SB2430

Report Title:

Traffic Enforcement

Description:

Repeals the speed limit enforcement portion of the traffic enforcement demonstration project.

THE SENATE	S.B. NO.	2430
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic enforcement.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Act 234, Session Laws of Hawaii 1998, as amended by Act 240, Session Laws of Hawaii 2000, is amended by repealing section 1.

["SECTION 1. The legislature finds that traffic violations in Hawaii, especially on the island of Oahu, have become intolerable, particularly the offenses of speeding and running red lights. Both of these violations endanger the lives of residents and compound the already hazardous conditions for both pedestrians and motorists on Hawaii's roads and highways. News items are increasingly common that describe hit-and-run drivers who have run over small children or the elderly, both inside and outside crosswalks, who may not be able to react quickly enough to a racing drunk driver or someone speeding through an intersection after the light has already turned red.

The legislature further finds that two recent technological innovations that address the hazards caused by speeding and disregarding red lights have already been in place and demonstrated their reliability and effectiveness in other jurisdictions--namely, photo speed imaging detector and photo red light imaging systems. The legislature finds that these innovations--both of which are completely automated--are appropriate for Hawaii's increasingly deteriorating traffic conditions, and are capable of safely and efficiently diffusing dangerous traffic control problems while at the same time freeing up police officers to handle more pressing problems.

The photo speed imaging detector system is a unit that mounts in a vehicle or on a pole or bridge that detects, photographs, and records information on speeders. When a vehicle exceeding a preset threshold speed enters the beam of the unit's speed detector, a high resolution camera photographs the vehicle, capturing the license plate and providing evidentiary quality images. Tickets are generated and mailed to the registered vehicle owner without need for a police officer to stop a speeding vehicle and issue a ticket to the driver. With no stop involved, no police officer is at risk from passing traffic or armed violators. Moreover, while a motivated police officer may average fifteen or twenty speeding tickets per shift, the photo speed imaging detector system can generate two speeding tickets per second.

The photo speed imaging detector system can be a turnkey operation; all of the equipment, and all supplies, as well as training, can be provided by a private company. The private company can use pictures of license plates to identify vehicle owners, print and mail tickets, monitor compliance, and make regular status reports in exchange for a small fee per paid ticket.

In addition, only one police officer using the photo speed imaging detector system can be as productive, if only in terms of numbers of traffic tickets issued, as an entire traffic division. Officers can be assigned higher priority duties, while the system handles speed enforcement. Finally, these systems have proven their reliability for over twenty years in police departments in countries around the world.

The second major innovation is the photo red light imaging system. In this system, a camera is positioned at an intersection where red light violations are common. Rather than placing an officer at the intersection full-time, the red light camera serves as a twenty-four hour deterrent to running a red light. Buried vehicle sensors are connected to traffic signals and to a self-contained camera system that is mounted on a nearby pole. When a vehicle enters the intersection against a red light, the camera takes a telephoto color picture of the car as it rolls over the stop bar, capturing the license plate as evidence. A second wide-angle photograph takes in the entire intersection, including other traffic.

A sign may be posted at the intersection indicating that it is a photo-monitored intersection; however, the camera can be moved to different poles or intersections that are equipped to hold the camera, so that motorists do not know when they are being photographed. As with the photo speed imaging detector system, the private company that supplies the photo red light imaging system also processes pictures, accesses motor vehicle records, checks the pictures of license plates against registration records, and mails out citations.

The legislature finds that the photo red light imaging system, like the photo speed imaging detector system, has numerous benefits. As with the photo speed imaging detector system, not only are streets safer after the implementation of the system, but police officers are freed from time-consuming traffic stops and have more time to make priority calls. A violator is less likely to contest tickets since the color photograph of the violation in progress, with appropriate information imprinted, can be used as evidence in court. Few cases are contested in other jurisdictions using this system, and police officers make fewer court appearances, resulting in cost savings.

The legislature realizes that Hawaii's prior conversion to administrative adjudication of traffic offenses has eliminated the need for police officers to testify in most cases. However, to the extent that fewer citations are actually contested, cost savings will be realized and contested cases will receive a faster hearing. More importantly, installation of this type of system has had an immediate effect on the behavior of drivers and has nearly eliminated violations in other jurisdictions.

The legislature finds that the implementation of both photo speed imaging detector and photo red light imaging systems will result in an increase in driver awareness, leading to a reduction in speeding and red light violations, and an overall reduction in crashes and injuries. A reduction in crashes and injuries in turn will result in lower costs for auto insurance, workers' compensation, and public assistance. Moreover, with use of photo speed imaging detector and photo red light imaging systems, traffic laws will be enforced without discrimination, and safety and efficiency will be increased by reducing the number of high-speed chases and the number of personnel required for traffic accident clean-up, investigation, and court testimony.

