Report Title:

Photo Red Light Imaging Detector System; Violations; Citations

 

Description:

Establishes a photo red light imaging detector system program and counties are provided the authorization to implement the program.  Does not mandate the counties to implement a photo red light imaging detector system or authorize any appropriation for the program.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1170

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HIGHWAY SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Photo light imaging detector systems are a safe, efficient, and cost effective means of discouraging the running of red traffic lights.  These systems can position cameras at intersections with a higher than normal probability for red light violations.  When a violation occurs, photographs are taken that show a telephoto picture of the rear of the vehicle, including the license plate; a wide-angle picture of the entire intersection, including other traffic and a picture of the driver.  The citation, which can be used as evidence in court, includes identifying pictures, imprinted violation time, date, location and the number of seconds the light was red before the vehicle entered the intersection.

PART I

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PHOTO RED LIGHT IMAGING DETECTOR SYSTEM PROGRAM

     §    -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "County highway" has the same meaning as used in section 264-1.

     "Department" means the department of transportation.

     "Driver" has the same meaning as defined in section 291C-1.

     "Motor vehicle" has the same meaning as defined in section 291C‑1.

     "Photo red light imaging detector system" or "system" means a device used for traffic enforcement to detect failure to stop at a red light that includes a motor vehicle sensor that works in conjunction with a traffic-control signal and one or more cameras or similar devices to automatically produce a photographic, digital, or other visual image of a motor vehicle that has disregarded a steady red traffic-control signal in violation of section 291C‑32, and optionally a photographic, digital, or other visual image of the driver of the motor vehicle.

     "State highway" has the same meaning as used in section 264-1.

     "Traffic-control signal" has the same meaning as defined in section 291C-1.

     §    -2  Photo red light imaging detector system program; established.  There is established the photo red light imaging detector system program, which may be implemented by any county on state or county highways within the respective county to enforce section 291C-32(a)(3).

     §    -3  County powers and duties.  Each county may establish and implement, in accordance with this chapter, a photo red light imaging detector system program imposing monetary liability on the driver of a motor vehicle for failure to comply with section 291C-32(a)(3).  Each county may provide for the procurement, location, installation, operation, maintenance, and repair of photo red light imaging detector systems within the program.  Where a photo red light imaging detector system affects state property, the department shall cooperate with and assist the county as needed to install (without adding a separate electrical meter), maintain, and repair the system.

     §    -4  Photo red light imaging detector system program requirements.  (a)  Photo red light imaging detector system program equipment shall be operated from a fixed pole, post, or other fixed structure on a state or county highway.

     (b)  Signs or other official traffic-control devices indicating that the traffic signal law is enforced by a photo red light imaging detector system shall be posted at the photo enforcement intersections to notify drivers of the existence and operation of the system.

     (c)  Proof of a violation of section 291C-32(a)(3) shall be as evidenced by information obtained from a photo red light imaging detector system.  A certificate, sworn to or affirmed by the county's agent or employee, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein.  Any photographs, microphotographs, videotape, or other recorded images evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for that violation.

     (d)  No summons or citation issued pursuant to the photo red light imaging detector system program shall be issued unless it contains a clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle.

     (e)  The conditions specified in this section shall not apply when the information gathered is used for highway safety research or to issue warning citations that do not involve a fine or court appearance, or affect a person's driving record.

     §    -5  Summons or citations.  (a)  Notwithstanding any law to the contrary, whenever the driver of any motor vehicle is determined by means of a photo red light imaging detector system to have disregarded a steady red signal in violation of section 291C‑32(a)(3), the county shall issue a notice of infraction in accordance with 291D-5.

     (b)  The form and content of the summons or citation shall be as adopted or prescribed by the administrative judge of the district courts and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the summons or citation valid within the laws of the State; provided that any summons or citation issued under this chapter shall contain a clear and unobstructed photographic, digital, or other visual image of the driver of the motor vehicle that is to be used as evidence of the violation.

     (c)  Every citation shall be consecutively numbered and each copy thereof shall bear the number of its respective original.

     (d)  Upon receipt of the summons or citation, the registered owner shall respond as provided for in chapter 291D.  A mail receipt from the post office is prima facie evidence of the registered owner's receipt of notification.  The registered owner shall be identified through the motor vehicle's registration plates.

