[ §291L-4] Automated speed enforcement system requirements.
277 words·~1 min read·
/hi/291l-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[ §291L-4] Automated speed enforcement system requirements.
(a)Automated speed enforcement system equipment shall be operated from a fixed pole, post, or other fixed structure on a state highway or county highway.
(b)Signs or other traffic-control signal devices indicating that traffic signal laws are enforced by an automated speed enforcement system shall be posted on major routes entering the area in question to provide, as far as practicable, notice to drivers of the existence and operation of the automated speed enforcement system.
(c)Proof of a violation of section 291C-108 shall be evidenced by information obtained from an automated speed enforcement system authorized pursuant to this chapter. A certificate, sworn to or affirmed by the reviewing county police department, or a facsimile thereof, based upon inspection of any clear and unobstructed photographs, microphotographs, video, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, video, or other recorded images shall be available for inspection in any proceeding to adjudicate the liability for that violation.
(d)It shall be a defense to any prosecution for a violation of exceeding the maximum motor vehicle speed limits pursuant to this chapter and section 291C-108 that the automated speed enforcement system was malfunctioning at the time of the alleged violation.
(e)The conditions specified in this section shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine or court appearance.
(f)As used in this section, "county highway" and "state highway" have the same meaning as defined in section 264-1. [L 2024, c 112, pt of §2]