Bill Summaries: H468 (2023-2024 Session)

Tracking:
  • Summary date: Mar 23 2023 - View summary

    Authorizes the City of Greensboro (City) to establish and implement a pilot program to use electronic speed-measuring systems to detect speed limit violations in school zones. Defines electronic speed-measuring systems (systems) as a mobile or fixed device (1) consisting of an automated traffic camera and sensor and (2) capable of measuring speed and producing digital photos of vehicles violating the school zone speed limit. Sets information and photograph requirements these systems must produce per violation. Requires the City to place notice within 1,000 feet of a system. Makes violations captured by systems subject to a $250 civil penalty. Bars assigning points to the owner or driver of the vehicle and specifies that violations are noncriminal. Details notice requirements for violations detected by systems, including that the notice must be delivered by first-class mail. Deems registered owners served five days after mailing, whereby owners have 30 days to remit payment or respond before becoming subject to an additional $125 civil penalty. Allows for owners to contest responsibility within 30 days of service by providing the City with a sworn affidavit stating the name and address of the person who had physical control of the vehicle at violation, or that the vehicle was stolen or lost at the time of violation, subject to specified content requirements; failure to respond within 30 days of service waives the right to contest responsibility. Allows for persons identified by owners as those in control of the vehicle at violation to be issued a citation in the same manner as a registered owner and subject to the described penalties. Requires provision of system photos of violations to the investigating law enforcement agency for use in proceedings. Requires law enforcement to notify the City when citations or arrests are made where systems are in use; bars the City from issuing a notice of violation or imposing penalties under the act. Requires the City to establish an administrative nonjudicial hearing process to review challenges and provides for appeal of final decisions to district court, with appeal of the district court's decision to the Court of Appeals. Authorizes the City and the Greensboro Public Schools Board of Education to enter into an interlocal agreement to implement the act. Requires the City to report no later than three years from implementation on the results of the program to the specified NCGA committee chairs. Requires the SBI to report program results within one year of implementation to the specified NCGA chairs; allows inclusion of legislative proposals for program expansion. Terminates the program at the earlier of either submission of the City's report to the NCGA or three years from the date the act becomes law.