SB201

By Senators Brewbaker and Ross

ENROLLED, An Act,

Relating to the City of Montgomery; to repeal Sections 1 to 13, inclusive, of Act 2011-298, 2011 Regular Session (Acts 2011, p. 554), and Sections 1 to 13, inclusive, Act 2011-337, 2011 Regular Session (Acts 2011, p. 610), relating to automatic photographic speeding enforcement systems to detect and record speeding violations by operators of motor vehicles; and to amend Sections 5 and 6 of Act 2009-740, 2009 Regular Session (Acts 2009, p. 2208), as further amended by Act 2011-298, 2011 Regular Session (Acts 2011, p. 554), and Act 2011-337, 2011 Regular Session (Acts 2011, p. 610), to make conforming changes.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 1 to 13, inclusive, of Act 2011-298, 2011 Regular Session (Acts 2011, p. 554), and Sections 1 to 13, inclusive, of Act 2011-337, 2011 Regular Session (Acts 2011, p. 610), are repealed.

Section 2. Sections 5 and 6 of Act 2009-740, 2009 Regular Session (Acts 2009, p. 2208), as further amended by Act 2011-298, 2011 Regular Session (Acts 2011, p. 554), and Act 2011-337, 2011 Regular Session (Acts 2011, p. 610), are amended to read as follows:

"Section 5. (a) Prior to imposing a civil penalty under this act, the City of Montgomery shall first mail a notice of violation by certified U.S. mail, return receipt requested, to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system while committing a traffic signal violation. The notice shall be sent not later than the 30th day after the date the traffic signal violation is recorded to:

"(1) The owner's address as shown on the registration records of the Alabama Department of Revenue.

"(2) If the vehicle is registered in another state or country, to the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.

"(b) A notice of violation issued under this act shall contain the following:

"(1) Description of the violation alleged.

"(2) The date, time, and location of the violation.

"(3) A copy of recorded images of the vehicle involved in the violation.

"(4) The amount of the civil penalty to be imposed for the violation.

"(5) The date by which the civil penalty must be paid.

"(6) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing.

"(7) Information that informs the person named in the notice of violation:

"a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

"b. Of the manner and time in which to contest the imposition of the civil penalty.

"c. That failure to pay the civil penalty or to contest liability is an admission of liability.

"d. The procedure and conditions under which responsibility for payment of the civil fine may be transferred to another individual who was operating the vehicle at the time of the violation.

"(8) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty.

"(9) A statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25) for each month after the issuance of the order imposing the civil penalty.

"(10) Any other information deemed necessary by the department.

"(c) A notice of violation under this act is presumed to have been received on the 10th day after the date the notice of violation is placed in the United States Mail.

"(d) The civil penalty imposed shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.

"(e) It shall be within the discretion of the trained technician to determine which of the recorded traffic signal violations are prosecuted based upon the quality and legibility of the recorded image. In lieu of issuing a notice of violation, the city may mail a warning notice to the owner.

"Section 6. (a) The Montgomery Municipal Court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this act, and to issue orders imposing the civil fines and costs set out in this act.

"(b) A person who receives a notice of violation may contest the imposition of the civil fine by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing by U.S. mail, return receipt requested.

"(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil fine assessed in the notice of violation.

"(d) The civil fine shall not be assessed if, after a hearing, the Montgomery Municipal Judge enters a finding of no liability.

"(e) If an adjudicative hearing is requested, the city shall have the burden of proving the traffic signal violation by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this act and is evidence of the facts contained in the affidavit.

"(f) The notice of violation, the recorded and reproduced images of the traffic signal violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a trained technician, and evidence of ownership of a vehicle as shown by copies or summaries of official records shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness, in which case the city shall be given a reasonable opportunity to lay an evidentiary foundation.

"(g) All other matters of evidence and procedure not specifically addressed in this act shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to Montgomery County Circuit Court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this act.

"(h) A person who is found liable for the civil violation after an adjudicative hearing or who requests an adjudicative hearing and thereafter fails to appear at the time and place of the hearing is liable for court costs and fees set out herein in addition to the amount of the civil fine assessed for the violation. A person who is found liable for a civil violation after an adjudicative hearing shall pay the civil fine and costs within 10 days of the hearing.

"(i) Whenever payment of a civil fine is owed to the city, the amount of the civil fine as set by ordinance may not be increased, decreased, or remitted by the municipal court, and the liability may be satisfied only by payment.

"(j) It shall be an affirmative defense to the imposition of civil liability under this act, to be proven by a preponderance of the evidence, that:

"1. The traffic-control signal was not in proper position and sufficiently visible to an ordinarily observant person.

"2. The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer.

"3. The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle.

"4. The motor vehicle was being operated as an authorized emergency vehicle under Sections 32-5A-7 and 32-5-213 of the Code of Alabama 1975, and that the operator was acting in compliance with that chapter.

"5. The motor vehicle was stolen or being operated by a person other than the owner of the vehicle without the effective consent of the owner.

"6. The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.

"7. The presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would make compliance with this act more dangerous under the circumstances than noncompliance.

"8. The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.

"9. There was no sign installed as required by this act near the red light at which the violation allegedly occurred warning that an automated red light camera device was being used.

"(k) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency.

"(l) Notwithstanding anything in this act to the contrary, a person who fails to pay the amount of a civil fine or to contest liability in a timely manner is entitled to an adjudicative hearing on the violation if:

"1. The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 5.

"2. Within the 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing."

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Montgomery County

Montgomery

Traffic Violations

Automated Photographic Enforcement

Acts Repealed

Acts Amended