SB401

By Senators Dunn, Beasley and Coleman-Madison

ENROLLED, An Act,

Relating to the City of Bessemer, Alabama, in Jefferson County; authorizing automated traffic safety law enforcement in the City of Bessemer, Alabama, as a civil violation; providing certain procedures to be followed by the City using automated photographic traffic enforcement; providing that the owner of the vehicle involved in running a traffic light, stop sign, or violating the speed limit in the City of Bessemer is presumptively liable for a civil violation and the payment of a specified fine, but providing procedures to contest liability; providing for jurisdiction in Jefferson County and the City of Bessemer over such civil violations and allowing petitions for judicial review in the Jefferson County Circuit Court for trial de novo; creating a cause of action for any person held responsible for payment of the fine against the person who was actually operating a vehicle during the commission of a civil violation defined in this act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the "Bessemer Automated Traffic Safety Act."

Section 2. (a) The City of Bessemer, Alabama, may, by ordinance, provide for the implementation of an automated traffic safety system within the City as provided for in this act.

(b) The Legislature finds and declares the following:

(1) Vehicles that violate traffic control regulations and signage have been and are a dangerous problem in the City of Bessemer, Alabama.

(2) Studies have found that automated traffic camera enforcement in a municipal area is a highly accurate method for detecting violations of traffic control regulations and signage and is very effective in reducing the number of traffic violations and decreasing the number of traffic accidents, deaths, and injuries.

(3) Current Alabama law provides that failing to stop and remain stopped at a traffic-control signal which is emitting a steady red signal is a criminal misdemeanor. Current Alabama law also provides that failing to abide by traffic signage or speed limits is also a criminal misdemeanor. Under Alabama law one who commits any of these misdemeanors is subject to prosecution only if the misdemeanor was witnessed by either a duly empowered police officer or other witness who makes a verified complaint to a sworn magistrate.

(4) A reduction in the number of drivers exceeding speed limits and running red lights and stop signs through a program utilizing photographic evidence and enforcement through the imposition of civil fines will help promote and protect the health, safety, and welfare of the citizens of the City of Bessemer. A duly enacted local act of the Legislature could grant to the City of Bessemer the authority to establish a program to enforce traffic signal violations, stop sign violations, and speeding violations by the use of photographic evidence and the imposition of civil fines.

(5) By providing for the use of automated traffic cameras in traffic signal enforcement, stop sign enforcement, and speed limit enforcement in the City of Bessemer, the Legislature expects to decrease the occurrence in the City of traffic signal violations, stop sign violations, and speeding violations.

Section 3. As used in this act, the following terms shall have the following meanings:

(1) CITY. The City of Bessemer, Alabama.

(2) FINE. The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized by this act for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction.

(3) CIVIL VIOLATION. A violation of the provisions of the ordinance authorized by this act, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible.

(4) OWNER. The owner or owner of record of a motor vehicle as shown on the motor vehicle registration and title records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. The term shall not include motor vehicles displaying dealer license plates, in which event "owner" shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of any stolen motor vehicle, in which event "owner" shall mean the person who is guilty of stealing the motor vehicle and who was operating the vehicle at the time of the civil violation.

(5) PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT SYSTEM. A system that:

a. Consists of a still camera system and full motion video camera system (30 frames per second or greater); and

b. Is capable of producing at least two separate recorded images, i.e.,

1. An image of the rear of a vehicle prior to entering the intersection; and

2. An image of the rear of the vehicle showing the license plate.

(6) PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM. A system that:

(a) Consists of a still camera system and full motion video camera system (30 frames per second or greater) installed to work in conjunction with an electrically operated traffic control signal; and

(b) Is capable of producing at least three separate recorded images, i.e.,

1. An image of the rear of a vehicle prior to entering the intersection on a red signal.

2. An image of the rear of the vehicle showing the license plate; and

3. An image of the rear of the vehicle in or through the intersection when the red signal is visible.

(c) All images must be synchronized to a single time source and provide the elapsed time between the first, second, and third photographs or digital images specified in this subparagraph b.

(7) PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM. A system that:

(a) Has a mobile or fixed electronic speed enforcement system, or both, which is certified and in compliance with the rules of the Federal Communications Commission; and

(b) Is capable of producing two or more recorded images, at least one depicting the license plate attached to the rear of a vehicle being operated at a speed in excess of the applicable speed limit.

