<p> 1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 H. 5195 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Harrison 10 Document Path: l:\council\bills\swb\6029cm04.doc 11 Companion/Similar bill(s): 794 12 13 Introduced in the House on April 29, 2004 14 Currently residing in the House Committee on Judiciary 15 16 Summary: Traffic control signal monitoring systems 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 4/29/2004 House Introduced and read first time HJ-5 23 4/29/2004 House Referred to Committee on Judiciary HJ-6 24 25 26 VERSIONS OF THIS BILL 27 28 4/29/2004 29 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO 14 AUTHORIZE LOCAL GOVERNMENTS TO ADOPT 15 ORDINANCES FOR THE CIVIL ENFORCEMENT OF 16 CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC 17 CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND 18 SECTION 14-25-45, RELATING TO THE JURISDICTION OF 19 MUNICIPAL COURTS, SO AS TO PROVIDE FOR 20 JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED 21 PURSUANT TO SECTION 56-5-830; AND TO AMEND 22 SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL 23 AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO 24 ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE 25 CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY 26 THE USE OF TRAFFIC CONTROL SIGNAL MONITORING 27 SYSTEMS. 28 29 Be it enacted by the General Assembly of the State of South 30 Carolina: 31 32 SECTION 1. Article 5, Chapter 5 of Title 56 is amended by 33 adding: 34 35 “Section 56-5-830. (A) This section shall be known and may be 36 cited as the South Carolina Red Light Running Act of 2004. 37 (B) It is hereby found and declared as follows: 38 (1) the frequency of red light running within the State of 39 South Carolina continues to increase as the number of vehicles on 40 our roads increases; 41 (2) an automated red light camera program will assist state 42 and local governments by reducing the necessity for conducting</p><p>1 [5195] 1 1 extensive conventional traffic enforcement at heavily traveled 2 high-risk intersections; and 3 (3) based on results of similar programs, the adoption of an 4 automated red light camera program will result in a significant 5 reduction in the number of red light violations and accidents within 6 the State of South Carolina. 7 (C) For purposes of this section: 8 (1) ‘Agency’ means both the state or law enforcement 9 agency primarily responsible for a traffic control signal operated 10 and maintained at an intersection under its control, and the 11 political subdivision, or law enforcement agency of the political 12 subdivision that is authorized to issue citations for a violation of 13 the South Carolina law or of local traffic laws or regulations. 14 (2) ‘Owner’ means the registered owner of a motor vehicle 15 or a lessee of a motor vehicle under a lease of six months or more. 16 Owner does not include a motor vehicle rental or leasing company. 17 (3) ‘Recorded images’ means images recorded by a traffic 18 control signal monitoring system shown on one or more of the 19 following: 20 (a) two or more photographs; 21 (b) two or more microphotographs; 22 (c) two or more electronic images; 23 (d) digital video; or 24 (e) any other medium. 25 Recorded images must show the front and rear of a motor 26 vehicle and, on at least one image or digital video frame, clearly 27 identify the registration plate number of the motor vehicle and 28 provide full evidentiary documentation, including a sequence of 29 the front of the offending vehicle approaching the intersection. 30 (4) ‘Traffic control signal monitoring system’ means a device 31 with one or more above ground motor vehicle sensors working in 32 conjunction with a traffic signal to produce recorded images of 33 motor vehicles entering an intersection against a red signal 34 indication. The traffic control signal monitoring system must 35 incorporate both a method of predicting motor vehicles entering an 36 intersection against a red signal indication and a method of 37 monitoring and reporting any change in the duration of the yellow 38 phase at an enforced intersection. 39 (D) This article applies to a violation at an intersection 40 monitored by a traffic control signal monitoring system. 41 (E) Local governments may adopt ordinances for the civil 42 enforcement of Section 56-5-710 by means of a traffic control 43 signal monitoring system, as described in subsection (C)(4) of this</p><p>1 [5195] 2 1 section. Notwithstanding another provision of law, all ordinances 2 adopted by a local governing body pursuant to this section shall 3 comport with the provisions contained in this section. 4 (F) A violation detected solely by a traffic control signal 5 monitoring system is a noncriminal violation for which a civil 6 penalty must be assessed. No court costs, assessments, or 7 surcharges may be assessed against the owner or driver of the 8 vehicle, and no points authorized by Section 56-1-720 may be 9 assigned to the owner or driver of the vehicle. A civil penalty 10 under this chapter may not exceed one hundred dollars. 11 (G) Subject to the provisions of this section: 12 (1) An agency shall mail to the owner liable under this 13 section a citation, which shall include: 14 (a) the name and address of the registered owner of the 15 vehicle; 16 (b) the registration number of the motor vehicle involved 17 in the violation; 18 (c) the violation charged; 19 (d) the location of the intersection; 20 (e) the date and time of the violation; 21 (f) a copy of the recorded images; 22 (g) the amount of the civil penalty imposed, and the date 23 by which the civil penalty should be paid; 24 (h) a signed statement by a technician employed by the 25 agency that states in pertinent part that based upon the technician’s 26 inspection of recorded images, the motor vehicle was being 27 operated in violation of state or local traffic laws; 28 (i) a statement that recorded images are evidence of a 29 violation of this section; and 30 (j) information advising the person alleged to be liable 31 under this section of the manner and time in which liability as 32 alleged in the citation may be contested, and warning that failure to 33 pay the civil penalty or to contest liability in a timely manner is an 34 admission of liability, and may result in the refusal to register or 35 reregister the motor vehicle, or the suspension of the motor vehicle 36 registration. 