House committee substitute amends the 1st edition as follows.
Revises the requirements of the pilot program the City of Durham (City) is authorized to establish and implement pursuant to the act to use electronic speed measuring systems to detect speeding in school zones. Revises the provisions regarding required notice of criminal charges to the City, now requiring an officer that cites or arrests an owner or operator of a vehicle pursuant to GS 20-141.1, which prohibits speeding in a school zone, in accordance with GS 15A-302 and GS 15A-401 (was citing pursuant to 15A-302 and arresting pursuant to GS 15A-401, without reference to GS 20-141.1), in an area where an electronic speed-measuring system is in use for detecting speed limit violations to notify the City within 48 hours. More specifically provides that the City is not to issue a notification of violation under the act upon receipt of notification of the criminal charges, and prohibits imposing a penalty and requires a refund of penalties paid for a notification of violation issued in error following proper notice of criminal charges.
Bill H 388 (2021-2022)Summary date: Apr 27 2021 - More information
Bill H 388 (2021-2022)Summary date: Mar 24 2021 - More information
Identical to S 239, filed 3/11/21.
Allows the City of Durham (City), by December 1, 2021, to establish and implement a pilot program to use electronic speed measuring systems to detect speeding in school zones. Defines electronic speed measuring system (system) to mean a mobile or fixed device (1) consisting of an automated traffic camera and sensor and (2) capable of measuring speed and producing one or more digital photographs of a motor vehicle violating the speed limit set in a school zone. Requires that the system produce at least one photo clearly showing a recorded image of the vehicle speeding; the vehicle registration number and state of issuance; the date, time, and location of the violation; and the recorded speed. Requires the posting of signs warning of the presence of the system.
Makes a violation of a speed limit set in a school zone detected by an electronic speed‑measuring system a noncriminal violation for which a civil penalty of $250 is to be assessed and for which no points are to be assigned. Requires the City to issue a notice of violation to the registered owner of a vehicle cited for a speeding violation detected by a system, and sets out requirements for what must be contained in the notice, as well as notice delivery requirements.
Makes the registered owner of a vehicle cited for a violation detected by the system responsible for the penalty unless, within 30 days of service of the notification, the owner submits a sworn affidavit containing information concerning who, other than the owner, had control of the vehicle at the time of the violation. If the registered owner fails to pay the penalty or respond to the notice within 30 days, the owner waives the right to contest responsibility and is subject to an additional $125 penalty. Sets out provisions concerning assigning liability to the actual operator when the operator was someone other than the registered vehicle owner.
Requires that any photos recorded by a system that captures a speeding violation in a school zone also be provided to the investigating law enforcement agency for use as evidence in any proceeding alleging a violation of GS 20‑141.1 (speed limits in school zones).
Sets out notification requirements for when a law enforcement officer cites or arrests a vehicle owner or operator in an area when a system is in use for detecting speeding. Prohibits the City from issuing a notice of violation upon receiving such notice from law enforcement.
Requires the City to establish an administrative nonjudicial hearing process to review challenges to penalties assessed under this act. Allows a person dissatisfied with the City's decision at the hearing to appeal the decision to the district court. Appeal must be made within 30 days of notification of a final decision by the City.
Allows the City and the Durham Public Schools Board of Education to enter into an interlocal agreement necessary and proper to effectuate the purpose and intent of this act. The agreement may include provisions on cost‑sharing and reimbursement.
Provides that Durham must pay a one time fee of $1,000 to the Division of Motor Vehicles before implementing the pilot program on the use of electronic speed-measuring systems to detect speeding in school zones.
Requires the City, no later than three years after implementing the pilot program, to report the results of the pilot program to the chairs of the Joint Legislative Transportation Oversight Committee and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety.
Sets the pilot program to expire upon the earlier of the submission of the required report or three years after the date of implementation of the pilot program.