Vermont S 263: An act relating to the use of automated traffic law enforcement (ATLE) systems by municipalities

Bill Text

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VT LEG #385982 v.3
S.263 1
Introduced by Senators Perchlik and Chittenden 2
Referred to Committee on 3
Date: 4
Subject: Motor vehicles; traffic enforcement; traffic violations; moving 5
violations; automated law enforcement; traffic cameras; automated 6
license plate recognition systems; automated traffic law enforcement 7
systems 8
Statement of purpose of bill as introduced: This bill proposes to authorize 9
municipal law enforcement agencies to utilize automated traffic law 10
enforcement in municipal work zones; at locations with an increased incidence 11
of crashes or speeding, or both; at traffic signals; and in areas with an increased 12
incidence of vehicles exceeding municipal sound limits until July 1, 2029. 13
An act relating to the use of automated traffic law enforcement (ATLE) 14
systems by municipalities 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 23 V.S.A. § 1605 is amended to read: 17
§ 1605. DEFINITIONS 18
As used in this subchapter: 19
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(3) “Automated traffic law enforcement system” or “ATLE system” 1
means a device with one or more sensors that is: 2
(A) working in conjunction with a speed measuring device to 3
produce recorded images of the rear registration number plates of motor 4
vehicles traveling at more than 10 miles above the speed limit; 5
(B) working in conjunction with a traffic signal to produce recorded 6
images of the rear registration plates of motor vehicles entering an intersection 7
in a manner that is prohibited pursuant to subdivision 1022(a)(3) of this title; 8
and 9
(C) working in conjunction with a sound measuring device to 10
produce recorded images of the rear registration plates of motor vehicles 11
operating at a sound level that exceeds the maximum sound level permitted by 12
a municipal ordinance. 13
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(9) “Recorded image” means a photograph, microphotograph, electronic 15
image, or electronic video that shows, clearly enough to identify, the rear 16
registration number plate of a motor vehicle that has activated the radar or 17
other detection component of an ATLE system by traveling past the ATLE 18
system at more than 10 miles above the speed limit; entering an intersection in 19
a manner that is prohibited pursuant to subdivision 1022(a)(3) of this title; or 20

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VT LEG #385982 v.3
operating at a sound level that exceeds the maximum sound level permitted by 1
a municipal ordinance. 2
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Sec. 2. 23 V.S.A. § 1606 is amended to read: 4
§ 1606. AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS; 5
SPEEDING 6
(a) Use. Deployment of ATLE systems on behalf of the Agency of 7
Transportation by a third party pursuant to subsection (b) of this section or by a 8
municipal law enforcement agency as provided pursuant to subsection (b) of 9
this section is intended to investigate the benefits of automated law 10
enforcement for speeding, red light, and vehicle noise violations as a way to 11
improve work crew safety and reduce traffic crashes resulting from an 12
increased adherence to traffic laws achieved by effective deterrence of 13
potential violators, which could not be achieved by traditional law enforcement 14
methods or traffic calming measures, or both. Deployment of ATLE systems 15
on behalf of the Agency and municipal law enforcement agencies is not 16
intended to replace law enforcement personnel, nor is it intended to mitigate 17
problems caused by deficient road design, construction, or maintenance. 18
(b) Vendor. 19
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VT LEG #385982 v.3
(2) A municipal law enforcement agency that is authorized to utilize 1
ATLE pursuant to section 1610 of this subchapter may purchase or lease 2
ATLE systems for use pursuant to the provisions of this subchapter or may 3
contract with a third party for the operation and deployment of ATLE systems 4
on behalf of the municipal law enforcement agency. 5
(3) The Agency or a municipal law enforcement agency, in consultation 6
with the Department of Public Safety, may require the vendor to maintain a 7
storage system to store any recorded images or other data collected by the 8
ATLE system. Any storage system shall adhere to the use, retention, and 9
limitation requirements pursuant to this section. 10
(c) Locations. An ATLE system may only be utilized: 11
(1) at a location in the vicinity of a work zone that is located on either a 12
limited-access highway under the jurisdiction of the Agency of Transportation 13
and that is selected by the Agency or on a highway within the jurisdiction of a 14
municipal law enforcement agency that is selected by the law enforcement 15
agency, provided that: 16
(1)(A)(i) for a location selected by the Agency of Transportation, the 17
Agency shall document through an appropriate engineering analysis that the 18
location meets highway standards; o