Connecticut Seal

General Assembly

 

Bill No. 41

February Session, 2008

 

LCO No. 367

 

*00367__________*

Referred to Committee on Public Safety and Security

 

Introduced by:

 

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

 

AN ACT CREATING AN AUTOMATED HIGHWAY SPEED ENFORCEMENT PILOT PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) As used in this section:

(1) "Automatic traffic safety camera system" means a device consisting substantially of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of the license plate of a vehicle that is traveling in excess of the speed limit or unreasonably fast; and

(2) "Pilot system area" means the area where the automatic traffic safety camera system is installed pursuant to subsection (b) of this section.

(b) On or before October 1, 2008, the Commissioner of Public Safety shall establish a pilot program for the installation of an automatic traffic safety camera system on Interstate 95 in the town of Old Lyme to identify violators of section 14-218a or 14-219 of the general statutes. For purposes of such pilot program, the commissioner shall arrange for signs to be posted prior to the pilot system area to advise motorists of the operation of an automatic traffic safety camera system.

(c) Whenever a violation of section 14-218a or 14-219 of the general statutes is detected and recorded by the automatic traffic safety camera system, the law enforcement agency shall, not later than fourteen days after the alleged violation, mail a summons to the registered owner of the vehicle and include with the summons a copy of the recorded image or images produced by the automatic traffic safety camera system and a sworn affidavit of the law enforcement officer issuing the summons, containing the facts supporting the summons. Said affidavit shall be prima facie evidence of the facts contained within it and shall be admissible in a proceeding charging a violation of section 14-218a or 14-219 of the general statutes. Any images produced by the automatic traffic safety camera evidencing the violation shall be available for inspection and admission into evidence in a proceeding charging a violation of section 14-218a or 14-219 of the general statutes.

(d) There shall be a presumption that the registered owner of the vehicle was the person in control of the vehicle at the time that the alleged violation occurred, in accordance with section 14-107 of the general statutes. Such presumption may be rebutted if the registered owner states, under oath, that said vehicle was, at the time of the alleged violation, stolen, or in the care, custody or control of some person other than the registered owner.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]