Bill Text: IA HSB740 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of automated traffic enforcement systems on the primary road system.(See HF 2681.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-04-01 - Committee report approving bill, renumbered as HF 2681. [HSB740 Detail]
Download: Iowa-2023-HSB740-Introduced.html
House
Study
Bill
740
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
use
of
automated
traffic
enforcement
1
systems
on
the
primary
road
system.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6358YC
(2)
90
th/ns
H.F.
_____
Section
1.
NEW
SECTION
.
321P.1
Definitions.
1
As
used
in
this
chapter:
2
1.
“Automated
enforcement”
means
the
use
of
automated
3
traffic
enforcement
systems
for
enforcement
of
laws
regulating
4
vehicular
traffic.
5
2.
“Automated
traffic
enforcement
system”
means
a
system
6
that
operates
in
conjunction
with
a
speed-measuring
device
to
7
produce
recorded
images
of
vehicles
being
operated
in
violation
8
of
traffic
laws.
9
3.
“Department”
means
the
state
department
of
10
transportation.
11
4.
“High-crash
location”
means
a
location
where
data
12
indicates
a
greater
frequency
or
higher
rate
of
crashes
13
when
compared
with
other
similar
locations
within
the
local
14
jurisdiction,
other
like
jurisdictions,
or
larger
metropolitan
15
areas.
16
5.
“High-risk
location”
means
a
location
where
the
safety
of
17
citizens
or
law
enforcement
officers
would
be
at
higher
risk
18
through
conventional
enforcement
methods.
19
6.
“Local
jurisdiction”
means
a
city
or
county.
20
Sec.
2.
NEW
SECTION
.
321P.2
Applicability
——
department
21
approval
required
——
use
by
department
prohibited.
22
1.
This
chapter
applies
only
to
local
jurisdictions
using
23
or
planning
to
use
automated
enforcement
on
the
primary
road
24
system.
25
2.
A
local
jurisdiction
shall
obtain
approval
from
the
26
department
prior
to
using
an
automated
traffic
enforcement
27
system
on
the
primary
road
system.
28
3.
The
department
shall
not
own
or
operate
any
automated
29
traffic
enforcement
system.
30
4.
The
department
shall
not
receive
any
financial
payment
31
from
any
automated
traffic
enforcement
system
owned
or
operated
32
by
a
local
jurisdiction.
33
Sec.
3.
NEW
SECTION
.
321P.3
Use
of
automated
traffic
34
enforcement
systems.
35
-1-
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6358YC
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th/ns
1/
8
H.F.
_____
1.
A
local
jurisdiction
shall
explore
and
implement
other
1
engineering
and
enforcement
solutions
before
considering
2
automated
enforcement.
3
2.
A
local
jurisdiction
shall
consider
implementing
4
automated
enforcement
only
in
extremely
limited
situations
on
5
interstate
roads.
6
3.
A
local
jurisdiction
shall
only
consider
automated
7
enforcement
in
areas
with
a
documented
high-crash
or
high-risk
8
location
in
any
of
the
following
areas:
9
a.
An
area
or
intersection
with
a
significant
history
of
10
crashes
which
can
be
attributed
to
persons
exceeding
the
posted
11
speed
limit.
12
b.
A
school
zone,
as
described
in
section
321.249.
13
Sec.
4.
NEW
SECTION
.
321P.4
Justification
report.
14
1.
A
local
jurisdiction
that
intends
to
implement
automated
15
enforcement
shall
provide
a
justification
report
to
the
16
department
by
submitting
a
request
and
the
justification
report
17
to
the
appropriate
district
engineer.
A
licensed,
professional
18
engineer
knowledgeable
in
traffic
safety
shall
sign
the
19
justification
report.
20
2.
The
justification
report
must
provide
all
necessary
21
information
and
documentation
to
clearly
define
the
area
where
22
use
of
automated
enforcement
is
intended,
provide
evidence
23
documenting
why
the
area
is
a
high-crash
or
high-risk
location,
24
and
describe
the
process
used
to
justify
the
need
for
automated
25
enforcement.
26
3.
The
justification
report
must
include
but
is
not
limited
27
to
all
of
the
following
information:
28
a.
Existing
traffic
speeds,
posted
speed
limits,
traffic
29
volumes,
and
intersection
or
roadway
geometry,
information
30
ensuring
that
the
existing
speed
limits
are
appropriate,
and
31
detailing
how
such
speed
limits
were
established.
32
b.
Applicable
crash
history,
the
primary
crash
types,
crash
33
causes,
crash
severity,
and
observed
or
ascertained
traffic
34
violations.
