Sub. H. B. No. 56 As Recommitted to the Senate Highways and Transportation Committee

Representatives Raussen, Seitz, Brinkman, McGregor, D. Evans, Fessler, Aslanides, Reidelbach, Gilb, Buehrer, Hood, Daniels, Taylor, Martin, Gibbs, Faber, Raga, Blessing, Schneider, Uecker, Bubp, J. Stewart, Schaffer, Webster, Key, Law, Widowfield, Calvert, Coley, Collier, Flowers, Hughes, T. Patton, Peterson, Seaver, Setzer, Trakas, Yates

A BILL

To enact sections 4511.092 and 4511.093 of the 1
Revised Code to establish conditions for the use 2
of a traffic law photo-monitoring device to detect 3
certain traffic law violations. 4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4511.092 and 4511.093 of the Revised 5
Code be enacted to read as follows: 6

       Sec. 4511.092. (A) As used in this section and section 7
4511.093 of the Revised Code: 8

       (1) "Law enforcement agency" means any law enforcement agency 9
of a local authority. 10

       (2) "Law enforcement officer" means any law enforcement 11
officer employed by a law enforcement agency of a local authority. 12

       (3) "Local authority" means a municipal corporation, county, 13
or township. 14

       (4) "Motor vehicle leasing dealer" has the same meaning as in 15
section 4517.01 of the Revised Code. 16

       (5) "Motor vehicle renting dealer" has the same meaning as in 17
section 4549.65 of the Revised Code. 18

       (6) "Qualified traffic violation" means a violation of either 19
of the following: 20

        (a) A traffic control signal; 21

        (b) A railroad crossing sign or signal. 22

       (7) "Ticket" means any traffic ticket, citation, summons, or 23
other notice of liability issued in response to an alleged traffic 24
law violation detected by a traffic law photo-monitoring device. 25

       (8) "Traffic law photo-monitoring device" means an electronic 26
system consisting of a photographic, video, or electronic camera 27
and a means of sensing the presence of a motor vehicle that 28
automatically produces photographs, videotape, or digital images 29
of the vehicle or its license plate. 30

       (B)(1) A local authority that authorizes the enforcement of 31
traffic laws by means of traffic law photo-monitoring devices 32
shall do all of the following: 33

       (a) Enter into a contract with a vendor for the installation 34
or maintenance of the devices or the provision of any other 35
services related to the devices only if the contract involves 36
payment to the vendor on a fee basis that is not contingent upon 37
the number of tickets issued or the amount of fines levied or 38
collected by the local authority due to traffic law violations 39
detected by the devices; 40

       (b) Use the devices only for the enforcement of a qualified 41
traffic violation, unless a law enforcement officer is present at 42
the location of the device and issues the ticket at the time and 43
location of the violation; 44

       (c) Conform the use of the devices to all standards developed 45
by the department of transportation under section 4511.093 of the 46
Revised Code, including the timing of yellow lights and yellow 47
arrows on traffic control signals; 48

       (d) At least thirty days before a traffic law 49
photo-monitoring device becomes operational, erect a warning sign 50
that conforms in size, location, and content with standards 51
established by the department of transportation under section 52
4511.093 of the Revised Code and provide appropriate notice to 53
local print and electronic media of the location of the device and 54
the date the device will be operational; 55

       (e) Prescribe a fine in an amount not exceeding the fine 56
established by the municipal or county court having territorial 57
jurisdiction over the entire or most of the political subdivision 58
of the local authority, in its schedule of fines established 59
pursuant to Traffic Rule 13(C), for a substantively comparable 60
traffic law violation; 61

       (f) Prior to requiring payment of any fine, provide any 62
person who receives a ticket for a noncriminal traffic law 63
violation detected by a traffic law photo-monitoring device with 64
the opportunity for a hearing before a hearing examiner or referee 65
of a traffic violations bureau to answer the allegation by an 66
admission, an admission with a mitigating explanation, or a 67
denial; 68

