Bill Text: DE HB469 | 2017-2018 | 149th General Assembly | Draft

Delaware House Bill 469 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Motor Vehicles.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-06-19 - Introduced and Assigned to Public Safety & Homeland Security Committee in House [HB469 Detail]

Download: Delaware-2017-HB469-Draft.html

SPONSOR:	Rep. Brady & Sen. Ennis
Sen. Henry

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 469

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter XIV, Chapter 41, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter XIV. Automated Speed Enforcement (ASE) Systems in Work Zones.

§ 4199D. Definitions.

(1) "Automated speed enforcement system" means a device with at least 1 vehicle sensor connected to a camera system capable of producing at least 2 time-stamped recorded images of a vehicle traveling at or above a predetermined speed in or approaching a work zone.

(2) “Automated speed system operator” means a person who has been trained and certified to operate an automated speed enforcement system and who is any of the following:

a. A State police officer.

b. A representative of the State Police Department.

c. A Department of Transportation contractor.

d. A representative of the Department of Transportation.

(3) “Department” means the Department of Transportation.

(4) “Highway” means an express highway or a controlled-access highway as defined under Title 17.

(5) "Owner" means the registered owner of a vehicle or a lessee of a vehicle with this State or any other state. The term does not include a motor vehicle rental or leasing company.

(6) “Recorded image” means an image recorded by an automated speed enforcement system on a photograph, microphotograph, electronic image, video tape, or any other medium which clearly shows a vehicle and a vehicle’s registration plate while the vehicle is being operated or used in violation of this subchapter.

(7) “Work zone” shall have the same meaning as adopted by the Department of Transportation under § 147 of Title 17.

§ 4199E. General provisions.

(a) The Department may install and operate automated speed enforcement (ASE) systems within work zones on highways with a speed limit of 45 miles per hour or greater if:

(1) The ASE system is operated by an ASE system operator.

(2) The ASE system is used only to produce recorded images of a vehicle traveling at speeds 12 miles per hour or greater than the posted work zone speed limit.

(3) The ASE system is used only when at least 1 worker is present in the work zone.

(4) A conspicuous sign is posted within a reasonable distance before the work zone to alert drivers that an ASE system may be in use. The sign must be in compliance with the Delaware Manual on Uniform Traffic Control Devices and within national guidelines.

(b) An automated speed enforcement system operator shall have the following qualifications and duties:

(1) The operator shall complete a training course, designed by the manufacturer of the ASE system, in the procedures for setting up, testing, and operating such system. Upon completion of the training, the manufacturer shall issue the operator a signed certificate of training, which shall be admitted as evidence in any court proceeding for a violation of this subchapter.

(2) The operator shall fill out, sign, and keep on file a daily set-up log that states the following:

a. The date, time, and location of the ASE system.

b. Whether he or she successfully performed and the ASE system passed the manufacturer-specified self-tests prior to its operation.

(c) The ASE system shall undergo an annual calibration check performed by an independent calibration laboratory. The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that shall be kept on file and admitted as evidence in any court proceeding for a violation of this subchapter.

(d) The Department of Safety and Homeland Security and the Department of Transportation, jointly, shall adopt rules or regulations establishing standards and procedures to carry out the provisions of this subchapter.

(e) The Justice of the Peace Court may also adopt court rules or policy directives to carry out the provisions of this subchapter.

§ 4199F. Liability; civil penalty.

(a) An owner or operator of a vehicle, who has failed to comply with the speed limit posted in a work zone, as evidenced by the information obtained from an automated speed enforcement system, shall be subject to a civil or administrative assessment not to exceed $40.

(b) Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator of a vehicle who requests a hearing to contest the violation and is found or pleads responsible for the violation or who fails to contest the violation in a timely manner. An owner or operator of a vehicle who fails to pay the civil or administrative assessment in a timely manner may also be assessed an additional assessment as follows:

(1) An amount not to exceed $10 if the assessment is not paid within 20 days.

(2) An amount not to exceed $20 if the assessment is not paid within 45 days.

(3) An amount not to exceed $30 if the assessment is not paid within 90 days.

(d) A violation for which a civil assessment is imposed under this subchapter shall not be:

(1) Classified as a criminal offense or a moving violation for the purpose of assessing points on a driver’s license.

(2) Be made part of the driving record of the person upon whom such liability is imposed.

(3) Used for insurance purposes in the provision of motor vehicle insurance coverage.

(e) Assessments collected as a result of an automated speed enforcement system in a work zone shall be paid to the jurisdiction in which the violation occurred for court costs or similar administrative fees then to reimburse the applicable state agencies for their costs of administering such systems. Any excess assessments shall be paid into the General Fund.

§ 4199G. Jurisdiction; summons and notice of violation.

(a) A nonresident owner or operator of a vehicle operated or driven on the highways of this State is deemed to have submitted to the jurisdiction of the Delaware courts for purposes of this subchapter.

(b) Collection actions, including default judgment and execution, may proceed based upon jurisdiction obtained through first class mail of a summons and subsequent court notices pursuant to this section.

(c) A summons and notice of violation may be issued by mailing by first class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Division of Motor Vehicles of this State or similar agency in another state.

(d) The initial summons and notice of violation must include the following:

(1) Name and address of the owner of the vehicle.

(2) Registration number of the vehicle involved in the violation.

(3) The violation charged.

(4) The location where the violation occurred.

