AN ACT AUTHORIZING THE CITY OF NEW HAVEN TO CONDUCT A PILOT PROGRAM FOR THE USE OF AUTOMATED TRAFFIC CONTROL SIGNAL ENFORCEMENT DEVICES AT CERTAIN INTERSECTIONS.

AN ACT AUTHORIZING THE CITY OF NEW HAVEN TO CONDUCT A PILOT PROGRAM FOR THE USE OF AUTOMATED TRAFFIC CONTROL SIGNAL ENFORCEMENT DEVICES AT CERTAIN INTERSECTIONS.

This bill establishes a two-year pilot program for New Haven to implement and evaluate the use of automated image-based enforcement of traffic light violations at up to 12 signalized intersections in the city. It establishes (1) procedures for locally adjudicating any citations issued and (2) a fine of up to $ 100 for red light violations prosecuted through the pilot program. New Haven is authorized to retain one-half of the fine and must remit the other half to the state treasurer for deposit in the Special Transportation Fund. A sworn police officer must review any recorded images produced under the program before any citation may be issued. The bill requires New Haven to bear all the program's costs.

Both the mayor and the board of aldermen must authorize the pilot program. The city must prepare a detailed program plan that must be submitted to the Department of Public Safety (DPS) for review, comments, and recommendations. The public safety commissioner has 30 days to approve the plan. When approved, the city must provide a copy of the plan and approval to the Department of Transportation (DOT) and must report the locations of the automated enforcement intersections to the State Traffic Commission (STC).

After two years, New Haven must evaluate the pilot program in several specific respects and submit a report to the General Assembly no later than June 30, 2012.

The bill prohibits a violation handled as part of the pilot program from being (1) considered an infraction or violation under state law, (2) processed by the Centralized Infractions Bureau, (3) considered a moving traffic violation, (4) reported to the Department of Motor Vehicles (DMV) for inclusion in a driving record, or (5) eligible for driver's license point assessment.

The bill defines an “automated traffic control signal enforcement device” as a device that (1) automatically records the image of the license plate of a motor vehicle entering an intersection in violation of a traffic control signal and (2) shows on the recorded image the date, time, and location of the violation and the traffic control signal. For purposes limited only to the duration of the pilot program, the bill specifies that whenever a traffic signal violation is detected by the automated equipment, the vehicle's registration number must be considered prima facie evidence that the vehicle's owner was its operator at the time the violation occurred. However, in the case of a leased or rented motor vehicle, the presumption must be that the lessee was the operator.

After the pilot program has been authorized by the mayor and Board of Aldermen, and before it can commence, New Haven must prepare a detailed plan of operation that must include the (1) program's objectives, (2) intersections where automated enforcement will be used, and (3) methods and criteria that will be used to evaluate the program's results and success in achieving its objectives. The plan must be submitted to DPS for review, comments, and recommendations; and within 30 days, the public safety commissioner must issue an official letter of approval to the city. New Haven must conduct the program in accordance with the approved plan. Once approved, New Haven must send a copy of the plan and approval letter to the DOT and report the locations of the intersections with automated enforcement to the STC.

The automated enforcement devices used in the program may be (1) activated and record images only upon detecting the approach of a motor vehicle and a probable violation and (2) used only at an intersection where the duration of the yellow signal on the traffic light is at least the duration recommended in STC regulations.

A sworn police officer must review violations recorded by the automated devices. If after review, the officer finds probable cause that a violation occurred, the officer must issue a citation and has five days after the alleged violation to mail it to the registered owner of the vehicle along with copies of any images that were produced. Citations may only be issued if a sign notifying drivers that automated enforcement is in use was posted on the street at least 30 days before the device is put into use.

The bill requires New Haven to adopt an ordinance establishing a hearing procedure for violations under the pilot program. It also requires New Haven's mayor to appoint one or more hearing officers who cannot be police officers or anyone else who works for the police department.

The bill gives New Haven up to 12 months after the expiration of the final period for the uncontested payment of fines, penalties, fees, and costs associated with violations detected and recorded under the program to notify the vehicle owner or lessee. The notice must be sent by first class mail to the address of the registered owner or lessee of the vehicle according to records of DMV or the lessor. The notice must inform the alleged violator:

1. of the allegations against him or her and the fines, penalties, costs, or fees due;

2. that the person has the right to contest the charges before a hearing officer by delivering written notice by mail or in person within 10 days of the date of the notice;

3. that if the person does not demand a hearing, an assessment and judgment must enter against him; and

4. that the judgment may issue without further notice.

