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SF0102 • 2020

Automated vehicle identification systems.

AN ACT relating to motor vehicles; providing for enforcement of and fines for certain traffic violations using an automated vehicle identification system; specifying exceptions; providing defenses; and providing for an effective date.

Education
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Gierau
Last action
2020-02-13
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The candidate explanation included a claim about fines not counting towards license suspensions, which is supported by the bill text but was removed because it does not align with the current status of the bill being inactive and withdrawn.

Automated Vehicle Identification Systems

The bill proposes to allow state and local authorities to use automated systems to detect traffic violations in school and construction zones, with fines issued based on recorded evidence.

What This Bill Does

  • Defines an 'automated vehicle identification system' as a device that can automatically detect traffic violations, take photos of vehicles and license plates, and record evidence for enforcement purposes.
  • Allows the state or local authorities to use these systems to enforce speed limits, size or weight restrictions, and other safety rules in school and construction zones.
  • Makes recorded evidence from automated systems admissible in court for determining liability of a violation.

Who It Names or Affects

  • Drivers who violate traffic laws can be fined through the use of an automated vehicle identification system.
  • Vehicle owners may receive fines if they cannot prove someone else was driving their car when a violation occurred.

Terms To Know

Automated Vehicle Identification System
A device that detects traffic violations, takes photos of vehicles and license plates, and records evidence for enforcement purposes.

Limits and Unknowns

  • The bill was withdrawn by the sponsor on February 13, 2020, so it did not become law.
  • It is unclear how many people would be affected since the bill never became active legislation.

Bill History

  1. 2020-02-13 Senate

    S Withdrawn by Sponsor

  2. 2020-02-11 Senate

    S Received for Introduction

  3. 2020-02-10 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
20LSO-0286
2020
STATE OF WYOMING
20LSO-0286
Numbered
2.0

SENATE FILE NO. SF0102

Automated vehicle identification systems.

Sponsored by: Senator(s) Gierau and Representative(s) Roscoe, Schwartz and Yin

A BILL

for

AN ACT relating to motor vehicles; providing for enforcement of and fines for certain traffic violations using an automated vehicle identification system; specifying exceptions; providing defenses; 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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102(a) by creating a new paragraph (lxix), 31
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5
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1203, 31
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18
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801(a) by creating a new paragraph (xl) and 31
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18
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805 by creating a new subsection (f) are amended to read:

31
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5
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102.

Definitions.

(a)

Except as otherwise provided, as used in this act:

(lxix)

"Automated vehicle identification system" means a system incorporating all of the following but does not include a video system equipped on a school bus under W.S. 21-3-131(b)(x):

(A)

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

(B)

A penalty assessment notice or summons and complaint may be issued to the registered owner of the vehicle identified in subparagraph (A) of this paragraph;

(C)

There is posted appropriate signage in a conspicuous place not fewer than three hundred (300) feet
before the area in which the automated vehicle identification device is to be used notifying the traveling public that an automated vehicle identification device is in use immediately ahead.

31
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5
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1203.

Unlawful acts by persons owning or controlling vehicles; automated vehicle identification system.

(a)

It is unlawful for the owner or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law.

(b)

The department or local authority may employ an automated vehicle identification system to detect a speed limit violation, size or weight limit violation or other violation that jeopardizes the safety and welfare of the traveling public or highway authorities, contractors or employees in a school or construction zone. A recording of the violation, images and data produced by the automated vehicle identification system shall be prima facie evidence
of the facts contained in it and shall be admissible in a judicial or administrative proceeding to adjudicate liability for the violation. If the identity of the driver of a vehicle against whom a violation is recorded under this subsection is unknown, the registered owner of the vehicle recorded by the automated vehicle identification system shall be fined an amount not to exceed the statutory maximum amount plus assessed fees and costs for the violation provided that:

(i)

A fine issued to a registered owner of a vehicle under this subsection shall not be considered a moving violation for the purpose of suspending a driver's license under W.S. 31‑7‑129 and shall not be considered a conviction under W.S. 31‑5‑1201 or as a prior conviction for any other purpose; and

(ii)

It shall be a defense to enforcement of a fine issued under this subsection that the registered owner of the vehicle:

(A)

Did not provide express or implied consent to the person who was operating the vehicle at the time of the violation; or

(B)

Transferred ownership of the vehicle to a new owner before the recorded violation.

31
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18
‑
801.

Definitions.

(a)

As used in this article:

(xl)

"Automated vehicle identification system" means as defined in W.S.

31
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5
‑
102(a)(lxix).

31
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18
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805.

Penalties for violations; permit where vehicle or load cannot be dismantled; enforcement; fines; automated vehicle identification system.

(f)

The department or local authority may employ an automated vehicle identification system to detect a violation of this article. A recording of the violation, images and data produced by the automated vehicle
identification system shall be prima facie evidence of the facts contained in it and shall be admissible in a judicial or administrative proceeding to adjudicate liability for the violation. If the identity of the driver of a vehicle against whom a violation is recorded under this subsection is unknown, the registered owner of the vehicle recorded by the automated vehicle identification system shall be fined an amount not to exceed the statutory maximum amount plus assessed fees and costs for the violation provided that:

(i)

A fine issued to a registered owner of a vehicle under this subsection shall not be considered a moving violation for the purpose of suspending a driver's license under W.S. 31‑7‑129 and shall not be considered a conviction under W.S. 31‑5‑1201 or as a prior conviction for any other purpose; and

(ii)

It shall be a defense to enforcement of a fine issued under this subsection that the registered owner of the vehicle:

(A)

Did not provide express or implied consent to the person who was operating the vehicle at the time of the violation; or

(B)

Transferred ownership of the vehicle to a new owner before the recorded violation.

Section 2
.

This act is effective July 1, 2020
.

(END)

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SF0102