Sec. 13a-262. Pilot program re work zone speed control systems in highway work zone.
Sec. 13a-264. Review of recorded images. Notice of violation. Defenses.
Sec. 13a-265. Information to Department of Transportation and vendor.
Sec. 13a-267. Personally identifiable information.
Sec. 13a-261. Definitions. For the purposes of this section and sections 13a-262 to 13a-268, inclusive:
(1) “Department” means the Department of Transportation.
(2) “Limited access state highway” means any state highway so designated under the provisions of section 13b-27.
(3) “Owner” means a person in whose name a motor vehicle is registered under the provision of chapter 246 or law of another jurisdiction.
(4) “Personally identifiable information” means information created or maintained by the department or a vendor that identifies or describes an owner and includes, but need not be limited to, the owner's address, telephone number, number plate, photograph, bank account information, credit card number, debit card number or the date, time, location or direction of travel on a limited access highway.
(5) “Vendor” means a person selected by the department (A) to provide services to the department described in sections 13a-262 to 13a-268, inclusive; (B) who operates, maintains, leases or licenses a work zone speed control system; or (C) is authorized to review and assemble the recorded images captured by the work zone speed control system.
(6) “Highway work zone” has the same meaning as provided in section 14-212d.
(7) “Work zone speed control system” means a device having one or more motor vehicle sensors connected to a camera system capable of producing recorded images that indicate the date, time and location of the image of each motor vehicle allegedly operating in violation of the provisions of section 13a-263.
(8) “Work zone speed control system operator” means a person who is trained and certified to operate a work zone speed control system.
(9) “Driver” and “number plate” have the same meanings as provided in section 14-1.
(June Sp. Sess. P.A. 21-2, S. 296.)
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Sec. 13a-262. Pilot program re work zone speed control systems in highway work zone. (a) The department may establish a pilot program to operate work zone speed control systems in a highway work zone. The pilot program shall provide for such systems at not more than three locations in the state at any one time. A work zone speed control system may be used to record the images of motor vehicles traveling on a limited access highway (1) within a highway work zone, and (2) on which the speed limit, established using generally accepted traffic engineering practices, is forty-five miles per hour or greater. The pilot program shall commence on or before January 1, 2022, and terminate on December 31, 2023.
(b) A work zone speed control system may be used provided (1) such system is operated by a work zone speed control system operator, (2) if, in accordance with the manual of uniform traffic control devices as approved and revised by the Office of State Traffic Administration, at least two conspicuous road signs are placed at a reasonable distance in advance of a highway work zone notifying drivers that a work zone speed control system may be in operation, (3) at least one of the signs described in subdivision (2) of this subsection indicates that the work zone speed control system is operational or is not operational, (4) an appropriate sign is conspicuously placed at the end of a highway work zone with a work zone speed control system that is operational, and (5) a notice identifying the location of a work zone speed control system is available on the Internet web site of the department.
(c) A work zone speed control system shall be used in a manner to only record images of motor vehicles that are exceeding the posted highway work zone speed limit by fifteen miles per hour or more in violation of the provisions of section 13a-263. Any recorded images collected as part of a work zone speed control system shall not be used for any surveillance purpose. The department or work zone speed control system operator shall certify to the Division of State Police when a work zone speed control system is operational.
(d) The Commissioner of Transportation may (1) enter into agreements with vendors for the design, operation or maintenance, or any combination thereof, of work zone speed control systems, and (2) retain and employ consultants and assistants on a contract or other basis for rendering legal, financial, professional, technical or other assistance and advice necessary for the design, operation and maintenance of work zone speed control systems. If a vendor provides, deploys or operates a work zone control system, the vendor's fee may not be contingent on the number of violations issued or fines paid pursuant to the provisions of section 13a-263.
(June Sp. Sess. P.A. 21-2, S. 297.)
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Sec. 13a-263. Exceeding speed limit in highway work zone detected by work zone speed control system. Penalty. (a) No person operating a motor vehicle shall exceed the posted speed limit by fifteen or more miles per hour, as detected by a work zone speed control system, within a highway work zone where a work zone speed control system is operational.
(b) The owner of a motor vehicle identified by a work zone speed camera control system as violating the provisions of subsection (a) of this section shall, (1) for a first violation, receive a written warning, (2) for a second violation, be fined seventy-five dollars, (3) for a subsequent violation, be fined one hundred fifty dollars. The owner shall be liable for any such fine imposed unless the driver of the motor vehicle received a citation from a law enforcement officer at the time of the violation.
(c) All amounts received in respect to the violation of subsection (a) of this section shall be deposited into the Special Transportation Fund, established pursuant to section 13b-68 and maintained pursuant to article thirty-second of the amendments to the Constitution of the state.
(June Sp. Sess. P.A. 21-2, S. 298.)
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Sec. 13a-264. Review of recorded images. Notice of violation. Defenses. (a)(1) Whenever a work zone speed control system detects and produces recorded images of a motor vehicle allegedly committing a violation of section 13a-263, a sworn member or authorized member of the Division of State Police within the Department of Emergency Services and Public Protection shall review the recorded images provided by such system. If, after such review, such member determines that there are reasonable grounds to believe that a violation has occurred, such member may issue a notice of violation for the alleged violation. Such notice of violation shall be sworn or affirmed by such member and shall be prima facie evidence of the facts contained in the notice. Such notice of violation shall include written verification that the work zone speed control system was operating correctly at the time of the alleged violation and specify the date of the most recent inspection that confirms the work zone speed control system to be operating properly.
