.31  occupants of the vehicle are not; 
  2.32     (5) provide that all records of convictions resulting from 
  2.33  violations detected through the use of photographic systems 
  2.34  contain a notation to that effect; and 
  2.35     (6) require signage notifying drivers that photographic 
  2.36  systems are in place to detect traffic signal violations. 
  3.1      (b) The city or town shall consult with the department of 
  3.2   public safety in establishing the program.  Any contract with a 
  3.3   private person for operation of a program under this section 
  3.4   must not include a provision that provides for a payment to the 
  3.5   private person based on the number of citations issued or based 
  3.6   on either a percentage or specified amount of fines assessed or 
  3.7   collected. 
  3.8      Subd. 2.  [FINES.] A city or town participating in the 
  3.9   program may by ordinance establish a schedule of fines for 
  3.10  violations detected by photographic equipment. 
  3.11     Subd. 3.  [LIABILITY FOR REPAYMENT OF FINES.] A city or 
  3.12  town participating in the program is liable for the repayment of 
  3.13  fines collected for signal law violations detected by 
  3.14  photographic equipment if the alleged violations occurred during 
  3.15  a period of time that the photographic system was unreliable due 
  3.16  to a malfunction, inadequate maintenance, or improper placement. 
  3.17     Subd. 4.  [DATA.] Photographic evidence and records of 
  3.18  convictions obtained under this section are private data on 
  3.19  individuals or nonpublic data as defined in section 13.02 but 
  3.20  are accessible to the owner or lessee of the vehicle.  Section 
  3.21  13.05, subdivision 11, applies to a contract with a private 
  3.22  person for operation of a program under this section.  The 
  3.23  private person may use the data only for purposes of this 
  3.24  program. 
  3.25     Sec. 4.  Minnesota Statutes 2002, section 171.12, 
  3.26  subdivision 6, is amended to read: 
  3.27     Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] (a) The 
  3.28  department shall not keep on the record of a driver any 
  3.29  conviction for a violation of section 169.14, subdivision 2, 
  3.30  paragraph (a), clause (3), unless the violation consisted of a 
  3.31  speed greater than ten miles per hour in excess of the lawful 
  3.32  speed. 
  3.33     (b) The department shall not keep on the record of a driver 
  3.34  a conviction for failure to obey traffic signals if the record 
  3.35  of conviction indicates that the conviction was obtained through 
  3.36  the use of photographic evidence.