Photo Enforcement Citations

Recently the legislature has determined a new way of protecting the public while generating revenue at the same time.  They have carved out a new area in the law in which certain traffic laws can be enforced by use of an enforcement camera outside the direct presence of a law enforcement officer.

TOLL COLLECTION ENFORCEMENT:  The earliest form of this type of enforcement was used to assist in the collection of tolls.  However, toll citations proved to be way to problematic based upon the sheer number of toll violations that could be accumulated in a year.  Photo enforcement for toll collection is still being used, but Uniform Traffic Citations are no longer being issued.

RED LIGHT CAMERAS:  More recently, red light cameras have been installed in various intersections that have been deemed as problematic or dangerous by local authorities.  These intersections have posted signage informing the motoring public that the traffic signal is equipped with a traffic enforcement camera.  A vehicle that enters an intersection with a red signal is photographed with a wide view to show its presence in relation to the intersection when a red light is indicated, there is usually also a narrow view photo showing the license tag of the alleged violating vehicle, as well as a vehicle showing the light sequence prior to entry of the alleged violating vehicle into the intersection, and its course through the intersection.  Right turns on red signals are allowed by statute as long as the turn was accomplished in a safe manner.  Each day’s photographs are reviewed by a law enforcement officer or designated official who makes a final determination as to whether a citation should be issued.

What is problematic about these citations is that they are issued to the registered owner of the vehicle and sent to the address on the registration of the license tag.  If that individual has moved the citation is not forwarded since the law requires that the registered owner needs to change the address on the registration promptly upon moving to another residence.  If the driver of the vehicle is not the registered owner, the registered owner is given an opportunity within a certain time to provide an affidavit attesting to the fact that they were not the driver and providing the name and address of the individual who was the driver of the vehicle.  This is more geared as protection of rental and lease agencies since their addresses rarely change, and they have full information of the individual who was renting or leasing the vehicle.

THERE IS NO REQUIREMENT UNDER THIS LAW FOR THE STATE TO ESTABLISH THE IDENTITY OF THE DRIVER OF THE VEHICLE INVOLVED.  The applicable statute is written in more of a revenue collection device and not a traditional traffic enforcement provision.  Individuals are given an opportunity to respond to and pay a “Notice of Violation”, and even if they do not respond withing the specified time a “Uniform Traffic Citation” is issued and the case is dealt with in traffic court.  Payment of a “Notice of Violation” is treated like an ordinance violation, and no disposition is transmitted to the driver license authorities.  If an individual pays a “Uniform Traffic Citation” or is convicted (Adjudicated) in traffic court it is reported to the driver license authorities, but there are no points assessed against their driving record.  However, if a person is convicted, it is still a conviction in which an insurance company may consider towards the assessment of surcharges or higher renewal rates.  Thus, it is very important to consult an attorney if you receive a Unform Traffic Citation for any photo enforcement citation.

SCHOOL BUS PHOTO ENFORCEMENT:  More recently, the legislature has authorized photo enforcement for individuals who allegedly pass a stopped school bus with its signs extended.  These cameras are very well camouflaged along the yellow side of the school bus, but are noticeable if you look closely.  Alleged violations are notified and handled the same way Red Light Camera cases are above.  Since there are some exceptions to these violations, you should consult with a traffic attorney to determine your rights.

SCHOOL SPEED ZONE PHOTO ENFORCEMENT:  Even more recently, the legislature has authorized the use of photo enforcement of school speed zones.  These zones have always been clearly marked with signals and/or signs specifying the time frame when the school speed zone is in effect.  Alleged violations are notified and handled the same way Red light camera cases are above.  You should always consult a traffic attorney to determine your rights.