37 (2) A citation issued under this section must be mailed no 38 later than two weeks after the alleged violation. 39 (3) An agency may not mail a citation to a person who is not 40 a motor vehicle owner under Section 56-5-830(C)(2). 41 (4) A person who receives a citation under Section 42 56-5-380(G)(1) may pay the civil penalty, in accordance with the</p><p>1 [5195] 3 1 instructions on the citation, to the political subdivision or to the 2 court, or elect to stand trial for the alleged violation. 3 (H) Adjudication of liability must be based on a preponderance 4 of evidence. A certificate, sworn to or affirmed by a duly 5 authorized agent of the agency that states, based upon an 6 inspection of recorded images produced by a traffic control 7 monitoring system, a violation of the traffic laws occurred, is 8 evidence of the facts contained in it and is admissible in any 9 proceeding alleging a violation under this section. 10 (I)(1) The municipal court may consider any of the following 11 in defense of a violation: 12 (a) the driver of the vehicle passed through the 13 intersection in violation of this chapter in order to yield the 14 right-of-way to an emergency vehicle, or as part of a funeral 15 procession; 16 (b) the motor vehicle or license plate of the motor vehicle 17 was stolen before the violation occurred and was not under the 18 control or possession of the owner at the time of the violation; 19 (c) at the time and place of the alleged violation the traffic 20 control signal was not in proper position and able to be seen by an 21 ordinary observant individual; 22 (d) subject to item (3), evidence that the person named in 23 the citation was not operating the vehicle at the time of the 24 violation; or 25 (e) any other issues and evidence that the municipal court 26 considers relevant. 27 (2) In order to demonstrate that the motor vehicle or license 28 plate was stolen before the violation occurred and was not under 29 the control or possession of the owner at the time of the violation, 30 the owner must submit proof that a police report concerning the 31 stolen motor vehicle or license plate was filed in a timely manner 32 before the alleged violation. 33 (3) To satisfy the evidentiary burden under subitem (I)(1)(d), 34 the person named in the citation must provide to the municipal 35 court a letter sworn to or affirmed by the person and sent by 36 certified mail, return receipt requested, that states that the person 37 named in the citation was not operating the vehicle at the time of 38 the violation. The affidavit also must provide the name, address, 39 and driver’s license identification number of the person who was 40 operating the vehicle at the time of the violation. 41 (4) If the municipal court finds that the person named in the 42 citation was not operating the vehicle at the time of the violation or 43 receives evidence identifying the person driving the vehicle at the</p><p>1 [5195] 4 1 time of the violation, the clerk shall provide to the agency issuing 2 the citation a copy of any evidence substantiating who was 3 operating the vehicle at the time of the violation. Upon receipt of 4 substantiating evidence from the municipal court, an agency may 5 issue a citation as provided in item (G)(1) to the person that the 6 evidence indicates was operating the vehicle at the time of the 7 violation. 8 The citation must be mailed no later than two weeks after receipt 9 of the evidence from the municipal court. 10 (J) If the civil penalty is not paid and the violation is not 11 contested, the agency shall forward in writing to the Department of 12 Motor Vehicles the information contained in item (G)(1) of this 13 section, along with a statement that the owner of the motor vehicle 14 involved in the violation has not paid the penalty, or that the owner 15 failed to contest the citation, or both. Upon receipt of this 16 information, the Department of Motor Vehicles shall suspend the 17 vehicle’s current registration and shall not register or reregister the 18 motor vehicle until it receives written notification from the agency 19 that the owner has paid the penalty, or has otherwise resolved the 20 payment of the citation with the agency. 21 (K) A violation of this section is not a moving violation and 22 may not be recorded by the administration on the driving record of 23 the owner or driver of the vehicle. The violation must be treated as 24 a parking violation for purposes of this section and may not be 25 considered in the provision of motor vehicle insurance coverage.” 26 27 SECTION 2. Section 14-25-45 of the 1976 Code is amended to 28 read: 29 30 “Section 14-25-45. Each municipal court shall have jurisdiction 31 to try all cases arising under the ordinances of the municipality for 32 which established. The court shall also have all such powers, 33 duties, and jurisdiction in criminal cases made under state law and 34 conferred upon magistrates. The court shall have the power to 35 punish for contempt of court by imposition of sentences up to 36 limits imposed on municipal courts. The court shall have no 37 jurisdiction in civil matters. However, the court has jurisdiction 38 over noncriminal violations contained in Section 56 - 5 - 830.” 39 40 SECTION 3. Section 56-5-710 of the 1976 Code is amended by 41 adding at the end: 42</p><p>1 [5195] 5 1 “(12) adopting ordinances to use traffic control photographic 2 systems for the civil enforcement of traffic laws pursuant to 3 Section 56-5-830.” 4 5 SECTION 4. This act takes effect upon approval by the Governor 6 and applies to all violations detected by a traffic control signal 7 monitoring system committed on or after that date. 8 ----XX---- 9</p><p>1 [5195] 6</p>