(8) RECORDED IMAGE. An image recorded by the system depicting the rear of a vehicle which is automatically recorded as a photograph or digital image, which also depicts the recorded speed, date, location, and time of the recorded image.

(9) SPEED LIMIT. The established maximum speed limit on a given roadway prescribed by law.

(10) SPEEDING VIOLATION. Any violation of a motor vehicle at a speed that exceeds the legal maximum speed limits set forth in or adopted pursuant to Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive, Code of Alabama 1975 or of any combination thereof; provided, however, that speed limits set by action of the Bessemer City Council, if any, shall supersede the limits set in Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive, Code of Alabama 1975. A speeding violation shall be a civil violation as defined in this act.

(11) STOP SIGN. A fixed sign of the type authorized by the Alabama Department of Transportation which requires a vehicle to come to a complete stop before entering the intersection.

(12) STOP SIGN VIOLATION. Any violation of Section 32-5A-112, Code of Alabama 1975, wherein a vehicle proceeds into an intersection after failing to stop at a clearly marked stop line. A stop sign violation shall be a civil violation as defined in this act.

(13) TRAFFIC CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1.1, Code of Alabama 1975.

(14) TRAFFIC SIGNAL VIOLATION. Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, Code of Alabama 1975, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle's lane of travel is emitting a steady red signal. A traffic signal violation shall be a civil violation as defined in this act.

(15) TRAINED TECHNICIAN. A sworn law enforcement officer or a person certified by the Alabama Peace Officers' Standards and Training Commission (APOSTC), employed or contracted by the City, who has received instruction and training in the proper use of the photographic traffic signal enforcement system, the photographic stop sign enforcement system, and the photographic vehicle speed enforcement system used by the City, the City's traffic engineer or the City's designee.

Section 4. (a) The City as provided in this act, is empowered to adopt an ordinance providing for the utilization by the City or its designee of a photographic traffic signal enforcement system, a photographic stop sign enforcement system, and a photographic vehicle speed enforcement system to detect and record traffic signal violations, stop sign violations, and speeding violations in the City, to issue notices of civil violations by mail, and to collect fines for the recorded traffic signal violations, stop sign violations and speeding violations which may occur within the corporate limits of the City as provided in this act.

(b) (1) Fines collected pursuant to an ordinance authorized by this act for traffic signal violations and stop sign violations shall not exceed one hundred ten dollars ($110).

(2) (i) Except for speeding violations that occur in school zones, fines collected pursuant to an ordinance authorized by this act for speeding violations shall not exceed the fines as shown in the following table. The following fine shall apply to the owner when captured by the photographic vehicle speed enforcement system where the vehicle was recorded as traveling at the following speeds over the speed limit:

Speed over Speed Limit Fine 5 through 10 mph $60 Greater than 10 mph through 15 mph $110 Greater than 15 mph through 20 mph $135 Greater than 20 mph $160

(ii) The fines stated above in Section 4(b)(2)(i) shall be doubled if that violation occurs and was electronically recorded within a segment of the roadway or intersection designated with signage or signals as a school zone only during school hours when school is in session and one hour before and after school hours.

(3) The first ten dollars ($10) of each fine authorized by this act and collected by the City or its designee shall be paid to the Alabama Criminal Justice Information Center as compensation for record keeping with respect to violation notices issued pursuant to this act.

(4) Administrative hearing costs shall be assessed only in contested cases. A person who is found liable after an administrative hearing or who requests an administrative hearing and thereafter fails to appear at the time and place of the hearing shall pay the fine amount plus any late fee in addition to a thirty dollar ($30) administrative hearing fee. If the person is found not liable at the administrative hearing, the thirty dollar ($30) administrative hearing fee will not be assessed or any fine and fee paid related to that citation shall be refunded.

(c) The City or its designee may place photographic traffic signal enforcement systems, photographic stop sign enforcement systems, and photographic vehicle speed enforcement systems at locations within the City without notice of the specific location and may change locations without public notice.

(d) The City or its designee shall post a sign or signs at each intersection at which a photographic traffic signal enforcement system or photographic stop sign enforcement system is located informing motorists that such devices are in operation at the intersection. The City or its designee shall post a sign or signs along each roadway or street at which a photographic vehicle speed enforcement system is located informing motorists that such a device is in operation.

(e) The City may contract with a vendor to perform services authorized by this act.

