321P.2 Permit required — local ordinances.
509 words·~2 min read·
/ia/chapter-321p-automated-traffic-enforcement/321p-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A person shall not use an automated or remote system for traffic law enforcement unless authorized under this chapter. A local authority shall not adopt, enforce, or otherwise administer an ordinance authorizing the use of a system, and shall not use a system, unless the local authority holds a valid permit to use a system at the system’s location. Notwithstanding section 331.302, subsection 6, and section 380.3, the governing body of a local authority that is considering an ordinance to authorize or implement traffic law enforcement by automated or remote systems shall not suspend the requirements of section 331.302, subsection 6, or section 380.3, as applicable.
2. A local authority may apply for a permit by submitting an application to the department in a manner determined by the department. The department may approve or disapprove the application for a permit based on the department’s determination that a system is appropriate and necessary and the least restrictive means to address the critical traffic safety issues at a location. The department shall only issue one permit for a local authority, which shall set forth all locations at which a local authority is authorized to use a system.
A local authority may submit an application to the department to update the local authority’s permit with a new location in the same manner and with the same information as required for the initial permit. An application for a permit must contain all of the following for a location at which the local authority intends to operate a system:
a. Records detailing the number and description of traffic violations at the location, which shall be compiled and maintained by the local authority for at least one year prior to the installation of the system and for each year the system is in operation. The records shall be considered public records for purposes of chapter 22.
b. Records detailing the number and severity of traffic collisions and accidents occurring at the location.
c. An analysis of existing traffic speed data, posted speed limits, traffic volume data, and intersection and roadway measurements of the location. The analysis must demonstrate to the department that existing speed restrictions are appropriate and must describe how the speed restrictions were established.
d. The proposed cause of critical traffic safety issues at the location.
e. Alternative methods to improve traffic safety at the location that the local authority has implemented or has considered but declined to implement. Alternative methods to improve traffic safety may include but are not limited to changes relating to law enforcement practices, roadway or intersection design, traffic control devices used, and public education campaigns.
f. Details of discussions, if any, held with an entity that has resources which may aid the reduction of traffic collisions and accidents caused at the location by failure to obey speed restrictions and subsequent actions taken by the local authority.
g. An explanation detailing the reasons that the use of a system at the location is appropriate and necessary and the least restrictive means to address the critical traffic safety issues.