       (g) Process all fines and costs from a traffic violation 69
detected by a traffic law photo-monitoring device by a violations 70
clerk of a traffic violations bureau established in accordance 71
with Traffic Rule 13. 72

       (2) A local authority that authorizes the enforcement of 73
traffic laws by means of traffic law photo-monitoring devices may 74
establish an administrative fee, in an amount not to exceed the 75
fine prescribed in accordance with division (B)(1)(e) of this 76
section, to be imposed and collected by a hearing examiner or 77
referee of a traffic violations bureau that enters a judgment 78
against a person who denied committing the violation. 79

       (3) A local authority that authorizes the enforcement of 80
traffic laws by means of traffic law photo-monitoring devices 81
shall not use any such device to photograph, videotape, or produce 82
a digital image of a vehicle operator for the purpose of enforcing 83
traffic laws. 84

       (C)(1) During the first thirty days a device is operational, 85
the local authority shall issue only warning notices and shall not 86
issue any ticket for any traffic law violation detected by the 87
device. 88

       (2) The local authority shall compile accident statistics for 89
each location of a traffic law photo-monitoring device and shall 90
update the statistics for each location two times per year. For 91
every twenty-four-month period after the device is installed, the 92
local authority shall determine the change in the number of 93
accidents at the location. If any twenty-four-month period shows 94
an increase in the number of accidents at the location, the local 95
authority shall either remove the device or shall allow the use of 96
the device to continue only if a law enforcement officer is 97
present at the location of the device and issues the ticket at the 98
time and location of the violation. 99

       (D)(1) Only a law enforcement officer may examine the image 100
recorded by a traffic law photo-monitoring device to determine 101
whether a motor vehicle operator has committed a qualified traffic 102
violation. If the image shows an alleged violation, contains a 103
notation of the date and time of the alleged violation, and 104
permits the law enforcement officer to read the letters and 105
numbers on the motor vehicle's rear license plate, the officer may 106
issue a ticket to the vehicle owner. In the case of a leased or 107
rented vehicle, the law enforcement officer shall not issue a 108
ticket in the name of a motor vehicle leasing dealer or motor 109
vehicle renting dealer. 110

       (2) No ticket issued by mail for an alleged violation 111
detected by a traffic law photo-monitoring device shall contain 112
the vehicle owner or operator's social security number, and no 113
request for information from the owner of a motor vehicle shall 114
request the owner to provide another person's social security 115
number or driver's license number. 116

       (3) A motor vehicle leasing dealer or motor vehicle renting 117
dealer who receives a ticket for an alleged violation detected by 118
a traffic law photo-monitoring device is not liable for a ticket 119
issued for a vehicle that was in the care, custody, or control of 120
a lessee or renter. A dealer who receives a ticket for such a 121
violation may notify the law enforcement agency that issued the 122
ticket of the vehicle lessee or renter's identity, but in no case 123
shall the dealer pay a ticket and then attempt to collect a fee or 124
assess the lessee or renter a charge for any payment of such a 125
ticket made on behalf of the lessee or renter. 126

       (E) Upon receipt of a ticket for a noncriminal traffic law 127
violation detected by a traffic law photo-monitoring device: 128

       (1) A person who admits committing the violation shall sign 129
the ticket and pay the fine. 130

       (2) A person who admits committing the violation with a 131
mitigating explanation shall submit evidence to the traffic 132
violations bureau that explains the circumstances surrounding the 133
violation. The evidence may be submitted in person or, to avoid 134
the necessity of personal appearance, may be sent by mail as 135
affidavits and other documentary evidence. A bureau that receives 136
an answer admitting that a person committed a violation with 137
explanation shall proceed in the same manner established in 138
division (B)(2) of section 4521.06 of the Revised Code and 139
promptly determine whether the explanation mitigates the fact that 140
the person committed the violation, notify the person, in writing, 141
of its determination, and determine the amount of the fine, if 142
any. If the person fails to pay the amount of any fine due within 143
ten days after receiving notice of the bureau's determination, the 144
determination and the amount of the fine due shall be considered a 145
judgment and shall be treated as if it were a judgment rendered 146
subsequent to a hearing held pursuant to division (F) of this 147
section. 148

