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  • Summary date: Mar 7 2023 - View Summary

    Applicable only to the City of Greensboro, the act authorizes the City to establish and implement a pilot program to use electronic speed-measuring systems (as defined in the act) to detect violations of the speed limit set in school zones. Requires any electronic speed-measuring system used in the pilot program to produce at least one photograph that clearly shows 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. Sets forth civil penalty of $250 for noncriminal violations, without any points on the person’s driver’s license, if a speeding violation is detected by an electronic speed-measuring system. Specifies that the registered owner of the vehicle cited for speeding violation detected by an electronic speed-measuring system is liable for the any penalty imposed, unless within 30 days of service of the notification, the owner submits an affidavit containing a statement that the car was in the control of another person at the time of the violation, along with that person’s name and address or that the car was in the control of a person unknown, and that the owner had reported the theft or loss of the vehicle to law enforcement no later than 48 hours after the time of the violation. If such an affidavit is submitted, then provides liability for the operator the vehicle, along with notice requirements to that person. Imposes an additional penalty of $125 and specifies that any right to contest the violation is waived if the owner/actual operator fails to pay the civil penalty or respond to the notice within that same timeframe. Requires the City to establish an administrative hearing process for alleged violators to present evidence and contest the violation. Permits an appeal of that administrative hearing to the district court of the county where the violation occurred. Requires that a de novo trial (i.e., a new trial on the entire case) be conducted before the district court. Provides for a second appeal to the Court of Appeals.  Sets forth deadlines, venue options, and filing requirements for appeal.

    Prevents the City, upon notice provided by a law enforcement officer, from issuing any notice of violation detected by an electronic speed-measuring device if the person has been cited or arrested by a law enforcement officer for speeding in a school zone, or, if a citation has already been issued upon proper notification, the City must reimburse the violator for any funds already paid. Specifies requirements for notice of civil violations to the alleged violator and for posting of conspicuous signage warning of the electronic speed-measuring system where the systems are in use.

    Permits the City to enter into interlocal agreements with the Greensboro Public Schools Board of Education to effectuate the pilot program described above. Specifies that this should be construed as altering or superseding the requirements of Section 7 of Article IX of the North Carolina Constitution (pertaining to county school funds). 

    Requires the City to submit a report of the results of the pilot program by no later than three years after its implementation to the specified NCGA joint committees. Requires the State Bureau of Investigation to report on the results of the pilot program to the specified NCGA joint committees, including any recommended legislation, by no later than one year after the implementation of the program. Specifies that the pilot program expires after the City’s submission of its report, or three years after the act’s effective date, whichever is earlier.