Read the full stored bill text
Legislation Document
SPONSOR:
Rep. Osienski & Sen. Mantzavinos
Reps. Romer, D. Short, K. Johnson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 442
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC MONITORING SYSTEMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 21 of the Delaware Code by redesignating present § 4170A as Chapter 49 of that title and making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 4170A.
Electronic speed monitoring system [For application of this section, see 85 Del. Laws, c. 64, § 136] [Expires June 30, 2028, pursuant to 84 Del. Laws, c. 74, § 2].
[Transferred].
CHAPTER 49. ELECTRONIC TRAFFIC VIOLATION MONITORING SYSTEMS
§ 4901.
(a)
Purpose and administration.
Purpose and administration.
(1)
(a)
This
section
chapter
establishes an electronic
speed
traffic violation
monitoring system to assist the State,
counties
counties,
and municipalities in the enforcement of speed limits
and other rules of the road
under
§§ 4169 and 4170 of
this title.
(2)
(b)
The Department of Transportation,
the Department of Safety and Homeland Security, the Delaware River and Bay Authority,
or the governing body of New Castle
County
County, Kent County, Sussex County,
or any municipality, may provide by regulation or ordinance, for the establishment of a program imposing monetary liability on the owner of a motor vehicle for failure to comply with designated posted
speeds,
speeds or other traffic laws,
as monitored by an electronic
speed
traffic violation
monitoring system in accordance with this
section.
chapter.
(3)
(c)
This
section
chapter
does not apply to any authorized emergency vehicles being operated in compliance with § 4106 of this title.
(b)
Definitions.
§ 4902. Definitions.
For purposes of this
section:
chapter:
(1) “Business district” means as defined in § 101 of this title.
(2) “Electronic
speed
traffic violation
monitoring system” means a device with 1 or more motor vehicle sensors that can produce a recorded image of a motor vehicle whose speed exceeds the posted speed
limit.
limit or a recorded image of another traffic violation.
(3) “Electronic
speed
traffic violation
monitoring system operator” means an individual who has been trained and certified to operate an electronic
speed
traffic violation
monitoring system.
(4) “High intensity roadway” means a roadway, corridor, or segment of roadway that experiences sustained or recurring documented speeding or crash risks, officer safety risks, or other documented roadway safety risks as designated by the Department of Safety and Homeland Security or by a local law enforcement agency and approved by the Department of Safety and Homeland Security in consultation with appropriate state agencies.
(4)
(5)
“Owner” means the registered owner of the vehicle on record with this or any other state provided, however, that in the event that the owner is a vehicle leasing company the “owner,” for purposes of this
section,
chapter,
shall mean the person shown on the records to be the lessee of the vehicle. Vehicle rental companies are excluded from the definition of “owner.”
(5)
(6)
“Recorded image” means an image recorded by an electronic
speed
traffic violation
monitoring system and includes any of the following:
a. A photograph.
b. A microphotograph.
c. A digital image.
d. A video.
e. Any other medium used to store images or sounds.
(6)
(7)
“Residence district” means as defined in § 101 of this
title.
title or a designated school zone.
(8) “Toll facility” means a toll booth, toll plaza, or electronic toll-collection location operated by or on behalf of the State or the Delaware River and Bay Authority, and includes a facility authorized under Chapter 13 of Title 2 and Chapter 17 of Title 17.
(7)
(9)
“Work zone” means any area of roadway designated as a work zone by the Department of Transportation and in accordance with § 4105 (f)(2) of this title.
Conditions for installation and operation of electronic speed monitoring system. —
§ 4903. Conditions for installation and operation of electronic traffic violation monitoring systems.
(1)
(a)
The Department of Transportation may approve the installation and use of an electronic
speed
traffic violation
monitoring system to be installed and used to record images of a motor vehicle travelling in a work
zone,
zone
or in a residence district
in either New Castle County or a municipality,
if all of the following conditions are met:
a.
(1)
If in a residence district, unless in a designated work zone, a study, which is no more than 1 year old and approved by the Department of Transportation, documents that the eighty-fifth percentile speed on the road is 5 miles per hour or greater than the posted speed limit.
b.
(2)
If in a residence district the police agency with jurisdiction over the road has agreed to participate in the use of the system.
c.
(3)
If the road is within the boundaries of a municipality the municipality must approve the road and extent of the road eligible for electronic
speed
traffic violation
monitoring.
d.
(4)
The police agency, with jurisdiction over the road, must
notify the Department of Transportation
provide public notice in the Register of Regulations
of the intent to use the electronic
speed
traffic violation
monitoring system at least
30
60
days in advance of implementation.
e.
(5)
The
Department of Transportation and
police agency with jurisdiction must provide notice on their publicly-accessible web sites of the intended use of the electronic
speed
traffic violation
monitoring system at least 14 days prior to its implementation.
f.