Only
crashes
attributable
to
violations
of
the
35
-2-
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8
H.F.
_____
posted
speed
limit
shall
be
included
in
the
justification
1
report.
2
c.
A
comparison
of
crash
data
with
other
similar
locations
3
within
the
local
jurisdiction,
other
like
jurisdictions,
and
4
larger
metropolitan
areas.
5
d.
The
critical
traffic
safety
issues
based
on
the
data
6
provided
pursuant
to
this
subsection
and
a
comprehensive
list
7
of
countermeasures
that
may
reduce
the
critical
traffic
safety
8
issues.
9
e.
Solutions
or
safety
countermeasures
that
have
been
10
implemented,
along
with
those
that
have
been
considered
but
11
not
implemented,
including
but
not
limited
to
law
enforcement
12
activities,
engineering
and
design
changes,
and
public
13
education
campaigns.
14
f.
Discussions
held
and
actions
taken
with
partnering
15
agencies
that
have
resources
which
could
aid
in
the
reduction
16
of
crashes
attributable
to
violations
of
the
posted
speed
17
limit.
18
g.
Reasons
the
local
jurisdiction
believes
automated
19
enforcement
is
the
best
solution
to
reduce
the
critical
traffic
20
safety
issues.
21
4.
A
local
jurisdiction
intending
to
implement
a
mobile
22
automated
traffic
enforcement
system
shall
include
all
of
the
23
following
information
with
the
justification
report:
24
a.
A
description
of
the
mobile
automated
traffic
enforcement
25
system.
26
b.
The
proposed
duration
of
use
of
a
mobile
automated
27
traffic
enforcement
system
at
each
location
and
an
indication
28
of
where
the
unit
will
be
physically
placed
relative
to
29
the
highway,
including
the
roadway
and
its
boundaries,
such
30
as
curbs,
shoulders,
medians,
and
other
relevant
location
31
characteristics.
32
Sec.
5.
NEW
SECTION
.
321P.5
Department
review.
33
1.
Within
ninety
days
of
receipt
of
the
request
and
a
34
completed
justification
report,
the
department
shall
either
35
-3-
LSB
6358YC
(2)
90
th/ns
3/
8
H.F.
_____
approve
or
deny
specific
automated
enforcement
locations
in
1
the
request.
The
department’s
response
time
may
be
extended
2
if
the
collection
of
additional
data
is
needed,
such
as
3
conducting
a
speed
study.
Incomplete
justification
reports
4
shall
be
returned
to
the
local
jurisdiction.
The
department
5
shall
review
the
request
and
justification
report,
evaluate
the
6
process
used,
and
determine
if
the
proposed
automated
traffic
7
enforcement
system
is
warranted.
If
an
automated
enforcement
8
request
is
approved,
the
department
shall
prepare
an
agreement
9
detailing
the
approved
use
of
such
enforcement
which
must
be
10
signed
by
the
department
and
the
local
jurisdiction.
11
2.
Upon
receipt
by
the
department
of
a
request
and
a
12
completed
justification
report
from
a
local
jurisdiction,
the
13
department
shall
include
the
information
on
the
department’s
14
internet
site.
15
Sec.
6.
NEW
SECTION
.
321P.6
Systems
installed,
maintained,
16
and
placed.
17
1.
A
local
jurisdiction
shall
install
and
maintain
an
18
automated
traffic
enforcement
system
in
a
safe
manner
and
place
19
the
system
to
ensure
motorist
safety
by
reducing
the
chances
20
of
creating
a
potentially
unsafe
environment
for
motorists
as
21
follows:
22
a.
In
a
location
where
the
system
does
not
impede,
23
oppose,
or
interfere
with
free
passage
along
the
primary
road
24
right-of-way.
25
b.
In
a
location
where
the
system
does
not
create
a
visual
26
obstruction
to
passing
motorists.
27
c.
In
a
manner
to
avoid
creating
traffic
backups
or
delays.
28
2.
A
local
jurisdiction
shall
not
place
or
park
an
automated
29
traffic
enforcement
system
in
any
of
the
following
locations:
30
a.
On
any
shoulder
or
median
of
any
interstate
highway.
31
b.
Within
fifteen
feet
of
the
outside
traffic
lane
of
any
32
interstate
highway,
unless
shielded
by
a
crashworthy
barrier.
33
c.
On
the
outside
shoulder
of
any
other
primary
road
for
34
longer
than
forty-eight
hours
unless
shielded
by
a
crashworthy
35
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8
H.F.
_____
barrier.
1
d.
Within
two
feet
of
the
back
of
the
curb
of
a
municipal
2
extension
of
any
primary
road.