In addition, the legislature finds that there is a need to exempt contracts entered into with the private companies that supply the photo speed imaging detector and photo red light imaging systems from the civil service, compensation, and collective bargaining laws. In Konno v. County of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme Court adopted the "nature of the services" test, holding that the protection of the civil service laws extends to those services that have been "customarily and historically" provided by civil servants. Because police officers may be held to be customarily and historically responsible for issuing tickets to speeding motorists and other functions that may now be contracted out to a private entity, there is a need to specifically exempt any such contracts from the civil service and compensation laws so that those contracts are not voided by Konno. Although the Konno opinion did not reach the decision whether privatization is subject to mandatory collective bargaining, this Act also exempts contracts entered into with a private entity from collective bargaining laws as well, to ensure that these contracts are not subsequently voided for failure to comply with those laws as a result of a subsequent court interpretation.

Finally, the legislature finds that when speeding occurs, accidents are almost always more serious. Photo speed imaging detector and photo red light imaging systems have been proven in many locations throughout the United States, Canada, Europe, and numerous other countries around the world as deterrents to red light traffic violations and speeding and, consequently, injuries and death. The legislature finds that there is an immediate need to remedy the steadily worsening traffic conditions in Hawaii, and that the implementation of photo speed imaging detector and photo red light imaging systems will help to protect the health, safety, and welfare of the people of this State, while at the same time offering substantial cost savings and increased revenues.

The purpose of this Act is to:

(1) Establish a demonstration project in selected areas on state or county highways to provide for the implementation of photo speed imaging detector and photo red light imaging systems to improve traffic enforcement; and

(2) Allow the department of transportation to contract with appropriate providers of these systems pursuant to the public procurement laws while:

(A) Exempting such contracts from civil service, compensation, and collective bargaining laws;

(B) Permitting the contractor to have access to information as set forth in this Act; and

SECTION 2. Section 5 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, as amended by Act 240, Session Laws of Hawaii 2000, is amended to delete the definition of "photo speed imaging detector".

["Photo speed imaging detector" means a device used for traffic enforcement consisting substantially of a speed measurement unit and a video, conventional, or digital camera that automatically produces photographic identification of a vehicle traveling in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes."]

SECTION 3. Section 6 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, as amended by Act 240, Session Laws of Hawaii 2000, is amended by amending subsection (a) to read as follows:

"(a) Subject to this Act, the department may establish a demonstration project in selected areas of the State to provide for the implementation of photo red light imaging [, photo speed imaging detector,] or photo technology systems to improve traffic enforcement as provided in this Act. The demonstration project shall be limited to state or county highways and shall document the effectiveness of these systems. The contractor shall provide a public information campaign to inform local drivers about the use of these systems before any citation or summons is actually issued."

SECTION 4. Act 234, Session Laws of Hawaii 1998, as amended by Act 240, Session Laws of Hawaii 2000, is amended by repealing Section 7.

["SECTION 7. Photo speed imaging detector system.

(a) Subject to this Act, the department may establish a photo speed imaging detector system imposing monetary liability on the registered owner of a motor vehicle for failure to comply with speeding laws in accordance with this Act. The department, in consultation with county police, may provide for the installation and operation of photo speed imaging detector systems on no more than twenty-five state or county highways at any one time in any county.

(b) Proof of a speeding violation shall be evidenced by information obtained from the photo speed imaging detector system authorized pursuant to this Act. A certificate, sworn to or affirmed by the contractor or the contractor's agent or employee, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images, including digitally produced images, evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for that violation.

(c) A contractor may issue a citation or summons pursuant to section 10 on the basis of a photo speed imaging detector if the following conditions are met:

(1) The photo speed imaging detector equipment is operated by a police officer or a contractor who is authorized to operate the equipment pursuant to this Act; and

(2) Signs indicating that speeds are enforced by a photo speed imaging detector are posted, as far as practicable, providing notice to a motorist that a photo speed imaging detector may be used.

The conditions specified in this subsection shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine, court appearance, or a person's driving record."]

SECTION 5. Section 9 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, as amended by Act 240, Session Laws of Hawaii 2000, is amended to read as follows:

"SECTION 9. Designation of appropriate locations.

(a) Each county may recommend locations on state or county highways in that county that are appropriate for the installation of photo red light imaging [, photo speed imaging detector,] and photo technology systems.

(b) Signs and other official traffic-control devices that designate photo red light imaging [and photo speed imaging detector] systems shall be placed and maintained to advise drivers of the existence and operation of those systems."

SECTION 6. Section 10 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, as amended by Act 240, Session Laws of Hawaii 2000, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any law to the contrary, whenever any motor vehicle is determined by means of:

(1) The photo red light imaging system to have disregarded a steady red signal in violation of section 291C-32(a)(3), Hawaii Revised Statutes; or

(2) [The photo speed imaging detector system to be in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes; or

(3)] The photo technology system to have crossed longitudinal traffic lane markings in violation of section 291C-38(c), Hawaii Revised Statutes,

the contractor shall cause a summons or citation as described in this section to be sent within three days of the date of the incident by certified mail, registered mail, or first class mail with a certificate of mailing obtained as evidence of service to the registered owner of the vehicle at the address on record at the vehicle licensing division. Days when the post office is not open to the public shall not be included in calculation of the three days."