(6)
At least 1 sign must be installed advising motorists that the electronic
speed
traffic violation
monitoring system is in use.
(b) The Department of Safety and Homeland Security may designate or approve a local law enforcement agency’s designation of a high intensity roadway based on any of the following documented safety risks:
(1) Speeding patterns.
(2) Crash frequency or severity.
(3) Officer safety concerns.
(4) Other documented roadway safety risks.
(2)
(c)
Once a road is approved for an electronic
speed
traffic violation
monitoring system the use of an electronic
speed
traffic violation
monitoring system will be at the discretion of the police agency with jurisdiction over the
residence district or work zone
roadway
where the system will be implemented. The police agency may consider crash data in prioritizing locations where the system is to be implemented.
(3)
(d)
The Delaware State Police shall have enforcement authority over the electronic
speed
traffic violation
monitoring system in all
high intensity roadways, DelDOT toll facilities, residence districts in unincorporated areas where a municipal police department does not exist, and
work zones.
(4)
(e)
The Department of Transportation shall develop guidelines related to the safe positioning of portable and permanent electronic
speed
traffic violation
monitoring equipment within the road right-of-way.
(d)
System vendor, calibration and operator. —
§ 4904. System vendor, calibration, and operator.
(1)
System vendor. —
(a)
The Department of Transportation
shall
must
select the system vendor to provide electronic
speed
traffic violation
monitoring systems for
the State, counties and municipalities.
use in business districts, work zones, residence districts, and toll facilities. The Department of Safety and Homeland Security must select the system vendor to provide electronic traffic violation monitoring systems for use on high intensity roadways.
The system
vendor
vendors
must be selected through an open competitive procurement process. To ensure integrity in the selection process a person involved in the administration or enforcement of the electronic
speed
traffic violation
monitoring system may not own any direct interest or equity in any selected vendor.
(2)
System calibration. —
(b)
Every electronic
speed
traffic violation
monitoring system in use on the roads in this State must undergo an annual calibration check to be performed by an independent calibration laboratory.
a.
(1)
The independent calibration laboratory must issue a signed certificate of calibration after the annual calibration
check which:
check.
1. Must
(2) The certificate of calibration must
be kept on file by the police agency within the jurisdiction where the electronic speed monitoring system is
located; and
located.
2. May
(3) The certificate of calibration may
be entered into evidence in any court proceeding for a violation of this
section.
chapter.
(3)
System operator. —
(c)
Every electronic
speed
traffic violation
monitoring system operator must complete training by the manufacturer of the electronic
speed
traffic violation
monitoring system in the procedures for setting up, testing, and operating the electronic
speed
traffic violation
monitoring system.
a.
(1)
On completion of the training, the manufacturer must issue a signed certificate to the electronic
speed
traffic violation
monitoring system operator.
b.
(2)
The certificate of training may be entered into evidence in any court proceeding for a violation of this
section.
chapter.
c.
(d)
An electronic
speed
traffic violation
monitoring system operator must fill out and sign a daily set-up log for the electronic
speed
traffic violation
monitoring system
which:
which does all of the following:
1.
(1)
States the date and time when the system was set up.
2.
(2)
States that the operator successfully performed, and the device passed, the manufacturer’s specified self-test of the system before producing a recorded image.
3.
(3)
Must be kept on file by the police agency within the jurisdiction where the electronic
speed
traffic violation
monitoring system is located.
4.
(4)
May be entered into evidence in any court proceeding for a violation of this
section.
chapter.
(e)
Violation and proof of violation. —
§ 4905. Violation and proof of violation.
(1)
(a)
For a
speeding
violation to occur, a motor vehicle must exceed the posted speed limit by 11 miles per hour or more in the residence
district
district, toll facility, high intensity roadway,
or work zone.
(2)
(b)
Proof of a violation of this
section
chapter
may be evidenced by information obtained from an electronic
speed
traffic violation
monitoring system approved under this
section.
chapter.
A certificate, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by an electronic
speed
traffic violation
monitoring system shall constitute prima facie evidence of the facts contained therein, if the certificate, or facsimile thereof, is sworn to or affirmed by an operator or a technician employed by a state agency or entity designated by a state agency for the purpose of carrying out this subsection. Any photographs, microphotographs, videotape or other recoded images evidencing a violation shall be made available for inspection in any proceeding to adjudicate liability for violation of this
section.
chapter.
(f)
Notice of violation, procedure to contest violation, and orders subject to appeal. —
§ 4906. Notice of violation, procedure to contest violation, and orders subject to appeal.
(1)
(a)
Any resident or nonresident owner or operator of any motor vehicle driven on the public streets, roads,
turnpikes
turnpikes,
or highways of this State
will be
is
deemed to have submitted to the jurisdiction of the courts in this State for purposes of this
section.
chapter.