3
e.
Within
the
first
one
thousand
feet
of
a
change
in
speed
4
limit
to
a
lower
posted
speed
limit.
5
3.
A
local
jurisdiction
shall
not
place
or
operate
an
6
automated
traffic
enforcement
system
within
the
defined
limits
7
of
any
road
work
zone,
as
defined
in
section
321.1.
8
Sec.
7.
NEW
SECTION
.
321P.7
Required
signs.
9
1.
A
local
jurisdiction
shall
post
permanent
signs
in
10
advance
of
the
locations
where
automated
traffic
enforcement
11
systems
are
in
use
to
advise
drivers
that
the
area
is
monitored
12
by
an
automated
traffic
enforcement
system.
13
2.
A
local
jurisdiction
shall
post
temporary
or
permanent
14
signs
advising
that
vehicle
speed
is
monitored
by
automated
15
enforcement
in
advance
of
an
area
monitored
by
a
mobile
16
automated
traffic
enforcement
system,
as
agreed
to
by
the
17
department
and
the
local
jurisdiction.
18
3.
A
local
jurisdiction
using
an
automated
traffic
19
enforcement
system
is
authorized
to
post
permanent
signs
on
20
primary
access
roads
entering
local
jurisdictions
that
are
21
under
automated
enforcement.
22
4.
All
signs
must
be
in
accordance
with
the
sign
manual
23
adopted
by
the
department.
24
Sec.
8.
NEW
SECTION
.
321P.8
Enforcement.
25
1.
A
local
jurisdiction
shall
use
automated
enforcement
in
26
conjunction
with
conventional
law
enforcement
methods,
not
as
a
27
replacement
for
law
enforcement
officer
contact.
28
2.
If
a
local
jurisdiction
uses
a
mobile
automated
traffic
29
enforcement
system,
a
law
enforcement
agency
shall
own
the
30
vehicle
equipped
with
the
mobile
automated
traffic
enforcement
31
system
and
the
vehicle
must
be
marked
with
official
decals
and
32
have
an
“official”
registration
plate
issued
under
section
33
321.19
affixed
to
the
vehicle.
34
Sec.
9.
NEW
SECTION
.
321P.9
Calibration.
35
-5-
LSB
6358YC
(2)
90
th/ns
5/
8
H.F.
_____
An
automated
traffic
enforcement
system
shall
be
calibrated
1
by
a
local
law
enforcement
officer,
trained
in
the
use
and
2
calibration
of
the
system,
at
least
quarterly
for
a
fixed
3
system
and
prior
to
being
used
at
any
new
location
for
a
mobile
4
system.
5
Sec.
10.
NEW
SECTION
.
321P.10
Evaluation,
reporting,
and
6
reevaluation.
7
1.
A
local
jurisdiction
with
active
automated
enforcement
8
on
a
primary
road
shall
evaluate
the
effectiveness
of
its
use
9
annually.
The
evaluation
shall
do
all
of
the
following:
10
a.
Address
the
reduction
of
vehicle
speeds
for
those
sites
11
being
monitored
by
automated
enforcement.
12
b.
Identify
the
number
and
type
of
crashes
at
the
sites
13
being
monitored,
and
compare
the
data
for
sites
to
the
number
14
and
type
of
crashes
at
the
sites
before
automated
enforcement
15
was
implemented.
The
evaluation
for
a
system
that
monitors
an
16
intersection
only
requires
the
data
for
monitored
approaches.
17
c.
Evaluate
and
document
the
automated
traffic
enforcement
18
system’s
effect
on
reducing
the
critical
traffic
safety
issues
19
listed
in
the
justification
report.
20
d.
Provide
the
total
number
of
citations
issued
for
each
21
calendar
year
that
the
automated
traffic
enforcement
system
has
22
been
in
operation.
23
e.
Certify
that
the
automated
traffic
enforcement
system
has
24
been
calibrated
in
accordance
with
section
321P.9.
25
2.
A
local
jurisdiction
shall
report
the
annual
evaluation
26
to
the
department’s
office
of
traffic
and
safety
on
or
before
27
May
1
each
year,
beginning
on
the
first
May
1
following
a
full
28
calendar
year
with
automated
enforcement
implemented,
and
the
29
report
shall
be
based
on
performance
for
the
prior
year.
30
3.
The
department
shall
utilize
information
collected
31
from
the
annual
evaluation
reports
from
local
jurisdictions
32
to
assist
in
evaluating
the
continued
need
for
such
systems
33
at
each
location.
