Iowa-2023-HSB740-Introduced

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- LSB 6358YC (2) 90 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- LSB 6358YC (2) 90 th/ns 2/ 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 -4- LSB 6358YC (2) 90 th/ns 4/ 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 -6- LSB 6358YC (2) 90 th/ns 6/ 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 -7- LSB 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