§291J -4 C ounty powers and duties.

466 words·~2 min read·/hi/291j-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The State or any county may establish and implement, in accordance with this chapter, a photo red light imaging detector system imposing monetary liability on the registered owner of a motor vehicle for failure to comply with traffic-control signal laws. The State or any county may provide for the:

(1)Procurement, location, and oversight of a photo red light imaging detector system; and

(2)Installation, operation, maintenance, and repair of the photo red light imaging detector system through a third party contractor.

Where the photo red light imaging detector system affects state property, the department shall cooperate with and assist the county as needed to install, maintain, and repair the photo red light imaging detector system established pursuant to this chapter.

(b)If the State or a county establishes a red light imaging detector system under this chapter, the compensation paid by the State or county to a manufacturer or vendor of the equipment used shall be based upon the value of the equipment and services provided or rendered in support of the photo red light imaging detector system, and shall not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

(c)Prior to the installation and operation of any photo red light imaging detector system, for each intersection considered for enforcement via the photo red light imaging detector system, the State or county shall:

(1)Conduct a comprehensive engineering review and study of each intersection and implement all necessary and appropriate engineering, design, and traffic-control-signal timing measures; and

(2)Conduct a study to acquire a baseline average of the number of motor vehicles violating section 291C-32(c) over a period of not less than one week; provided that the baseline average shall be determined prior to the installation of any signs or other official traffic-control devices that indicate that an intersection is being considered for a photo red light imaging detector system.

(d)At least sixty days prior to the photo red light imaging detector systems becoming operational, the department, in conjunction with any county that implements a photo red light imaging detector systems program pursuant to this chapter, shall conduct a comprehensive informational and educational campaign to inform motorists and the general public about the program.

(e)During the first thirty days of operation of an individual photo red light imaging detector system at a particular traffic signal, a warning shall be issued for any violation of section 291C-32(c), and mailed to the registered owner of the motor vehicle at the address on record at the vehicle licensing division, in lieu of a summons or citation pursuant to section 291J-6. [L 2020, c 30, pt of §2; am L 2022, c 109, §9 and c 124, §3]