HB 1209 -- Automated Traffic Control Signals

Sponsor:  Davis

This bill allows various political entities to establish
automated red-light enforcement systems to detect red-light
signal violations.

Prior to activation of the system, the roadway must be clearly
marked with a white stripe indicating the stop line and the
perimeter of the intersection.  The entity must also install
warning signs within 500 feet of the white stripe indicating the
stop line.  Prior to installing the automated enforcement system,
the entity must give notice of the intersection where the system
will be located and the date on which the system will begin to
monitor the intersection.  The entity must give the notice at
least 30 days prior to the installation of the system in a
newspaper of general circulation throughout the area served by
the entity.

Before a notice of violation may be issued, all images produced
by a system must be reviewed and approved by a law enforcement
officer employed by the entity in which the alleged violation
occurred.  Based on the inspection of recorded images, a signed
notice of violation or a copy of the notice alleging that the
violation occurred will be evidence of the facts and will be
admissible in any proceeding.

The bill requires the notice of violation to contain a copy of
two recorded images, a zoomed and cropped image of the vehicle's
license plate, the vehicle owner's name and address, the
registration number of the motor vehicle, and information
regarding how the registered owner can review the video and
recorded images that captured the alleged violation.  Any issued
notice of violation must be mailed no later than three business
days after the violation was recorded by the automated system.
Any recorded image of the violation cannot include an image of
the driver's face.

The civil penalties and court costs imposed for a violation
cannot exceed an amount that would have been imposed if the
violation had been detected by a law enforcement officer present
when the violation occurred.  A person who commits a steady
red-light violation will be guilty of an infraction with no
points being assessed against his or her driver's license.

All revenue generated from fines collected from automated
red-light enforcement systems will be used for driver's education
programs located within the county, city, town, or municipality
where the violation occurred.

A person charged with committing a red-light violation may rebut
the violation by filing an affidavit with the court or by
testifying in open court under oath that he or she was not the
operator of the vehicle at the time of the alleged violation.
The presumption may also be rebutted if a certified copy of a
police report is presented showing that the vehicle had been
reported stolen prior to the time of the alleged violation.

Any photographic and recorded evidence must be maintained by the
appropriate agency for a period of at least three years and is
not subject to disclosure under the Open Meetings Law, commonly
known as the Sunshine Law.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am