(5) The date and time of the violation.

(6) At least 1 copy of a recorded image with a data bar imprinted on the recorded image that includes the date, time, and speed of the vehicle.

(7) At least 1 copy of a recorded image that clearly shows the vehicle’s entire registration plate.

(8) Amount of the civil assessment imposed and the date by which the civil assessment should be paid.

(9) Information advising the individual alleged to be liable under this subchapter the manner and procedures in which the alleged violation may be contested.

(10) A signed statement by a State police officer, which is based upon inspection of the recorded images, that the vehicle was being operated in violation of this subchapter.

(11) A warning that the failure to pay the assessment imposed or the failure to contest the alleged violation in a timely manner is an admission of liability that may result in a default judgment or the denial of the registration or the renewal of the registration of any of the owner's vehicles.

(12) Notice that the summonsed individual may rebut the presumption that the individual was the operator of the vehicle at the time of the alleged violation and the means for rebutting such presumption.

(e) A summons and notice of violation shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State or no later than 30 days after the alleged violation if the vehicle is registered in another state.

§ 4199H. Procedures to contest a violation; voluntary assessment.

(a) Any individual receiving a summons and notice of violation pursuant to this subchapter may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 20 days of the date of the summons.

(b) Upon receipt of a timely request for a hearing, a civil hearing shall be scheduled and the defendant shall be notified of the hearing date by first class mail. A civil hearing shall be held by the Justice of the Peace Court or such other entity as designated by the Department of Transportation or by the Department of Safety and Homeland Security. The hearing may be informal and shall be held in accordance with the Justice of the Peace Court rules or policy directives or the regulations established by the Department of Safety and Homeland Security or Department of Transportation.

(c) Additional administrative collection processes may be established by court rule, policy directive, regulation, or statute as applicable. Costs for such hearing shall not be assessed against the prevailing party.

(d) There shall be no right of transfer to the Court of Common Pleas.

(e) Any individual found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil assessment imposed exceeds $ 100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the time of the finding of responsible. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant's right to a writ of certiorari in the Superior Court. Additional assessments for late payment or for failure to comply with this subchapter shall be included in determining the amount of the civil assessment for purposes of determining the right to an appeal.

(f) Any individual electing to pay by voluntary assessment shall make payments to the entity designated on the summons for payment. Procedures for payment under this subsection shall be governed by court rule or policy directive of the Justice of the Peace Court or by regulation of the Department of Safety and Homeland Security or Department of Transportation and shall be in lieu of the procedures set forth in § 709 of this title.

(g) If the owner or operator of the vehicle, identified by the owner, fails to pay the civil assessment by voluntary assessment, request a hearing within the required time, or submit an affidavit stating that the owner or operator of the vehicle identified was not the driver, the Division of Motor Vehicles may refuse to renew the registration of the owner's vehicle operated at the time the summons was issued. If the owner or operator of the vehicle, as identified by the owner, is found responsible at a hearing and fails to pay as ordered by the court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator of the vehicle.

(h) Upon receiving a record of failure to comply, the court clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil assessment, giving credit for any amount paid. Such judgment may be transferred to the court’s civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the court and the Department of Safety and Homeland Security or its designee or the Department of Transportation shall have authority to seek such execution, enforcement, or transfer.

§ 4199I. Evidence; presumption.

(a) Proof of a violation of this subchapter shall be evidenced by information obtained from an automated speed enforcement (ASE) system authorized under this subchapter. A statement, or facsimile thereof, based upon inspection of recorded images produced by an ASE system shall constitute prima facie evidence of the facts contained therein, if the statement, or facsimile thereof, is sworn to or affirmed by a State police officer. Recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to the rules and procedures, regulations, or policy directive adopted pursuant to this subchapter.

(b) The owner of any vehicle found to be in violation of this section shall be held prima facie responsible for such violation in the same manner as provided for under § 7003 of this title, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person.

(1) The presumption shall be rebutted if the owner furnishes an affidavit by regular mail to the entity indicated on the summons that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the individual who leased, rented or otherwise had the care, custody, or control of the vehicle, or attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the time of the alleged violation.

(2) A summons may be issued to an individual identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated this section. There shall be a presumption that the individual so identified was the operator of the vehicle. The presumption may be rebutted as set forth in this section.

§4199J. Commercial vehicles; rental or leasing company.

(a) If a vehicle, which is found in violation of this subchapter, is commercially licensed then the owner of that commercial vehicle shall be sent a copy of the summons and notice of violation. Within 10 days of receipt of the notice, the owner of the commercial vehicle shall provide the entity which has issued the summons and notice with the name and address of the operator of the vehicle at the date, time, and location of the violation and, within the same time period, shall provide the operator of the vehicle with the notice of the violation. After receipt by the entity, which has issued the summons and notice, of the name and address of the operator of the vehicle at the time of the violation, the operator of the vehicle shall be prima facie responsible for such violation in the same manner as provided for under § 7003 of this title and shall be subject to the provisions of this subchapter. Failure of the owner of the vehicle found to be in violation of this subchapter to provide the name and address of the operator at the time of the violation within the period prescribed shall cause the owner to be held liable for a violation of this subchapter.

SYNOPSIS

This Act authorizes the Department of Transportation to use automated speed enforcement (ASE) systems to enforce speed restrictions within work zones on highways. The purpose of this Act is to increase safety for construction and maintenance workers on highways.