(2) A work zone speed control system operator shall complete training offered by the manufacturer of such system, including training on any devices critical to the operation of such system or the manufacturer's representative in the procedures for setting up, testing and operating such system. Upon completion of the training, the manufacturer or manufacturer's representative shall issue a signed certificate to the work zone speed control system operator. Such signed certificate shall be admitted as evidence in any court proceeding for an alleged violation of section 13a-263.
(3) A work zone speed control system operator shall complete and sign a daily log for a work zone control system. Such daily log shall (A) state the date, time and location of such system's set-up, (B) state that the work zone speed control system operator successfully performed, and the work zone speed system passed, the testing specified by the manufacturer of the work zone speed system, (C) be kept on file at the principle office of the operator, and (D) be admitted in any court proceeding for an alleged violation of section 13a-263.
(b) A work zone speed control system shall undergo an annual calibration check performed at a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check. Such signed certificate of calibration shall be kept on file and admitted as evidence in any court proceeding for an alleged violation of section 13a-263.
(c) The notice of violation for the alleged violation of section 13a-263 shall include (1) a copy of the recorded image showing the vehicle with its number plate visible, (2) the registration number and state of issuance of the vehicle registration, (3) verification that the work zone speed control system was operating correctly at the time of the alleged violation and the date of the most recent calibration check, and (4) the date, time and location of the alleged violation.
(d) In the case of an alleged violation of section 13a-263 involving a motor vehicle registered in the state, the notice of violation shall be mailed not later than thirty days after the commission of the alleged violation or after the identity of the owner is ascertained, whichever is later, to the address of the owner that is in the records of the Department of Motor Vehicles.
(e) In the case of an alleged violation of section 13a-263 involving a motor vehicle registered in another jurisdiction, the notice of the violation shall be mailed not later than thirty days after the identity of the owner is ascertained to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration.
(f) A notice of violation shall be invalid unless mailed to an owner not later than ninety days after the alleged violation of section 13a-263.
(g) The notice of violation shall be sent by first class mail. A manual or automatic record of mailing prepared by the work zone speed control system operator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any court proceeding as to the facts contained in the notice.
(h) A violation of section 13a-263 shall not (1) be included in the operating record of the driver maintained pursuant to section 14-137a, (2) be the subject to merit rating for insurance purposes, or (3) authorize the imposition of surcharge points in the provision of motor vehicle insurance coverage.
(i) The following defenses shall be available to the owner of a motor vehicle identified by a work zone speed camera control system as allegedly violating section 13a-263: (1) The violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit, as defined in section 7-294a, and had not been recovered prior to the time of the violation, and (2) the work zone speed control system used to determine speed was not in compliance with the provisions of this section relating to tests for accuracy, certification or calibration.
(j) An owner who receives a notice of violation pursuant to the provisions of this section shall follow the procedures set forth in section 51-164n.
(June Sp. Sess. P.A. 21-2, S. 299.)
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Sec. 13a-265. Information to Department of Transportation and vendor. The Department of Motor Vehicles shall provide the Department of Transportation and any vendor with information regarding the owner of a motor vehicle identified by a work zone speed camera control system as allegedly violating the provisions of section 13a-263. Such information shall include, but need not be limited to, the make and number plate of such motor vehicle and the name and address of the owner of such motor vehicle.
(June Sp. Sess. P.A. 21-2, S. 300.)
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Sec. 13a-266. Motor vehicle registration where penalty for exceeding speed limit in highway work zone detected by work zone speed control system is unpaid. If an owner does not pay the fine imposed for a violation of section 13a-263 or after being found guilty at a trial for the commission of such violation, the Commissioner of Motor Vehicles may refuse to register or suspend the registration of the motor vehicle operated at the time of such violation.
(June Sp. Sess. P.A. 21-2, S. 301.)
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Sec. 13a-267. Personally identifiable information. (a) No personally identifiable information shall be sold or disclosed by the department or a vendor to any person or entity except where the disclosure is made (1) in connection with the charging, collection and enforcement of the fines imposed pursuant to section 13a-263, (2) pursuant to a judicial order, including a search warrant or subpoena, in a criminal proceeding, or (3) to comply with federal or state laws or regulations.
(b) No personally identifiable information shall be stored or retained by the department or a vendor unless such information is necessary for the collection and enforcement of the fines imposed pursuant to section 13a-263.
(c) The department or a vendor may disclose aggregate information and other data gathered from work zone speed control systems that does not directly or indirectly identify an owner or a motor vehicle for research purposes authorized by the Commissioner of Transportation.
(d) Except as otherwise provided by law or in connection with an administrative summons or judicial order, including a search warrant or subpoena, in a criminal proceeding, the department or a vendor shall destroy personally identifiable information and other data that specifically identifies a motor vehicle and relates to a violation of section 13a-263 not later than one year after any fine is imposed or the resolution of a trial conducted for the alleged commission of such violation.
(e) Personally identifiable customer information shall not be deemed a public record, for purposes of the Freedom of Information Act, as defined in section 1-200.
(June Sp. Sess. P.A. 21-2, S. 302.)
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Sec. 13a-268. Regulations. The Commissioner of Transportation may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 13a-262 to 13a-267, inclusive, and establish standards and procedures for work zone speed control systems.
(June Sp. Sess. P.A. 21-2, S. 303.)
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