       (3) A person who denies committing the violation shall answer 149
with a denial and request a hearing from the traffic violations 150
bureau concerning the violation. Upon receipt of a hearing 151
request, the traffic violations bureau shall set a date for the 152
hearing and notify the person, in writing, of the date, time, and 153
place of the hearing. 154

       (F) A hearing examiner or referee of a traffic violations 155
bureau shall conduct a hearing for a noncriminal traffic law 156
violation detected by a traffic law photo-monitoring device and 157
any payment of a judgment against a person pursuant to this 158
section shall be made and processed in the same manner as 159
established in section 4521.08 of the Revised Code. Any person 160
against whom a judgment is entered for such a violation may appeal 161
the judgment in the same manner as established in section 4521.08 162
of the Revised Code. 163

       (G) A traffic law violation detected solely by means of a 164
traffic law photo-monitoring device shall not be considered a 165
criminal offense for purposes of any driving record maintained by 166
the bureau of motor vehicles, and no points shall be assessed for 167
any such violation under section 4510.036 of the Revised Code. 168

       Sec. 4511.093. (A) The department of transportation shall 169
develop standards governing the use of traffic law 170
photo-monitoring devices and shall include the standards in the 171
appropriate departmental standards and policy documents, including 172
the Ohio manual of uniform traffic control devices. The standards 173
shall include criteria for selecting locations at which the 174
devices may be installed, size, location, and content standards 175
for warning signs indicating the existence of a traffic law 176
photo-monitoring device, and technical specifications that the 177
devices and associated traffic signals must meet in order to be 178
utilized by local authorities. 179

       (B) At any intersection where a traffic law photo-monitoring 180
device is installed, the time period during which the traffic 181
control signal displays a yellow light or yellow arrow shall 182
conform with the provisions contained in the manual adopted by the 183
department pursuant to section 4511.09 of the Revised Code 184
governing the time of display of yellow lights and yellow arrows 185
by traffic control signals, and that time period shall not be 186
shorter than the time period prescribed by that manual for 187
intersections that are of the same type or have the same 188
characteristics as the intersection at which the traffic control 189
signal is located. 190

       Section 2. Not later than sixty days after the effective date 191
of this act, any local authority using a traffic law 192
photo-monitoring device to enforce traffic laws shall conform each 193
existing device and the use of the device to the provisions of 194
section 4511.092 of the Revised Code, including any standards 195
established by the Department of Transportation pursuant to 196
section 4511.093 of the Revised Code. Any ticket issued by a local 197
authority for a traffic law violation detected more than sixty 198
days after the effective date of this act by a device that does 199
not conform to the provisions of this act is invalid. 200

       Section 3. There is hereby created a legislative traffic law 201
photo-enforcement study committee consisting of six members, as 202
follows: (1) Three members of the Senate, no more than two of whom 203
shall be members of the same political party, one of whom shall be 204
the chairperson of the Senate committee dealing primarily with 205
highway matters, one of whom shall be appointed by the President 206
of the Senate, and one of whom shall be appointed by the Minority 207
Leader of the Senate; (2) Three members of the House of 208
Representatives, no more than two of whom shall be members of the 209
same political party, one of whom shall be the chairperson of the 210
House of Representatives committee dealing primarily with highway 211
matters, one of whom shall be appointed by the Speaker of the 212
House of Representatives, and one of whom shall be appointed by 213
the Minority Leader of the House of Representatives. The committee 214
shall evaluate the use of traffic law photo-enforcement devices 215
within Ohio, considering any testimony from citizens, local 216
authorities using the devices, businesses that provide the 217
devices, and other available information. Not later than six 218
months after the effective date of this act, the committee shall 219
make recommendations to the Majority and Minority Leaders of the 220
Senate and House of Representatives concerning the use of traffic 221
law photo-enforcement devices within Ohio. 222