SECTION 7. Section 12 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, is amended by amending subsection (a) to read as follows:

"(a) Whenever a citation for violation of chapter 291C, Hawaii Revised Statutes, is issued pursuant to section 291C-165, Hawaii Revised Statutes, or whenever a photo red light imaging system [,] or photo technology system [, or photo speed imaging detector system] determines a motor vehicle to be in violation of section [291C-102,] 291C-38(c) [,] or 291C-32(a)(3), Hawaii Revised Statutes, as applicable, evidence that the motor vehicle described in the citations or summons issued pursuant to this Act was operated in violation of those sections of the Hawaii Revised Statutes, together with proof that the person to whom the summons or citation was sent was the registered owner of the motor vehicle at the time of the violation, shall constitute prima facie evidence that the registered owner of the motor vehicle was the person who committed the violation."

SECTION 8. Section 15 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, is amended to read as follows:

"SECTION 15. Penalty. The penalties for all consequences of a violation [for speeding initiated by the use of a photo speed imaging detector system,] for disregarding a steady red signal initiated by the use of a photo red light imaging system [,] or for illegally crossing longitudinal traffic lane markings initiated by the use of a photo technology system shall be as provided in section 291C-161, Hawaii Revised Statutes."

SECTION 9. Section 16 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, as amended by Act 240, Session Laws of Hawaii 2000, is amended by amending subsection (a) to read as follows:

"(a) The department shall develop a request for proposals to purchase, lease, rent, use, install, maintain, and operate photo red light imaging [, photo speed imaging detector,] or photo technology systems in any county as provided in this Act. The request for proposals and all aspects of the contract shall be subject to chapter 103D, Hawaii Revised Statutes."

SECTION 10. Section 17 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, as amended by Act 240, Session Laws of Hawaii 2000, is amended to read as follows:

"SECTION 17. Authority to contract; duration of contract; approval as to form; contract term, renewal, and termination; exemptions. (a) The department, in consultation with county police, may contract with one or more contractors to purchase, lease, rent, use, install, maintain, and operate photo red light imaging [, photo speed imaging detector,] or photo technology systems as provided in this Act.

(b) Notwithstanding any other law to the contrary, the contractor shall provide the following services and activities to implement the [photo speed imaging detector,] photo red light imaging [,] or photo technology systems:

(1) Equipment installation;

(2) Data processing, including custom software development and integration;

(3) Staffing and training of law enforcement personnel and other persons as necessary to provide for effective traffic enforcement;

(4) Required support services for use of video cameras, conventional cameras, or digital cameras;

(5) Image evaluation;

(6) License plate identification and verification;

(7) Review of individual motor vehicle registration records, pursuant to sections 286-45 and 286-172, Hawaii Revised Statutes, to obtain access only to the registered motor vehicle owner's name and address; provided this data shall only be used as is necessary to carry out the provisions of the contract and the purposes of this Act and may not otherwise be publicly disclosed;

(8) Citation generation, processing, and tracking;

(9) Data transfer to agency and court;

(10) Violation and statistical data collection, analysis, and reporting;

(11) Twenty-four-hour support services, consulting, technical assistance, and Internet access;

(12) Community awareness and public relations services; and

(13) Any other services, activities, or equipment deemed necessary or desirable by the department or a state court to implement this Act.

(c) Each contract shall specify such matters as are deemed relevant by the State and the contractor, and shall be approved as to form and content by the attorney general; provided that the contract:

(1) Shall not specify any condition for the issuance of a citation or summons other than as provided by this Act or other applicable state law;

(2) Shall prohibit the contractor, or the contractor's agents or employees, from engaging in any activities prescribed for police officers pursuant to chapter 52D or section 291C-164, Hawaii Revised Statutes, or any other provision of law relating to law enforcement or the use of force, except as otherwise provided in this Act;

(3) Shall specify that personal and confidential information used for the project shall become the property of the State at the end of the contract, that all data shall be returned to the State, and that the contractor may use information obtained from the State or a county only as is necessary to carry out the provisions of the contract and the purposes of this Act;

(4) Shall make the data accessible to the contractor, as set forth in subsection (b)(7);

(5) Shall provide appropriate security for the data system and equipment; and

(6) Shall specify that motor vehicle registration records obtained pursuant to the contract, and as set forth in sections 286-45 and 286-172, Hawaii Revised Statutes, are personal and confidential information and may be used only for services related to issuance of traffic citations and court purposes.

(d) No contract shall extend or be renewed beyond May 1, 2003 [, unless the director determines that the contract offers demonstrable benefits to the State].

(e) The director, upon demonstration that a breach of contract has occurred and that after the passage of a reasonable period of time the breach has not been cured, and without penalty to the department or any county, may cancel a contract at any time after giving three-months' prior written notice.

(f) Notwithstanding any other law to the contrary, any contracts entered into by the department with a contractor pursuant to this section shall not be subject to chapters 76, 77, and 89, or section 46-33, Hawaii Revised Statutes."

SECTION 11. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY: ________________________