If the person wishes to admit liability for the violation without requesting a hearing, the bill permits payment of the fine and any other amounts due, either in person or by mail, to an official the city designates. The payment is inadmissible in any civil or criminal proceeding to establish the person's conduct or any other person making the payment. If the person does not deliver or mail the written demand for a hearing within the 10-day period, he or she is deemed to have admitted liability and the person designated by the city must certify the failure to respond to the hearing officer. The hearing officer must enter and assess the fine and any other charges and proceed.

Anyone requesting a hearing must be given written notice of its date, time, and place. The hearing must be held between 15 and 30 days after the mailing date of the notice, except the hearing officer may grant a reasonable request for postponement or continuance for good cause. The city must file and retain an original or certified copy of the initial violation notice and it is deemed a business record under state law and considered evidence of the facts it contains.

The alleged violator may present evidence at the hearing on his or her own behalf and the police officer who issued the citation must be present at the hearing if the alleged violator requests it. A designated city official, other than the hearing officer, may present evidence on the city's behalf. If the person fails to appear for the hearing, the hearing officer may enter an assessment of default upon a finding of proper notice and liability under the ordinance.

The bill permits the hearing officer to accept from the alleged violator copies of police reports, DMV documents, and other official documents by mail and may determine through them that the person's appearance is unnecessary. The hearing officer must conduct the hearing in the order and form, and with methods of proof, the officer deems fair and reasonable. Rules on admissibility of evidence must not be applied strictly, but all testimony must be given under oath or affirmation. The officer must announce a decision at the hearing's end. If the officer finds the person is not liable for the violation, the officer must dismiss the case and enter a written determination accordingly. If the officer finds the person liable for the violation, the officer must assess the fine and any other charges applicable under the ordinance.

If the assessment is not paid when the decision is entered, the hearing officer must send an assessment notice to the person by first class mail and file a certified copy with the clerk of a Superior Court designated by the chief court administrator with an $ 8 entry fee. The court filing must occur not less than 30 days or more than 12 months after the assessment mailing. The certified copy constitutes a record of assessment. Multiple assessments against the same person within a 12-month period may be accrued and filed together as one record of assessment. The bill requires the court clerk to enter judgment against the person in favor of the city in the amount of the record of assessment and court costs of $ 8. Notwithstanding any other state laws, the hearing officer's assessment, when entered as a judgment, has the effect of a civil money judgment and a levy of execution on the judgment may issue without further notice to the violator.

The person against whom the assessment has been entered may appeal to the Superior Court within 30 days after the mailing of the assessment notice. The appeal may be made by filing a petition to reopen the assessment together with an entry fee equal to the amount required under state law for a small claims case. The chief court administrator must designate the court to hear appeals. The person is entitled to a hearing in accordance with the court rules.

New Haven must submit a report to the Transportation Committee on the conduct and results of the pilot program by June 30, 2012. The report must compare and analyze:

1. the number of violations that occurred at the intersections where the automated enforcement system was used both before and during the period of the program;

2. the number and type of related traffic violations and accidents that occurred at those intersections both before and during the period of the program; and

3. the number of traffic light violations, related violations, and accidents that occurred at intersections where automated enforcement devices were used and at similar intersections where they were not used.

The report must also describe (a) situations in which the camera results could not be or were not used; (b) the number of leased, out-of-state, or other vehicles, including trucks, where enforcement efforts were unsuccessful; (c) the revenue from fines retained by the city; (d) the cost to the city of the pilot program; and (e) any other data or comparisons the city deems of interest or importance.

OLR does not analyze most special acts. But this bill, which would become a special act if enacted, is analyzed because of the significant interest in the issue of automated traffic enforcement during this legislative session and the complex and unusual nature of the legislation.

State Traffic Commission regulations governing traffic light cycles specify that the yellow change interval of a traffic signal should be in the range of three to six seconds (Conn. Agencies Regs. § 14-298-713).

Yea

Nay

(03/09/2009)