     (e)  The county, or the county's agent or employee, shall be available to testify as to the authenticity of the information provided pursuant to this section.

     §    -6  Registered owner's responsibility for a summons or citation.  In any proceeding for a violation of this chapter, the information contained in the summons or citation mailed in accordance with section   -5 shall be deemed prima facie evidence that the registered owner of the vehicle violated section 291C‑32(a)(3).

     §    -7  Prima facie evidence.  (a)  Whenever the photo red light imaging detector system determines a motor vehicle to be in violation of section 291C-32(a)(3), evidence that the motor vehicle described in the citations or summons issued pursuant to this chapter was operated in violation of section 291C-32(a)(3), together with proof that the person to whom the summons or citation was sent was the registered owner of the motor vehicle at the time of the violation, shall constitute prima facie evidence that the registered owner of the motor vehicle was the person who committed the violation.

     (b)  The registered owner of the vehicle may rebut the evidence in subsection (a) by any one of the following ways, including:

     (1)  Submitting a written statement as provided in section 291D-6(b)(2);

     (2)  Testifying in open court under oath that the person was not the driver of the motor vehicle at the time of the alleged violation;

     (3)  Calling witnesses to testify in open court under oath that the person was not the driver of the motor vehicle at the time of the alleged violation;

     (4)  Submitting extrinsic evidence that the person was not the driver of the motor vehicle at the time of the alleged violation;

     (5)  Presenting, prior to the return date established on the citation or summons issued pursuant to this chapter, a letter of verification of loss from the police department indicating that the motor vehicle had been reported stolen, to the court adjudicating the alleged violation; or

     (6)  Identifying the driver of the vehicle at the time of the offense.

     §    -8  Failure to comply with summons or citation.  If the registered owner of the motor vehicle does not return an answer in response to a summons or citation within a period of twenty-one days upon receipt of the summons or citation, the district court shall issue, pursuant to section 291D-7(e), a notice of entry of judgment of default to the registered owner of the motor vehicle.

     §    -9  Liability for rental or U‑drive vehicle.  Notwithstanding any law to the contrary, if the registered owner of record is the lessor of a rental or U‑drive motor vehicle, as defined in section 286‑2, pursuant to a written lease agreement, the lessee at the time of the violation shall be responsible for the summons or citation; provided that:

     (1)  The lessor shall be responsible for the summons or citation if the lessor does not provide the court having jurisdiction over the summons or citation with the name and address of the lessee within thirty days after a notice containing the date, time, and location of the violation and the license number of the vehicle is sent to the lessor; or

     (2)  If requested by the lessor in writing within thirty days of such notice of violation, the administrative judge of the court having jurisdiction over the summons or citation shall waive the requirement of providing the name and address of the lessee and impose on the lessor an administrative fee of $5 per citation plus costs and fees not to exceed $10 in total per violation notwithstanding any such law to the contrary.

     §    -10  Fines for unauthorized disclosure.  Any officer, employee, or agent of a county who intentionally discloses or provides a copy of personal and confidential information obtained from a photo red light imaging detector system to any unauthorized person or agency shall be fined not more than $      ; provided that the fine shall not preclude the application of penalties or fines otherwise provided for by law.

     §    -11  Photo red light imaging detector system program account established.  (a)  There is established as a special account within the general fund, a photo red light imaging detector system program account into which shall be paid revenues collected pursuant to this chapter.

     (b)  All fines collected under this chapter shall be deposited into the photo red light imaging detector system program account.  Moneys in the account shall be expended by and in the county in which the fine was imposed, for purposes that include the establishment, operation, management, and maintenance of the photo red light imaging detector system program."

