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H. 5195
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\swb\6029cm04.doc
Companion/Similar bill(s): 794
Introduced in the House on April 29, 2004
Currently residing in the House Committee on Judiciary
Summary: Traffic control signal monitoring systems
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/29/2004 House Introduced and read first time HJ-5 4/29/2004 House Referred to Committee on Judiciary HJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5 of Title 56 is amended by adding:
"Section 56-5-830. (A) This section shall be known and may be cited as the South Carolina Red Light Running Act of 2004.
(B) It is hereby found and declared as follows:
(1) the frequency of red light running within the State of South Carolina continues to increase as the number of vehicles on our roads increases;
(2) an automated red light camera program will assist state and local governments by reducing the necessity for conducting extensive conventional traffic enforcement at heavily traveled high-risk intersections; and
(3) based on results of similar programs, the adoption of an automated red light camera program will result in a significant reduction in the number of red light violations and accidents within the State of South Carolina.
(C) For purposes of this section:
(1) 'Agency' means both the state or law enforcement agency primarily responsible for a traffic control signal operated and maintained at an intersection under its control, and the political subdivision, or law enforcement agency of the political subdivision that is authorized to issue citations for a violation of the South Carolina law or of local traffic laws or regulations.
(2) 'Owner' means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more. Owner does not include a motor vehicle rental or leasing company.
(3) 'Recorded images' means images recorded by a traffic control signal monitoring system shown on one or more of the following:
(a) two or more photographs;
(b) two or more microphotographs;
(c) two or more electronic images;
(d) digital video; or
(e) any other medium.
Recorded images must show the front and rear of a motor vehicle and, on at least one image or digital video frame, clearly identify the registration plate number of the motor vehicle and provide full evidentiary documentation, including a sequence of the front of the offending vehicle approaching the intersection.
(4) 'Traffic control signal monitoring system' means a device with one or more above ground motor vehicle sensors working in conjunction with a traffic signal to produce recorded images of motor vehicles entering an intersection against a red signal indication. The traffic control signal monitoring system must incorporate both a method of predicting motor vehicles entering an intersection against a red signal indication and a method of monitoring and reporting any change in the duration of the yellow phase at an enforced intersection.
(D) This article applies to a violation at an intersection monitored by a traffic control signal monitoring system.
(E) Local governments may adopt ordinances for the civil enforcement of Section 56-5-710 by means of a traffic control signal monitoring system, as described in subsection (C)(4) of this section. Notwithstanding another provision of law, all ordinances adopted by a local governing body pursuant to this section shall comport with the provisions contained in this section.
(F) A violation detected solely by a traffic control signal monitoring system is a noncriminal violation for which a civil penalty must be assessed. No court costs, assessments, or surcharges may be assessed against the owner or driver of the vehicle, and no points authorized by Section 56-1-720 may be assigned to the owner or driver of the vehicle. A civil penalty under this chapter may not exceed one hundred dollars.
(G) Subject to the provisions of this section:
(1) An agency shall mail to the owner liable under this section a citation, which shall include:
(a) the name and address of the registered owner of the vehicle;
(b) the registration number of the motor vehicle involved in the violation;
(c) the violation charged;
(d) the location of the intersection;
(e) the date and time of the violation;
(f) a copy of the recorded images;
(g) the amount of the civil penalty imposed, and the date by which the civil penalty should be paid;
(h) a signed statement by a technician employed by the agency that states in pertinent part that based upon the technician's inspection of recorded images, the motor vehicle was being operated in violation of state or local traffic laws;
(i) a statement that recorded images are evidence of a violation of this section; and
(j) information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested, and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability, and may result in the refusal to register or reregister the motor vehicle, or the suspension of the motor vehicle registration.
(2) A citation issued under this section must be mailed no later than two weeks after the alleged violation.
(3) An agency may not mail a citation to a person who is not a motor vehicle owner under Section 56-5-830(C)(2).
(4) A person who receives a citation under Section 56-5-380(G)(1) may pay the civil penalty, in accordance with the instructions on the citation, to the political subdivision or to the court, or elect to stand trial for the alleged violation.
(H) Adjudication of liability must be based on a preponderance of evidence. A certificate, sworn to or affirmed by a duly authorized agent of the agency that states, based upon an inspection of recorded images produced by a traffic control monitoring system, a violation of the traffic laws occurred, is evidence of the facts contained in it and is admissible in any proceeding alleging a violation under this section.
(I)(1) The municipal court may consider any of the following in defense of a violation:
(a) the driver of the vehicle passed through the intersection in violation of this chapter in order to yield the right-of-way to an emergency vehicle, or as part of a funeral procession;
(b) the motor vehicle or license plate of the motor vehicle was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation;
(c) at the time and place of the alleged violation the traffic control signal was not in proper position and able to be seen by an ordinary observant individual;
(d) subject to item (3), evidence that the person named in the citation was not operating the vehicle at the time of the violation; or
(e) any other issues and evidence that the municipal court considers relevant.
(2) In order to demonstrate that the motor vehicle or license plate was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report concerning the stolen motor vehicle or license plate was filed in a timely manner before the alleged violation.
(3) To satisfy the evidentiary burden under subitem (I)(1)(d), the person named in the citation must provide to the municipal court a letter sworn to or affirmed by the person and sent by certified mail, return receipt requested, that states that the person named in the citation was not operating the vehicle at the time of the violation. The affidavit also must provide the name, address, and driver's license identification number of the person who was operating the vehicle at the time of the violation.
(4) If the municipal court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence identifying the person driving the vehicle at the time of the violation, the clerk shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation. Upon receipt of substantiating evidence from the municipal court, an agency may issue a citation as provided in item (G)(1) to the person that the evidence indicates was operating the vehicle at the time of the violation.
The citation must be mailed no later than two weeks after receipt of the evidence from the municipal court.
(J) If the civil penalty is not paid and the violation is not contested, the agency shall forward in writing to the Department of Motor Vehicles the information contained in item (G)(1) of this section, along with a statement that the owner of the motor vehicle involved in the violation has not paid the penalty, or that the owner failed to contest the citation, or both. Upon receipt of this information, the Department of Motor Vehicles shall suspend the vehicle's current registration and shall not register or reregister the motor vehicle until it receives written notification from the agency that the owner has paid the penalty, or has otherwise resolved the payment of the citation with the agency.
(K) A violation of this section is not a moving violation and may not be recorded by the administration on the driving record of the owner or driver of the vehicle. The violation must be treated as a parking violation for purposes of this section and may not be considered in the provision of motor vehicle insurance coverage."
SECTION 2. Section 14-25-45 of the 1976 Code is amended to read:
"Section 14-25-45. Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to limits imposed on municipal courts. The court shall have no jurisdiction in civil matters. However, the court has jurisdiction over noncriminal violations contained in Section 56-5-830."
SECTION 3. Section 56-5-710 of the 1976 Code is amended by adding at the end:
"(12) adopting ordinances to use traffic control photographic systems for the civil enforcement of traffic laws pursuant to Section 56-5-830."
SECTION 4. This act takes effect upon approval by the Governor and applies to all violations detected by a traffic control signal monitoring system committed on or after that date.
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