MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation; Municipalities

By: Representative Brown

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF CERTAIN MUNICIPALITIES TO CREATE AND OPERATE TRAFFIC-CONTROL SIGNAL MONITORING SYSTEMS; TO PROVIDE FOR THE IMPOSITION OF CIVIL PENALTIES FOR VIOLATIONS OF TRAFFIC-CONTROL SIGNALS MONITORED BY SUCH SYSTEMS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Agency" means a municipality with a population of one hundred thousand (100,000) or more, according to the latest federal decennial census.

(b) "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six (6) months or more. "Owner" does not include a motor vehicle rental or leasing company.

(c) "Recorded images" means images recorded by a traffic-control signal monitoring system:

(i) On:

1. Two (2) or more photographs;

2. Two (2) or more microphotographs;

3. Two (2) or more electronic images;

4. Videotape; or

5. Any other medium; and

(ii) Showing the rear of a motor vehicle and, on at least one image or portion of tape, clearly identifying the registration plate number of the motor vehicle.

(d) "Traffic-control signal monitoring system" means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles entering an intersection against a red signal indication.

(2) This section applies to a violation of Section 63-3-309(3) at intersections monitored by a traffic-control signal monitoring system.

(3) (a) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (6)(e) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a traffic-control signal monitoring system while being operated in violation of Section 63-3-309(3).

(b) A civil penalty under this subsection may not exceed One Hundred Dollars ($100.00).

(c) For purposes of this section, the State Auditor and Attorney General shall prescribe a uniform citation form consistent with the Uniform Traffic Ticket Law, provided under Section 63-9-21.

(4) (a) Subject to the provisions of paragraphs (b) through (d) of this subsection, an agency shall mail to the owner liable under subsection (3) of this section a citation which shall include:

(i) The name and address of the registered owner of the vehicle;

(ii) The registration number of the motor vehicle involved in the violation;

(iii) The violation charged;

(iv) The location of the intersection;

(v) The date and time of the violation;

(vi) A copy of the recorded image;

(vii) The amount of the civil penalty imposed and the date by which the civil penalty should be paid;

(viii) A signed statement by a technician employed by the agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of Section 63-3-309(3);

(ix) A statement that recorded images are evidence of a violation of Section 63-3-309(3); and

(x) Information advising the person alleged to be liable under this section:

1. Of the manner and time in which liability as alleged in the citation may be contested in the municipal court; and

2. Warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in refusal or suspension of the motor vehicle registration.

(b) The agency may mail a warning notice in lieu of a citation to the owner liable under subsection (3) of this section.

(c) Except as provided in subsection (6)(e) of this section, a citation issued under this section shall be mailed no later that two (2) weeks after the alleged violation.

(d) An agency may not mail a citation to a person who is not an owner under subsection (1)(c)(ii) of this section.

(e) A person who receives a citation under paragraph (a) of this subsection may:

(i) Pay the civil penalty, in accordance with instructions on the citation, directly to the municipal court; or

(ii) Elect to stand trial for the alleged violation.

(5) A certificate alleging that the violation of Section 63-3-309(3) occurred, sworn to or affirmed by a duly authorized agent of the agency, based on inspection of recorded images produced by a traffic-control signal monitoring system shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section. Adjudication of liability shall be based on a preponderance of evidence.

(6) (a) The municipal court may consider the following in defense of a violation of this act:

(i) That the driver of the vehicle passed through the intersection in violation of Section 63-3-309(3) in order to yield the right-of-way to an emergency vehicle;

(ii) Except as otherwise provided in paragraph (b) of this subsection, that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

(iii) Except otherwise provided in paragraph (c) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; or

(iv) Any other issues and evidence that the municipal court deems pertinent.

(b) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report about the stolen motor vehicle or registration plates was filed in a timely manner.

(c) To satisfy the evidentiary burden under paragraph (a)(iii) of this subsection, the person named in the citation shall provide evidence to the satisfaction of the court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator's name and current address.

(d) To satisfy the evidentiary burden under paragraph (a)(iii) of this subsection, the person named in the citation may provide to the municipal court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

(i) States that the person named in the citation was not operating the vehicle at the time of the violation; and

(ii) Provides the name, address, and driver's license identification number of the person who was operating the vehicle at the time of the violation.

(e) (i) If the municipal court finds that the person named in the citation was not operating the vehicle at the time of the citation or receives evidence under paragraph (d)(ii) of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) Upon the receipt of substantiating evidence from the municipal court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (4) of this section to the person that the evidence indicates was operating the vehicle at the time of the violation.

(iii) A citation issued under subparagraph (ii) of this paragraph shall be mailed no later than two (2) weeks after receipt of the evidence from the municipal court.

(7) If the civil penalty is not paid and the violation is not contested, the penalty shall be enrolled on the judgement roll of the municipality, shall create a lien on the property of the violator within the jurisdiction of the court which may be enforced in the same manner as other civil judgements.

(8) A violation for which a civil penalty is imposed under this section:

(a) Is not a moving violation of this title for purposes of Section 63-1-53(2)(d) or serious traffic violation for purposes of Section 63-1-83(4) and may not be recorded by the Department of Public Safety on the driving record of the owner or driver of the vehicle;

(b) Need not be reported to the Department of Public Safety or the Commissioner of Public Safety under Sections 63-1-51, 63-9-17 and 63-9-21;

(c) May be treated as a parking violation for purposes of Section 21-23-19; and

(d) May not be considered in the provision of motor vehicle insurance coverage.

(9) All monies collected from violations of this act shall be deposited to the credit of the traffic calming fund within the budget of the municipality.

SECTION 2. Section 1 of this act shall be codified in Chapter 3, Title 63, Article 7, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.