HF 891

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing 
  1.3             commissioner of transportation to conduct a pilot 
  1.4             project using photographic evidence in the enforcement 
  1.5             of traffic signal laws; appropriating money; amending 
  1.6             Minnesota Statutes 1998, sections 169.06, by adding a 
  1.7             subdivision; and 171.12, subdivision 6. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 169.06, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 5b.  [VIOLATION CITED USING PHOTOGRAPHIC 
  1.12  EVIDENCE.] If a motor vehicle is operated in violation of 
  1.13  subdivision 4 and the violation is cited as part of a pilot 
  1.14  program administered by the commissioner of transportation under 
  1.15  section 3, the owner of the vehicle, or for a leased motor 
  1.16  vehicle the lessee of the vehicle, is guilty of a petty 
  1.17  misdemeanor.  This subdivision does not apply if (1) a person 
  1.18  other than the owner or lessee was operating the vehicle at the 
  1.19  time the violation occurred, or (2) the owner presents written 
  1.20  evidence that the motor vehicle had been reported to a law 
  1.21  enforcement agency as stolen at the time of the violation.  This 
  1.22  subdivision does not apply to a lessor of a motor vehicle if the 
  1.23  lessor keeps a record of the name and address of the lessee.  
  1.24  This subdivision does not prohibit or limit the prosecution of a 
  1.25  motor vehicle operator for violating subdivision 4. 
  1.26     Sec. 2.  Minnesota Statutes 1998, section 171.12, 
  2.1   subdivision 6, is amended to read: 
  2.2      Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] (a) The 
  2.3   department shall not keep on the record of a driver any 
  2.4   conviction for a violation of section 169.14, subdivision 2, 
  2.5   paragraph (a), clause (3), unless the violation consisted of a 
  2.6   speed greater than ten miles per hour in excess of the lawful 
  2.7   speed.  
  2.8      (b) The department shall not keep on the record of a driver 
  2.9   a conviction for failure to obey traffic signals if the record 
  2.10  of conviction indicates that the conviction was obtained through 
  2.11  the use of photographic evidence under a pilot program 
  2.12  administered by the commissioner of transportation. 
  2.13     Sec. 3.  [PILOT PROJECT.] 
  2.14     Subdivision 1.  [COMMISSIONER TO ESTABLISH PROJECT.] The 
  2.15  commissioner of transportation shall establish a pilot project 
  2.16  to test the feasibility and desirability of using photographic 
  2.17  evidence as a basis for issuing citations for failure to obey 
  2.18  traffic signals. 
  2.19     Subd. 2.  [GRANTS.] (a) The commissioner shall make grants 
  2.20  to the city of Minneapolis and up to two additional statutory or 
  2.21  home rule charter cities the commissioner selects from among 
  2.22  applicants for the grants.  The grants must be for the purpose 
  2.23  of planning and implementing a system of enforcing traffic 
  2.24  signals through the use of photographic evidence of violations 
  2.25  using automated equipment not operated by a peace officer.  
  2.26     (b) To be eligible for grants under this section, a 
  2.27  proposed program must: 
  2.28     (1) be limited to enforcement of vehicular traffic signals 
  2.29  only; 
  2.30     (2) issue citations for traffic signal violations through 
  2.31  the mail only; 
  2.32     (3) operate photographic systems in such a manner that the 
  2.33  violating vehicle is identified by the photograph but the 
  2.34  occupants of the vehicle are not; 
  2.35     (4) provide that all records of convictions resulting from 
  2.36  violations detected through the use of photographic systems 
  3.1   contain a notation to that effect. 
  3.2      (c) The commissioner shall adopt standards for the design, 
  3.3   specifications, and operation of photographic equipment operated 
  3.4   by a city as part of the pilot program. 
  3.5      Subd. 3.  [EFFECTS OF CITATION.] The provisions of 
  3.6   Minnesota Statutes, sections 169.90 to 169.95, that apply to 
  3.7   arrests, citations, and convictions apply to citations written 
  3.8   for a violation detected by photographic equipment operated with 
  3.9   a grant under this section, except those that by their terms can 
  3.10  have no application. 
  3.11     Subd. 4.  [REPORT.] The commissioner shall report to the 
  3.12  legislature by February 1, 2001, on the results of the pilot 
  3.13  program. 
  3.14     Subd. 5.  [FINE SCHEDULE.] A city participating in the 
  3.15  pilot program may by ordinance establish a schedule of fines for 
  3.16  violations detected by photographic equipment under the pilot 
  3.17  program. 
  3.18     Subd. 6.  [APPROPRIATION.] $....... is appropriated from 
  3.19  the general fund to the commissioner of transportation for the 
  3.20  purposes of this section.  This appropriation is available until 
  3.21  spent. 
  3.22     Sec. 4.  [EFFECTIVE DATE.] 
  3.23     Sections 1 to 3 are effective July 1, 1999.