Section 5. (a) The City or its designee shall mail a notice of violation by U.S. mail to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system, photographic stop sign enforcement system, or photographic vehicle speed enforcement system while committing a traffic signal violation, stop sign violation, or speeding violation. The notice shall be sent not later than the 30th day after the date the traffic signal violation, stop sign violation, or speeding violation is recorded to:

(1) The owner's address as shown on the records of the Alabama Department of Revenue; or

(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;

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

(3) A copy of a recorded image of the vehicle;

(4) The amount of the fine to be imposed for the violation;

(5) The date by which the fine must be paid;

(6) A statement that the person named in the notice of violation may pay the fine in lieu of appearing at an administrative hearing;

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

i. Of the right to contest the imposition of the fine in an administrative hearing;

ii. Of the manner and time in which to contest the imposition of the fine; and

iii. That failure to pay the fine or to contest liability is an admission of liability;

(8) A statement that a recorded image is evidence in a proceeding for the imposition of a fine;

(9) In the case of a motor vehicle rental or leasing company, the procedure for transferring liability to the renter or lessee and a request for the name, address, and driver's license number of the renter or lessee;

(10) A statement that failure to pay the fine within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25); and

(11) Any other information deemed necessary by the City or its designee.

(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) A fine imposed pursuant to this Act 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, stop sign violations and speeding violations are to be enforced based upon the quality and legibility of the recorded image.

Section 6. (a) An Administrative Hearing Officer appointed by the Mayor of the City is vested with the power and jurisdiction to conduct administrative hearings of civil violations provided for in this act.

(b) A person who receives a notice of violation may contest the imposition of the fine by submitting a request for an administrative hearing 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 or its designee shall notify the person of the date and time of the administrative hearing by U.S. mail.

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

(d) Any fine imposed pursuant to this Act shall not be collected if, after a hearing, the Administrative Hearing Officer appointed by the Mayor of the City enters a finding of no liability.

(e) If an administrative hearing is requested, the City shall have the burden of proving the traffic signal violation, stop sign violation, or speeding violation by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system or photographic stop sign 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, stop sign violation, or speeding 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 Administrative Hearing Officer 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 petition to Jefferson County Circuit Court for trial de novo, the evidence and procedures shall be as for any civil case in the district court except as otherwise provided in this act.

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

(i) Whenever payment of a fine is owed to the City, the amount of the fine as set by ordinance may not be increased, decreased, or abated by the City, 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 those chapters;

(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; or

(8) There was no sign installed as required by this act near the location at which the violation allegedly occurred warning that a photographic traffic signal enforcement system was being used.

(k) To establish 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 or promptly following the theft, had been timely reported to the appropriate law enforcement agency.

(l) No person who rents to another person or is the lessor of a motor vehicle pursuant to a written lease agreement, nor any affiliates thereof, shall be liable for a photographic stop sign traffic enforcement system, photographic vehicle speed enforcement system, or photographic traffic signal enforcement system violation involving such motor vehicle during the period of the rental or lease, provided that upon request of the city or its designee received within 60 days after the violation occurred, such person provides to the city within 30 days after receipt of such request the name and address of the renter or lessee of such motor vehicle. The driver's license number of the renter or lessee may be subsequently specifically requested by the city or its designee if needed for the enforcement of this act. Upon the provision by the lessor, its affiliate or its designee, of the information as described in this subsection, the city or its designee may issue a new notice of violation to the renter or lessee of the vehicle in the same manner it would issue a notice of violation to an owner pursuant to Section 5, except that the notice will be sent no later than 30 days after receiving the renter's or lessee's information from the person, or any affiliate thereof, who rented or leased the motor vehicle. The renter or lessee may be held liable for the violation in the same manner that an owner may be held liable pursuant hereto.

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

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

(2) Within 15 days of the date of actual receipt of such notice, such person requests an administrative hearing.

Section 7. (a) Following an administrative hearing, the Administrative Hearing Officer shall issue an order stating:

(1) Whether the person charged with the civil violation is liable for the violation; and

(2) If the person is found to be liable, the amount of the fine assessed against the person, along with the fees and costs provided for herein.

(b) Orders issued under this section may be filed in the office of the Judge of Probate in any county in Alabama, and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein.

(c) A person who is found liable after an administrative hearing may challenge that finding of civil liability in the Jefferson County Circuit Court, by filing a petition for judicial review with the Jefferson County Circuit Court. The petition for judicial review must be filed not later than the 14th day after the date on which the Administrative Hearing Officer entered the finding of civil liability. The filing of a petition for judicial review shall stay the enforcement of the fine. After a petition for judicial review has been filed, civil liability will be determined by the circuit court by trial de novo pursuant to the jurisdiction granted in Section 12-11-30, Code of Alabama 1975.