Section 1. That sections 4511.092 and 4511.093 of the Revised	5
Code be enacted to read as follows:	6

Sec. 4511.092. (A) As used in this section and section	7
4511.093 of the Revised Code:	8

(1) "Law enforcement agency" means any law enforcement agency	9
of a local authority.	10

(2) "Law enforcement officer" means any law enforcement	11
officer employed by a law enforcement agency of a local authority.	12

(3) "Local authority" means a municipal corporation, county,	13
or township.	14

(4) "Motor vehicle leasing dealer" has the same meaning as in	15
section 4517.01 of the Revised Code.	16

(5) "Motor vehicle renting dealer" has the same meaning as in	17
section 4549.65 of the Revised Code.	18

(6) "Qualified traffic violation" means a violation of either	19
of the following:	20

(7) "Ticket" means any traffic ticket, citation, summons, or	23
other notice of liability issued in response to an alleged traffic	24
law violation detected by a traffic law photo-monitoring device.	25

(8) "Traffic law photo-monitoring device" means an electronic	26
system consisting of a photographic, video, or electronic camera	27
and a means of sensing the presence of a motor vehicle that	28
automatically produces photographs, videotape, or digital images	29
of the vehicle or its license plate.	30

(B)(1) A local authority that authorizes the enforcement of	31
traffic laws by means of traffic law photo-monitoring devices	32
shall do all of the following:	33

(a) Enter into a contract with a vendor for the installation	34
or maintenance of the devices or the provision of any other	35
services related to the devices only if the contract involves	36
payment to the vendor on a fee basis that is not contingent upon	37
the number of tickets issued or the amount of fines levied or	38
collected by the local authority due to traffic law violations	39
detected by the devices;	40

(b) Use the devices only for the enforcement of a qualified	41
traffic violation, unless a law enforcement officer is present at	42
the location of the device and issues the ticket at the time and	43
location of the violation;	44

(c) Conform the use of the devices to all standards developed	45
by the department of transportation under section 4511.093 of the	46
Revised Code, including the timing of yellow lights and yellow	47
arrows on traffic control signals;	48

(d) At least thirty days before a traffic law	49
photo-monitoring device becomes operational, erect a warning sign	50
that conforms in size, location, and content with standards	51
established by the department of transportation under section	52
4511.093 of the Revised Code and provide appropriate notice to	53
local print and electronic media of the location of the device and	54
the date the device will be operational;	55

(e) Prescribe a fine in an amount not exceeding the fine	56
established by the municipal or county court having territorial	57
jurisdiction over the entire or most of the political subdivision	58
of the local authority, in its schedule of fines established	59
pursuant to Traffic Rule 13(C), for a substantively comparable	60
traffic law violation;	61

(f) Prior to requiring payment of any fine, provide any	62
person who receives a ticket for a noncriminal traffic law	63
violation detected by a traffic law photo-monitoring device with	64
the opportunity for a hearing before a hearing examiner or referee	65
of a traffic violations bureau to answer the allegation by an	66
admission, an admission with a mitigating explanation, or a	67
denial;	68

(g) Process all fines and costs from a traffic violation	69
detected by a traffic law photo-monitoring device by a violations	70
clerk of a traffic violations bureau established in accordance	71
with Traffic Rule 13.	72

(2) A local authority that authorizes the enforcement of	73
traffic laws by means of traffic law photo-monitoring devices may	74
establish an administrative fee, in an amount not to exceed the	75
fine prescribed in accordance with division (B)(1)(e) of this	76
section, to be imposed and collected by a hearing examiner or	77
referee of a traffic violations bureau that enters a judgment	78
against a person who denied committing the violation.	79

(3) A local authority that authorizes the enforcement of	80
traffic laws by means of traffic law photo-monitoring devices	81
shall not use any such device to photograph, videotape, or produce	82
a digital image of a vehicle operator for the purpose of enforcing	83
traffic laws.	84

(C)(1) During the first thirty days a device is operational,	85
the local authority shall issue only warning notices and shall not	86
issue any ticket for any traffic law violation detected by the	87
device.	88