Notwithstanding any other provision of the Code, a summons for a violation of this
section
chapter
may be executed by mailing to any resident or nonresident, by first-class mail, a copy thereof to the address of the owner of the vehicle as shown in the records of the Division of Motor Vehicles of this or any other state. Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through the mailing, by first-class mail, of a summons and subsequent court notices pursuant to this subsection. Every initial mailing
shall
must
include the following:
a.
(1)
Name and address of the owner of the vehicle.
b.
(2)
Registration number of the motor vehicle involved in the violation.
c.
(3)
Violation charges.
d.
(4)
Location where the violation occurred.
e.
(5)
Date and time of the violation.
f.
(6)
Copies of 2 or more photographs, microphotographs, or other recoded images, taken as proof of the violation.
g.
(7)
Amount of the civil penalty imposed and the date by which the civil penalty should be paid.
h.
(8)
The length of time and location for contesting liability and notice that the failure to pay the civil penalty or to contest liability, in a timely manner, is an admission of liability and may result in a judgment being entered against the summonsed person and the denial of the registration or renewal of registration of any of the owner’s vehicles.
i.
(9)
The ability to rebut the presumption under this
section
chapter
that the summonsed person was the operator of the vehicle at the time of the violation and the manner of rebutting said presumption.
(2)
(b)
A person receiving the summons pursuant to this subsection may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date of the summons. Upon receipt of a timely request for a hearing, a civil hearing shall be scheduled, and the defendant notified of the hearing date by first-class mail. A civil hearing shall be held by the Justice of the Peace Court or other court with competent jurisdiction as designated by the Department of Safety and Homeland Security or county or municipality in which the
speed
electronic traffic violation monitoring system
camera was located. There shall be no right of transfer to the Court of Common Pleas.
(3)
(c)
Any person found, by the court, to be responsible for a
speeding
traffic
violation, under this
subsection,
section,
shall have a right of appeal only in those cases in which the civil penalty exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the court’s order. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court.
(g)
Civil penalties. —
§ 4907. Civil penalties.
(1)
(a)
The owner or operator of a vehicle who has failed to comply with the posted speed
limit,
limit or other traffic laws of the State,
as evidenced by information obtained from an electronic
speed
traffic violation
monitoring system,
shall be
is
subject to a civil penalty consistent with
those established under § 4169(c) of this
that which would be assessed for the violation if otherwise cited under this
title. Assessments defined under § 4105 of this title, §§ 4101 and 9016 of Title 11 and § 8505 of Title 10,
shall
may
only be assessed for violations occurring in a
“work zone”
“work zone”, “toll facility”, or “high intensity roadway”
as defined in
subsection (b)
§ 4902
of this
section.
chapter.
(2)
(b)
Court costs, or similar administrative fees, not to exceed $35, may be imposed against an owner or operator of a motor vehicle who requests a hearing to contest a violation and is either found at fault or admits to fault at the hearing. No costs may be assessed against a prevailing party.
(3)
(c)
No additional assessments or court costs, other than those specified in this
subsection,
shall
section, may
be assessed or collected against the owner or operator of a vehicle who has violated this
section.
chapter.
(4)
(d)
Persons electing to pay by voluntary assessment
shall
must
make payments to the entity designated on the summons for payment. Such entity may be
the Department of Transportation,
the Department of Safety and Homeland Security, or the city or county in which the speed camera was located. Procedures for payment under this subsection shall be as provided by court rule or policy directive of the Justice of the Peace Court, or by regulation of the Department of Safety and Homeland Security, or by regulation, code, or ordinance of the applicable city or county, and shall be in lieu of the procedures set forth in § 709 of this title.
(5)
(e)
A violation for which a civil penalty is imposed under this
section
chapter
is not a criminal offense and
is not to
may not be
be made a part of the operating record of the person upon whom such liability is imposed.
(6)
(f)
A violation for which a civil penalty is imposed under this
section
chapter
shall
may
not be used for insurance purposes in the provision of motor vehicle insurance.
(h)
Presumption of ownership. —
§ 4908. Presumption of ownership.
(1)
(a)
The owner of any vehicle found to be in violation of this
section
chapter
shall be held prima facie responsible for such violation in the same manner as under § 7003 of this title unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption may be rebutted if the
owner:
owner does one of the following:
a.
(1)
Provides an affidavit, by regular mail, to the entity indicated on the summons that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented, or otherwise had care, custody or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the alleged violation of this
section;
chapter.
b.
(2)
Provides proof in court or to the entity handling the administrative appeal process that the owner was not the operator of the vehicle at the time of the alleged violation and identifies the operator at the time of the violation. If the owner granted multiple persons permission to use the vehicle and is unable to identify the person who was operating the vehicle at the time of the violation, the owner will remain liable for the violation.