Section 8. The circuit court hearing a petition for judicial review shall utilize the procedures applicable to proceedings in the Jefferson County District Court with the following qualifications:

(1) The proceedings shall retain their civil nature with the circuit court applying the preponderance of the evidence standard;

(2) If the person is adjudicated by the circuit court to be responsible for payment of the fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs collected to be retained by the circuit court, which costs shall be calculated in the same manner as court costs for criminal appeals from the Jefferson County District Court, provided that, in the event the circuit court finds the person petitioning for judicial review to not be responsible, any fine or fee paid, related to that citation, shall be refunded by the City;

(3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals or civil appeals and place the appeals on criminal dockets in the same manner as criminal appeals from the Jefferson County District Court or on civil dockets in the same manner as civil appeals from the Jefferson County District Court;

(4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court; and

(5) The City shall be responsible for providing an attorney to represent the City in the circuit court proceedings.

Section 9. In the event the evidence produced by a photographic traffic signal enforcement system, a photographic stop sign enforcement system or a photographic vehicle speed enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity thereof cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this act. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.

Section 10. The City may provide by ordinance that late fees not exceeding twenty-five dollars ($25) shall attach to untimely paid fines that are authorized pursuant this act and imposed pursuant hereto. No person may be arrested or incarcerated for nonpayment of a fine or late fee. No record of an adjudication of civil violation made under this act shall be listed, entered, or reported on any criminal record or driving record, whether the record is maintained by the City or an outside agency. An adjudication of civil violation provided for in this act shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for any subsequent offense of a criminal nature, shall not be considered a moving violation. The fact that a person is held liable or responsible for a fine for a traffic signal violation, stop sign violation or speeding violation shall not be used as evidence that the person was guilty of negligence or other culpable conduct, and as evidence in any other proceedings if it is or becomes admissible under the rules of evidence applicable therein.

Section 11. The City is authorized to file civil actions to enforce the provisions of an ordinance authorized by this act, including but not limited to pursuing collection actions to obtain judgments for unpaid fines, fees or both, imposed under an ordinance authorized by this act, by lawful means to secure payments of the same.

Section 12. (a) The City shall keep statistical data regarding the effectiveness of photographic traffic signal enforcement systems or photographic stop sign enforcement systems in reducing traffic-control device violations and intersectional collisions and shall communicate the data on an annual basis to the Alabama Department of Transportation and the Alabama Criminal Justice Information Center.

(b) The City shall keep statistical data regarding the effectiveness of automated photographic speeding enforcement systems in reducing speeding violations and collisions and shall communicate the data on an annual basis to the Alabama Department of Transportation and the Alabama Criminal Justice Information Center.

Section 13. The placement of control devices in the City and timing of yellow lights and red light clearance intervals shall conform to the most recent edition of the Traffic Engineering Handbook. It shall be presumed that such devices and timing are in compliance with this section unless the contrary is shown by a preponderance of the evidence.

Section 14. No fine may be imposed and no adjudication of liability for a civil violation may be made under this act if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Article 2, Chapter 5A, Title 32, including, but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, Code of Alabama 1975, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances that were recorded by the photographic traffic signal enforcement system, the photographic stop sign enforcement system, or the photographic vehicle speed enforcement system.

Section 15. Any person against whom a determination of liability for a civil violation is made pursuant to an ordinance authorized by this act, and who actually pays the fine imposed thereby shall have a cause of action against any person who may be shown to have been operating the vehicle recorded at the time of the violation for the amount of the fine actually paid plus any consequential or compensatory damages and a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity provided, however, that as a condition precedent to the bringing of a civil action, that the person held responsible for payment of a fine must first make written demand on the other person for reimbursement of the fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement. Any cause of action brought pursuant to this section must be commenced within two years from the date of the payment of the fine for a traffic signal violation, stop sign violation or speeding violation.

Section 16. Under no circumstances shall the salary or other compensation of the trained technician be related to the number of notices of violation issued or amount of fines collected.

Section 17. Nothing in this act shall be construed as invoking the provisions of the Alabama Administrative Procedure Act, Sections 41-22-1 et seq., Code of Alabama 1975.

Section 18. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 19. This act shall become effective on the first day of month following the expiration of 60 days after its approval by the Governor, or its otherwise becoming law.

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Jefferson County

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