North Carolina SB 857: Charlotte Photo Radar.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S 2
SENATE BILL 857
Judiciary II Committee Substitute Adopted 4/24/01

Short Title: Charlotte Photo Radar. (Public)
Sponsors:
Referred to:
April 4, 2001

A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE LOCAL GOVERNMENTS TO USE PHOTOGRAPHIC 2
SPEED-MEASURING SYSTEMS TO ESTABLISH SPEED LIMIT AND 3
SCHOOL ZONE SPEED LIMIT VIOLATIONS AND TO AUTHORIZE THE 4
NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING 5
STANDARDS COMMISSION AND THE SECRETARY OF CRIME CONTROL 6
AND PUBLIC SAFETY TO APPROVE STANDARDS FOR THE 7
PHOTOGRAPHIC SPEED-MEASURING SYSTEMS. 8
The General Assembly of North Carolina enacts: 9
SECTION 1. Chapter 160A of the General Statutes is amended by adding a 10
new section to read: 11
"§ 160A-300.2. Use of photographic speed-measuring systems. 12
(a) A photographic speed-measuring system is a speed-measuring instrument or 13
system which works in conjunction with a photographic, video, or electronic camera to 14
automatically measure the speed and produce photographs, video, or digital images of 15
vehicles violating a speed limit or speed restriction. 16
(b) A photographic speed-measuring system shall be approved, calibrated, and 17
tested for accuracy in accordance with G.S. 8-50.3. 18
(c) Any photographic speed-measuring system shall be monitored by a sworn 19
law enforcement officer during all times the system is actively in use. 20
(d) Any photographic speed-measuring system installed or in use on a street or 21
highway must be identified by appropriate advance warning signs conspicuously posted 22
not more than 1,000 feet from the location of the photographic speed-measuring system. 23
All advance warning signs shall be consistent with a statewide standard adopted by the 24
Department of Transportation. 25
(e) Municipalities may adopt ordinances for the civil enforcement of G.S. 20-141 26
and G.S. 20-141.1 by means of a photographic speed-measuring system. 27
Notwithstanding the provisions of G.S. 20-141, 20-141.1, and 20-176, in the event that 28
a municipality adopts an ordinance pursuant to this section, a violation of G.S. 20-141 29

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001
Page 2 Senate Bill 857 - Second Edition
or G.S. 20-141.1 detected by a photographic speed-measuring system shall not be an 1
infraction or misdemeanor. An ordinance authorized by this subsection shall provide 2
that: 3
(1) The owner of a vehicle shall be responsible for a violation unless the 4
owner can furnish evidence that the vehicle was, at the time of the 5
violation, in the care, custody, or control of another person. The owner 6
of the vehicle shall not be responsible for the violation if the owner of 7
the vehicle, within 21 days after notification of violation, furnishes the 8
officials or agents of the municipality which issued the citation: 9
a. The name and address of the person or company who leased, 10
rented, or otherwise had the care, custody, and control of the 11
vehicle; or 12
b. An affidavit stating that the vehicle involved was, at the time, 13
stolen or in the care, custody, or control of some person who 14
did not have permission of the owner to use the vehicle. 15
(2) A violation detected by a photographic speed-measuring system shall 16
be deemed a noncriminal violation for which a civil penalty of fifty 17
dollars ($50.00) shall be assessed and for which no points authorized 18
by G.S. 20-16(c) or G.S. 58-36-65 shall be assigned to the owner or 19
driver of the vehicle. 20
(3) The owner of the vehicle shall be issued a citation which shall clearly 21
state the manner in which the violation may be challenged. The 22
citation shall be processed by officials or agents of the municipality 23
and shall be forwarded by personal service or first-class mail to the 24
address given on the motor vehicle registration. If the owner fails to 25
pay the civil penalty or to respond to the citation within the time period 26
specified on the citation, the owner shall have waived the right to 27
contest responsibility for the violation and shall be subject to an 28
additional civil penalty not to exceed fifty dollars ($50.00). The 29
municipality may establish procedures for the collection of these 30
penalties and may recover the penalties by civil action in the nature of 31
debt. 32
(4) The municipality shall provide a nonjudicial administrative hearing 33
process to review objections to citations or penalties issued or assessed 34
under this section. An administrative hearing decision shall be subject 35
to review by the superior court by proceedings in the nature of 36
certiorari. Any petition for review by the superior court shall be filed 37
with the clerk of superior court within 30 days after the administrative 38
hearing decision. 39
(5) After reasonable deduction of costs for administration, the proceeds of 40
all civil penalties paid shall be paid to the Charlotte-Mecklenburg local 41
school administrative unit." 42

GENERAL ASSEMBLY OF NORTH CAR