Photo radar.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0370.E1

HOUSE BILL
NO.
HB0203

Photo radar.

Sponsored by:
Representative(s) Cohee and Senator(s) Fecht

A BILL

for

AN ACT relating to automated vehicle identification systems; providing for issuance of penalty assessments through automated vehicle identification systems; providing for a hearing; providing fines; providing conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 31
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5
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1215 is created to read:

31
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5
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1215.

Automated vehicle identification systems.

(a)

The state, a county or a city or town, through its law enforcement agency may use an automated vehicle identification system to detect violations of traffic regulations adopted by the state, county, city or town subject to the following conditions and limitations:

(i)

If the law enforcement agency detects any alleged violation of a traffic regulation through the use of an automated vehicle identification system, the agency shall serve a penalty assessment notice for the alleged violation on the registered owner of the vehicle no later than ninety (90) days after the alleged violation occurred;

(ii)

Notwithstanding any other provision of Wyoming statutes, the agency shall not report to the department of motor vehicles any penalty assessment or judgment for violation of a traffic regulation under this section if the violation was detected solely through use of an automated vehicle identification system;

(iii)

The agency shall not report to the department of motor vehicles any outstanding penalty assessment or judgment under this section based upon any violation or alleged violation of a traffic regulation detected solely through the use of an automated vehicle identification system;

(iv)

If the registered owner of a vehicle asserts that he is not the driver of the vehicle, the agency may require the owner to disclose the identity of a driver of the vehicle who is detected through the use of an automated vehicle identification system;

(v)

The department of motor vehicles shall not keep a record of a penalty assessment or judgment under this section for a violation of a traffic regulation if the violation was detected solely through the use of an automated vehicle identification system;

(vi)

If the agency detects a speeding violation of less than ten (10) miles per hour over the posted speed limit solely through the use of an automated vehicle identification system and the violation is the first violation detected for that vehicle using an automated vehicle identification system, the agency may mail the driver a warning regarding the violation and the agency shall not impose any penalty or surcharge for the violation;

(vii)

Except as provided in paragraph (viii) of this subsection, if the agency detects a second or subsequent speeding violation by a vehicle, or a first violation of any other traffic regulation solely through the use of an automated vehicle identification system, the maximum penalty the agency may impose for the violation, including any surcharge, is four hundred dollars ($400.00), unless the violation occurs within a school zone or construction zone, in which case the maximum penalty shall be double the penalty imposed if the violation did not occur in a school zone or construction zone;

(viii)

If the agency detects a violation of W.S. 31
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402 through 31
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405, or any similar local law, solely through the use of an automated traffic control system, the maximum penalty the agency may impose for the violation, including any surcharge, is two hundred fifty dollars ($250.00);

(ix)

If a driver fails to pay a penalty imposed for a violation detected solely using an automated vehicle identification system, the agency may issue a summons and complaint requiring the driver to appear for a hearing as provided in paragraph (xi) of this subsection. If a summons and complaint for a violation detected solely using an automated vehicle identification system is personally served, the agency may only charge the actual costs of service of process. Service shall be perfected by mailing a summons to the address listed in the vehicle's registration. If service in this manner is unsuccessful, personal service may be attempted, but in no case shall an arrest warrant issue for a violation detected solely by an automated vehicle identification system;

(x)

A penalty notice issued under this section shall inform the recipient of the right to contest the issuance of the notice and that they may request, within ten (10) days of receiving notice, a hearing in the municipal or circuit court for the jurisdiction. No penalty shall be assessed unless the driver of the vehicle can be clearly identified;

(xi)

Any violation detected solely by an automated vehicle identification system shall be deemed administrative in nature and not a criminal act. Hearings under this section shall be conducted by the court in accordance with the local court
rules
. The burden of proving all elements of the violation, including identity and service of process shall be on the agency utilizing the automated vehicle identification system and shall be proven beyond a reasonable doubt.

(b)

As used in this section, the term "automated vehicle identification system" means a system whereby:

(i)

A machine is used to automatically detect a violation of a traffic regulation and simultaneously records a photograph of the vehicle, the operator of the vehicle and the license plate of the vehicle; and

(ii)

A penalty assessment notice is issued to the registered owner of the vehicle.

Section 2.

W.S. 31
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109(a) by creating a new paragraph (xxi), 31
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1201(a), 31
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1205(j), 31
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1211(a) and 31
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1214(a) are amended to read:

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109.

General powers of local authorities.

(a)

This act does not prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

(xxi)

Enforcing traffic violations within its jurisdiction through the use of an automated vehicle identification system as provided in W.S. 31
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1215.

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1201.

Violation of provisions to constitute misdemeanor; penalties.

(a)

Except as provided in W.S. 31
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1215, i
t is a misdemeanor for any person to violate any of the provisions of this act or rules and regulations authorized under this act unless the violation is by this act or other law of this state declared to be a felony.

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1205.

Traffic citations; notice to appear in court; release upon written promise to appear; procedure before judge or court; arrest for driving under the influence.

(j)

The procedure prescribed by this section is not exclusive to this act, but is applicable in all proceedings arising out of an alleged violation of a statute, ordinance or regulation relating to operation or use of any vehicle or to use of the highways
, except as provided in W.S. 31
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1215
.

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1211.

Disposition and records of traffic citations.

(a)

Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.
As used in this section, "citation" does not include a penalty assessment as provided in W.S. 31-5-1215.

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1214.

Record of traffic cases; reports of convictions.

(a)

Every judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation or other legal form of traffic charge deposited with or presented to the court and shall keep a record of every official action by the court in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint or citation deposited with or presented to the court.
As used in this section, "traffic complaint, citation or legal charge" does not include a penalty assessment as provided in W.S. 31
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1215.

Section 3.

This act is effective July 1, 2007.

(END)

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HB0203