55-8-198 - Citations based on surveillance cameras.
55-8-198. Citations based on surveillance cameras.
(a) A traffic citation that is based solely upon evidence obtained from a surveillance camera that has been installed to enforce or monitor traffic violations shall be considered a nonmoving traffic violation.
(b) An employee of the applicable law enforcement office shall review video evidence from a traffic light signal monitoring system and make a determination as to whether a violation has occurred. If a determination is made that a violation has occurred, a notice of violation or a citation shall be sent by first class mail to the registered owner of the vehicle that was captured by the traffic light signal monitoring system. A notice of violation or citation shall allow for payment of the traffic violation or citation within thirty (30) days of the mailing of the notice. No additional penalty or other costs shall be assessed for nonpayment of a traffic violation or citation that is based solely on evidence obtained from a surveillance camera installed to enforce or monitor traffic violations, unless a second notice is sent by first class mail to the registered owner of the motor vehicle and the second notice provides for an additional thirty (30) days for payment of the violation or citation.
(c) (1) Effective July 1, 2009, a state agency or political subdivision of the state that installs, owns, operates or maintains a traffic-control signal light located in an intersection that employs a surveillance camera for the enforcement or monitoring of traffic violations shall ensure that:
(A) The surveillance camera does not identify as a violation of § 55-8-110(a)(3), or any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of § 55-8-110(a)(3), any vehicle that legally entered the intersection during the green or yellow intervals in accordance with § 55-8-110(a)(1) and (2); and
(B) Appropriate signage is located not less than five hundred feet (500¢) but not more than one thousand feet (1,000¢) in advance of the intersection informing drivers as to the presence of surveillance cameras at the approaching intersection.
(2) If the state agency or political division of the state violates subdivision (c)(1), then any traffic citation based solely on evidence generated by the surveillance camera shall be deemed to be invalid.
(d) The following vehicles are exempt from receiving a notice of violation:
(1) Emergency vehicles with active emergency lights;
(2) Vehicles moving through the intersection to avoid or clear the way for a marked emergency vehicle;
(3) Vehicles under police escort; and
(4) Vehicles in a funeral procession.
(e) (1) Except as otherwise provided in this subsection (e), the registered owner of the motor vehicle shall be responsible for payment of any notice of violation or citation issued as the result of a traffic light monitoring system.
(2) An owner of a vehicle shall not be responsible for the violation if, on or before the designated court date, the owner furnishes the court an affidavit stating the name and address of the person or entity that leased, rented or otherwise had care, custody or control of the motor vehicle at the time of the violation.
(3) If a motor vehicle or its plates were stolen at the time of the alleged violation, the registered owner must provide an affidavit denying the owner was an operator and provide a certified copy of the police report reflecting such theft.
(4) An affidavit alleging theft of a motor vehicle or its plates must be provided by the registered owner of a vehicle receiving a notice of violation within thirty (30) days of the mailing date of the notice of violation.
(f) No surveillance cameras shall be permitted on federal interstate highways except for Smart Way cameras, other intelligent transportation system cameras or, when employees of the department or construction workers are present, surveillance cameras used to enforce or monitor traffic violations within work zones designated by the department of transportation; provided, that the cameras shall be operated only by a state entity.
[Acts 2008, ch. 962, § 1; 2009, ch. 389, §§ 1, 2.]