(2)
(b)
A summons may be issued to any person identified by affidavit or evidence in court as the actual operator of the vehicle alleged to have violated the speed limit. There shall be a presumption that the person so identified was the operator; this presumption may be rebutted as described under this subsection.
(3)
(c)
Notwithstanding any other provision in this
section,
chapter,
if the motor vehicle which is documented by the electronic
speed
traffic violation
monitoring system in violation of
subsection (e)
§ 4905
of this
section
title
is commercially licensed, then the owner of that vehicle shall be sent notice of the date, time, and location of the violation with 2 photographs thereof. Within 10 days of the receipt of said notice, the owner of the vehicle shall provide the law-enforcement agency which has issued the summons with the name and address of the driver of the vehicle at the date, time, and location of the violation and, within the same time period, shall provide the driver of the vehicle with the photographs of the violation. After receipt by the law-enforcement agency which has issued the summons of the name and address of the driver of the vehicle at the time of the violation, the driver of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this
section.
chapter.
Failure of the owner of the vehicle found to be in violation of this
section
chapter
to provide the name and address of the driver, within the prescribed time period, shall cause the owner to be held responsible as set forth in this
subsection.
section.
(i)
§ 4909.
Failure to pay civil penalty.
—
(1)
(a)
If the owner or operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time or submit an affidavit stating that the owner or operator identified was not the driver, the Division of Motor Vehicles shall refuse to renew the registration of the owner’s vehicle operated at the time the summons was issued. If the owner or operator identified by the owner is found responsible at a hearing and fails to pay the fine as ordered by the court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator.
(2)
(b)
Upon receiving a record of failure to comply, a court clerk may enter a civil traffic judgement against the owner or operator in the amount of the civil penalty, costs, and any applicable additional assessment, giving credit for any amount paid. Such judgement may, upon motion, be transferred by the court to the civil docket. Any judgement so transferred may be executed and enforced or transferred in the same manner as other judgements of the court and the Division of Public Safety, or its designee, shall have authority to seek such execution, enforcement or transfer.
(j)
§ 4910.
Funding sources and use of revenue.
—
(1)
(a)
The Department of Transportation,
New Castle County,
the Department of Safety and Homeland Security, the Delaware River and Bay Authority,
and any
county or
municipality, may contract with the approved system vendor for carrying out any tasks related to the use of an electronic
speed
traffic violation
monitoring system by using any eligible funding source.
(2)
(b)
Revenue generated through the use of electronic
speed
traffic violation
monitoring systems may be used to pay costs of the system vendor, staff required to implement this
section,
chapter,
and any consultant fees for administration of the electronic speed monitoring system.
(3)
(c)
Any revenue collected above what is required for the operation of the electronic
speed
traffic violation
monitoring system, as set forth in this subsection, shall be managed by the
Office of Highway Safety
Department of Safety and Homeland Security for high intensity roadways, residence districts, and business districts, and by the Department of Transportation for work zones and toll facilities,
and may be used only for transportation safety
related
purposes under any of the following categories:
a.
(1)
Education.
b.
(2)
Enforcement.
c.
(3)
Engineering.
d.
(4)
Administrative expenses.
(5) Staffing
(6) Construction.
(k)
Annual report. —
§ 4911. Annual report.
(1)
(a)
The Department of Transportation
and the Department of Safety and Homeland Security are jointly
shall be
responsible for preparing an annual report on the electronic
speed
traffic violation
monitoring system as implemented statewide. The report shall include all of the following:
a.
(1)
Where and when the system was used.
b.
(2)
Citation data.
c.
(3)
Crash data.
d.
(4)
Readily-available speed data.
e.
(5)
Financial data including expenditures and revenues.
(2)
(b)
Police agencies
shall
must
cooperate with the Department of Transportation
and the Department of Safety and Homeland Security
regarding the collection of data necessary to prepare the annual report. In the event a police agency does not provide requested information, in a timely manner, to
the Department of Transportation,
either department,
the police agency will no longer be eligible for use of the electronic
speed
traffic violation
monitoring system.
Section 2. Amend Section 2, Chapter 74, Volume 84 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Section 2. This Act expires 5 years after its enactment into law, unless otherwise provided by a subsequent act of the General. Assembly.
SYNOPSIS
This Act creates a new chapter in Title 21 pertaining to electronic traffic violation monitoring systems, and moves the existing language from section 4170A pertaining to electronic speed monitoring systems to the new chapter. This Act also removes the sunset provision from the existing Laws of Delaware concerning the use of electronic speed monitoring systems. The Act further modifies the language to allow for the use of electronic monitoring systems for all traffic violations.