The
continued
use
of
automated
enforcement
34
is
contingent
on
the
effectiveness
of
the
system,
appropriate
35
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8
H.F.
_____
administration
of
the
system
by
the
local
jurisdiction,
1
continued
compliance
with
this
chapter,
considering
changes
2
in
traffic
patterns,
infrastructure
improvements,
and
3
implementation
of
other
identified
safety
countermeasures.
4
4.
The
department
is
authorized
to
require
a
local
5
jurisdiction
to
remove
or
modify
an
automated
system
in
a
6
particular
location.
7
Sec.
11.
NEW
SECTION
.
321P.11
Appeals.
8
Notwithstanding
chapter
17A,
a
local
jurisdiction
may
9
appeal
a
decision
made
by
the
department
as
part
of
this
10
chapter
by
submitting
a
written
explanation
of
the
issue
and
11
any
supporting
information
to
the
director
of
transportation.
12
Once
the
director
receives
the
appeal,
the
director
shall
have
13
thirty
days
to
respond.
The
director’s
decision
is
final
14
agency
action.
15
Sec.
12.
NEW
SECTION
.
321P.12
Rules.
16
The
department
may
adopt
rules
pursuant
to
chapter
17A
as
17
necessary
to
implement
this
chapter.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
In
2014,
the
department
of
transportation
(DOT)
adopted
22
administrative
rules
authorizing
and
regulating
the
use
of
23
automated
traffic
enforcement
(ATE)
systems
on
the
primary
road
24
system.
After
judicial
review,
the
Iowa
supreme
court
ruled
25
the
DOT
did
not
have
authority
to
adopt
rules
regulating
the
26
use
of
ATE
systems.
This
bill
codifies
the
previously
adopted
27
DOT
rules,
other
than
those
relating
to
the
use
of
ATE
systems
28
monitoring
official
traffic-control
devices.
29
The
bill
applies
only
to
automated
enforcement
used
by
local
30
jurisdictions
to
monitor
and
enforce
excessive
speed
violations
31
on
the
primary
road
system.
The
DOT
is
prohibited
from
using
32
automated
enforcement
or
receiving
related
payments
from
local
33
jurisdictions.
34
Under
the
bill,
a
city
or
county
(local
jurisdiction)
35
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6358YC
(2)
90
th/ns
7/
8
H.F.
_____
seeking
to
use
automated
enforcement
is
required
to
receive
1
approval
from
the
DOT.
A
local
jurisdiction
is
required
to
2
submit
a
justification
report,
detailing
the
need
for
automated
3
enforcement
based
on
factors
described
in
the
bill.
The
DOT
4
must
approve
or
deny
a
local
jurisdiction’s
request
within
90
5
days,
unless
additional
time
is
needed
to
gather
more
data
or
6
conduct
a
speed
study.
If
the
DOT
approves
a
request,
the
7
DOT
must
prepare
an
agreement
which
must
be
signed
by
the
8
department
and
the
local
jurisdiction.
9
The
bill
requires
ATE
systems
to
be
installed
and
maintained
10
in
a
safe
manner
and
limits
the
locations
on
or
along
a
roadway
11
where
the
ATE
system
is
permitted
to
be
installed.
The
ATE
12
systems
must
be
calibrated
quarterly,
and
if
a
mobile
ATE
13
system
is
used,
it
must
be
calibrated
before
each
use
at
a
14
new
location.
Local
jurisdictions
are
required
to
post
signs
15
in
advance
of
locations
where
ATE
systems
are
used
to
advise
16
drivers
of
such
systems.
17
Each
year,
a
local
jurisdiction
that
uses
automated
18
enforcement
must
evaluate
the
effectiveness
of
the
ATE
system
19
and
report
its
findings
to
the
DOT
on
or
before
May
1.
The
20
DOT
must
review
the
annual
reports
and
determine
whether
21
continued
use
of
automated
enforcement
is
justified.
The
DOT
22
is
authorized
to
require
a
local
jurisdiction
to
remove
or
23
modify
an
ATE
system
in
a
particular
location.
24
A
local
jurisdiction
may
appeal
a
decision
made
by
the
25
DOT
by
submitting
a
written
explanation
of
the
issue
and
any
26
supporting
information
to
the
director
of
the
DOT.
Once
the
27
director
receives
the
appeal,
the
director
has
30
days
to
28
respond.
The
director’s
decision
is
final
agency
action.
29
Automated
enforcement
must
be
used
in
conjunction
with
30
conventional
law
enforcement
methods,
not
as
a
replacement
for
31
law
enforcement
officer
contact.
32
-8-
LSB
6358YC
(2)
90
th/ns
8/
8
