[ §291L-3] State powers and duties.

441 words·~2 min read·/hi/291l-3

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

(a)The State shall establish and implement, in accordance with this chapter, an automated speed enforcement system imposing monetary liability on the registered owner of a motor vehicle for violations of section 291C-108. The State shall provide for the:

(1)Procurement, location, and oversight of an automated speed enforcement system; and

(2)Installation, operation, maintenance, and repair of the automated speed enforcement system through a third-party contractor.

Where the automated speed enforcement system affects county property, the department shall cooperate with and assist the county as needed to install, maintain, and repair the automated speed enforcement system established pursuant to this chapter.

(b)The compensation paid by the State to establish an automated speed enforcement system under this chapter 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 automated speed enforcement system and shall not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

(c)Before the installation and operation of any automated speed enforcement system, for each location considered for enforcement via the automated speed enforcement system, the State shall conduct:

(1)A comprehensive engineering review and study of each location and implement all necessary and appropriate engineering, design, and traffic-control signal measures; and

(2)A study to acquire a baseline average of the number of motor vehicles violating the posted maximum speed limit, over a period of not less than one week; provided that the baseline average shall be determined before the installation of any signs or other official traffic-control devices that indicate that a location is being considered for an automated speed enforcement system.

(d)At least sixty days before the automated speed enforcement system becomes operational, the department, in conjunction with any county in which an automated speed enforcement systems program is implemented 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 automated speed enforcement system at a particular location, a warning shall be issued for any violation 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 291L-5.

(f)For the purposes of this section:

"Intersection" has the same meaning as defined in section 291C-1.

"Location" means the place, intersection, or roadway where an automated speed enforcement system is installed and operated. [L 2024, c 112, pt of §2]