(2) The local authority shall compile accident statistics for	89
each location of a traffic law photo-monitoring device and shall	90
update the statistics for each location two times per year. For	91
every twenty-four-month period after the device is installed, the	92
local authority shall determine the change in the number of	93
accidents at the location. If any twenty-four-month period shows	94
an increase in the number of accidents at the location, the local	95
authority shall either remove the device or shall allow the use of	96
the device to continue only if a law enforcement officer is	97
present at the location of the device and issues the ticket at the	98
time and location of the violation.	99

(D)(1) Only a law enforcement officer may examine the image	100
recorded by a traffic law photo-monitoring device to determine	101
whether a motor vehicle operator has committed a qualified traffic	102
violation. If the image shows an alleged violation, contains a	103
notation of the date and time of the alleged violation, and	104
permits the law enforcement officer to read the letters and	105
numbers on the motor vehicle's rear license plate, the officer may	106
issue a ticket to the vehicle owner. In the case of a leased or	107
rented vehicle, the law enforcement officer shall not issue a	108
ticket in the name of a motor vehicle leasing dealer or motor	109
vehicle renting dealer.	110

(2) No ticket issued by mail for an alleged violation	111
detected by a traffic law photo-monitoring device shall contain	112
the vehicle owner or operator's social security number, and no	113
request for information from the owner of a motor vehicle shall	114
request the owner to provide another person's social security	115
number or driver's license number.	116

(3) A motor vehicle leasing dealer or motor vehicle renting	117
dealer who receives a ticket for an alleged violation detected by	118
a traffic law photo-monitoring device is not liable for a ticket	119
issued for a vehicle that was in the care, custody, or control of	120
a lessee or renter. A dealer who receives a ticket for such a	121
violation may notify the law enforcement agency that issued the	122
ticket of the vehicle lessee or renter's identity, but in no case	123
shall the dealer pay a ticket and then attempt to collect a fee or	124
assess the lessee or renter a charge for any payment of such a	125
ticket made on behalf of the lessee or renter.	126

(E) Upon receipt of a ticket for a noncriminal traffic law	127
violation detected by a traffic law photo-monitoring device:	128

(1) A person who admits committing the violation shall sign	129
the ticket and pay the fine.	130

(2) A person who admits committing the violation with a	131
mitigating explanation shall submit evidence to the traffic	132
violations bureau that explains the circumstances surrounding the	133
violation. The evidence may be submitted in person or, to avoid	134
the necessity of personal appearance, may be sent by mail as	135
affidavits and other documentary evidence. A bureau that receives	136
an answer admitting that a person committed a violation with	137
explanation shall proceed in the same manner established in	138
division (B)(2) of section 4521.06 of the Revised Code and	139
promptly determine whether the explanation mitigates the fact that	140
the person committed the violation, notify the person, in writing,	141
of its determination, and determine the amount of the fine, if	142
any. If the person fails to pay the amount of any fine due within	143
ten days after receiving notice of the bureau's determination, the	144
determination and the amount of the fine due shall be considered a	145
judgment and shall be treated as if it were a judgment rendered	146
subsequent to a hearing held pursuant to division (F) of this	147
section.	148

(3) A person who denies committing the violation shall answer	149
with a denial and request a hearing from the traffic violations	150
bureau concerning the violation. Upon receipt of a hearing	151
request, the traffic violations bureau shall set a date for the	152
hearing and notify the person, in writing, of the date, time, and	153
place of the hearing.	154

(F) A hearing examiner or referee of a traffic violations	155
bureau shall conduct a hearing for a noncriminal traffic law	156
violation detected by a traffic law photo-monitoring device and	157
any payment of a judgment against a person pursuant to this	158
section shall be made and processed in the same manner as	159
established in section 4521.08 of the Revised Code. Any person	160
against whom a judgment is entered for such a violation may appeal	161
the judgment in the same manner as established in section 4521.08	162
of the Revised Code.	163