PART II

     SECTION 3.  Section 286-51, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every certificate of registration issued under this part shall expire at midnight on December 31 of each year and shall be renewed annually before April 1 of each year upon application by the registered owner by presentation of the last issued certificate of registration or the last issued application for renewal, such renewal to take effect as of January 1 of each year; provided that the certificate of registration for each motor vehicle in the counties of the State may be renewed on a staggered basis, if a county elects to do so.  The director of finance of each county may adopt rules to carry out the purposes stated in this section and shall expend the necessary funds from the director's operating funds as may be necessary for these purposes; provided that the director of finance, if the director has ascertained as of the date of the application that the registered owner has not deposited or paid bail with respect to any summons or citation issued to the registered owner for stopping, standing, or parking in violation of traffic ordinances within the county, or a violation of section 291C-32(a)(3) that was enforced by a photo red light imaging detector system, may require, as a condition precedent to the renewal, that the registered owner deposit or pay bail with respect to all such summons or citations.  The certificates of registration issued hereunder shall show, in addition to all information required under section 286-47, the serial number of the tag or emblem and shall be valid during the registration year only for which they are issued.  The certificates of ownership need not be renewed annually but shall remain valid as to any interest shown therein until canceled by the director of finance as provided by law or replaced by new certificates of ownership as hereinafter provided."

     SECTION 4.  Section 287-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any provision to the contrary, all alleged moving violations as well as any convictions resulting therefrom or any administrative license suspension pursuant to chapter 291A or any violation of section 291C-32(a)(3) that is enforced by a photo red light imaging detector system shall not be included in a certified abstract of the bureaus' record."

     SECTION 5.  Section 291C-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(3)  Steady red indication:

          (A)  Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown, except as provided in the next succeeding paragraphs.  Violations of this subparagraph that are enforced by a photo red light imaging detector system are not moving violations."

     SECTION 6.  Section 291C-163, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  This chapter shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from:

     (1)  Regulating or prohibiting stopping, standing, or parking except as pro­vided in section 291C-111;

     (2)  Regulating traffic by means of police officers or official traffic-control devices;

     (3)  Regulating or prohibiting processions or assemblages on the highways;

     (4)  Designating particular highways or roadways for use by traffic moving in one direction;

     (5)  Establishing speed limits for vehicles in public parks;

     (6)  Designating any highway as a through highway or designating any intersection as a stop or yield intersection;

     (7)  Restricting the use of highways;

     (8)  Regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee;

     (9)  Regulating or prohibiting the turning of vehicles or specified types of vehicles;

    (10)  Altering or establishing speed limits;

    (11)  Requiring written accident reports;

    (12)  Designating no-passing zones;

    (13)  Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic;

    (14)  Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

    (15)  Establishing minimum speed limits;

    (16)  Designating hazardous railroad grade crossing;

    (17)  Designating and regulating traffic on play streets;

    (18)  Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk;

    (19)  Restricting pedestrian crossing at unmarked crosswalks;

    (20)  Regulating persons propelling push carts;

    (21)  Regulating persons upon skates, coasters, sleds, and other toy vehicles;

    (22)  Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

    (23)  Adopting maximum and minimum speed limits on streets and highways within their respective jurisdictions;

    (24)  Adopting requirements on stopping, standing, and parking on streets and highways within their respective jurisdictions except as provided in section 291C‑111;

    (25)  Implementing a photo red light imaging detector system program pursuant to chapter  ; or

   [(25)] (26)  Adopting such other traffic regulations as are specifically authorized by this chapter."

     SECTION 7.  Section 291C-165, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In every case when a citation is issued, the original of the citation shall be given to the violator; provided that:

     (1)  In the case of an unattended vehicle, the original of the citation shall be affixed to the vehicle as provided for in section 291C-167; or

     (2)  In the case of:

         (A)  A vehicle utilizing the high occupancy vehicle lane illegally; or

         (B)  A vehicle illegally utilizing a parking space reserved for persons with disabilities, where the violator refuses the citation;

the original of the citation shall be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, as provided in section 291C-223 for vehicles illegally utilizing the high occupancy vehicle lane, or within seventy-two hours of the time of the incident for vehicles illegally utilizing a parking space reserved for persons with disabilities, or for vehicles running a red traffic light that are identified by a photo red light imaging detector system to the registered owner of the vehicle at the address on record at the vehicle licensing division.  If the end of the applicable forty-eight or seventy-two hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday; provided that the administrative judge of the district courts may allow a carbon copy of the citation to be given to the violator or affixed to the vehicle and provide for the disposition of the original and any other copies of the citation."

PART III

     SECTION 8.  It is the intent of this Act neither to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefore to the legislature at its next session thereafter for review by the legislature.

     SECTION 9.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST