Bill Summary for S 284 (2021-2022)

Summary date: 

Mar 15 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 284 (Local) Filed Thursday, March 11, 2021
AN ACT TO AUTHORIZE THE CITY OF GREENSBORO TO ESTABLISH A PILOT PROGRAM FOR THE USE OF ELECTRONIC SPEED-MEASURING SYSTEMS TO DETECT SPEED LIMIT VIOLATIONS IN SCHOOL ZONES.
Intro. by Garrett, Robinson.

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Bill summary

This act applies to Greensboro only. Allows Greensboro, by December 1, 2021, to establish and implement a pilot program to use electronic speed-measuring systems to detect speeding violations in school zones. Defines electronic speed-measuring system (system) to mean a mobile or fixed device consisting of an automated traffic camera and sensor, that is capable of measuring speed and producing digital photos of a vehicle violating the speed limit set in a school zone. Requires the system to produce at least one photo that clearly shows the speeding vehicle; the vehicle registration number and state of issuance; the date, time, and location of the violation; and the recorded speed. Requires posting signs giving notice of the presence of the system to be located no more than 1,000 feet from the location of the system. Makes speeding violations detected by the system noncriminal violations for which a civil penalty of $250 must be assessed but for which no points are to be assigned. Sets out the process for delivering the citation to the registered owner of a motor vehicle; sets out required contents of the notice. Makes the registered owner of a vehicle cited for a speeding violation detected by the system be responsible the penalty unless the owner, within 30 days of service of the notification of violation, provides a sworn affidavit that either provides the name and address of the person who had actual physical control of the vehicle at the time of the violation, or that at the time of the violation the vehicle was under the control of a person unknown to the owner without the owner's permission. Sets out the procedure for notifying the operator identified in such an affidavit. Allows for imposing an additional penalty for failure to respond by the registered owner or identified operator. Requires photos captured by the system to be provided to the investigating law enforcement agency for use as evidence. Requires a law enforcement officer who cites or arrests an owner or operator of a vehicle in an area where a system is in use to notify the City so that the City does not issue a notice of violation. Requires establishment of an administrative nonjudicial hearing process to review challenges to penalties. Sets out an appeals process for those dissatisfied with the hearing decision. 

Allows Greensboro and the Guilford County Board of Education to enter into an interlocal agreement to carry out this act's purpose and intent, including provisions on cost-sharing and reimbursement. Specifies that the act does not alter or supersede Section 7 of Article IX of the North Carolina Constitution (County school fund; State fund for certain moneys). Requires the Greensboro Police Department to select the school zones for the system, requiring written approval of the Superintendent of Guilford County Schools or his or her designee. Requires Greensboro to pay a $1,000 fee to the Division of Motor Vehicles before implementing the system.

Requires Greensboro to report the results of the pilot program no later than three years after implementing the program. Require the report to be submitted to the specified NCGA committee chairs. Sets the program to expire upon the earlier of the submission of the report or three years after the date of implementation of the pilot program.

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